Common use of Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers Clause in Contracts

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR shall pay directly to each L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial Letter of Credit issued by such L/C Issuer, at a rate from time to time agreed in writing with the Borrower, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 3 contracts

Samples: Credit Agreement (Kbr, Inc.), Syndicated Facility Agreement (Kbr, Inc.), Credit Agreement (Kbr, Inc.)

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Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The applicable Borrowers shall pay directly to each the applicable L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial commercial Letter of Credit issued by such L/C IssuerCredit, at a rate from time per annum equal to time 0.125% (or such other rate separately agreed in writing with between the Borrowerapplicable Borrowers and the L/C Issuers), computed on the Dollar Equivalent of the amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower applicable Borrowers and the applicable such L/C Issuer, computed on the Dollar Equivalent of the amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial standby Letter of Credit and Performance Letter of Credit issued by such L/C IssuerCredit, at a rate per annum from time equal to time 0.125% (or such other rate separately agreed in writing with KBRbetween the applicable Borrowers and the L/C Issuers), computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on or prior to the tenth date that is ten (10) Business Day after the end of Days following each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)fiscal quarter end, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.091.06. In addition, the Borrower applicable Borrowers shall pay directly to each the applicable L/C Issuer for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 3 contracts

Samples: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Company shall pay directly to each L/C Issuer for its own account a fronting fee with respect to each Letter of Credit issued by it, at the rate of 1⁄4 of 1.00% per annum (but in Dollars no event less than $500 per annum for each Letter of Credit) (i) with respect to each Commercial Trade Letter of Credit issued by such L/C Issuer, at a rate from time to time agreed in writing with the BorrowerCredit, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Trade Letter of Credit issued by such L/C Issuer increasing the amount of such Trade Letter of Credit, at a rate from time to time agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendmentamendment (provided, that the $500 per annum minimum set forth in the previous parenthetical shall not apply to an amendment of a Trade Letter of Credit), and (iii) with respect to each Financial Standby Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBRCredit, computed on the Dollar Equivalent of the daily amount available to be drawn under such Standby Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.091.06. In addition, the Borrower Company shall pay directly to each L/C Issuer for its own account, in Dollars, account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 3 contracts

Samples: Credit Agreement (Madison Square Garden Entertainment Corp.), Credit Agreement (MSG Networks Inc.), Credit Agreement (Madison Square Garden Co)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Company shall pay directly to each the applicable L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial commercial Letter of Credit issued by Credit, equal to a percentage per annum separate agreed between the Company and such L/C Issuer, at a rate from time to time agreed in writing with the Borrower, computed on Issuer times the Dollar Equivalent of the maximum stated amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower Company and the applicable such L/C Issuer, computed on the Dollar Equivalent of the amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial standby Letter of Credit Credit, at the rate per annum equal to the percentage separately agreed upon between the Company and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on no later than the tenth Business Day after the end of each March, June, September and December in respect fiscal quarter end of the Company in the most recently-recently- ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Maturity Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.091.06. In addition, the Borrower Company shall pay directly to each the applicable L/C Issuer for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 2 contracts

Samples: Credit Agreement (Perkinelmer Inc), Credit Agreement (Perkinelmer Inc)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial commercial Letter of Credit issued by such L/C Issuerit, at a the rate from time to time agreed in writing with the Borrowerof 0.125%, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Letter of Credit issued by such L/C Issuer increasing the amount of such commercial Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower and the applicable such L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance standby Letter of Credit issued by such L/C Issuer, at a rate it equal to 0.125% per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily maximum amount then available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit if such maximum amount increases periodically pursuant to the terms of such Letter of Credit). Such fronting fees described in clause (iii) shall be computed on a quarterly basis in arrears. Such fronting fee fees described in clause (iii) shall be due and payable on the tenth last Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within ten (10) Business Days of demand and are nonrefundable.

