Delayed Draw Term Loan Commitment Fee. The Borrowers shall pay to the Administrative Agent, for the account of each Lender in accordance with its Term Loan Commitment Percentage, a delayed draw term loan commitment fee (the “Delayed Draw Term Loan Commitment Fee”) in Dollars at a rate per annum equal to the product of (i) the Applicable Percentage for such period times (ii) the Delayed Draw Term Loan Commitment of such Lender, subject to adjustment as provided in Section 1.3. The Delayed Draw Term Loan Commitment Fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article V 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 last day of the Availability Period; provided, that (A) no Delayed Draw Term Loan Commitment Fee shall accrue on the Delayed Draw Term Loan Commitment of a Defaulting Lender so long as such Lender shall be a Defaulting Lender and (B) any Delayed Draw Term Loan Commitment Fee accrued with respect to the Delayed Draw Term Loan 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 Borrowers so long as such Lender shall be a Defaulting Lender.
Delayed Draw Term Loan Commitment Fee. Borrower hereby agrees to pay Agent, for the account of each Lender, a commitment fee (the “Delayed Draw Term Loan Commitment Fee”) in an aggregate amount equal to 1.00% of the amount set forth beside such Lender’s name on Schedule C-2 to the Credit Agreement (as amended hereby), which Delayed Draw Term Loan Commitment Fee shall be fully earned, non-refundable and due and payable in full on the Sixth Amendment Effective Date. The Delayed Draw Term Loan Commitment Fee constitutes Obligations and is in addition to any other fees payable by Borrower under the Credit Agreement or any other Loan Document.
Delayed Draw Term Loan Commitment Fee. The Company shall pay to the Administrative Agent, for the account of each Lender in accordance with its Applicable Percentage, a commitment fee (the “Delayed Draw Term Loan Commitment Fee”) in an amount equal to the product of (i) 0.40% per annum times (ii) the actual daily amount of the aggregate Delayed Draw Term Loan Commitments, subject to adjustment as provided in Section 2.15. The Delayed Draw Term Loan Commitment Fee shall accrue at all times commencing October 27, 2019 through the end of the Availability Period, including at any time during which one or more of the conditions in Section 4.03 is not met, and shall be due and payable in arrears and on the earlier of (x) the Harmony Acquisition Closing Date and (y) the last day of the Availability Period.
Delayed Draw Term Loan Commitment Fee. The Borrower shall pay to the Administrative Agent for the ratable account of the Lenders in accordance with their Delayed Draw Term Loan Percentages a commitment fee at a rate per annum equal to the Applicable Margin (computed on the basis of a year of 360 days and the actual number of days elapsed) multiplied by the daily undrawn amount of the aggregate Delayed Draw Term Loan Commitments, commencing on the Closing Date, and continuing through and including the last day of the Delayed Draw Term Loan Availability Period. Such commitment fee shall be payable quarterly in arrears on the last day of each March, June, September, and December in each year (commencing on the first such date occurring after the Closing Date) and on the last day of the Delayed Draw Term Loan Availability Period, unless the Delayed Draw Term Loan Commitments are terminated in whole on an earlier date, in which event the commitment fee for the period to the date of such termination in whole shall be paid on the date of such termination.
Delayed Draw Term Loan Commitment Fee. Commencing on the Closing Date, the Borrower shall pay to the Administrative Agent, for the account of the Lenders with a Delayed Draw Term Loan Commitment, a non-refundable commitment fee at a rate per annum equal to the Applicable Margin on the average daily unused portion of the Delayed Draw Term Loan Commitment. The commitment fee shall be payable in arrears on the last Business Day of each calendar quarter during the period commencing on the Closing Date and ending on the earlier to occur of (A) the Initial Delayed Draw Term Loan Funding Date and (B) the Delayed Draw Funding Deadline. Such commitment fee shall be distributed by the Administrative Agent to the Lenders with a Delayed Draw Term Loan Commitment pro rata in accordance with such Lenders' respective Delayed Draw Term Loan Percentages.
