Facility Letter of Credit Fee. The Borrower agrees to pay to the Agent, for the account of each Bank, in the case of each Letter of Credit issued as, or converted to (for transactions which convert Letters of Credit in existence on the Closing Date to Facility Letters of Credit pursuant to Section 3.10), a Facility Letter of Credit, a facility letter of credit fee (the "Facility Letter of Credit Fee") payable quarterly in arrears equal to the applicable Facility Letter of Credit Fee Percentage of the average amount available to be drawn under such Letter of Credit during the quarter then ending multiplied by the actual number of days during such quarter on which such Letter of Credit was outstanding, divided by 360 but no less than $500.00 per Facility Letter of Credit per year. The Borrower shall also pay to the Agent in the event of any extension or modification of a Facility Letter of Credit which extends the expiration date or increases the maximum amount available for drawing thereunder an additional fee calculated and payable on the same basis as that set forth in the first sentence of this Section 3.9(a) with respect to any such extension or additional amount. Whenever an Issuing Bank receives a payment from the Borrower with respect to any fees incurred in connection with any Facility Letter of Credit issued by such Issuing Bank, such Issuing Bank shall promptly remit to the Agent, and the Agent shall promptly remit to each Bank which has funded its participation in such Facility Letter of Credit, in Dollars and in same day funds, an amount equal to such Bank's Pro Rata Percentage of such fees.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Southern Union Co), Revolving Credit Agreement (Southern Union Co)
Facility Letter of Credit Fee. The Borrower agrees to pay to the Agent, for the account of each Bank, in the case of each Letter of Credit issued as, or converted to (for transactions which convert Letters of Credit in existence on the Closing Date to Facility Letters of Credit pursuant to Section 3.10), a Facility Letter of Credit, a facility letter of credit fee (the "“Facility Letter of Credit Fee"”) payable quarterly in arrears equal to the applicable Facility Letter of Credit Fee Percentage of the average amount available to be drawn under such Letter of Credit during the quarter then ending multiplied by the actual number of days during such quarter on which such Letter of Credit was outstanding, divided by 360 but no less than $500.00 per Facility Letter of Credit per year. The Borrower shall also pay to the Agent in the event of any extension or modification of a Facility Letter of Credit which extends the expiration date or increases the maximum amount available for drawing thereunder an additional fee calculated and payable on the same basis as that set forth in the first sentence of this Section 3.9(a) with respect to any such extension or additional amount. Whenever an Issuing Bank receives a payment from the Borrower with respect to any fees incurred in connection with any Facility Letter of Credit issued by such Issuing Bank, such Issuing Bank shall promptly remit to the Agent, and the Agent shall promptly remit to each Bank which has funded its participation in such Facility Letter of Credit, in Dollars and in same day funds, an amount equal to such Bank's Pro Rata Percentage of such fees.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Southern Union Co), Revolving Credit Agreement (Southern Union Co)
Facility Letter of Credit Fee. The Borrower agrees to pay (i) to the Agent, for the account of each Bank, in the case of each Letter of Credit issued as, or converted to (for transactions which convert Letters of Credit in existence on the Closing Date to Facility Letters of Credit pursuant to Section 3.103.11), a Facility Letter of Credit, a facility letter of credit fee (the "“Facility Letter of Credit Fee"”) payable quarterly in arrears equal to the Applicable Margin applicable Facility Letter of Credit Fee Percentage of to Eurodollar Rate Loans on the average amount available to be drawn under such Letter of Credit during the quarter then ending multiplied by the actual number of days during such quarter on which such Letter of Credit was outstanding, divided by 360 but no less than $500.00 500 per Facility Letter of Credit per yearyear and (ii) to the Issuing Bank a fronting fee, which shall accrue at the rate of 0.125% per annum on the average amount available to be drawn under such Letter of Credit during the quarter then ending multiplied by the actual number of days during such quarter on which such Letter of Credit was outstanding, divided by 360 during the period from and including the Closing Date to but excluding the later of the date of the termination of the Commitments and the date on which there ceases to be any Letters of Credit outstanding. The Borrower shall also pay to the Agent in the event of any extension or modification of a Facility Letter of Credit which extends the expiration date or increases the maximum amount available for drawing thereunder an additional fee calculated and payable on the same basis as that set forth in the first sentence of this Section 3.9(a3.09(a) with respect to any such extension or additional amount. Whenever an the Issuing Bank receives a payment from the Borrower with respect to any fees incurred in connection with any Facility Letter of Credit issued by such Issuing BankCredit, such the Issuing Bank shall promptly remit to the Agent, and the Agent shall promptly remit to each Bank which has funded its participation in such Facility Letter of Credit, in Dollars and in same day funds, an amount equal to such Bank's ’s Pro Rata Percentage of such fees.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Southern Union Co), Revolving Credit Agreement (Southern Union Co)