Appears in 2 contracts

Samples: Credit Agreement (Pinnacle Foods Inc.), Credit Agreement (Pinnacle Foods Inc.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial Letter of Credit issued by such L/C Issuer, at a rate from time to time agreed in writing with for the Borrower, computed on the Dollar Equivalent amount account of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time agreed in writing between the Borrower or any Restricted Subsidiary equal to 0.125% per annum (or such other lower amount as may be mutually agreed by the Borrower(s) and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily maximum amount available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit if such maximum amount increases periodically pursuant to the terms of such Letter of Credit) or such lesser fee as may be agreed with such L/C Issuer. Such fronting fees shall be computed on a quarterly basis in arrears. Such fronting fee fees shall be due and payable in Dollars on the tenth last Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on written demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Borrower shall pay directly to each the L/C Issuer for its own account, in Dollars, account with respect to each Letter of Credit issued for the account of the Borrower or any Restricted Subsidiary the customary and reasonable issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each the L/C Issuer relating to letters such Letters of credit Credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within 30 days of written demand by the L/C Issuer setting forth in reasonable detail such costs and charges and are nonrefundable.

Appears in 2 contracts

Samples: Credit Agreement (Playa Hotels & Resorts N.V.), Credit Agreement (Playa Hotels & Resorts N.V.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each the applicable L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial commercial Letter of Credit issued by such L/C IssuerCredit, at a rate from time per annum equal to time 0.125% (or such other rate separately agreed in writing with between the BorrowerBorrower and the L/C Issuers), computed on the Dollar Equivalent of the amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower and the applicable such L/C Issuer, computed on the Dollar Equivalent of the amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial standby Letter of Credit and Performance Letter of Credit issued by such L/C IssuerCredit, at a rate per annum from time equal to time 0.125% (or such other rate separately agreed in writing with KBRbetween the Borrower and the L/C Issuers), computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on or prior to the tenth date that is ten (10) Business Day after the end of Days following each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)fiscal quarter end, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.091.06. In addition, the Borrower shall pay directly to each the applicable L/C Issuer for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 2 contracts

Samples: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each the applicable L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial commercial Letter of Credit issued by Credit, at a rate per annum equal to the percentage separately agreed upon between the Borrower and such L/C Issuer, at a rate from time to time agreed in writing with the Borrower, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower and the applicable such L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial standby Letter of Credit Credit, at the rate per annum equal to the percentage separately agreed upon between the Borrower and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Maturity Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.091.06. In addition, the Borrower shall pay directly to each the applicable L/C Issuer for its own account, in Dollars, account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 2 contracts

Samples: Credit Agreement (Leonardo DRS, Inc.), Credit Agreement (Leonardo DRS, Inc.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Company shall pay directly to each the applicable L/C Issuer for its own account account, in Dollars, a fronting fee in Dollars (i) with respect to each Commercial commercial Letter of Credit, at the rate specified in the Bank of America Fee Letter (with respect to Letters of Credit issued by such Bank of America) or at the rate separately agreed in writing from time to time between the Company and any other L/C Issuer, at a rate from time to time agreed in writing with the Borrower, computed on the Dollar Equivalent of the amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower Company and the applicable L/C Issuer, computed on the Dollar Equivalent of the amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial standby Letter of Credit and Performance Credit, at the rate per annum specified in the Bank of America Fee Letter (with respect to Letters of Credit issued by such Bank of America) or at the rate separately agreed from time to time between the Company and any other L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be , and due and payable on the tenth first Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Borrower Company shall pay directly to each the applicable L/C Issuer for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 2 contracts

Samples: Credit Agreement (Idex Corp /De/), Credit Agreement (Idex Corp /De/)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each the applicable L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial standby Letter of Credit issued by such Credit, at the rate per annum specified in (A) (I) the Bank of America Fee Letter, with respect to Bank of America, in its capacity as an L/C Issuer, at a rate from time to time agreed in writing with (II) the BorrowerMizuho Fee Letter, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Letter of Credit issued by such Mizuho Bank, Ltd., in its capacity as an L/C Issuer increasing Issuer, and (III) the amount of such Letter of CreditCitibank Fee Letter, at a rate from time with respect to time agreed Citibank, in writing its capacity as an L/C Issuer, and (B) as specified in written agreements between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter any L/C Issuer other than Bank of Credit and Performance Letter of Credit issued by such America, in its capacity as L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the actual daily maximum amount available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit) and on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first (1st) payment), commencing with the first (1st) such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.091.06. In addition, the Borrower shall pay directly to each the applicable L/C Issuer for its own account, in Dollars, account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 2 contracts

