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.
Appears in 2 contracts
Samples: Loan and Security Agreement (Gander Mountain Co), Loan and Security Agreement (Gander Mountain Co)
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 Agentaccommodation, from time to time, by the Agent of the Borrower's ’s request that the Agent depart or dispense with one or more of the administrative provisions of this Agreement and/or the Borrower's ’s failure to comply with any of such provisions, which additional fee shall be reasonable.
(i) By way of non-exclusive example, the Agent may assess a fee on account of any of the following:
(A) The Borrower's ’s failure to pay that amount which is necessary so that no OverAdvance OverLoan is outstanding (as required under Section 2.10(b2-10(b) hereof).
(B) The providing of a loan or advance under the Revolving Credit or charging of the Loan Account such that an OverAdvance OverLoan 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 2.52-5.
(D) The Borrower's ’s failure to provide a financial statement or report within the applicable time frame provided for such report under Article 6:5 hereof.
(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 ’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 pursuant to the terms hereof or suspension or termination pursuant to the terms hereof of the Agent's ’s and any Revolving Credit Lender's ’s respective obligation to make loans and advances hereunder.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hastings Entertainment Inc), Loan and Security Agreement (Hastings Entertainment Inc)
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 ’s request that the Agent depart or dispense with one or more of the administrative provisions of this Agreement and/or the Borrower's ’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 ’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 ’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 ’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 or any Term Loan Lender pursuant to this Agreement or any Loan Document notwithstanding any termination of this Agreement or suspension or termination of the Agent's ’s and any Revolving Credit Lender's ’s or Term Loan Lender’s respective obligation to make loans and advances hereunder.
Appears in 2 contracts
Samples: Loan and Security Agreement (Gander Mountain Co), Loan and Security Agreement (Gander Mountain Co)
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 ’s request that the Agent depart or dispense with one or more of the administrative provisions of this Agreement and/or the Borrower's ’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 ’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 ’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 ’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 ’s and any Revolving Credit Lender's ’s respective obligation to make loans and advances hereunder.
Appears in 1 contract
Concerning Fees. (a) In addition to any other right to which the Agent Lender is then entitled on account thereof, the Agent Lender may assess an additional fee payable by the Borrower on account of the accommodation by the Agentaccommodation, from time to time, by the Lender of the Borrower's request that the Agent Lender 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 Lender 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 the principal balance of the Loan Account does not exceed Borrowing Base (as required under Section 2.10(b2:2.9(b) hereof).
(B) The providing of a loan or advance under the Revolving Credit or charging of the Loan Account such that an OverAdvance Overloan 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 6:5: hereof.
(ii) The inclusion of the foregoing right on the part of the Agent Lender to assess a fee does not constitute an obligation, on the part of the AgentLender, to waive any provision of this Agreement under any circumstances. The assessment of any such fee in any particular circumstance shall not constitute the AgentLender'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.
Appears in 1 contract
Samples: Loan and Security Agreement (Bakers Footwear Group Inc)
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 Borrowers on account of the accommodation by the Agent, from time to time, of the Borrower's Borrowers’ request that the Agent depart or dispense with one or more of the administrative provisions of this Agreement and/or the Borrower's Borrowers’ 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 Borrowers’ 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 Borrowers’ 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 ’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 Borrowers may rely.
(b) The Borrower Borrowers shall not be entitled to any credit, rebate or repayment of any fee earned by the Agent or any Revolving Credit Lender or any Term Loan Lender pursuant to this Agreement or any Loan Document notwithstanding any termination of this Agreement or suspension or termination of the Agent's ’s and any Revolving Credit Lender's ’s or Term Loan Lender’s respective obligation to make loans and advances hereunder.
Appears in 1 contract
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 Borrowers on account of the accommodation by the Agentaccommodation, from time to time, of by the Borrower's Agent to the Borrowers' request that the Agent depart or dispense with one or more of the administrative provisions of this the within Agreement and/or the Borrower's Borrowers' failure to comply with any of such provisions; provided that the CAN Borrower shall be responsible only for the CAN Debt.
