Facility Fee; Utilization Fee Clause Samples

Facility Fee; Utilization Fee. (a) The Borrower agrees to pay to the Administrative Agent for the account of the Banks a fee (the "Facility Fee") on the Total Commitment equal to the Applicable Facility Rate multiplied by the Total Commitment. The Facility Fee shall be payable for the period from and after the Effective Date quarterly in arrears on the first day of each calendar quarter for the immediately preceding calendar quarter commencing on October 1, 1998 with a final payment on the Maturity Date (or on the date of termination in full of the Total Commitment, if earlier). The Facility Fee shall be distributed pro rata among the Banks in accordance with each Bank's Commitment Percentage. (b) In the event that the average outstanding amount of the Loans PLUS the average Maximum Drawing Amount of the Letters of Credit and unpaid Reimbursement Obligations in any calendar quarter (collectively, the "Average Quarterly Utilization Amount") exceeds fifty percent (50%) of the Total Commitment in effect during such calendar quarter, the Borrower agrees to pay to the Administrative Agent for the account of the Banks a fee (the "Utilization Fee") equal to 0.10% per annum on the Average Quarterly Utilization Amount. If applicable, the Utilization Fee shall be payable quarterly in arrears on the first day of each calendar quarter for the immediate preceding calendar quarter (or such lesser period of time as has elapsed since the Effective Date), commencing October 1, 1998 with a final payment on the Maturity Date (or on the date of termination in full of the Total Commitment if earlier). The Utilization Fee shall be distributed PRO RATA among the Banks in accordance with each Bank's Commitment Percentage.

Facility Fee; Utilization Fee. The Borrower agrees to pay to the Administrative Agent for the account of each Lender (a) a facility fee at a per annum rate equal to the Facility Fee Rate on such Lender’s Commitment (regardless of usage) from the date hereof to but excluding the Facility Termination Date, payable on each Payment Date and on the Facility Termination Date and, if applicable, thereafter on demand and (b) a utilization fee at a rate per annum equal to the Utilization Fee Rate on such Lender’s Outstanding Credit Exposure for any date on which the Aggregate Outstanding Credit Exposure exceeds 50% of the Aggregate Commitment such utilization fee to be payable on each Payment Date, on the Facility Termination Date and, if applicable, thereafter on demand.

Facility Fee; Utilization Fee. The Borrower agrees to pay to the Administrative Agent for the account of each Lender (a) a facility fee at a per annum rate equal to (i) the Facility Fee Rate on such Lender's Commitment (regardless of usage) from the date hereof to but excluding the Facility Termination Date, payable on each Payment Date and on the Facility Termination Date or (ii) if the Borrower exercises the Term-Out Option or the Commitments terminate prior to the scheduled Facility Termination Date, the Facility Fee Rate on such Lender's Outstanding Credit Exposure from the Facility Termination Date to but excluding the Maturity Date, payable on each Payment Date following the Facility Termination Date, on the Maturity Date and, if applicable, thereafter on demand; and (b) a utilization fee at a rate per annum equal to the Utilization Fee Rate on such Lender's Outstanding Credit Exposure, (i) for any date prior to the Facility Termination Date on which the Aggregate Outstanding Credit Exposure exceeds 33-1/3% of the Aggregate Commitment and (ii) for each date on (unless all Obligations are paid in full on the Facility Termination Date) or after the Facility Termination Date until all Obligations are paid in full, such utilization fee to be payable on each Payment Date, on the Maturity Date and thereafter on demand.

Facility Fee; Utilization Fee. (a) The Borrower agrees to pay to the Administrative Agent, for the account of the Lenders in accordance with their respective Commitment Percentages, a facility fee (the “Facility Fee”) calculated daily on the Total Commitment in effect on such date at the per annum rate equal to that amount set forth on Schedule 1.2 in the row headed “Facility Fee” beneath the column for the Debt Rating in effect for such date. The amount of the Facility Fee shall be payable quarterly in arrears on the last Business Day of each March, June, September and December and on the Maturity Date for the calendar quarter, or portion thereof, then ended. (b) The Borrower agrees to pay to the Administrative Agent, for the account of the Lenders in accordance with their respective Commitment Percentages, a utilization fee (the “Utilization Fee”) calculated daily on the Utilization Amount at the per annum rate equal to one tenth of one percent (0.10%) for each day on which the Utilization Amount exceeds one-half of the Total Commitment in effect on such date. The amount of such Utilization Fee shall be payable quarterly in arrears on the last day of each March, June, September and December and on the Maturity Date for the calendar quarter of the Borrower, or portion thereof, then ended.