Samples: Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Spirit AeroSystems Holdings, Inc.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Parent Borrower shall pay directly to each L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial Letter of Credit issued by such L/C Issuer, at a rate from time to time agreed in writing with the Borrower, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect it to any amendment of a Commercial Letter of Credit issued Loan Party equal to 0.125% per annum (or such other lower amount as may be mutually agreed by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time agreed in writing between the Parent Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily amount maximum Dollar Amount available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit if such maximum amount increases periodically pursuant to the terms of such Letter of Credit) or such lesser fee as may be agreed with such L/C Issuer. Such fronting fees shall be computed on a quarterly basis in arrears. Such fronting fee fees shall be due and payable in Dollars on the tenth first Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Parent Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, account with respect to each Letter of Credit issued to the Loan Parties the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within ten (10) Business Days of demand and are nonrefundable.

Appears in 2 contracts

Samples: Credit Agreement (Change Healthcare Holdings, Inc.), Credit Agreement (TC3 Health, Inc.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial Letter of Credit issued by it equal to 0.125% per annum (or such L/C Issuer, at a rate from time to time other amount as is agreed in a separate writing with between the Borrower, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Letter of Credit issued by such relevant L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iiiBorrower) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily maximum amount then available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit, if such maximum amount increases periodically pursuant to the terms of such Letter of Credit), provided that in any event the minimum amount of any fronting fee payable in any twelve-month period for each Letter of Credit shall be not less than $500 (it being agreed that, on the day of issuance of any Letter of Credit and on each anniversary thereof prior to the termination or expiration of such Letter of Credit, if $500 will exceed the amount of the applicable fronting fee that will accrue with respect to such Letter of Credit for the immediately succeeding twelve-month period, the full $500 shall be payable on the date of issuance of such Letter of Credit and on each such anniversary thereof). Except as contemplated by the proviso contained in the immediately preceding sentence, such fronting fees shall be (x) computed on a quarterly basis in arrears. Such fronting fee shall be arrears and (y) due and payable on the tenth first Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within ten (10) Business Days of demand and are nonrefundable.

