Common use of LC Facility Fees Clause in Contracts

LC Facility Fees. The relevant Borrower shall pay (i) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of standby Letters of Credit pursuant to the terms of this Agreement, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day of each calendar quarter; (ii) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Documentary Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of documentary Letters of Credit pursuant to the terms of this Agreement, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day of each calendar quarter; and (iii) to the applicable Issuing Bank, for its own account, a fronting fee calculated at a rate of 0.125% per annum on the maximum amount available to be drawn by the Borrowers in respect of Letters of Credit issued by such Issuing Bank pursuant to the terms of this Agreement, which fee shall be payable quarterly in arrears of the first Business Day of each calendar quarter and (iv) to each Issuing Bank, for its own account, all other customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and during the continuance of an Event of Default, the fees payable under clauses (i) and (ii) shall accrue interest at the Default Rate. Notwithstanding anything to the contrary set forth herein, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted by Applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Fee, if any, payable to the Issuing Bank for its own account.

LC Facility Fees. (a) The relevant Borrower U.S. Borrowers shall pay (i) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees LIBOR Loans times the maximum average daily stated amount available to be drawn by the Borrower in respect of standby outstanding U.S. Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day day of each calendar quarterFiscal Quarter; (iib) the Canadian Borrower shall pay to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate Applicable Margin in effect for LIBOR Loans times the average daily stated amount of outstanding Canadian Letters of Credit denominated in Dollars, which fee shall be payable in arrears, on the first day of each Fiscal Quarter; (c) the Canadian Borrower shall pay to the Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the Applicable Margin in effect for Documentary Letter of Credit Fees B/A Equivalent Loans times the maximum average daily stated amount available to be drawn by the Borrower in respect of documentary outstanding Canadian Letters of Credit pursuant to the terms of this Agreementdenominated in Canadian Dollars, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day day of each calendar quarterFiscal Quarter; and (iiid) the German Borrowers shall pay to the Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the Applicable Margin in effect for LIBOR Loans times the average daily stated amount of outstanding German Letters of Credit denominated in Dollars, which fee shall be payable in arrears, on the first day of each Fiscal Quarter; (e) the German Borrowers shall pay to the Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the Applicable Margin in effect for LIBOR Loans times the average daily stated amount of outstanding German Letters of Credit denominated in Euros, which fee shall be payable in arrears, on the first day of each Fiscal Quarter; (f) the applicable Borrowers shall pay to the applicable Issuing Bank, for its own account, a fronting fee calculated at a rate not in excess of 0.125% per annum on of the maximum stated amount available to be drawn by the Borrowers in respect of Letters each Letter of Credit issued by such Issuing Bank pursuant to the terms of this AgreementCredit, which fee shall be payable quarterly in arrears of arrears, on the first Business Day day of each calendar quarter Fiscal Quarter; and (ivg) the applicable Borrowers shall pay to each the applicable Issuing Bank, for its own account, all other customary charges associated with the issuance, registration, amending, negotiating, payment, processing, transfer and administration of Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and during the continuance of an Event of Default, the fees payable under clauses (i) and (ii) shall accrue interest at the Default Rate. Notwithstanding anything to the contrary set forth herein, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted by Applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Fee, if any, payable to the Issuing Bank for its own accountincurred upon demand.

LC Facility Fees. The relevant Borrower (a) U.S. Borrowers shall pay (i) to the Applicable Agent, for the Pro Rata benefit of the Applicable U.S. Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees LIBOR Loans times the maximum amount available to be drawn by the Borrower in respect average daily Stated Amount of standby U.S. Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day day of each calendar quarter; (ii) to the Applicable Agentapplicable U.S. Issuing Bank, for the Pro Rata benefit of the Applicable Lendersits own account, a fronting fee equal to the 0.125% per annum rate on the Stated Amount of the Applicable Margin in effect for Documentary each U.S. Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of documentary Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day day of each calendar quarter; and (iii) to the applicable Issuing Bank, for its own account, a fronting fee calculated at a rate of 0.125% per annum on the maximum amount available to be drawn by the Borrowers in respect of Letters of Credit issued by such Issuing Bank pursuant to the terms of this Agreement, which fee shall be payable quarterly in arrears of the first Business Day of each calendar quarter and (iv) to each U.S. Issuing Bank, for its own account, all other customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of U.S. Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and during the continuance of During an Event of Default, the fees fee payable under clauses clause (i) and shall be increased by 2.0% per annum to the extent the Default Rate is applied pursuant to Section 3.1.1(b) hereof. (b) Canadian Borrowers shall pay (i) to Agent, for the Pro Rata benefit of Canadian Lenders, a fee equal to the Applicable Margin for LIBOR Loans times the average daily Stated Amount of Canadian Letters of Credit, which fee shall be payable quarterly in arrears, on the first day of each calendar quarter; (ii) shall accrue interest at the Default Rate. Notwithstanding anything to the contrary set forth hereinapplicable Canadian Issuing Bank, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted by Applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Fee, if any, payable to the Issuing Bank for its own account, a fronting fee equal to 0.125% per annum on the Stated Amount of each Canadian Letter of Credit, which fee shall be payable quarterly in arrears, on the first day of each calendar quarter; and (iii) to the applicable Canadian Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Canadian Letters of Credit, which charges shall be paid as and when incurred. During an Event of Default, the fee payable under clause (i) shall be increased by 2.0% per annum to the extent the Default Rate is applied pursuant to Section 3.1.1(b) hereof.

