Interest Rates and Fees. (a) Interest rates on Prime Rate Advances, Base Rate Advances, B/A Equivalent Loans and LIBOR Advances and the rates for calculation of B/A Fees and L/C Fees shall be as follows: All figures in the table represent per cent per annum. Each of the amounts specified above, other than the standby fees, shall be increased by 2% per annum if a Default has occurred and is continuing. If a Default is disclosed by a Compliance Certificate, any increase shall be applied beginning as of the end of the fiscal period to which the Compliance Certificate relates. (b) Interest shall accrue and be payable on Prime Rate Advances and Base Rate Advances at the Prime Rate or the Base Rate, respectively, plus the relevant figure shown under "Prime Rate and Base Rate Advances" in the table in Section 2.7(a) . Interest shall accrue and be payable on LIBOR Advances at the LIBO Rate plus the relevant figure shown under "Other Advances" in that table. The rate for calculation of B/A Fees shall be the relevant figure shown under "Other Advances" in that table. The rate for calculation of LC Fees for financial Letters of Credit shall be the relevant figure shown under "LC Fee (financial L/C)" in that table. The rate for calculation of LC Fees for performance Letters of Credit shall be the relevant figure shown under "LC Fee (performance L/C)" in that table. (c) The Borrowers shall pay interest and fees at the applicable rate specified in Section 2.7(a) to the Agent at the Branch of Account on Advances outstanding from time to time, except that the B/A Fee for any B/A shall be paid by each Lender deducting the B/A Fee from the proceeds of the B/A remitted to the Agent pursuant to Section 6.8(c) . The Borrowers shall pay interest on Prime Rate Advances and Base Rate Advances on each Interest Payment Date. The Borrowers shall pay interest on each LIBOR Advance on the last day of the applicable LIBOR Period and, if the LIBOR Period is longer than three months, every three months after the date of the relevant LIBOR Advance. The Borrowers shall pay L/C Fees quarterly in arrears on the first Banking Day following each of Hudbay's fiscal quarters. (d) The Borrowers shall pay a standby fee on the daily unadvanced portions of the Credit (which for clarity shall, for the purposes of this Section 2.7(d), be equal to the Maximum Available Amount less any amounts outstanding hereunder) at the rate specified under "Standby Fee" in the table in Section 2.7(a) . The standby fee shall be calculated daily beginning on the Effective Date and shall be payable quarterly in arrears on the first Banking Day following each of Hudbay's fiscal quarters. On final payment of the Obligations, the Borrowers shall also pay any accrued but unpaid standby fees. (e) The Agent shall distribute interest and fees for the Credit to the Lenders based on their respective Applicable Percentages.
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Interest Rates and Fees. (a) Interest rates on Prime Rate Advances, Base Rate Advances, B/A Equivalent Loans and LIBOR Advances and the rates for calculation of B/A Fees and L/C Fees shall be determined and adjusted based on the Leverage Ratio as follows: Greater than or equal to 3.00 to 1 [Redacted — Commercially sensitive information] [Redacted — Commercially sensitive information] [Redacted — Commercially sensitive information] Greater than or equal to 2.00 to 1 but less than 3.00 to 1 [Redacted — Commercially sensitive information] [Redacted — Commercially sensitive information] [Redacted — Commercially sensitive information] Greater than or equal to 1.00 to 1 but less than 2.00 to 1 [Redacted — Commercially sensitive information] [Redacted — Commercially sensitive information] [Redacted — Commercially sensitive information] Less than 1.00 to 1 [Redacted — Commercially sensitive information] [Redacted — Commercially sensitive information] [Redacted — Commercially sensitive information] All figures in the table represent per cent per annum. Each of the amounts specified above, other than the standby feesStandby Fees, shall be increased by 2% per annum if a Default has occurred and is continuing. If a Default is disclosed by a Compliance Certificate, any increase shall be applied beginning as of the end of the fiscal period to which the such Compliance Certificate relates.
(b) Interest shall accrue and be payable on Prime Rate Advances and Base Rate Advances at the Prime Rate or the Base Rate, respectively, plus the relevant figure shown under "“Prime Rate and Base Rate Advances" ” in the table in Section 2.7(a) 2.5(a). Interest shall accrue and be payable on LIBOR Advances at the LIBO Rate plus the relevant figure shown under "Other “LIBOR Advances" , L/Cs and B/As” in that table. The rate for calculation of B/A Fees and LC Fees shall be the relevant figure shown under "Other “LIBOR Advances" in that table. The rate for calculation of LC Fees for financial Letters of Credit shall be the relevant figure shown under "LC Fee (financial , L/C)" in that table. The rate for calculation of LC Fees for performance Letters of Credit shall be the relevant figure shown under "LC Fee (performance LCs and B/C)" As” in that table.
(c) The Borrowers Borrower shall pay interest and fees at the applicable rate specified in Section 2.7(a2.5(a) to the Agent at the Branch of Account on Advances outstanding from time to time, except that the B/A Fee for any B/A shall be paid by each Lender deducting the B/A Fee from the proceeds of the B/A remitted to the Agent pursuant to Section 6.8(c) ). The Borrowers Borrower shall pay interest on Prime Rate Advances and Base Rate Advances on each Interest Payment Date. The Borrowers Borrower shall pay interest on each LIBOR Advance on the last day of the applicable LIBOR Period and, if the LIBOR Period is longer than three months, every three months after the date of the relevant LIBOR Advance. The Borrowers Borrower shall pay L/C Fees quarterly in arrears on the first Banking Day following each of Hudbay's fiscal quartersFiscal Quarter.
