Concerning Fees. (a) In addition to any other right to which the Agent is then entitled on account thereof, the Agent may assess an additional fee payable by the Borrower on account of the accommodation by the Agent, from time to time, of the Borrower's request that the Agent depart or dispense with one or more of the administrative provisions of this Agreement and/or the Borrower's failure to comply with any of such provisions.
(i) By way of non-exclusive example, the Agent may assess a fee on account of any of the following:
(A) The Borrower's failure to pay that amount which is necessary so that no OverAdvance is outstanding (as required under Section 2.10(b) hereof).
(B) The providing of a loan or advance under the Revolving Credit or charging of the Loan Account such that an OverAdvance is made.
(C) The foreshortening of any of the time frames with respect to the making of Revolving Credit Loans as set forth in Section 2.5.
(D) The Borrower's failure to provide a financial statement or report within the applicable time frame provided for such report under Article 6:.
(ii) The inclusion of the foregoing right on the part of the Agent to assess a fee does not constitute an obligation, on the part of the Agent, to waive any provision of this Agreement under any circumstances. The assessment of any such fee in any particular circumstance shall not constitute the Agent's waiver of any breach of this Agreement on account of which such fee was assessed nor a course of action on which the Borrower may rely.
(b) The Borrower shall not be entitled to any credit, rebate or repayment of any fee earned by the Agent or any Revolving Credit Lender pursuant to this Agreement or any Loan Document notwithstanding any termination of this Agreement or suspension or termination of the Agent's and any Revolving Credit Lender's respective obligation to make loans and advances hereunder.
Concerning Fees. The Borrowers shall not be entitled to any credit, rebate or repayment of any fee earned by the Administrative Agent or any Revolving Credit Lender pursuant to this Agreement or any Loan Document notwithstanding any termination of this Agreement or suspension or termination of the Administrative Agent's and any Revolving Credit Lender's respective obligation to make loans and advances hereunder.
Concerning Fees. The Borrower shall not be entitled to any credit, rebate or repayment of the Commitment Fee, Line (Unused) Fee or other fee previously earned by the Lender pursuant to this Agreement notwithstanding any termination of this Agreement or suspension or termination of the Lender’s obligation to make loans and advances hereunder.
Concerning Fees. The Borrowers shall not be entitled to any credit, rebate or repayment of the Revolving Credit Commitment Fee, Unused Line Fee, Revolving Credit Early Termination Fee, or other fee earned by the Agent or Lenders pursuant to this Agreement or any Loan Document notwithstanding any termination of this Agreement or suspension or termination of the Agent’s or Lenders’ obligation to make loans and advances hereunder.
Concerning Fees. The Borrowers shall not be entitled to any credit, rebate or repayment of the Agent's Fee, Line (Unused) Fee, or other fee previously earned by the Agent or any Lender pursuant to this Agreement notwithstanding any termination of this Agreement or suspension or termination of the Agent's and any Lender's respective obligation to make loans and advances hereunder.
Concerning Fees. The Borrower shall not be entitled to any credit, rebate or repayment of any upfront fees payable under the Fee Letter or any other fee previously earned by the Agent or any Lender pursuant to this Agreement.
Concerning Fees. 16. Agent's and Revolving Credit Lenders' Discretion...................49 2.17. Procedures For Issuance of L/Cs and Banker's Acceptances........
Concerning Fees. 32 2.17. AGENT'S AND REVOLVING CREDIT LENDERS' DISCRETION.....................................33 2.18. PROCEDURES FOR ISSUANCE OF L/C's.....................................................34 2.19. FEES FOR L/C's.......................................................................35 2.20. CONCERNING L/C's.....................................................................36 2.21. CHANGED CIRCUMSTANCES................................................................37 2.22. LENDERS' COMMITMENTS.................................................................38
Concerning Fees. Agent’s and Revolving Credit Lenders’ Discretion
Concerning Fees. (a) In addition to any other right to which the Lenders is then entitled on account thereof, the Agent, with the agreement of the Borrower, may assess, for the benefit of the Lenders, an additional fee payable by the Borrower on account of the accommodation, from time to time, by the Agent or the Lenders of the Borrower’s request that the Agent or Lenders depart or dispense with one or more of the administrative provisions of this Agreement and/or the Borrower’s failure to comply with any of such provisions.
(b) Agent reserves the right to negotiate with the Borrower for the assessment of additional fees, including fees for the benefit of the Agent, in the event that Agent syndicates the facility contemplated by this Agreement.
(c) Except as set forth in the Fee Letter, the Borrower shall not be entitled to any credit, rebate or repayment of the Unused Line Fee and Revolving Credit Early Termination Fee, or other fee earned by the Lenders pursuant to this Agreement or any other Loan Document notwithstanding any termination of this Agreement or suspension or termination of the Agent's or Lenders’ obligation to make loans and advances hereunder.