Appears in 2 contracts

Samples: Credit Agreement (Activant Solutions Inc /De/), Credit Agreement (Prelude Systems, Inc.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Company shall pay directly to each the applicable L/C Issuer for its own account account, in Dollars, a fronting fee in Dollars (i) with respect to each Commercial commercial Letter of Credit issued by such L/C IssuerCredit, at a rate from time equal to time agreed in writing with the Borrower, computed on greater of (A) $250.00 or (B) 1/8 of 1% per annum times the Dollar Equivalent of the amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent of the amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial standby Letter of Credit and Performance Letter of Credit issued by such L/C IssuerCredit, at a rate the greater of (A) $250.00 or (B) 1/8 of 1% per annum from time to time agreed in writing with KBR, computed on times the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit (or in the case of Existing Letters of Credit, after the end of December, 2011), on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Borrower Company shall pay directly to each the applicable L/C Issuer for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (Commercial Metals Co)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial Letter of Credit issued by it for the account of the Borrower (whether for the benefit of the Borrower or its Subsidiaries) equal to 0.125% per annum (or such L/C Issuer, at a rate from time to time other lower amount as may be mutually agreed in writing with the Borrower, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily amount maximum Dollar Amount available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit if such maximum amount increases periodically pursuant to the terms of such Letter of Credit) or such lesser fee as may be agreed with such L/C Issuer. Such fronting fees shall be computed on a quarterly basis in arrears. Such fronting fee fees shall be due and payable in Dollars on the tenth last Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the earlier to occur of the Letter of Credit Expiration Date and thereafter the date on demand. For purposes which the Revolving Credit Commitment of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit all Lenders shall be determined in accordance with Section 1.09terminated as provided herein. In addition, the Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, account with respect to each Letter of Credit issued for the account of the Borrower (whether for the benefit of the Borrower or its Subsidiaries) the customary and reasonable issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within 30 days of demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (OTG EXP, Inc.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each the relevant L/C Issuer for its own account account, in Dollars, a fronting fee in Dollars (i) with respect to each Commercial commercial Letter of Credit issued by such L/C IssuerCredit, at a rate from time equal to time agreed in writing with the Borrower, computed on greater of (A) $250.00 or (B) 1/8 of 1% per annum times the Dollar Equivalent of the amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower and the applicable relevant L/C Issuer, computed on the Dollar Equivalent of the amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial standby Letter of Credit and Performance Letter of Credit issued by such L/C IssuerCredit, at a rate the greater of (A) $250.00 or (B) 1/8 of 1% per annum from time to time agreed in writing with KBR, computed on times the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Borrower shall pay directly to each the relevant L/C Issuer for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (Commercial Metals Co)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR Borrower shall pay directly to each L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial Letter of Credit issued by such L/C Issuer, at a rate from time per annum equal to time agreed in writing with 0.125% of the Borrowerdaily stated amount of such Letter of Credit, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time per annum equal to time agreed in writing between 0.125% of the Borrower and the applicable L/C Issuerdaily stated amount of such Letter of Credit, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time equal to time agreed in writing with KBR0.125%, computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (Sylvamo Corp)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR Borrower shall pay directly to each the applicable L/C Issuer for its own account account, in Dollars, a fronting fee in Dollars (i) with respect to each Commercial commercial Letter of Credit issued by such Credit, at the rate specified in the applicable Fee Letter or otherwise agreed in writing between Borrower and the applicable L/C Issuer, at a rate from time to time agreed in writing with the Borrower, computed on the Dollar Equivalent of the amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial standby Letter of Credit Credit, at the rate per annum specified in the applicable Fee Letter or otherwise agreed in writing between Borrower and Performance Letter of Credit issued by such the applicable L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended recently‑ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit L/C Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.091.08. In addition, the Borrower shall pay directly to each the applicable L/C Issuer for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (Azz Inc)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Company shall pay directly to each the applicable L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial commercial Letter of Credit issued by Credit, equal to a percentage per annum separate agreed between the Company and such L/C Issuer, at a rate from time to time agreed in writing with the Borrower, computed on Issuer times the Dollar Equivalent of the maximum stated amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower Company and the applicable such L/C Issuer, computed on the Dollar Equivalent of the amount of such increase, and payable upon the effectiveness of such 52 #94834708v14 CHAR1\1986310v1 amendment, and (iii) with respect to each Financial standby Letter of Credit Credit, at the rate per annum equal to the percentage separately agreed upon between the Company and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on no later than the tenth Business Day after the end of each March, June, September and December in respect fiscal quarter end of the Company in the most recently-recently- ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Maturity Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.091.06. In addition, the Borrower Company shall pay directly to each the applicable L/C Issuer for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (Revvity, Inc.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial Letter of Credit issued by it for the account of the Borrower (whether for the benefit of the Borrower or its Subsidiaries) equal to 0.125% per annum (or such L/C Issuer, at a rate from time to time other lower amount as may be mutually agreed in writing with the Borrower, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily amount maximum Dollar Amount available to be drawn under such Letter of Credit (whether or not such maximum Dollar Amount is then in effect under such Letter of Credit if such maximum Dollar Amount increases periodically pursuant to the terms of such Letter of Credit) or such lesser fee as may be agreed with such L/C Issuer. Such fronting fees shall be computed on a quarterly basis in arrears. Such fronting fee fees shall be due and payable on the tenth last Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the earlier to occur of the Letter of Credit Expiration Date and thereafter the date on demand. For purposes which the Revolving Credit Commitment of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit all Lenders shall be determined in accordance with Section 1.09terminated as provided herein. In addition, the Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, account with respect to each Letter of Credit issued for the account of the Borrower (whether for the benefit of the Parent Borrower or its Subsidiaries) the customary and reasonable issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within 30 days of demand and are nonrefundable.

Appears in 1 contract

Samples: Abl Credit Agreement (AFG Holdings, Inc.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The U.S. Borrower shall pay directly to each L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial Letter of Credit issued by it equal to 0.125% per annum (or such L/C Issuer, at a rate from time to time other amount as is agreed in a separate writing with between the Borrower, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Letter of Credit issued by such relevant L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iiiU.S. Borrower) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily maximum amount then available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit, if such maximum amount increases periodically pursuant to the terms of such Letter of Credit), provided that in any event the minimum amount of any fronting fee payable in any twelve-month period for each Letter of Credit shall be not less than $500 (it being agreed that, on the day of issuance of any Letter of Credit and on each anniversary thereof prior to the termination or expiration of such Letter of Credit, if $500 will exceed the amount of the applicable fronting fee that will accrue with respect to such Letter of Credit for the immediately succeeding twelve-month period, the full $500 shall be payable on the date of issuance of such Letter of Credit and on each such anniversary thereof). Except as contemplated by the proviso contained in the immediately preceding sentence, such fronting fees shall be (x) computed on a quarterly basis in arrears. Such fronting fee shall be arrears and (y) due and payable on the tenth first Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the U.S. Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within ten (10) Business Days of demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (APP Pharmaceuticals, Inc.)