(d) The Borrowers Borrower shall pay a standby fee (the “Standby Fee”) on the daily unadvanced portions of the Credit (which for clarity shall, for at a rate that shall be adjusted based on the purposes of this Section 2.7(d), Leverage Ratio and that shall be equal to the Maximum Available Amount less any amounts outstanding hereunder) at the rate as specified under "“Standby Fee" ” in the table in Section 2.7(a) 2.5(a). The standby fee Standby Fee shall be calculated daily beginning on the Effective Date date hereof and shall be payable quarterly in arrears on the first Banking Day following each of Hudbay's fiscal quartersFiscal Quarter, with the first payment to be made on July 1, 2018. On final payment of the Obligations, the Borrowers Borrower shall also pay any accrued but unpaid standby feesStandby Fees.
(e) Any increase or decrease in the interest rates and fees resulting from a change in the Leverage Ratio shall be effective as of the date on which a Compliance Certificate concerning the calculation of the ratio was due, except that if a Compliance Certificate is late, the Leverage Ratio shall be deemed to be greater than 3.00 to 1 and any resulting decrease shall be effective only as of the date that a satisfactory Compliance Certificate is actually received by the Agent. Interest rates and fees shall initially be established based on the Compliance Certificate delivered under Section 5.1(c)(ii). B/A Fees paid before the effective date of an increase or decrease will not be adjusted.
(f) The Agent shall distribute interest and fees for the Credit to the Lenders based on their respective Applicable Percentages.
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Interest Rates and Fees. (a) Interest rates on Prime Rate Advances, Base Rate Advances, B/A Equivalent Loans Advances and LIBOR Advances and the rates for calculation of B/A Fees and L/C Fees shall be determined on a Pricing Date in accordance with the table set forth below based on the Total Net Debt to EBITDA Ratio based on the Compliance Certificate delivered in respect of the most recently completed fiscal quarter, as follows: applicable, and the applicable interest rate established on a Pricing Date shall remain in effect until the next Pricing Date. If the Borrower has not delivered its financial statements and Compliance Certificate by the date such financial statements and Compliance Certificate are required to be delivered under Section 8.3 hereof, until such financial statements and Compliance Certificate are delivered, the applicable interest rate/fee shall, on the first day after the latest date by which the Borrower was so required to provide such financial statements and Compliance Certificate, be set at Level V. Each determination of the applicable interest rate/fee made by the Agent in accordance with the foregoing shall be conclusive and binding on the Borrower and the Lenders if reasonably determined. All figures in the table represent per cent per annum. Each of the amounts specified above, other than the standby fees, shall be increased by 2% per annum if a Default has occurred and is continuing. If a Default is disclosed by a Compliance Certificate, any increase shall be applied beginning as of the end of the fiscal period to which the Compliance Certificate relates.
(b) Interest shall accrue and be payable on Prime Rate Advances and Base Rate Advances at the Prime Rate or the Base Rate, respectively, plus the relevant figure shown under "Prime Rate and Base Rate Advances" in the table in Section 2.7(a) 2.6(a). Interest shall accrue and be payable on LIBOR Advances at the LIBO Rate plus the relevant figure shown under "LIBOR and Other Advances" in that table. The rate for calculation of BL/A Fees shall be the relevant figure shown under "Other Advances" in that table. The rate for calculation of LC C Fees for financial Financial Letters of Credit shall be the relevant figure shown under "LC L/C Fee (financial Financial L/C)" in that table. The rate for calculation of LC L/C Fees for performance Performance Letters of Credit shall be the relevant figure shown under "LC L/C Fee (performance Performance L/C)" in that table.
(c) The Borrowers Borrower shall pay interest and fees at the applicable rate specified in Section 2.7(a2.6(a) to the Agent at the Branch of Account on Advances outstanding from time to time, except that the B/A Fee for any B/A shall be paid by each Lender deducting the B/A Fee from the proceeds of the B/A remitted to the Agent pursuant to Section 6.8(c) . The Borrowers Borrower shall pay interest on Prime Rate Advances and Base Rate Advances on each Interest Payment Date. The Borrowers Borrower shall pay interest on each LIBOR Advance on the last day of the applicable LIBOR Period and, if the LIBOR Period is longer than three months, every three months after the date of the relevant LIBOR Advance. The Borrowers Borrower shall pay L/C Fees quarterly in arrears on the first Banking Day following each of Hudbay's fiscal quarters.
(d) The Borrowers Borrower shall pay a standby fee on the daily unadvanced portions of the Credit (which for clarity shall, for the purposes of this Section 2.7(d2.6(d), be equal to the Maximum Available Amount less any amounts outstanding hereunder) at the rate specified under "Standby Fee" in the table in Section 2.7(a) 2.6(a). The standby fee shall be calculated daily beginning on the Effective Date and shall be payable quarterly in arrears on the first Banking Day following each of Hudbay's fiscal quarters. On final payment of the Obligations, the Borrowers Borrower shall also pay any accrued but unpaid standby fees.
(e) The Agent shall distribute interest and fees for the Credit to the Lenders based on their respective Applicable Percentages.
