Common use of Facility Fee; Utilization Fee Clause in Contracts

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. Reductions in Aggregate Commitment. ----------------------------------------------------------------- The Borrower agrees to pay to the Administrative Agent for the account of each Lender (a) according to its Pro Rata Share a facility fee at a per annum rate equal to (i) the Applicable Facility Fee Rate on such Lender's Commitment (regardless of usage) from the date hereof to but excluding and including the Facility Termination Date, payable on each Payment Date hereafter and on the Facility Termination Date. The Borrower also agrees to pay to the Agent for the account of each Lender according to its Pro Rata Share a utilization fee for each day from the date hereof to and including the later of the Facility Termination Date and the date all Credit Extensions are paid in full and all Commitments are terminated, such utilization fee to be equal to the Applicable Utilization Fee Rate for such day multiplied by the Aggregate Outstanding Credit Exposure on such day, payable on each Payment Date and on the Facility Termination Date Date. The Borrower may permanently reduce the Aggregate Commitment in whole, or in part ratably among the Lenders in integral multiples of $10,000,000, upon at least three (ii3) if the Borrower exercises the Term-Out Option or the Commitments terminate prior Business Days' written notice to the scheduled Facility Termination DateAgent, which notice shall specify the Facility Fee Rate on amount of any such Lender's Outstanding Credit Exposure from reduction, provided, however, that the Facility Termination Date to but excluding amount of 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 Aggregate Commitment may not be reduced below the Aggregate Outstanding Credit Exposure exceeds 33-1/3% of the Aggregate Commitment Exposure. All accrued facility 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 fees shall be payable on each Payment Date, on the Maturity Date and thereafter on demandeffective date of any termination of the obligations of the Lenders to make Credit Extensions hereunder.