Common use of Fees and Other Costs and Expenses Clause in Contracts

Fees and Other Costs and Expenses. (a) Each Purchaser Agent shall receive from the Seller for the ratable benefit of its Purchaser Group such amounts as agreed to with the Purchaser in the Fee Letter for such Purchaser Group. (b) If with respect to any Investment of any Purchaser Group, the amount of such Purchaser Group’s Investment allocated to any CP or Eurodollar Tranche is reduced before the last day of its Tranche Period, or if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each Purchaser in the applicable Purchaser Group that had its Investment so reduced or scheduled Purchase not made. (c) Investment shall be payable solely from the Sold Interest in Collections and from amounts payable under Sections 1.5 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables), it being the intention of the parties that the Purchasers do not have recourse against the Seller for loss of Investment due solely to Obligor credit risk beyond the Sold Interest in the Receivables. The Seller shall pay, as a full recourse obligation, all other amounts payable hereunder, including, without limitation, all Discount, fees described in clauses (a) and (b) above and amounts payable under Article VI.

Fees and Other Costs and Expenses. (a) Each The Seller shall pay to each Purchaser Agent shall receive from the Seller for the ratable benefit of its Purchaser Group Group, such amounts as agreed to with the Purchaser Seller in the Fee Letter for such Purchaser Group. (b) If (i) with respect to any Investment of any Purchaser GroupConduit Purchaser, the amount of such Purchaser GroupConduit Purchaser’s Investment is reduced on any date other than the last day of a CP Tranche Period, (ii) the amount of Investment allocated to any CP or Eurodollar Tranche is reduced before the last day of its Tranche Period, Period or (iii) if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each Purchaser in the applicable Purchaser Group that had its Investment so reduced or scheduled Purchase not made. (c) Investment shall be payable solely from the Sold Interest in Collections and from amounts payable under Sections 1.5 1.5, 1.7 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables), it being the intention of the parties that the Purchasers do not have recourse against the Seller for loss of Investment due solely to Obligor credit risk beyond the Sold Interest in the Receivables. The Seller shall pay, as a full recourse obligation, all amounts payable pursuant to Sections 1.5, 1.7 and 6.1 and all other amounts payable hereunderhereunder (other than Investment), including, without limitation, all Discount, CP Funding Cost, fees described in clauses (a) and (b) above and amounts payable under Article VI.

Fees and Other Costs and Expenses. (a) Each Purchaser The Seller shall pay to the Agent shall receive from the Seller for the ratable benefit of its Purchaser Group the Committed Purchasers, such amounts as agreed to with the Purchaser Committed Purchasers and the Agent in the Fee Letter for such Purchaser GroupLetter. (b) If with respect to any Investment of any Purchaser Group, (i) the amount of such Purchaser Groupthe Conduit’s Investment is reduced (other than as a result of a Put) on any date other than the last day of a CP Tranche, (ii) the amount of Investment allocated to any CP or Eurodollar Tranche is reduced before on any day other than the last day of its Tranche Period, Period or (iii) if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each Purchaser in the applicable Purchaser Group that had its Investment so reduced or scheduled Purchase not made. (c) Investment Investment, Discount and Funding Charges are not recourse obligations of the Seller and shall be payable solely from the Sold Interest in Collections and from amounts payable under Sections 1.5 1.5, 1.7 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables), it being the intention of the parties that the Purchasers do not have recourse against the Seller for loss of Investment due solely to Obligor credit risk beyond the Sold Interest in the Receivables. The Seller shall pay, as a full recourse obligation, all other amounts payable hereunder. (d) Notwithstanding anything in this Agreement to the contrary, including, without limitation, all Discount, fees described in clauses (a) no event will the Funding Charges or Discount charged and (b) above and amounts payable under Article VIhereunder exceed any maximum interest rate imposed by applicable law or regulation.

Fees and Other Costs and Expenses. (a) Each Purchaser The Seller shall pay to the Agent shall receive from the Seller for the ratable benefit of its Purchaser Group such amounts as agreed to with the Purchaser Seller in the Fee Letter for such Purchaser GroupLetter. (b) The Seller shall pay to the Agent for the account of each Purchaser a non-use fee computed at the Non-Use Fee Rate on the average daily unused portion of such Purchaser’s Purchase Limit. Such non-use fee shall accrue from the Closing Date to the Termination Date and shall be due and payable for each Discount Period in arrears on the Bi-Monthly Settlement Date of each month and on the Termination Date. (c) The Seller shall pay to the Agent for the account of each Purchaser a facility fee computed at the Facility Fee Rate of such Purchaser’s Purchase Limit on each anniversary of the Closing Date on or prior to the Termination Date. (d) If with respect to any the amount of Investment of any Purchaser Group, the amount of such Purchaser Group’s Investment allocated to any CP or Eurodollar Tranche is reduced before the last day of its Tranche Period, or if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each Purchaser in the applicable Purchaser Group that had its Investment so reduced or scheduled Purchase not madePurchaser. (ce) Investment shall be payable solely from the Sold Interest in Collections and from amounts payable under Sections 1.5 1.4, 1.6 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables), it being the intention of the parties that the Purchasers do not have recourse against the Seller for loss of Investment due solely to Obligor credit risk beyond the Sold Interest in the Receivables. The Seller shall pay, as a full recourse obligation, all other amounts payable hereunderhereunder and under the Fee Letter, including, without limitation, including all Discount, fees described in clauses (a), (b), (c) and (bd) above and amounts payable under Article VI.

