Computation of Interest, Fees, Yield Protection. All interest, 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. Each determination by the 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 or refund, nor subject to proration except as specifically provided herein. 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 as to amounts payable by the Borrowers under Section 3.4, Section 3.6, Section 3.7, Section 3.9, or Section 5.9, submitted to the Borrowers by the Agent or the affected Lender, as applicable, shall be final, conclusive, and binding for all purposes, absent manifest error.
Appears in 3 contracts
Samples: Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc)
Computation of Interest, Fees, Yield Protection. All interest, 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 daysdays with respect to LIBOR Loans, and 365 days with respect to Adjusted Base Rate Loans. Each determination by the Agent of any interest, fees, fees or interest rate hereunder shall be final, conclusive, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate rebate, refund or refund, nor subject to proration except as specifically provided hereinproration. 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, forbearance or detention of money. A certificate as to amounts payable by the Borrowers under Section 3.4, Section 3.6, Section 3.7, Section 3.9, 3.9 or Section 5.95.10, submitted to the Borrowers Borrower Agent by the Agent or the affected Lender, as applicable, shall be final, conclusive, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 days following receipt of the certificate.
Appears in 3 contracts
Samples: First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)
Computation of Interest, Fees, Yield Protection. All interest, 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 daysdays with respect to SOFR Loans, and 365 days with respect to Adjusted Base Rate Loans. Each determination by the Agent of any interest, fees, fees or interest rate hereunder shall be final, conclusive, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate rebate, refund or refund, nor subject to proration except as specifically provided hereinproration. 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, forbearance or detention of money. A certificate as to amounts payable by the Borrowers under Section 3.4, Section 3.6, Section 3.7, Section 3.9, 3.9 or Section 5.95.10, submitted to the Borrowers Borrower Agent by the Agent or the affected Lender, as applicable, shall be final, conclusive, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 days following receipt of the certificate.
Appears in 2 contracts
Samples: First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)
Computation of Interest, Fees, Yield Protection. All interest, 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 (365 days or 366 days, as applicable for Base Rate Loans). Each determination by the Agent of any interest, fees, fees or interest rate hereunder shall be final, conclusive, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate rebate, refund or refund, nor subject to proration except as specifically provided hereinproration. 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, forbearance or detention of money. A certificate as to amounts payable by the Borrowers under Section 3.4, Section 3.6, Section 3.7, Section 3.9, 3.9 or Section 5.9, submitted to the Borrowers Borrower Agent by the Agent or the affected Lender, as applicable, Lender shall be final, conclusive, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 days following receipt of the certificate.
Appears in 2 contracts
Samples: Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.), Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.)
Computation of Interest, Fees, Yield Protection. All interest, 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 365 days with respects to amounts denominated in Sterling and 360 daysdays with respect to all other amounts. Each determination by the Agent of any interest, fees, fees or interest rate hereunder shall be final, conclusive, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate rebate, refund or refund, nor subject to proration except as specifically provided hereinproration. 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, forbearance or detention of money. A certificate as to amounts payable by the Borrowers under Section 3.4, Section 3.6, Section 3.7, Section 3.9, 5.9 or Section 5.95.12, submitted to the Borrowers Borrower Agent by the Agent or the affected Lender, as applicable, Lender shall be final, conclusive, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 days following receipt of the certificate.
Appears in 1 contract
Computation of Interest, Fees, Yield Protection. All interest, 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 365 days with respect to SIBOR Loans and 360 daysdays with respect to all other Obligations. Each determination by the Agent of any interest, fees, fees or interest rate hereunder shall be final, conclusive, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate rebate, refund or refund, nor subject to proration except as specifically provided hereinproration. 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, forbearance or detention of money. A certificate as to amounts payable by the Borrowers under Section 3.4, Section 3.6, Section 3.7, Section 3.9, 3.9 or Section 5.95.9 (together with reasonably detailed calculations thereof), submitted to the Borrowers Borrower Agent by the Agent or the affected Lender, as applicable, Lender shall be final, conclusive, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 30 days following receipt of the certificate.
Appears in 1 contract
Samples: Loan and Security Agreement (Amkor Technology, Inc.)
Computation of Interest, Fees, Yield Protection. All interest, 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. Each determination by the 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 or refund, nor subject to proration except as specifically provided herein. 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 as to amounts payable by the Borrowers under Section 3.4, Section 3.6, Section 3.7, Section 3.9, or Section 5.9, submitted to the Borrowers by the 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 30 days following receipt of the certificate.
Appears in 1 contract
Computation of Interest, Fees, Yield Protection. All interest, 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 or, in the case of Base Rate Loans, 365/366 days. Each determination by the Agent of any interest, fees, fees or interest rate hereunder shall be final, conclusive, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate rebate, refund or refund, nor subject to proration except as specifically provided hereinproration. 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, forbearance or detention of money. A certificate as to amounts payable (with reasonable details of the basis therefor) by the Borrowers under Section 3.4, Section 3.6, Section 3.7, Section 3.9, 3.9 or Section 5.9, submitted to the Borrowers Borrower Agent by the Agent or the affected Lender, as applicable, shall be final, conclusive, 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 1 contract
Samples: Loan and Security Agreement (United Maritime Group, LLC)