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Interest Rates and Fees. (a) 2.7.1 Interest rates on Prime Rate Advances, Base Rate Advances, B/A Equivalent Loans Advances and LIBOR Advances and the rates for calculation of B/A Fees and Bankers’ Acceptance Fees. L/C Fees and the standby fee under the Credit shall be determined and adjusted based on the Total Net Funded Debt to EBITDA Ratio as follows: All figures in the table represent per cent per annum. Each of the amounts specified above, other than the standby fees, shall be increased by 2% per annum if a Default has occurred and is continuing. If a Default is disclosed by a Compliance Certificate, any increase shall be applied beginning as of the end of the fiscal period to which the Compliance Certificate relates.:
(b) 2.7.2 Interest shall accrue and be payable on Prime Rate Advances and Base Rate Advances at the Prime Rate or the Base Rate, respectively, plus the relevant figure shown under "the heading “Prime Rate and Base Rate Advances" Rate” in the table in Section 2.7(a) table. Interest shall accrue and be payable on LIBOR Advances at the LIBO Rate plus the relevant figure shown under "Other Advances" the heading “BA/LIBO Rate” in that the table. The rate for calculation of B/A Bankers’ Acceptance Fees shall be the relevant figure shown under "Other Advances" the heading “BA/LIBO Rate” in that the table. The rate for calculation of LC L/C Fees for financial Letters of Credit L/Cs other than Non-Financial L/Cs shall be the relevant figure shown under "LC Fee (financial the heading “L/C)" Cs (other than Non-Financial L/Cs”) in that the table. The rate for calculation of LC L/C Fees for performance Letters of Credit Non-Financial L/Cs shall be the relevant figure shown under "LC Fee (performance the heading “Non-Financial L/C)" Cs” in that the table.
(c) The Borrowers shall pay interest and fees at the applicable rate specified in Section 2.7(a) to the Agent at the Branch of Account on Advances outstanding from time to time, except that the B/A Fee for any B/A shall be paid by each Lender deducting the B/A Fee from the proceeds of the B/A remitted to the Agent pursuant to Section 6.8(c) . The Borrowers shall pay interest on Prime Rate Advances and Base Rate Advances on each Interest Payment Date. The Borrowers shall pay interest on each LIBOR Advance on the last day of the applicable LIBOR Period and, if the LIBOR Period is longer than three months, every three months after the date of the relevant LIBOR Advance. The Borrowers shall pay L/C Fees quarterly in arrears on the first Banking Day following each of Hudbay's fiscal quarters.
(d) 2.7.3 The Borrowers shall pay a standby fee on the daily unadvanced portions of the Credit (which for clarity shall, for Main Tranche and the purposes of this Section 2.7(d), be equal to the Maximum Available Amount less any amounts outstanding hereunder) Overdraft Tranche at the relevant rate specified shown under "the heading “Standby Fee" ” in the table in Section 2.7(a) 2.7.1. The standby fee shall be calculated daily beginning on the Effective Date and shall be payable quarterly in arrears on the first third Banking Day following after the end of each of Hudbay's fiscal quartersquarter. On final payment of the ObligationsObligations under the Credit, the Borrowers shall also pay any accrued but unpaid standby fees.
(e) 2.7.4 As of the date of this Agreement and until the delivery by the Borrowers of the Compliance Certificate for ATS’s first quarter of fiscal 2020, interest rates and fees shall be set at Tier II. Thereafter, any increase or decrease in the interest rates and fees resulting from a change in the Total Net Funded Debt to EBITDA Ratio shall be effective as of the date on which a Compliance Certificate concerning the calculation of the ratio was due in respect of the end of each of ATS’ fiscal quarters, except that if a Compliance Certificate is late, any resulting decrease shall be effective only as of the date that a satisfactory Compliance Certificate is actually received by the Agent.
2.7.5 The Agent shall distribute interest and fees for the Credit Main Tranche to the Lenders based on their respective Applicable PercentagesPercentages as adjusted in accordance with Section 5.2. Subject to Section 5.1.2, interest and standby fees for the Overdraft Tranche shall be paid to the Overdraft Lender for its own account. In addition, a fronting fee calculated in the same manner as the L/C Fee but at a rate of [interest rate redacted] per annum on the amount of each L/C issued under the Credit shall be payable to the Issuing Bank for its own account.
Appears in 1 contract
Samples: Credit Agreement (ATS Corp /ATS)
Interest Rates and Fees. (a) 2.7.1 Interest rates on Prime Rate Advances, Base Rate Advances and, LIBOR Advances, B/A Equivalent Loans Daily Simple XXXXX and LIBOR XXXXXXX Advances and the rates for calculation of B/A Fees and Bankers’ Acceptance Fees. L/C Fees and the standby fee under the Credit shall be determined and adjusted based on the Total Net Funded Debt to EBITDA Ratio as follows: All figures in the table represent per cent per annum. Each of the amounts specified above, other than the standby fees, shall be increased by 2% per annum if a Default has occurred and is continuing. If a Default is disclosed by a Compliance Certificate, any increase shall be applied beginning as of the end of the fiscal period to which the Compliance Certificate relates.:
(b) 2.7.2 Interest shall accrue and be payable on Prime Rate Advances and Base Rate Advances at the Prime Rate or the Base Rate, respectively, plus the relevant figure shown under "the heading “Prime Rate and Base Rate Advances" Rate” in the table in Section 2.7(a) table. Interest shall accrue and be payable on LIBOR Advances, Daily Simple XXXXX Advances, Overnight Rate Advances and XXXXXXX Advances at the LIBO Rate, Daily Simple XXXXX, Overnight Rate or the EURIBOR Rate, as applicable, plus the relevant figure shown under "Other Advances" the heading “BA/LIBO Rate/Daily Simple XXXXX/XXXXXXX Rate/Overnight Rate” in that the table. The rate for calculation of B/A Bankers’ Acceptance Fees shall be the relevant figure shown under "Other Advances" the heading “BA/LIBO Rate/ Daily Simple XXXXX/EURIBOR Rate/Overnight Rate” in that the table. The rate for calculation of LC L/C Fees for financial Letters of Credit L/Cs other than Non-Financial L/Cs shall be the relevant figure shown under "LC Fee (financial the heading “L/C)" Cs (other than Non-Financial L/Cs”) in that the table. The rate for calculation of LC L/C Fees for performance Letters of Credit Non-Financial L/Cs shall be the relevant figure shown under "LC Fee (performance the heading “Non-Financial L/C)" Cs” in that the table.