Delayed Draw Term Loan Commitment Fee. From and after the date that is the earlier of (i) May 15, 2010 or (ii) the date that the conditions precedent set forth in Section 5.2 hereof and the initial Borrowing of the Revolving Loans is made, and until the Stated Maturity Date, a nonrefundable fee with respect to the Delayed Draw Term Loans (the “Delayed Draw Term Loan Commitment Fee”) in the amount of one percent (1.00%) per annum of the aggregate amount of the then existing respective Delayed Draw Term Loan Commitment Amounts shall accrue on the average daily amount of respective Delayed Draw Term Loan Commitment Amounts not advanced. The Delayed Draw Term Loan Commitment Fee shall be payable in arrears to the Lenders on each Quarterly Payment Date in proportion to such Lenders’ respective then existing Delayed Draw Term Loan Commitment Amount.
Delayed Draw Term Loan Commitment Fee. The Borrower shall pay to the Administrative Agent, for the account of each Delayed Draw Term Lender, as fee compensation for such Term Lender’s Delayed Draw Term Loan Commitment, a commitment fee (the “Delayed Draw Term Loan Commitment Fee”) on the Delayed Draw Term Loan Commitment (whether or not then available) of such Term Lender accruing, during the period commencing from the Closing Date to the Delayed Draw Funding Date, at a rate per annum equal to the 1.00%, payable to such Term Lender from the proceeds of its Delayed Draw Term Loan on the Delayed Draw Funding Date. Such Delayed Draw Term Loan Commitment Fee will be in all respects fully earned, due and payable upon the funding of the Delayed Draw Term Loans, and shall be non-refundable and non-creditable thereafter.
Delayed Draw Term Loan Commitment Fee. The Borrower shall pay to the Administrative Agent, for the ratable account of the Lenders according to their Delayed Draw Term Loan Percentages, a commitment fee (the “Delayed Draw Term Loan Commitment Fee”) in an amount equal to the aggregate undrawn Delayed Draw Term Loan Commitment multiplied by three quarters of one percent (0.75%) per annum. The Delayed Draw Term Loan Commitment Fee provided in this subsection 2.13(e) shall be payable monthly in arrears on the first day of each calendar month (commencing on the first such date occurring after the Second Amendment Effective Date) at all times from and after the Second Amendment Effective Date until the Delayed Draw Term Loan Commitment Termination Date.”
(i) Section 3 of the Credit Agreement is hereby amended by adding the following Section 3.3 thereto:
Delayed Draw Term Loan Commitment Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender having a Delayed Draw Term Loan Commitment in accordance with its pro rata share of the Delayed Draw Term Loan Commitment, a commitment fee in Dollars per annum equal to the product of (i) (A) for the period from the First Amendment Effective Date through February 28, 2005, 0.25%, (B) for the period from March 1, 2005 through April 30, 2005, 0.50%, and (C) for the period from May 1, 2005 through June 30, 2005, 1.00%, times (ii) the aggregate amount of the Delayed Draw Term Loan Commitments of the Lenders. The commitment fee shall accrue at all times during the Availability Period with respect to the Delayed Draw Term Loan Commitments, including at any time during which one or more of the conditions in Article V is not met, and shall be calculated for the applicable period and due and payable quarterly in arrears on March 31, 2005 and June 30, 2005 and upon termination of the Delayed Draw Term Loan Commitments pursuant to Section 2.07(f) or the date that the portion of the Term Loan available under the Delayed Draw Term Loan Commitments has been funded to the Borrower.
(bb) Section 3.05(d) is hereby amended to read as follows:
Delayed Draw Term Loan Commitment Fee. On or prior to the Second Amendment Effective Date, Borrowers shall pay to Lender a fully-earned, non-refundable Delayed Draw Term Loan Commitment fee in the amount of Twenty-Five Thousand and no/100 Dollars ($25,000.00).