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Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each the applicable L/C Issuer for its own account account, in Dollars, a fronting fee in Dollars (i) with respect to each Commercial Letter of Credit issued by such L/C Issuer, at a rate from time to time agreed in writing with the Borrower, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon in the issuance thereof, (ii) with respect amount either set forth in the Fee Letter to any amendment of a Commercial Letter of Credit issued by which such L/C Issuer increasing the amount of such Letter of Credit, at is a rate from time to time party or otherwise separately agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on Issuer and the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrearsBorrower. Such fronting fee shall be due and payable (A) with respect to each standby Letter of Credit, on the tenth Business Day after the end (10th) day of each MarchJanuary, JuneApril, September July and December in respect of October (for fronting fees accrued during the most recently-ended quarterly period (previous calendar quarter or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit L/C Expiration Date and thereafter on demanddemand and (B) with respect to each commercial Letter of Credit, on the date of issuance thereof (provided that, with respect to Existing Letters of Credit that are standby Letters of Credit, all accrued and unpaid fronting fees with respect to such Existing Letters of Credit shall be paid on the Closing Date in accordance with Section 5.01(g) and such Existing Letters of Credit shall be deemed issued on the Closing Date and shall accrue fronting fees from and after the Closing Date in accordance with this clause (ii)). For purposes of computing the daily amount available to be drawn undrawn Outstanding Amount under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.091.08. In addition, the Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (HSN, Inc.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Company shall pay directly to each L/C Issuer for its own account a fronting fee with respect to each Letter of Credit issued by it, at the rate of 1 ⁄ 4 of 1.00% per annum (but in Dollars no event less than $500 per annum for each Letter of Credit) (i) with respect to each Commercial Trade Letter of Credit issued by such L/C Issuer, at a rate from time to time agreed in writing with the BorrowerCredit, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Trade Letter of Credit issued by such L/C Issuer increasing the amount of such Trade Letter of Credit, at a rate from time to time agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendmentamendment ( provided , that the $500 per annum minimum set forth in the previous parenthetical shall not apply to an amendment of a Trade Letter of Credit), and (iii) with respect to each Financial Standby Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBRCredit, computed on the Dollar Equivalent of the daily amount available to be drawn under such Standby Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.091.06 . In addition, the Borrower Company shall pay directly to each L/C Issuer for its own account, in Dollars, account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (Madison Square Garden Entertainment Corp.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each the applicable L/C Issuer for its own account a fronting fee in Dollars with respect to each Letter of Credit issued by it to the Borrower (i) with respect to each Commercial commercial Letter of Credit issued by Credit, at a rate per annum equal to the percentage separately agreed upon between the Borrower and such L/C Issuer, at a rate from time to time agreed in writing with the Borrower, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower and the applicable such L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial standby Letter of Credit and Performance Letter of Credit issued by such L/C IssuerCredit, at a rate equal to 0.125% per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily maximum amount then available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit if such maximum amount increases periodically pursuant to the terms of such Letter of Credit). Such fronting fees shall be computed on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. Such fronting fees shall be due and payable on the first Business Day after the end of each March, June, September and December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. In addition, the Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, account with respect to each Letter of Credit issued to the Borrower the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within ten (10) Business Days of demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (Activision Blizzard, Inc.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each the L/C Issuer for its own account a fronting fee in Dollars with respect to each commercial and standby Letter of Credit, at the rate per annum equal to (ix) with respect to each Commercial commercial and standby Letter of Credit issued by such L/C IssuerCredit, at a rate from time per annum equal to time agreed in writing with the Borrower0.125%, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, and (iiy) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower and the applicable such L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth first Business Day after the end of each MarchJanuary, JuneApril, September July and December October in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Maturity Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.091.06. In addition, with respect to any Letter of Credit issued for the account of the Borrower, the Borrower shall pay directly to each the applicable L/C Issuer for its own account, in Dollars, account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 1 contract