(c) The Borrowers shall pay interest and fees at the applicable rate specified in Section 2.7(a) to the Agent at the Branch of Account on Advances outstanding from time to time, except that the B/A Fee for any B/A shall be paid by each Lender deducting the B/A Fee from the proceeds of the B/A remitted to the Agent pursuant to Section 6.8(c) . The Borrowers shall pay interest on Prime Rate Advances and Base Rate Advances on each Interest Payment Date. The Borrowers shall pay interest on each LIBOR Advance on the last day of the applicable LIBOR Period and, if the LIBOR Period is longer than three months, every three months after the date of the relevant LIBOR Advance. The Borrowers shall pay L/C Fees quarterly in arrears on the first Banking Day following each of Hudbay's fiscal quarters.
(d) 2.7.3 The Borrowers shall pay a standby fee on the daily unadvanced portions of the Credit (which for clarity shall, for Main Tranche and the purposes of this Section 2.7(d), be equal to the Maximum Available Amount less any amounts outstanding hereunder) Overdraft Tranche at the relevant rate specified shown under "the heading “Standby Fee" ” in the table in Section 2.7(a) 2.7.1. The standby fee shall be calculated daily beginning on the Effective Date and shall be payable quarterly in arrears on the first third Banking Day following after the end of each of Hudbay's fiscal quartersquarter. On final payment of the ObligationsObligations under the Credit, the Borrowers shall also pay any accrued but unpaid standby fees.
(e) 2.7.4 As of the date of this Agreement and until the delivery by the Borrowers of the Compliance Certificate for ATS’s first quarter of fiscal 2020, interest rates and fees shall be set at Tier II. Thereafter, any increase or decrease in the interest rates and fees resulting from a change in the Total Net Funded Debt to EBITDA Ratio shall be effective as of the date on which a Compliance Certificate concerning the calculation of the ratio was due in respect of the end of each of ATS’ fiscal quarters, except that if a Compliance Certificate is late, any resulting decrease shall be effective only as of the date that a satisfactory Compliance Certificate is actually received by the Agent.
2.7.5 The Agent shall distribute interest and fees for the Credit Main Tranche to the Lenders based on their respective Applicable PercentagesPercentages as adjusted in accordance with Section 5.2. Subject to Section 5.1.2, interest and standby fees for the Overdraft Tranche shall be paid to the Overdraft Lender for its own account. In addition, a fronting fee calculated in the same manner as the L/C Fee but at a rate of [Interest rate redacted] per annum on the amount of each L/C issued under the Credit shall be payable to the Issuing Bank for its own account.
Appears in 1 contract
Interest Rates and Fees. (a) Interest rates on Prime Rate Advances, Base Rate Advances, B/A Equivalent Loans and LIBOR Advances and the rates for calculation of B/A Fees and L/C Fees shall be determined on a Pricing Date in accordance with the table set forth below based on the Total Net Debt to EBITDA Ratio based on the Compliance Certificate delivered in respect of the most recently completed fiscal quarter, as follows: applicable, and the applicable interest rate established on a Pricing Date shall remain in effect until the next Pricing Date. If the Borrower has not delivered its financial statements and Compliance Certificate by the date such financial statements and Compliance Certificate are required to be delivered under Section 8.3 hereof, until such financial statements and Compliance Certificate are delivered, the applicable interest rate/fee shall, on the first day after the latest date by which the Borrower was so required to provide such financial statements and Compliance Certificate, be set at Level V. Each determination of the applicable interest rate/fee made by the Agent in accordance with the foregoing shall be conclusive and binding on the Borrower and the Lenders if reasonably determined. All figures in the table represent per cent per annum. Each of the amounts specified above, other than the standby fees, shall be increased by 2% per annum if a Default has occurred and is continuing. If a Default is disclosed by a Compliance Certificate, any increase shall be applied beginning as of the end of the fiscal period to which the Compliance Certificate relates.
(b) Interest shall accrue and be payable on Prime Rate Advances and Base Rate Advances at the Prime Rate or the Base Rate, respectively, plus the relevant figure shown under "Prime Rate and Base Rate Advances" in the table in Section 2.7(a) 2.6(a). Interest shall accrue and be payable on LIBOR Advances at the LIBO Rate plus the relevant figure shown under "LIBOR/BA and Other Advances" in that table. The rate for calculation of B/A Fees shall be the relevant figure shown under "" LIBOR/BA and Other Advances" in that table. The rate for calculation of LC L/C Fees for financial Letters of Credit shall be the relevant figure shown under "LC L/C Fee (financial L/C)" in that table. The rate for calculation of LC L/C Fees for performance Letters of Credit shall be the relevant figure shown under "LC L/C Fee (performance L/C)" in that table.