Facility Fee; Utilization Fee. (a) The Borrower shall pay to the Administrative Agent for the account of the Banks ratably in proportion to their Commitments a facility fee at the Facility Fee Rate. Such facility fee shall accrue (i) from and including the date of receipt by the Administrative Agent of counterparts of this Agreement duly executed by all the parties hereto to but excluding the Termination Date (or earlier date of termination of the Commitments in their entirety), on the daily aggregate amount of the Commitments (whether used or unused) and (ii) from and including the Termination Date or such earlier date of termination to but excluding the date the Loans shall be repaid in their entirety, on the daily aggregate outstanding principal amount of the Loans. Accrued fees under this Section shall be payable quarterly in arrears on each March 31, June 30, September 30 and December 31, and upon the date of termination of the Commitments in their entirety (and, if later, the date the Loans shall be repaid in their entirety). (b) The Borrower shall pay to the Administrative Agent for the account of the Banks ratably in proportion to their Commitments a utilization fee equal to 0.10% per annum on the outstanding Loans for each day on which the Loans outstanding exceed 50% of the aggregate Commitments on such day (or, if such day is after the Termination Date (or earlier date of termination of the Commitments in their entirety), the aggregate Commitments on the Termination Date) or such earlier date of termination.

Facility Fee; Utilization Fee. (a) The Borrower agrees to pay to the Administrative Agent for the account of each Lender a facility fee for the period from and including the Fee Commencement Date to the Termination Date, computed at the Facility Fee Rate on the average daily amount of the Revolving Credit Commitment of such Lender (regardless of usage) during the period for which payment is made, payable quarterly in arrears on the last day of each March, June, September and December and on the Termination Date or such earlier date on which the Revolving Credit Commitments shall terminate as provided herein, commencing on the first of such dates to occur after the date hereof. (b) Excess Utilization Day during the period for which payment is made, payable quarterly in arrears on the last day of each March, June, September and December and on the Termination Date or such earlier date on which the Revolving Credit Commitments shall terminate as provided herein, commencing on the first of such dates to occur after the date hereof.

Facility Fee; Utilization Fee. The Borrower agrees to pay to the Administrative Agent for the account of each Lender (a) a facility fee at a per annum rate equal to the Facility Fee Rate on such Lender's Commitment (regardless of usage) from the date hereof to and including the Facility Termination Date, payable on each Payment Date hereafter and on the Facility Termination Date, and (b) for any date on which the aggregate amount of outstanding Loans exceeds 33% of the Aggregate Commitment, a utilization fee at a per annum rate equal to the Utilization Fee Rate on such Lender's outstanding Loans, payable on each Payment Date hereafter, on the Facility Termination Date and, if applicable, thereafter on demand.

Facility Fee; Utilization Fee. (i) The Borrower agrees to pay to the Lender a facility fee (the “Facility Fee”) calculated daily on the Commitment Amount in effect on such date at the per annum rate equal to that amount set forth on Schedule II in the row headed “Facility Fee” beneath the column for the Debt Rating in effect for such date. The accrued and unpaid amount of the Facility Fee shall be due and payable in arrears on the Maturity Date. (ii) The Borrower agrees to pay to the Lender a utilization fee (the “Utilization Fee”) calculated daily on the principal amount of Loans outstanding on each day (the “Utilization Amount”) at the per annum rate equal to one tenth of one percent (0.10%) for each day on which the Utilization Amount exceeds $52,500,000. The accrued and unpaid amount of such Utilization Fee shall be due and payable in arrears on the Maturity Date.

Facility Fee; Utilization Fee. (a) The Borrower agrees to pay to the Agent for the account of each Lender a facility fee at a per annum rate equal to the Facility Fee Rate on the average daily amount of such Lender's Commitment (whether used or unused) from the date hereof to and including the Final Termination Date (and, if any Loans or Facility LCs remain outstanding after the Final Termination Date, thereafter on the unpaid amount of such Lender's Outstanding Credit Exposure), payable on each Payment Date and on the Final Termination Date (and thereafter, if applicable, on demand). (b) The Borrower agrees to pay to the Agent for the account of each Lender a utilization fee at a per annum rate equal to 0.10% on the Aggregate Outstanding Credit Exposure for each day on which the Aggregate Outstanding Credit Exposure exceeds 50% of the Aggregate Commitment, payable on each Payment Date and on the Final Termination Date.