(i) By way of non-exclusive example, the Agent may assess a fee on account of any of the following:
(A) The Borrower's Borrowers' failure to pay that amount which is necessary so that no OverAdvance is outstanding the principal balance of the Loan Account does not exceed the Borrowing Base or the CAN Borrowing Base, as applicable, (as required under Section 2.10(b2-10(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 madethe Borrowing Base or the CAN Borrowing Base, as applicable, would be exceeded.
(C) The foreshortening of any of the time frames with respect to the making of Revolving Credit Loans as set forth in Section 2.52-5(b).
(D) The Lead Borrower's failure to provide a financial statement or report within the applicable time frame provided for such report under Article 6:5 hereof.
(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 the within 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 the within Agreement on account of which such fee was assessed nor a course of action on which the Borrower Borrowers may rely.
(b) The Borrower Borrowers shall not be entitled to any credit, rebate or repayment of any the Commitment Fee, Advisory/Structuring Fee, Line Fee, Early Termination Fee, or other fee previously earned by the Agent or any Revolving Credit Lender pursuant to this Agreement or any Loan Document notwithstanding any termination of this the within Agreement or suspension or termination of the Agent's and any Revolving Credit Lender's respective obligation to make loans and advances hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Sunglass Hut International Inc)
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 Agentaccommodation, from time to time, of by the Agent to 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 the principal balance of the Loan Account does not exceed Borrowing Base (as required under Section 2.10(b2-8(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 madethe Borrowing Base would be exceeded.
(C) The foreshortening of any of the time frames with respect to the making of Revolving Credit Loans as set forth in Section 2.52-4(a).
(D) The Borrower's failure to provide a financial statement or report within the applicable time frame timeframe provided for such report under Article 6:5 hereof.
(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 the Upfront Fee, Line (Unused) Fee, Early Termination Fee, or other fee previously 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.
Appears in 1 contract
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 any Borrower on account of the accommodation by the Agentaccommodation, from time to time, by the Agent of the any Borrower's request that the Agent depart or dispense with one or more of the administrative provisions of this Agreement and/or the any 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 Any Borrower's failure to pay that amount which is necessary so that no OverAdvance OverLoan 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 OverLoan 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 Any Borrower's failure to provide a financial statement or report within the applicable time frame provided for such report under Article 6:5: hereof.
(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 any Borrower may rely.
(b) The No 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.
Appears in 1 contract
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 Borrowers on account of the accommodation by the Agentaccommodation, from time to time, by the Agent of the Lead Borrower's request that the Agent depart or dispense with (whether by waiver, consent, amendment, modification or similar action) one or more of the administrative provisions of this Agreement and/or the any 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 an accommodation with respect to any of the following:
(A) The Borrower's Borrowers' failure to pay that amount which is necessary so that no OverAdvance OverLoan is outstanding (as required under Section 2.10(b2.11(b) hereof).
(B) The providing of a loan or advance under the Revolving Credit or charging of the Loan Account such that an OverAdvance OverLoan 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 Lead Borrower's failure to provide a financial statement or report within the applicable time frame provided for such report under Article 6:5 hereof.
(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 any Loan Party may rely.
(b) The Borrower Loan Parties 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.
Appears in 1 contract
Concerning Fees. (a) In addition to any other right to which the Agent Lender is then entitled on account thereof, the Agent Lender may assess an additional fee payable by the Borrower on account of the accommodation by the Agentaccommodation, from time to time, by the Lender of the Borrower's ’s request that the Agent Lender depart or dispense with one or more of the administrative provisions of this Agreement and/or the Borrower's ’s failure to comply with any of such provisions.
(i) By way of non-exclusive example, the Agent Lender may assess a fee on account of any of the following:
(A) The Borrower's ’s failure to pay that amount which is necessary so that no OverAdvance is outstanding the principal balance of the Loan Account does not exceed Borrowing Base (as required under Section 2.10(b2.9(b) hereof).