(c) The Borrowers Borrower shall pay interest and fees at the applicable rate specified in Section 2.7(a2.6(a) to the Agent at the Branch of Account on Advances outstanding from time to time, except that the B/A Fee for any B/A shall be paid by each Lender deducting the B/A Fee from the proceeds of the B/A remitted to the Agent pursuant to Section 6.8(c) ). The Borrowers Borrower shall pay interest on Prime Rate Advances and Base Rate Advances on each Interest Payment Date. The Borrowers Borrower shall pay interest on each LIBOR Advance on the last day of the applicable LIBOR Period and, if the LIBOR Period is longer than three months, every three months after the date of the relevant LIBOR Advance. The Borrowers Borrower shall pay L/C Fees quarterly in arrears on the first Banking Day following each of Hudbaythe Borrower's fiscal quarters.
(d) The Borrowers Borrower shall pay a standby fee on the daily unadvanced portions of the Credit (which for clarity shall, for the purposes of this Section 2.7(d2.6(d), be equal to the Maximum Available Amount less any amounts outstanding hereunder) at the rate specified under "Standby Fee" in the table in Section 2.7(a) 2.6(a). The standby fee shall be calculated daily beginning on the Effective Date and shall be payable quarterly in arrears on the first Banking Day following each of Hudbaythe Borrower's fiscal quarters. On final payment of the Obligations, the Borrowers Borrower shall also pay any accrued but unpaid standby fees.
(e) The Agent shall distribute interest and fees for the Credit to the Lenders based on their respective Applicable Percentages.
Appears in 1 contract
Interest Rates and Fees. (a) 2.5.1 Interest rates on Prime Rate Advancesrates, Base Rate Advances, B/A Equivalent Loans and LIBOR Advances and the rates for calculation of B/A Bankers’ Acceptance Fees and L/C Fees shall under Credit 1 will be adjusted based on the ratings of the RCI Public Debt and will be as follows: :
2.5.2 Interest rates, Bankers’ Acceptance Fees and L/C Fees under Credit 2 will be adjusted based on the ratings of the RCI Public Debt and will be as follows:
2.5.3 All figures in the table represent per cent per annum. Each of the amounts specified above, other than the standby fees, shall be increased by 2% per annum if a Default has occurred and is continuing. If a Default is disclosed by a Compliance Certificate, any increase shall be applied beginning as of the end of the fiscal period to which the Compliance Certificate relates.
(b) Interest shall accrue and be payable on Prime Rate Advances and Base Rate Advances at shall be the Prime Rate or the Base Rate, respectively, plus the relevant figure shown under "“Prime Rate and + or Base Rate Advances" in +” above. The rate for calculation of Bankers’ Acceptance Fees and L/C Fees shall be the table in Section 2.7(a) relevant figure shown under “LIBOR +, L/C Fee or B/A Fee” above. Interest shall accrue and be payable on LIBOR Advances at shall be the relevant LIBO Rate plus the relevant figure shown under "Other Advances" in that table. The rate for calculation of “LIBOR +, L/C Fee or B/A Fees shall be the relevant figure shown under "Other Advances" in that table. The rate for calculation of LC Fees for financial Letters of Credit shall be the relevant figure shown under "LC Fee (financial L/C)" in that table. The rate for calculation of LC Fees for performance Letters of Credit shall be the relevant figure shown under "LC Fee (performance L/C)" in that tableFee” above.
(c) The Borrowers shall pay 2.5.4 [Redacted – Commercially sensitive information pertaining to interest rates and fees at payable by the applicable rate specified in Section 2.7(a) to Borrower, which are adjusted based on the Agent at the Branch of Account on Advances outstanding from time to time, except that the B/A Fee for any B/A shall be paid by each Lender deducting the B/A Fee from the proceeds ratings of the B/A remitted to the Agent pursuant to Section 6.8(c) . RCI Public Debt.]
2.5.5 The Borrowers Borrower shall pay interest on overdue amounts at the rate then applicable to Prime Rate Advances and Advances, in the case of amounts in Canadian Dollars, or Base Rate Advances Advances, in the case of amounts in US Dollars, plus in each case 2% per annum. Such interest shall be payable on demand.
2.5.6 The Borrower shall pay a fronting fee to the Issuing Bank for its own account on the amount of each Interest Payment DateL/C, except those issued under the TD Tranche, the BNS Tranche and any Additional Swingline Tranche. The Borrowers fronting fee shall pay interest on each LIBOR Advance on be calculated and payable in the last day of same manner as the applicable LIBOR Period and, if the LIBOR Period is longer than three months, every three months after the date of the relevant LIBOR Advance. The Borrowers shall pay L/C Fees quarterly in arrears on the first Banking Day following each Fee but at a rate of Hudbay's fiscal quarters[Redacted] per annum.
(d) 2.5.7 The Borrowers Borrower shall pay a standby fee on the daily unadvanced portions portion of the Credit (which for clarity shallCredits, for taking into account Advances under the purposes TD Tranche, the BNS Tranche and any Additional Swingline Tranche, at a rate that shall be adjusted based on the ratings of this Section 2.7(d), RCI Public Debt and that shall be equal to the Maximum Available Amount less any amounts outstanding hereunder) at the rate as specified under "“Standby Fee" ” in the table in Section 2.7(a) table. The standby fee shall be calculated daily on the basis of a 365/366 day year, beginning on the Effective Date 22 April 2021 and shall be payable quarterly in arrears on the fifth Business Day after the end of each fiscal quarter, with the first Banking Day following each of Hudbay's fiscal quarterspayment to be made on 8 July 2021. On final payment of the Obligations, the Borrowers Borrower shall also pay any accrued but unpaid standby fees.
(e) 2.5.8 The Agent shall promptly distribute interest and fees for the Credit Credits to the Lenders based on their respective Applicable Percentages, adjusted to take into account Advances under the TD Tranche, the BNS Tranche and any Additional Swingline Tranche.
