Computation of Interest, Fees, Yield Protection. All interest in respect of LIBOR Loans, as well as fees and other charges calculated on a per annum basis shall be computed for the actual days elapsed, based on a year of 360 days. Fees, interest and charges in respect of Base Rate Loans shall be calculated for the actual days elapsed, based on a year of 365 days (or 366 days as applicable) and shall be payable in Dollars. Each determination by Agent of any interest, fees or interest rate hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate setting forth amounts payable by Borrowers under Section 3.4, 3.6, 3.7, 3.9 or 5.9, submitted to Borrower Agent by Agent or the affected Lender, as applicable, shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 Business Days following receipt of the certificate.
Appears in 5 contracts
Samples: Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.)
Computation of Interest, Fees, Yield Protection. All interest in respect of LIBOR Loans(other than interest computed by reference to the Base Rate), as well as fees and other charges calculated on a per annum basis basis, shall be computed for the actual days elapsed, based on a year of 360 days. Fees, and interest and charges in respect of computed by reference to the Base Rate Loans shall be calculated for computed on the actual days elapsed, based on basis of a year of 365 days (or 366 days as applicable) and shall be payable in Dollarsa leap year). Each determination by Administrative Agent of any interest, fees or interest rate hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate setting forth as to amounts payable by Borrowers under Section 3.4, 3.6, 3.7, 3.9 or 5.9, submitted to Borrower Agent by Administrative Agent or the affected Lender, as applicable, Lender shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 Business Days days following receipt of the certificate.
Appears in 4 contracts
Samples: Loan Agreement (Key Energy Services Inc), Loan Agreement (Key Energy Services Inc), Loan and Security Agreement (Key Energy Services Inc)
Computation of Interest, Fees, Yield Protection. All interest in respect of LIBOR Loansinterest, as well as fees and other charges calculated on a per annum basis basis, shall be computed for the actual days elapsed, based on a year of 360 days. Feesdays provided that in the case of interest on Loans computed by reference to the Base Rate at times when the Base Rate is based on the Prime Rate, interest and charges in respect will be determined on the basis of Base Rate Loans shall be calculated for the actual days elapsed, based on a year of 365 days (or 366 days as applicable) and shall be payable in Dollarsa leap year). Each determination by Administrative Agent of any interest, fees or interest rate hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate setting forth as to amounts payable by Borrowers Borrower under Section 3.4, 3.6, 3.7, 3.9 or 5.9, submitted to Borrower Agent by Administrative Agent or the affected Lender, as applicable, Lender shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers Borrower shall pay such amounts to the appropriate party within 10 Business Days days following receipt of the certificate.
Appears in 3 contracts
Samples: Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc)
Computation of Interest, Fees, Yield Protection. All interest in respect of LIBOR Loansinterest, as well as fees and other charges calculated on a per annum basis basis, shall be computed for the actual days elapsed, based on a year of 360 days. Fees, ; provided that all interest and charges in respect of on Base Rate Loans (other than those where interest is computed by reference to LIBOR) shall be calculated computed for the actual days elapsed, based on a year of 365 days (or 366 days days, as applicable) and shall be payable in Dollars. Each determination by Agent of any interest, fees or interest rate hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate setting forth as to amounts payable by Borrowers under Section 3.4, 3.6, 3.7, 3.9 or 5.95.8, submitted to Borrower Agent by Agent or the affected Lender, as applicable, Lender shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 Business Days days following receipt of the certificate.
Appears in 3 contracts
Samples: Loan Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc)
Computation of Interest, Fees, Yield Protection. All interest in respect of LIBOR Loans, as well as fees and other charges calculated on a per annum basis basis, shall be computed for the actual days elapsed, based on a year of 360 days. Fees, interest and charges in respect of Base Rate Loans shall be calculated for the actual days elapsed, based on a year of 365 days (or 366 days as applicable) and shall be payable in Dollars. Each determination by Administrative Agent of any interest, fees or interest rate hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate setting forth amounts payable by Borrowers the Borrower under Section 3.4, 3.6, 3.7, 3.9 or 5.9, submitted to the Borrower Agent by Administrative Agent or the affected Lender, as applicable, shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers the Borrower shall pay such amounts to the appropriate party within 10 Business Days following receipt of the certificate.
Appears in 2 contracts
Samples: Term Loan and Security Agreement (Commercial Vehicle Group, Inc.), Term Loan and Security Agreement (Commercial Vehicle Group, Inc.)
Computation of Interest, Fees, Yield Protection. All computations of interest in respect for Base Rate Loans (including Base Rate Loans determined by reference to Term SOFR) shall be computed for actual days elapsed, based on a year of LIBOR Loans365 or 366 days, as applicable. All other interest, as well as fees and other charges calculated on a per annum basis basis, shall be computed for the actual days elapsed, based on a year of 360 days. Fees, interest and charges in respect of Base Rate Loans shall be calculated for the actual days elapsed, based on a year of 365 days (or 366 days as applicable) and shall be payable in Dollars. Each determination by Agent of any interest, fees or fee, interest rate or amounts payable hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate setting forth as to amounts payable by Borrowers under Section 3.4, 3.6, 3.7, 3.9 or 5.9, 5.8 that is submitted to Borrower Agent by Agent or the affected Lender, as applicable, Lender in reasonable detail (a “Reimbursement Certificate”) shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 Business Days days following receipt of the certificate.
Appears in 2 contracts
Samples: Loan, Security and Guaranty Agreement (Atlas Energy Solutions Inc.), Loan, Security and Guaranty Agreement (Atlas Energy Solutions Inc.)