(B) The providing of a loan or advance under the Revolving Credit or charging of the Loan Account such that an OverAdvance Overloan 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 ’s failure to provide a financial statement or report within the applicable time frame provided for such report under Article 6:2 — hereof.
(ii) The inclusion of the foregoing right on the part of the Agent Lender to assess a fee does not constitute an obligation, on the part of the AgentLender, 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 Lender’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 ’s obligation to make loans and advances hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Bakers Footwear Group Inc)
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 any Borrower on account of the accommodation by the Agentaccommodation, from time to time, by the Agent of the any Borrower's request that the Agent depart or dispense with one or more of the administrative provisions of this Agreement and/or the any 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 Any Borrower's failure to pay that amount which is necessary so that no OverAdvance OverLoan 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 OverLoan 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 Any Borrower's failure to provide a financial statement or report within the applicable time frame provided for such report under Article 6:5: hereof.
(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 any Borrower may rely.
(b) The No 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 41 -33- termination of the Agent's and any Revolving Credit Lender's respective obligation to make loans and advances hereunder.
Appears in 1 contract
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 Agentaccommodation, from time to time, by the Agent 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, which additional fee shall be reasonable.
(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 OverLoan 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 OverLoan 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:hereof.
(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 pursuant to the terms hereof or suspension or termination pursuant to the terms hereof of the Agent's and any Revolving Credit Lender's respective obligation to make loans and advances hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Hastings Entertainment Inc)
Concerning Fees. (a) In addition to any other right to which the Agent Lender is then entitled on account thereof, the Agent Lender may assess an additional fee payable by the Borrower on account of the accommodation by the Agentaccommodation, from time to time, of by the Lender to the Borrower's request that the Agent Lender 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 Lender 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 the principal balance of the Loan Account does not exceed Borrowing Base (as required under Section 2.10(b2-8(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 madethe Borrowing Base would be exceeded.
(C) The foreshortening of any of the time frames with respect to the making of Revolving Credit Loans as set forth in Section 2.52-4(a).
(D) The Borrower's failure to provide a financial statement or report within the applicable time frame timeframe provided for such report under Article 6:5 hereof.
(ii) The inclusion of the foregoing right on the part of the Agent Lender to assess a fee does not constitute an obligation, on the part of the AgentLender, to waive any provision of this Agreement under any circumstances. The assessment of any such fee in any particular circumstance shall not constitute the AgentLender'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 the Commitment Fee, Facility Fee, Line (Unused) Fee, Early Termination Fee, or other fee previously 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.
Appears in 1 contract
Concerning Fees. (a) In addition to any other right to which the Agent is Lenders are then entitled on account thereof, the Agent may assess assess, for the benefit of the Lenders, an additional fee payable by the Borrower Borrowers on account of the accommodation by the Agentaccommodation, from time to time, by the Agent or the Lenders of the Borrower's Borrowers' 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 Borrowers' failure to comply with any of such provisions.
(i) By way of non-exclusive non‑exclusive example, the Agent may assess a fee on account of any of the following:
(A) The Borrower's Borrowers' failure to pay that amount which is necessary so that no OverAdvance any Overloan is outstanding eliminated (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 which would result in an OverAdvance is madeOverloan.
(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 Borrowers' failure to provide a financial statement or report within the applicable time frame timeframe provided for such report under Article 6:V hereof.
(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 or Lenders' waiver of any breach of this Agreement on account of which such fee was assessed nor a course of action on which the Borrower Borrowers may rely.
(b) The Borrower Borrowers shall not be entitled to any credit, rebate or repayment of any the Revolving Credit Commitment Fee, Agent's Fee, Unused Line Fee, Revolving Credit Early Termination Fee, or other fee earned by the Agent or any Revolving Credit Lender Lenders 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 or Lender's respective obligation to make loans and advances hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Duckwall Alco Stores Inc)