2.5.9 The Borrower shall also pay agency fees to the Agent as agreed with the Agent.
Appears in 1 contract
Interest Rates and Fees. (a) Interest rates on Prime Rate Advances, Base Rate Advances, B/A Equivalent Loans and LIBOR Advances and the rates for calculation of B/A Fees and L/C Fees shall be determined on a Pricing Date in accordance with the table set forth below based on the Total Net Debt to EBITDA Ratio based on the Compliance Certificate delivered in respect of the most recently completed fiscal quarter, as follows: applicable, and the applicable interest rate established on a Pricing Date shall remain in effect until the next Pricing Date. If the Borrower has not delivered its financial statements and Compliance Certificate by the date such financial statements and Compliance Certificate are required to be delivered under Section 8.3 hereof, until such financial statements and Compliance Certificate are delivered, the applicable interest rate shall, on the first day after the latest date by which the Borrower was so required to provide such financial statements and Compliance Certificate, be set at the highest interest rate. Each determination of the applicable interest rate made by the Agent in accordance with the foregoing shall be conclusive and binding on the Borrower and the Lenders if reasonably determined. Notwithstanding anything to the contrary in this Section 2.6, for the purpose of determining the interest rate applicable from the Effective Date until the delivery of the financial statements and Compliance Certificate in respect of the fiscal quarter ending on or about March 31, 2017, the Total Net Debt to EBITDA Ratio shall be deemed to be greater than 2.5:1.0. All figures in the table represent per cent per annum. Each of the amounts specified above, other than the standby fees, shall be increased by 2% per annum if a Default has occurred and is continuing. If a Default is disclosed by a Compliance Certificate, any increase shall be applied beginning as of the end of the fiscal period to which the Compliance Certificate relates.
(b) Interest shall accrue and be payable on Prime Rate Advances and Base Rate Advances at the Prime Rate or the Base Rate, respectively, plus the relevant figure shown under "Prime Rate and Base Rate Advances" in the table in Section 2.7(a2.6(a) . Interest shall accrue and be payable on LIBOR Advances at the LIBO Rate plus the relevant figure shown under "LIBOR/BA and Other Advances" in that table. The rate for calculation of B/A Fees shall be the relevant figure shown under "" LIBOR/BA and Other Advances" in that table. The rate for calculation of LC L/C Fees for financial Letters of Credit shall be the relevant figure shown under "LC L/C Fee (financial L/C)" in that table. The rate for calculation of LC L/C Fees for performance Letters of Credit shall be the relevant figure shown under "LC L/C Fee (performance L/C)" in that table.
(c) The Borrowers Borrower shall pay interest and fees at the applicable rate specified in Section 2.7(a2.6(a) to the Agent at the Branch of Account on Advances outstanding from time to time, except that the B/A Fee for any B/A shall be paid by each Lender deducting the B/A Fee from the proceeds of the B/A remitted to the Agent pursuant to Section 6.8(c) . The Borrowers Borrower shall pay interest on Prime Rate Advances and Base Rate Advances on each Interest Payment Date. The Borrowers Borrower shall pay interest on each LIBOR Advance on the last day of the applicable LIBOR Period and, if the LIBOR Period is longer than three months, every three months after the date of the relevant LIBOR Advance. The Borrowers Borrower shall pay L/C Fees quarterly in arrears on the first Banking Day following each of Hudbaythe Borrower's fiscal quarters.
(d) The Borrowers Borrower shall pay a standby fee on the daily unadvanced portions of the Credit (which for clarity shall, for the purposes of this Section 2.7(d2.6(d), be equal to the Maximum Available Amount less any amounts outstanding hereunder) at the rate specified under "Standby Fee" in the table in Section 2.7(a2.6(a) . The standby fee shall be calculated daily beginning on the Effective Date and shall be payable quarterly in arrears on the first Banking Day following each of Hudbaythe Borrower's fiscal quarters. On final payment of the Obligations, the Borrowers Borrower shall also pay any accrued but unpaid standby fees.
(e) The Agent shall distribute interest and fees for the Credit to the Lenders based on their respective Applicable Percentages.
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Interest Rates and Fees. (a) Interest rates on Prime Rate Advances, Base Rate Advances, B/A Equivalent Loans and LIBOR Advances and the rates for calculation of B/A Fees and L/C Fees shall be determined and adjusted based on the Leverage Ratio as follows: Greater than 3.25 to 1 [Redacted – Commercially sensitive information] [Redacted – Commercially sensitive information] [Redacted – Commercially sensitive information] Greater than 2.50 to 1 but less than or equal to 3.25 to 1 [Redacted – Commercially sensitive information] [Redacted – Commercially sensitive information] [Redacted – Commercially sensitive information] Greater than 1.75 to 1 but less than or equal to 2.50 to 1 [Redacted – Commercially sensitive information] [Redacted – Commercially sensitive information] [Redacted – Commercially sensitive information] Greater than 1.00 to 1 but less than or equal to 1.75 to 1 [Redacted – Commercially sensitive information] [Redacted – Commercially sensitive information] [Redacted – Commercially sensitive information] Less than or equal to 1.00 to 1 [Redacted – Commercially sensitive information] [Redacted – Commercially sensitive information] [Redacted – Commercially sensitive information] All figures in the table represent per cent per annum. Each of the amounts specified above, other than the standby feesStandby Fees, shall be increased by 2% [Redacted – commercially sensitive information] per annum if a Default has occurred and is continuing. If a Default is disclosed by a Compliance Certificate, any increase shall be applied beginning as of the end of the fiscal period to which the such Compliance Certificate relates.