Facility Letter of Credit Fee. The Borrower ----------------------------- agrees to pay to the Agent, for the account of each Bank, in the case of each Letter of Credit issued as, or converted to (for transactions which convert Letters of Credit in existence on the Closing Date to Facility Letters of Credit pursuant to Section 3.10), a Facility Letter of Credit, a facility letter of credit fee (the "Facility Letter of Credit Fee") payable quarterly in arrears equal to the applicable Facility Letter of Credit Fee Percentage of the average amount available to be drawn under such Letter of Credit during the quarter then ending multiplied by the actual number of days during such quarter on which such Letter of Credit was outstanding, divided by 360 but no less than $500.00 per Facility Letter of Credit per year. The Borrower shall also pay to the Agent in the event of any extension or modification of a Facility Letter of Credit which extends the expiration date or increases the maximum amount available for drawing thereunder an additional fee calculated and payable on the same basis as that set forth in the first sentence of this Section 3.9(a) with respect to any such extension or additional amount. Whenever an Issuing Bank receives a payment from the Borrower with respect to any fees incurred in connection with any Facility Letter of Credit issued by such Issuing Bank, such Issuing Bank shall promptly remit to the Agent, and the Agent shall promptly remit to each Bank which has funded its participation in such Facility Letter of Credit, in Dollars and in same day funds, an amount equal to such Bank's Pro Rata Percentage of such fees.
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Facility Letter of Credit Fee. The Borrower agrees to pay to the Agent, for the account of each BankBank quarterly, in the case of each a Letter of Credit issued as, or converted to (for transactions which convert Letters of Credit in existence on the Closing Date to Facility Letters of Credit pursuant to Section 3.10), as a Facility Letter of Credit, a facility letter of credit fee (the "Facility Letter of Credit Fee")
(i) payable quarterly as to Facility Letters of Credit which expire on the last day of the quarter or later, in arrears equal the amount of one-quarter of one percent (1/4%) of the aggregate face amount of any such Facility Letters of Credit; and (ii) as to Facility Letters of Credit which expire prior to the applicable last day of the quarter, in the amount of one-quarter of one percent (1/4%) of the face amount of each such Facility Letter of Credit multiplied by a fraction, the numerator of which is the actual number of days in such quarter prior to expiration of such Facility Letter of Credit and the denominator of which is the actual number of days in the quarter; provided, however, notwithstanding the foregoing, as to each Facility Letter of Credit with an outstanding face amount less than an amount that would generate at least a $300.00 per annum Facility Letter of Credit Fee, a minimum Facility Letter of Credit Fee Percentage in the amount of $300.00 shall be payable in advance on the day of the average amount available to be drawn under issuance of such Facility Letter of Credit during the quarter then ending multiplied by the actual number of days during such quarter on which such Letter of Credit was outstandingCredit, divided by 360 but and no less than $500.00 per additional Facility Letter of Credit per yearFee on any such Facility Letter of Credit shall be required for the three subsequent quarters. The Borrower shall also pay to the Agent Bank in the event of any extension or modification of a Facility Letter of Credit which extends the expiration date or increases the maximum amount available for drawing thereunder an additional fee calculated and payable on the same basis as that set forth in the first sentence of this Section 3.9(a) with respect to any such extension or additional amount. Whenever an Issuing Bank receives a payment from the Borrower with respect to any fees incurred in connection with any Facility Letter of Credit issued by such Issuing Bank, such Issuing Bank shall promptly remit to the Agent, and the Agent shall promptly remit to each Bank which has funded its participation in such Facility Letter of Credit, in Dollars and in same day funds, an amount equal to such Bank's Pro Rata Percentage of such fees.
Appears in 1 contract
Samples: Credit Agreement (Fm Properties Inc)