Fees and Other Costs and Expenses. (a) Each The Seller shall pay to each Purchaser Agent shall receive from the Seller for the ratable benefit of its Purchaser Group Group, such amounts as agreed to with the Purchaser Seller in the Fee Letter for such Purchaser Group. (b) If with respect to any the amount of Investment of any Purchaser Group, the amount of such Purchaser Group’s Investment Group allocated to any CP Tranche or Eurodollar Tranche is reduced before the last day of its Tranche Period, or if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each Purchaser in the applicable Purchaser Group that had its Investment so reduced or scheduled Purchase not made. (c) Investment shall be payable solely from the Sold Interest in Collections and from amounts payable under Sections 1.5 1.1(c) (to the extent such Incremental Purchase is made in connection with any Repurchase and the proceeds thereof are applied in accordance with Section 1.9), 1.5, 1.7 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables), it being ) or from other amounts available to the intention of the parties that the Purchasers do not have recourse against the Seller for loss of Investment due solely to Obligor credit risk beyond the Sold Interest in the ReceivablesSeller. The Seller shall pay, as a full recourse obligation, all other amounts payable hereunderhereunder and under the Fee Letters, including, without limitation, including all Discount, fees described in clauses (a) and (b) above and amounts payable under Article VI.

Fees and Other Costs and Expenses. (a) Each Purchaser The Seller shall pay to the Agent shall receive from the Seller (i) for the ratable benefit of its Purchaser Group the Committed Purchasers, such amounts as agreed to with the Purchaser Committed Purchasers and the Agent in the Fee Letter for such Purchaser GroupLetter. (b) If with respect to any Investment of any Purchaser Group, (i) the amount of such Purchaser Group’s Windmill's Investment is reduced (other than as a result of a Put) on any date other than the last day of a CP Tranche, (ii) the amount of Investment allocated to any CP or Eurodollar LIBOR Tranche is reduced before on any day other than the last day of its Tranche Period, Period or (iii) if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each Purchaser in the applicable Purchaser Group that had its Investment so reduced or scheduled Purchase not made. (c) Investment Investment, Discount and Funding Charges shall not be recourse obligations of the Seller and shall be payable solely from the Sold Interest in Collections and from amounts payable under Sections 1.5 1.5, 1.7 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables), it being the intention of the parties that the Purchasers do not have recourse against the Seller for loss of Investment due solely to Obligor credit risk beyond the Sold Interest in the Receivables. The Seller shall pay, as a full recourse obligation, all other amounts payable hereunder. (d) Notwithstanding anything in this Agreement to the contrary, including, without limitation, all Discount, fees described in clauses (a) no event will the Funding Charges and (b) above Discount charged and amounts payable under Article VIhereunder exceed any maximum interest rate imposed by applicable law or regulation.

Fees and Other Costs and Expenses. (a) Each Purchaser Agent shall receive from the Seller for the ratable benefit of its Purchaser Group such amounts as agreed to with the Purchaser in the Fee Letter for such Purchaser Group. . (bb If (i) If with respect to any Investment of any Purchaser Group, the amount of such Purchaser Group’s 's Investment is reduced on any date other than the last day of a CP Tranche, (ii) the amount of Investment allocated to any CP or Eurodollar Tranche is reduced before the last day of its Tranche Period, Period or (iii) if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each Purchaser in the applicable Purchaser Group that had its Investment so reduced or scheduled Purchase not made; provided, however, no Early Payment Fee will be due by the Seller if the amount of Investment allocated to any Eurodollar Tranche is reduced before the last day of its Tranche Period pursuant to Section 1.3(e)(iii) hereof. (c) Investment shall be payable solely from the Sold Interest in Collections and from amounts payable under Sections 1.5 1.5, 1.7 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables), it being the intention of the parties that the Purchasers do not have recourse against the Seller for loss of Investment due solely to Obligor credit risk beyond the Sold Interest in the Receivables. The Seller shall pay, as a full recourse obligation, all amounts payable pursuant to Sections 1.5, 1.7 and 6.1 and all other amounts payable hereunderhereunder and under the Fee Letter, including, without limitation, including all Discount, fees described in clauses (a) and (b) above and amounts payable under Article VI.