(b) Interest shall accrue and be payable on Prime Rate Advances and Base Rate Advances at the Prime Rate or the Base Rate, respectively, plus the relevant figure shown under "“Prime Rate and Base Rate Advances" ” in the table in Section 2.7(a) 2.5(a). Interest shall accrue and be payable on LIBOR Advances at the LIBO Rate plus the relevant figure shown under "Other “LIBOR Advances" , L/Cs and B/As” in that table. The rate for calculation of B/A Fees and L/C Fees shall be the relevant figure shown under "Other “LIBOR Advances" , L/Cs and B/As” in that table. The rate for calculation Interest on Prime Rate Advances and payment of LC the B/A Fees for financial Letters of Credit shall be paid by the relevant figure shown under "LC Fee (financial Borrower in Canadian Dollars. Interest on Base Rate Advances and LIBOR Advances shall be paid by the Borrower in US Dollars. L/C)" in that table. The rate for calculation of LC C Fees for performance Letters of Credit shall be paid by the relevant figure shown under "LC Fee (performance Borrower in the currency of the corresponding L/C)" in that table.C.
(c) The Borrowers Borrower shall pay interest and fees at the applicable rate specified in Section 2.7(a2.5(a) to the Agent at the Branch of Account on Advances outstanding from time to time, except that the B/A Fee for any B/A shall be paid by each Lender deducting the B/A Fee from the proceeds of the B/A remitted to the Agent pursuant to Section 6.8(c) ). The Borrowers Borrower shall pay interest on Prime Rate Advances and Base Rate Advances on each Interest Payment Date. The Borrowers Borrower shall pay interest on each LIBOR Advance on the last day of the applicable LIBOR Period and, if the LIBOR Period is longer than three months, every three months after the date of the relevant LIBOR Advance. The Borrowers Borrower shall pay L/C Fees quarterly in arrears on the first Banking Day following each of Hudbay's fiscal quartersFiscal Quarter.
(d) The Borrowers Borrower shall pay a standby fee (the “Standby Fee”) in US Dollars on the daily unadvanced portions of the Credit (which for clarity shall, for at a rate that shall be adjusted based on the purposes of this Section 2.7(d), Leverage Ratio and that shall be equal to the Maximum Available Amount less any amounts outstanding hereunder) at the rate as specified under "“Standby Fee" ” in the table in Section 2.7(a) 2.5(a). The standby fee Standby Fee shall be calculated daily beginning on the Effective Date date hereof and shall be payable quarterly in arrears on the first Banking Day following each of Hudbay's fiscal quartersFiscal Quarter. On final payment of the Obligations, the Borrowers Borrower shall also pay any accrued but unpaid standby feesStandby Fees.
(e) The Any increase or decrease in the interest rates and fees resulting from a change in the Leverage Ratio shall be effective as of the date on which a Compliance Certificate concerning the calculation of the ratio was due, except that if a Compliance Certificate is late, the Leverage Ratio shall be deemed to be greater than 3.00 to 1 and any resulting decrease shall be effective only as of the date that a satisfactory Compliance Certificate is actually received by the Agent. Interest rates and fees shall initially be established based on the Compliance Certificate delivered under Section 5.1(e). B/A Fees paid before the effective date of an increase or decrease will not be adjusted.
(f) Subject to Section 6.8(a), the Agent shall distribute interest and fees for the Credit to the Lenders based on their respective Applicable Percentages.
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Interest Rates and Fees. (a) 2.7.1 Interest rates on Prime Rate Advances, Base Rate Advances, B/A Equivalent Loans and LIBOR LIBORSOFR Advances, Daily Simple XXXXX xxxXxxxxxxx, XXXXXXX Advances and and, the rates for calculation of B/A Fees and Bankers’ Acceptance Fees., L/C Fees and the standby fee under the Credit shall be determined and adjusted based on the Total Net Funded Debt to EBITDA Ratio as follows: All figures in the table represent per cent per annum. Each of the amounts specified above, other than the standby fees, shall be increased by 2% per annum if a Default has occurred and is continuing. If a Default is disclosed by a Compliance Certificate, any increase shall be applied beginning as of the end of the fiscal period to which the Compliance Certificate relates.:
(b) 2.7.2 Interest shall accrue and be payable on Prime Rate Advances and Base Rate Advances at the Prime Rate or the Base Rate, respectively, plus the relevant figure shown under "the heading “Prime Rate and Base Rate Advances" Rate” in the table in Section 2.7(a) table. Interest shall accrue and be payable on LIBOR LIBORSOFR Advances, Daily Simple XXXXX Advances, Overnight Rate Advances and XXXXXXX Advances at the LIBO LIBOTerm SOFR Reference Rate, Daily Simple XXXXX, Overnight Rate or the EURIBOR Rate, as applicable, plus the relevant figure shown under "Other Advances" the heading “BA/LIBOTerm SOFR Reference Rate / Daily Simple XXXXX / XXXXXXX Rate / Overnight Rate” in that the table. The rate for calculation of B/A Bankers’ Acceptance Fees shall be the relevant figure shown under "Other Advances" the heading “BA/LIBOTerm SOFR Reference Rate / Daily Simple XXXXX /EURIBOR Rate/Overnight Rate” in that the table. The rate for calculation of LC L/C Fees for financial Letters of Credit L/Cs other than Non-Financial L/Cs shall be the relevant figure shown under "LC Fee (financial the heading “L/C)" Cs (other than Non-Financial L/Cs”) in that the table. The rate for calculation of LC L/C Fees for performance Letters of Credit Non-Financial L/Cs shall be the relevant figure shown under "LC Fee (performance the heading “Non-Financial L/C)" Cs” in that the table.