Samples: Security Agreement (Ciena Corp)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each L/C Issuer Issuer, for its own account account, a fronting fee in Dollars (i) with respect to each Commercial commercial Letter of Credit issued by Credit, equal to the rate per annum equal to the percentage separately agreed upon between the Borrower and such L/C Issuer, at a rate from time to time agreed in writing with Issuer times the Borrower, computed on the Dollar Equivalent maximum stated amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower and the applicable such L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial standby Letter of Credit Credit, at the rate per annum equal to the percentage separately agreed upon between the Borrower and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on no later than the tenth (10th) Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Revolving Facility Maturity Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.091.06. In addition, the Borrower shall pay directly to each L/C Issuer Issuer, for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer ​ ​ relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (AeroVironment Inc)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each the applicable L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial Letter of Credit issued by such L/C Issuer, at a rate from time it to time agreed in writing with the Borrower (or Holdings or any Restricted Subsidiary of the Borrower, computed on the Dollar Equivalent ) equal to 0.125% per annum (or such other lower amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Letter of Credit issued as may be mutually agreed by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily amount maximum Dollar Amount available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit if such maximum amount increases periodically pursuant to the terms of such Letter of Credit) or such lesser fee as may be agreed with such L/C Issuer. Such fronting fees shall be computed on a quarterly basis in arrears. Such fronting fee fees shall be due and payable in Dollars on the tenth first Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Borrower shall pay directly to each the applicable L/C Issuer for its own account, in Dollars, account with respect to each Letter of Credit issued to the Borrower (or Holdings or any Restricted Subsidiary of the Borrower) the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within five (5) Business Days of demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (Res Care Inc /Ky/)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial commercial Letter of Credit issued by such L/C Issuerit, at a the rate from time to time agreed in writing with the Borrowerof 0.125%, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Letter of Credit issued by such L/C Issuer increasing the amount of such commercial Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower and the applicable such L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance standby Letter of Credit issued by such L/C Issuerit, at a rate equal to 0.125% per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily maximum amount then available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit if such maximum amount increases periodically pursuant to the terms of such Letter of Credit). Such fronting fees described in clause (iii) shall be computed on a quarterly basis in arrears. Such fronting fee fees described in clause (iii) shall be due and payable on the tenth last Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within ten (10) Business Days of demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Foods Inc.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each L/C Issuer for its own account a fronting fee in Dollars (i) with respect to each Commercial Letter of Credit issued by such L/C Issuerit, at a rate from time to time agreed in writing with the Borrower, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, which shall accrue at a rate per annum from time equal to time agreed in writing with KBR, computed 0.125% on the Dollar Equivalent of the daily maximum amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. Such fronting fees shall be due and payable in arrears on the date that is three Business Days after the last day of each March, June, September and December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of determining the fronting fee applicable to any Letter of Credit denominated in an Alternative Currency (and not for any other purpose), the daily maximum amount available to be drawn under any Letter of Credit shall be determined on the basis of the Dollar Equivalent in effect on the first Business Day of each January, April, July and October and such Dollar Equivalent shall be used for determining the fronting fee with respect to each Letter of Credit which is outstanding at any time and during such calendar quarter and regardless of the issue date of such Letter of Credit. In addition, the Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, account with respect to each Letter of Credit issued by it the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within 10 Business Days of demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (Meredith Corp)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each the L/C Issuer for its own account account, in Dollars, a fronting fee in Dollars equal to 0.125% per annum (or such other lower amount as may be mutually agreed by the Borrower and the applicable L/C Issuer) (i) with respect to each Commercial commercial Letter of Credit issued by such L/C Issuer, at a rate from time to time agreed in writing with the BorrowerCredit, computed on the Dollar Equivalent Amount of the amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent Amount of the amount of such increase, and payable upon the effectiveness of such amendment, amendment and (iii) with respect to each Financial standby Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBRCredit, computed on the Dollar Equivalent Amount of the daily amount available to be drawn under such Letter of Credit (or such lesser fee as may be agreed with such L/C Issuer) on a quarterly basis in arrears. Such fronting fee fees shall be computed on a quarterly basis in arrears. Such fronting fees shall be due and payable in Dollars on the tenth first Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Borrower shall pay directly to each the applicable L/C Issuer for its own account, in Dollars, account with respect to each Letter of Credit issued to the Borrower (or Holdings or any Restricted Subsidiary of the Borrower) the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within five (5) Business Days of demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (Res Care Inc /Ky/)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR Each Borrower shall pay directly to each L/C Issuer for its own account a fronting fee (in Dollars (ithe relevant currency in which the applicable Letter of Credit is denominated) with respect to each Commercial Letter of Credit issued by such L/C Issuer, at a rate from time to time agreed in writing with the Borrower, computed it on the Dollar Equivalent amount behalf of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect Borrower to any amendment of a Commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time Consolidated Party equal to time agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate 0.125% per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily maximum amount available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit if such maximum amount increases periodically pursuant to the terms of such Letter of Credit) or such other fee as may be agreed with such L/C Issuer (the “L/C Fronting Fee”). Such fronting fees shall be computed on a quarterly basis in arrears. Such fronting fee fees shall be due and payable in U.S. Dollars (and if the applicable Letter of Credit is in an Alternative Currency, shall be calculated based on the tenth U.S. Dollar Equivalent amount in respect thereof) on the last Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the earlier to occur of the Letter of Credit Expiration Date and thereafter the date on demand. For purposes which the Revolving Credit Commitment of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit all Lenders shall be determined in accordance with Section 1.09terminated as provided herein. In addition, the applicable Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, account with respect to each Letter of Credit issued on behalf of the Loan Parties the customary and reasonable issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within 10 Business Days of demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (WisdomTree Investments, Inc.)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each L/C Issuer Issuer, for its own account account, a fronting fee in Dollars (i) with respect to each Commercial commercial Letter of Credit issued by Credit, equal to the rate per annum equal to the percentage separately agreed upon between the Borrower and such L/C Issuer, at a rate from time to time agreed in writing with Issuer times the Borrower, computed on the Dollar Equivalent maximum stated amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time separately agreed in writing between the Borrower and the applicable such L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial ​ ​ standby Letter of Credit Credit, at the rate per annum equal to the percentage separately agreed upon between the Borrower and Performance Letter of Credit issued by such L/C Issuer, at a rate per annum from time to time agreed in writing with KBR, computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on no later than the tenth (10th) Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Revolving Facility Maturity Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.091.06. In addition, the Borrower shall pay directly to each L/C Issuer Issuer, for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