Fees and Other Costs and Expenses. (a) Each Purchaser The Seller shall pay to the Agent shall receive from the Seller for the ratable benefit of its Purchaser Group the Committed Purchasers, such amounts as agreed to with the Purchaser Committed Purchasers and the Agent in the Fee Letter for such Purchaser GroupLetter. (b) If with respect to any Investment of any Purchaser Group, (i) the amount of such Purchaser GroupWindmill’s Investment is reduced (other than as a result of a Put) on any date other than the last day of a CP Tranche, (ii) the amount of Investment allocated to any CP or Eurodollar LIBOR Tranche is reduced before on any day other than the last day of its Tranche Period, Period or (iii) if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each Purchaser in the applicable Purchaser Group that had its Investment so reduced or scheduled Purchase not made. (c) Investment Investment, Discount and Funding Charges shall not be recourse obligations of the Seller and shall be payable solely from the Sold Interest in Collections and from amounts payable under Sections 1.5 1.5, 1.7 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables), it being the intention of the parties that the Purchasers do not have recourse against the Seller for loss of Investment due solely to Obligor credit risk beyond the Sold Interest in the Receivables. The Seller shall pay, as a full recourse obligation, all other amounts payable hereunder. (d) Notwithstanding anything in this Agreement to the contrary, including, without limitation, all Discount, fees described in clauses (a) no event will the Funding Charges and (b) above Discount charged and amounts payable under Article VIhereunder exceed any maximum interest rate imposed by applicable law or regulation.

Fees and Other Costs and Expenses. (a) Each Purchaser The Seller shall pay to the Agent shall receive from the Seller for the ratable benefit of its Purchaser Group such amounts as agreed to with the Purchaser Seller in the Fee Letter for such Purchaser GroupLetter. (b) The Seller shall pay to the Agent for the account of each Purchaser a commitment fee computed at 0.35% per annum on the average daily unused portion of such Purchaser’s Commitment. Such commitment fee shall accrue from the Restatement Date to the Termination Date and shall be due and payable monthly in arrears on the Settlement Date of each month and on the Termination Date. The commitment fee provided in this Section 1.3(b) shall accrue at all times after the Restatement Date, including at any time during which one or more of the conditions in Article VII are not met. (c) If with respect to any the amount of Investment of any Purchaser Group, the amount of such Purchaser Group’s Investment allocated to any CP or Eurodollar Tranche is reduced before the last day of its Tranche Period, or if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each Purchaser in the applicable Purchaser Group that had its Investment so reduced or scheduled Purchase not madePurchaser. (cd) Investment shall be payable solely from the Sold Interest in Collections and from amounts payable under Sections 1.5 1.4, 1.6 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables), it being the intention of the parties that the Purchasers do not have recourse against the Seller for loss of Investment due solely to Obligor credit risk beyond the Sold Interest in the Receivables. The Seller shall pay, as a full recourse obligation, all other amounts payable hereunderhereunder and under the Fee Letter, including, without limitation, including all Discount, fees described in clauses (a), (b) and (bc) above and amounts payable under Article VI.

Fees and Other Costs and Expenses. (a) Each Purchaser Agent shall receive from the Seller for the ratable benefit of its Purchaser Group such amounts as agreed to with the Purchaser in the Fee Letter for such Purchaser Group. (b) If (i) with respect to any Investment of any Purchaser Group, the amount of such Purchaser Group’s 's Investment is reduced on any date other than the last day of a CP Tranche, (ii) the amount of Investment allocated to any CP or Eurodollar Tranche is reduced before the last day of its Tranche Period, Period or (iii) if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each Purchaser in the applicable Purchaser Group that had its Investment so reduced or scheduled Purchase not made; provided, however, no Early Payment Fee will be due by the Seller if the amount of Investment allocated to any Eurodollar Tranche is reduced before the last day of its Tranche Period pursuant to Section 1.3(e)(iii) hereof. (c) Investment shall be payable solely from the Sold Interest in Collections and from amounts payable under Sections 1.5 1.5, 1.7 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables), it being the intention of the parties that the Purchasers do not have recourse against the Seller for loss of Investment due solely to Obligor credit risk beyond the Sold Interest in the Receivables. The Seller shall pay, as a full recourse obligation, all amounts payable pursuant to Sections 1.5, 1.7 and 6.1 and all other amounts payable hereunderhereunder and under the Fee Letter, including, without limitation, including all Discount, fees described in clauses (a) and (b) above and amounts payable under Article VI.