Common use of Delayed Draw Commitment Fee Clause in Contracts

Delayed Draw Commitment Fee. The Company shall pay to the Administrative Agent for the account of each Term Lender with a Delayed Draw Term Commitment in accordance with its Pro Rata Share, a commitment fee (each, a “Delayed Draw Commitment Fee” and, collectively, the “Delayed Draw Commitment Fees”) equal to 0.50% per annum times the actual daily amount of the aggregate unused Delayed Draw Term Commitments; provided that any Delayed Draw Commitment Fee accrued with respect to the Delayed Draw Term Commitment of a Defaulting Lender during the period prior to the time such Lender became a Defaulting Lender and unpaid at such time shall not be payable by the Company so long as such Lender shall be a Defaulting Lender except to the extent that such Delayed Draw Commitment Fee shall otherwise have been due and payable by the Company prior to such time; and provided further that no Delayed Draw Commitment Fee shall accrue on the Delayed Draw Term Commitment of a Defaulting Lender so long as such Lender shall be a Defaulting Lender. The Delayed Draw Commitment Fees shall accrue at all times from the date hereof until the Delayed Draw Termination Date, including at any time during which one or more of the conditions in Article 4 is not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the Delayed Draw Termination Date.

Delayed Draw Commitment Fee. The Company shall Borrower hereby agrees to pay to the Administrative Agent for the account of each Term Incremental Lender with having a Delayed Draw Incremental Term Commitment in accordance with its Pro Rata Share, a commitment fee (each, a the “Delayed Draw Commitment Fee” and”), collectivelywhich shall accrue during the period from and including the Delayed Draw Incremental Closing Date to but excluding the earliest of (x) the date of borrowing of the Delayed Draw Incremental Term Loans (such date, the “Delayed Draw Funding Date”), (y) the Delayed Draw Termination Date and (z) the date on which the Delayed Draw Incremental Term Commitments are otherwise terminated or reduced to zero (the earliest of (x), (y) and (z), the “Commitment FeesFee Termination Date”) equal to 0.50% per annum times ), on the actual average daily unused amount of the aggregate unused Delayed Draw Incremental Term Commitments; provided that any Delayed Draw Commitment Fee accrued with of such Incremental Lender at a rate per annum equal to the Applicable Rate in respect of the Tranche B Term Loans applicable to Eurodollar Loans multiplied by (a) 0% for the period from and including the Delayed Draw Term Commitment of a Defaulting Lender during Incremental Closing Date up to and including the 30th day after the Delayed Draw Incremental Closing Date , (b) 50% for the period prior from and including the 31st day after the Delayed Draw Incremental Closing Date up to and including the time such Lender became a Defaulting Lender 60th day after the Delayed Draw Incremental Closing Date and unpaid at such time shall not be payable by the Company so long as such Lender shall be a Defaulting Lender except to the extent that such (c) 100% thereafter. The Delayed Draw Commitment Fee shall otherwise have been due be computed on the basis of a year of 360 days and shall be payable by for the Company prior to such time; and provided further that no actual number of days elapsed (including the first day but excluding the last day). The Delayed Draw Commitment Fee shall accrue be earned and payable in full on the Delayed Draw Term Commitment of a Defaulting Lender so long as such Lender shall be a Defaulting Lender. The Delayed Draw Commitment Fees shall accrue at all times from the date hereof until the Delayed Draw Termination Date, including at any time during which one or more of the conditions in Article 4 is not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the Delayed Draw Fee Termination Date.

Delayed Draw Commitment Fee. The Company PR Borrower shall pay to the Administrative Agent for the account of each Term Lender with a Delayed Draw Term Commitment in accordance with its Pro Rata Share, a commitment fee (each, a “Delayed Draw Commitment Fee” and, collectively, the “Delayed Draw Commitment Fees”) equal to 0.501.375% per annum times the actual daily amount of the aggregate unused Delayed Draw Term Commitments; provided that any Delayed Draw Commitment Fee accrued with respect to the Delayed Draw Term Commitment of a Defaulting Lender during the period prior to the time such Lender became a Defaulting Lender and unpaid at such time shall not be payable by the Company PR Borrower so long as such Lender shall be a Defaulting Lender except to the extent that such Delayed Draw Commitment Fee shall otherwise have been due and payable by the Company PR Borrower prior to such time; and provided further that no Delayed Draw Commitment Fee shall accrue on the Delayed Draw Term Commitment of a Defaulting Lender so long as such Lender shall be a Defaulting Lender. The Delayed Draw Commitment Fees in respect of any Class of Delayed Draw Term Commitments shall accrue at all times from the date hereof until the earlier of (i) the making of Delayed Draw Term Loans pursuant to the Delayed Draw Term Commitments of such Class and (ii) the Dovonex Delayed Draw Termination Date or the Dovobet Delayed Draw Termination Date, as applicable, including at any time during which one or more of the applicable conditions in Article 4 is not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the each applicable Delayed Draw Termination Date.

Delayed Draw Commitment Fee. The Company PR Borrower shall pay to the Administrative Agent for the account of each Term Lender with a Delayed Draw Term Commitment Lender in accordance with its Pro Rata Share, a commitment fee (each, a “Delayed Draw Commitment Fee” and, collectively, the “Delayed Draw Commitment Fees”) equal to 0.50% per annum the Applicable Rate times the actual daily amount of the aggregate unused Delayed Draw Term Commitments; provided that any Delayed Draw Commitment Fee accrued with respect to the Delayed Draw Term Commitment of a Defaulting Lender during the period prior to the time such Lender became a Defaulting Lender and unpaid at such time shall not be payable by the Company such Borrower so long as such Lender shall be a Defaulting Lender except to the extent that such Delayed Draw Commitment Fee shall otherwise have been due and payable by the Company such Borrower prior to such time; and provided further that no Delayed Draw Commitment Fee shall accrue on the Delayed Draw Term Commitment of a Defaulting Lender so long as such Lender shall be a Defaulting Lender. The Delayed Draw Commitment Fees shall accrue at all times from the date hereof Closing Date until the Delayed Draw Termination Date, as applicable, including at any time during which one or more of the applicable conditions in Article 4 is not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the Delayed Draw Termination Date.