Appears in 1 contract

Samples: Credit Agreement (AeroVironment Inc)

Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers. KBR The Borrower shall pay directly to each L/C Issuer for its own account a fronting fee (a “Fronting Fee”) in Dollars (i) with respect to each Commercial Letter of Credit issued by such L/C Issuer, at a rate from time it equal to time agreed in writing with the Borrower, computed on the Dollar Equivalent amount of such Letter of Credit, and payable upon the issuance thereof, (ii) with respect to any amendment of a Commercial Letter of Credit issued by such L/C Issuer increasing the amount of such Letter of Credit, at a rate from time to time agreed in writing between the Borrower and the applicable L/C Issuer, computed on the Dollar Equivalent amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each Financial Letter of Credit and Performance Letter of Credit issued by such L/C Issuer, at a rate 0.125% per annum from time to time agreed in writing with KBR, computed on of the Dollar Equivalent of the daily maximum amount then available to be drawn under such Letter of Credit Credit. Such fronting fees shall be computed on a quarterly basis in arrears. Such fronting fee fees shall be due and payable on the tenth first Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment)December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Borrower shall pay directly to each L/C Issuer for its own account, in Dollars, account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of each such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on within ten (10) Business Days of demand and are nonrefundable.. (i) Conflict with Letter of Credit Application. Notwithstanding anything else to the contrary in any Letter of Credit Application, in the event of any conflict between the terms hereof and the terms of any Letter of Credit Application, the terms hereof shall control. (j) Addition of an L/C Issuer. A Revolving Credit Lender (or any of its Subsidiaries or affiliates) may become an additional L/C Issuer hereunder pursuant to a written agreement among the Borrower, the Administrative Agent and such Revolving Credit Lender. The Administrative Agent shall notify the Revolving Credit Lenders of any such additional L/C Issuer. (k) Applicability of

Appears in 1 contract

Samples: Credit Agreement (Array Technologies, Inc.)

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