(c) The Borrowers shall pay interest and fees at the applicable rate specified in Section 2.7(a) to the Agent at the Branch of Account on Advances outstanding from time to time, except that the B/A Fee for any B/A shall be paid by each Lender deducting the B/A Fee from the proceeds of the B/A remitted to the Agent pursuant to Section 6.8(c) . The Borrowers shall pay interest on Prime Rate Advances and Base Rate Advances on each Interest Payment Date. The Borrowers shall pay interest on each LIBOR Advance on the last day of the applicable LIBOR Period and, if the LIBOR Period is longer than three months, every three months after the date of the relevant LIBOR Advance. The Borrowers shall pay L/C Fees quarterly in arrears on the first Banking Day following each of Hudbay's fiscal quarters.
(d) 2.7.3 The Borrowers shall pay a standby fee on the daily unadvanced portions of the Credit (which for clarity shall, for Main Tranche and the purposes of this Section 2.7(d), be equal to the Maximum Available Amount less any amounts outstanding hereunder) Overdraft Tranche at the relevant rate specified shown under "the heading “Standby Fee" ” in the table in Section 2.7(a) 2.7.1. The standby fee shall be calculated daily beginning on the Effective Date and shall be payable quarterly in arrears on the first third Banking Day following after the end of each of Hudbay's fiscal quartersquarter. On final payment of the ObligationsObligations under the Revolving Credit, the Borrowers shall also pay any accrued but unpaid standby fees.
(e) 2.7.4 As of the date of this Agreement and until the delivery by the Borrowers of the Compliance Certificate for ATS’s firstsecond quarter of fiscal 2020year 2023, interest rates and fees shall be set at Tier IIIV. Thereafter, any increase or decrease in the interest rates and fees resulting from a change in the Total Net Funded Debt to EBITDA Ratio shall be effective as of the date on which a Compliance Certificate concerning the calculation of the ratio was due in respect of the end of each of ATS’ fiscal quarters, except that if a Compliance Certificate is late, any resulting decrease shall be effective only as of the date that a satisfactory Compliance Certificate is actually received by the Agent.
2.7.5 The Agent shall distribute interest and fees for the Main Tranche to the Revolving Lenders based on their respective Applicable Percentages as adjusted in accordance with Section 5.2. Subject to Section 5.1.2, interest and standby fees for the Overdraft Tranche shall be paid to the Overdraft Lender for its own account. In addition, a fronting fee calculated in the same manner as the L/C Fee but at a rate of [Interest rate redacted] per annum on the amount of each L/C issued under the Revolving Credit shall be payable to the Issuing Bank for its own account. The Agent shall distribute interest and fees for the Term Credit to the Term Lenders based on their respective Applicable Percentages.
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Interest Rates and Fees. (a) Interest rates on Prime Rate Advances, Base Rate Advances, B/A Equivalent Loans Advances and LIBOR Advances and the rates for calculation of B/A Fees and L/C Fees shall be as follows: All figures in the table represent per cent per annum. Each of the amounts specified above, other than the standby fees, shall be increased by 2% per annum if a Default has occurred and is continuing. If a Default is disclosed by a Compliance Certificate, any increase shall be applied beginning as of the end of the fiscal period to which the Compliance Certificate relates.
(b) Interest shall accrue and be payable on Prime Rate Advances and Base Rate Advances at the Prime Rate or the Base Rate, respectively, plus the relevant figure shown under "Prime Rate and Base Rate Advances" in the table in Section 2.7(a2.6(a) . Interest shall accrue and be payable on LIBOR Advances at the LIBO Rate plus the relevant figure shown under "Other Advances" in that table. The rate for calculation of BL/A Fees shall be the relevant figure shown under "Other Advances" in that table. The rate for calculation of LC C Fees for financial Financial Letters of Credit shall be the relevant figure shown under "LC L/C Fee (financial Financial L/C)" in that table. The rate for calculation of LC L/C Fees for performance Performance Letters of Credit shall be the relevant figure shown under "LC L/C Fee (performance Performance L/C)" in that table.
(c) The Borrowers Borrower shall pay interest and fees at the applicable rate specified in Section 2.7(a2.6(a) to the Agent at the Branch of Account on Advances outstanding from time to time, except that the B/A Fee for any B/A shall be paid by each Lender deducting the B/A Fee from the proceeds of the B/A remitted to the Agent pursuant to Section 6.8(c) . The Borrowers Borrower shall pay interest on Prime Rate Advances and Base Rate Advances on each Interest Payment Date. The Borrowers Borrower shall pay interest on each LIBOR Advance on the last day of the applicable LIBOR Period and, if the LIBOR Period is longer than three months, every three months after the date of the relevant LIBOR Advance. The Borrowers Borrower shall pay L/C Fees quarterly in arrears on the first Banking Day following each of Hudbay's fiscal quarters.
(d) The Borrowers Borrower shall pay a standby fee on the daily unadvanced portions of the Credit (which for clarity shall, for the purposes of this Section 2.7(d2.6(d), be equal to the Maximum Available Amount less any amounts outstanding hereunder) at the rate specified under "Standby Fee" in the table in Section 2.7(a2.6(a) . The standby fee shall be calculated daily beginning on the Effective Date and shall be payable quarterly in arrears on the first Banking Day following each of Hudbay's fiscal quarters. On final payment of the Obligations, the Borrowers Borrower shall also pay any accrued but unpaid standby fees.
(e) The Agent shall distribute interest and fees for the Credit to the Lenders based on their respective Applicable Percentages.
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