Common use of Delayed Draw Term Loan Commitment Fee Clause in Contracts

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. The Borrowers With respect to the Delayed Draw Term Commitments, the Parent Borrower shall pay to the Administrative Agent, Agent for the account of each Delayed Draw Term Lender in accordance with its Term Loan Commitment PercentagePro Rata Share, 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) from the Applicable Percentage for such period times Closing Date through and including June 30, 2012, 1.00%, (ii) from and including July 1, 2012 through and including August 15, 2012, 1.875%, and (iii) from and including August 16, 2012 to but excluding the Delayed Draw Term Loan Commitment Expiration Date, 4.75%, in each case, per annum times the actual daily amount of such Lender, subject to adjustment as provided in Section 1.3. The the outstanding Delayed Draw Term Loan Commitment Fee Commitments during such period; provided that such fee shall cease to accrue at all times during following the Availability Period, including at termination of 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 Periodcommitments; provided, further, 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 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 Parent Borrower so long as such Lender shall be a Defaulting Lender except to the extent that such commitment fee shall otherwise have been due and payable by the Parent Borrower prior to such time; and provided, further, that no 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 commitment fees for the Delayed Draw Term Commitments shall accrue at all times from the Closing Date until the Delayed Draw Term Commitment Expiration Date, and shall be due and payable quarterly in arrears on the last Business Day of each June and September, commencing with the first such date to occur after the Closing Date, on the Delayed Draw Term Commitment Expiration Date and upon any termination of the Delayed Draw Term Commitments. Such commitment fee shall be calculated quarterly in arrears.

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 0.55% 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. The Borrowers shall pay to the Administrative Agent, for the account of each Lender in accordance with its Delayed Draw 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 after February 2, 2015 through and including the last day of the Availability Period, including at any time during which one or more of the conditions in Article V Section 5 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 DateMarch 31, 2015, 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. The Borrowers With respect to the Delayed Draw Term Commitments, the Borrower shall pay to the Administrative Agent, Agent for the account of each Delayed Draw Term Lender in accordance with its Term Loan Commitment PercentagePro Rata Share, a delayed draw term loan commitment fee (equal to 1.00% per annum times the “actual daily amount by which the aggregate Delayed Draw Term Loan Commitment Fee”) in Dollars at a rate per annum equal Commitments exceeds the Outstanding Amount of Delayed Draw Term Loans; provided that any commitment fee accrued with respect to the product of (i) the Applicable Percentage for such period times (ii) the Delayed Draw Term Loan Commitment of a Defaulting Lender during the period prior to the time such Lender, subject Lender became a Defaulting Lender and unpaid at such time shall not be payable by the Borrower so long as such Lender shall be a Defaulting Lender except to adjustment as the extent that such commitment fee shall otherwise have been due and payable by the Borrower prior to such time; and provided in Section 1.3. The further that no commitment fee shall accrue on the Delayed Draw Term Loan Commitment Fee of a Defaulting Lender so long as such Lender shall be a Defaulting Lender. The commitment fees for the Delayed Draw Term Commitments shall accrue at all times during from the Availability PeriodClosing Date until the Delayed Draw Term Commitment Expiration Date, including at any time during which one or more of the conditions in Article V IV 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 Expiration Date. The commitment fee 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 Lendercalculated quarterly in arrears.