Computation of Interest, Fees, Yield Protection. All computations of interest in respect for Base Rate Loans (including Base Rate Loans determined by reference to Term SOFR) shall be computed for actual days elapsed, based on a year of LIBOR Loans365 or 366 days, as applicable. All interest, as well as fees and other charges calculated on a per annum basis basis, shall be computed for the actual days elapsed, based on a year of 360 days. Fees, interest and charges in respect of Base Rate Loans shall be calculated for the actual days elapsed, based on a year of 365 days (or 366 days as applicable) and shall be payable in Dollars. Each determination by Agent of any interest, fees or fee, interest rate or amounts payable hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate setting forth as to amounts payable by Borrowers under Section 3.4, 3.6, 3.7, 3.9 or 5.9, 5.8 that is submitted to Borrower Agent by Agent or the affected Lender, as applicable, Lender shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 Business Days days following receipt of the certificate.
Appears in 1 contract
Samples: Abl Loan and Security Agreement (Rocky Brands, Inc.)
Computation of Interest, Fees, Yield Protection. All interest in respect of LIBOR Loansinterest, as well as fees and other charges calculated on a per annum basis basis, shall be computed for the actual days elapsed, based on a year of 360 days. Feesdays provided that in the case of interest on Loans computed by reference to the Base Rate at times when the Base Rate is based on the Prime Rate, interest and charges in respect will be determined on the basis of Base Rate Loans shall be calculated for the actual days elapsed, based on a year of 365 days (or 366 days as applicable) and shall be payable in Dollarsa leap year). Each determination by Administrative Agent of any interest, fees or interest rate hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate setting forth as to amounts payable by Borrowers Borrower under Section 3.4, 3.6, 3.7, 3.9 or 5.9, submitted to Borrower Agent by Administrative Agent or the affected Lender, as applicable, Lender shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers Borrower shall pay such amounts to the appropriate party within 10 Business Days days following receipt of the certificate.. 96 97
Appears in 1 contract
Samples: Term Loan and Security Agreement (DXP Enterprises Inc)
Computation of Interest, Fees, Yield Protection. All computations of interest in respect for Base Rate Loans (including Base Rate Loans determined by reference to Term SOFR) shall be computed for actual days elapsed, based on a year of LIBOR Loans365 or 366 days, as applicable. All interest, as well as fees and other charges calculated on a per annum basis basis, shall be computed for the actual days elapsed, based on a year of 360 days. Fees, interest and charges in respect of Base Rate Loans shall be calculated for the actual days elapsed, based on a year of 365 days (or 366 days as applicable) and shall be payable in Dollars. Each determination by Agent of any interest, fees or fee, interest rate or amounts payable hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate setting forth as to amounts payable by Borrowers under Section 3.4, 3.6, 3.7, 3.9 or 5.9, 5.9 that is submitted to Borrower Agent by Agent or the affected Lender, as applicable, Lender shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 Business Days days following receipt of the certificate.
Appears in 1 contract
Samples: Abl Loan and Security Agreement (Rocky Brands, Inc.)
Computation of Interest, Fees, Yield Protection. All computations of interest in respect for Base Rate Loans (including Base Rate Loans determined by reference to Term SOFR) shall be computed for actual days elapsed, based on a year of LIBOR Loans365 or 366 days, as applicable. All other interest, as well as fees and other charges calculated on a per annum basis basis, shall be computed for the actual days elapsed, based on a year of 360 days. Fees, interest and charges in respect of Base Rate Loans shall be calculated for the actual days elapsed, based on a year of 365 days (or 366 days as applicable) and shall be payable in Dollars. Each determination by Agent of any interest, fees or or, interest rate or amounts payable hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate setting forth as to amounts payable by Borrowers under Section 3.4, 3.6, 3.7, 3.9 or 5.95.8, submitted to Borrower Agent by Agent or the affected Lender, as applicable, shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 Business Days ten (10) days following receipt of the certificate.
Appears in 1 contract
Computation of Interest, Fees, Yield Protection. All computations of interest in respect for Base Rate Loans (including Base Rate Loans determined by reference to Term SOFR) shall be computed for actual days elapsed, based on a year of LIBOR Loans365 or 366 days, as applicable. All other interest, as well as fees and other charges calculated on a per annum basis basis, shall be computed for the actual days elapsed, based on a year of 360 days. Fees, interest and charges in respect of Base Rate Loans shall be calculated for the actual days elapsed, based on a year of 365 days (or 366 days as applicable) and shall be payable in Dollars. Each determination by Agent of any interest, fees or fee, interest rate or amounts payable hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate setting forth as to amounts payable by Borrowers under Section 3.4, 3.6, 3.7, 3.9 or 5.9, 5.8 that is submitted to Borrower Agent by Agent or the affected Lender, as applicable, Lender shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 Business Days days following receipt of the certificate.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Infinera Corp)
Computation of Interest, Fees, Yield Protection. All computations of interest in respect for Base Rate Loans (including Base Rate Loans determined by reference to Term SOFR) shall be computed for actual days elapsed, based on a year of LIBOR Loans365 or 366 days, as applicable. All other interest, as well as fees and other charges calculated on a per annum basis basis, shall be computed for the actual days elapsed, based on a year of 360 days. Fees, interest and charges in respect of Base Rate Loans shall be calculated for the actual days elapsed, based on a year of 365 days (or 366 days as applicable) and shall be payable in Dollars. Each determination by Administrative Agent of any interest, fees or interest rate hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate setting forth as to amounts payable by Borrowers under Section 3.4, 3.6, 3.7, 3.9 or 5.95.8, submitted to Borrower Agent by Administrative Agent or the affected Lender, as applicable, Lender shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 Business Days days following receipt of the certificate.
Appears in 1 contract
Samples: Loan and Security Agreement (Par Pacific Holdings, Inc.)