LC Facility Fees. The relevant Borrower (a) U.S. Borrowers shall pay (i) to the Applicable Agent, for the Pro Rata benefit of the Applicable U.S. Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees LIBOR Loans times the maximum amount available to be drawn by the Borrower in respect average daily Stated Amount of standby U.S. Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly monthly in arrears, on the first Business Day day of each calendar quartermonth; (ii) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Documentary Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of documentary Letters of Credit pursuant to the terms of this Agreement, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day of each calendar quarter; and (iii) to the applicable U.S. Issuing Bank, for its own account, a fronting fee calculated at a rate of equal to 0.125% per annum on the maximum amount available to be drawn by the Borrowers in respect Stated Amount of Letters each U.S. Letter of Credit issued by such U.S. Issuing Bank pursuant to the terms of this AgreementBank, which fee shall be payable quarterly monthly in arrears of arrears, on the first Business Day day of each calendar quarter month; and (iviii) to each U.S. Issuing Bank, for its own account, all other customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of U.S. Letters of Credit issued by such U.S. Issuing Bank, which charges shall be paid as and when incurred. If during an Event of Default the Default Rate applies to U.S. Loans, the fee payable under clause (i) shall be increased by 2% per annum. (b) Foreign Borrowers shall pay (i) to Agent, for the Pro Rata benefit of Foreign Lenders, a fee equal to the Applicable Margin in effect for LIBOR Loans times the average daily Stated Amount of Foreign Letters of Credit, which fee shall be payable monthly in arrears, on the first day of each month; (ii) to Foreign Issuing Bank, for its own account, a fronting fee equal to 0.125% per annum on the Stated Amount of each Foreign Letter of Credit, which fee shall be payable monthly in arrears, on the first day of each month; and (iii) to Foreign Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Foreign Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and If during the continuance of an Event of DefaultDefault the Default Rate applies to Foreign Loans, the fees fee payable under clauses clause (i) and (ii) shall accrue interest at the Default Rate. Notwithstanding anything to the contrary set forth herein, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted increased by Applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Fee, if any, payable to the Issuing Bank for its own account2% per annum.

LC Facility Fees. The relevant Borrower (a) U.S. Borrowers shall pay (i) to the Applicable Agent, for the Pro Rata benefit of the Applicable U.S. Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees Interest Period Loans times the maximum amount available to be drawn by the Borrower in respect average daily Stated Amount of standby U.S. Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly monthly in arrears, on the first Business Day day of each calendar quartermonth; (ii) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Documentary Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of documentary Letters of Credit pursuant to the terms of this Agreement, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day of each calendar quarter; and (iii) to the applicable U.S. Issuing Bank, for its own account, a fronting fee calculated at a rate of equal to 0.125% per annum on the maximum amount available to be drawn by the Borrowers in respect Stated Amount of Letters each U.S. Letter of Credit issued by such U.S. Issuing Bank pursuant to the terms of this AgreementBank, which fee shall be payable quarterly monthly in arrears of arrears, on the first Business Day day of each calendar quarter month; and (iviii) to each U.S. Issuing Bank, for its own account, all other customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of U.S. Letters of Credit issued by such U.S. Issuing Bank, which charges shall be paid as and when incurred. If during an Event of Default the Default Rate applies to U.S. Loans, the fee payable under clause (i) shall be increased by 2% per annum. (b) Foreign Borrowers shall pay (i) to Agent, for the Pro Rata benefit of Foreign Lenders, a fee equal to the Applicable Margin in effect for Interest Period Loans times the average daily Stated Amount of Foreign Letters of Credit, which fee shall be payable monthly in arrears, on the first day of each month; (ii) to Foreign Issuing Bank, for its own account, a fronting fee equal to 0.125% per annum on the Stated Amount of each Foreign Letter of Credit, which fee shall be payable monthly in arrears, on the first day of each month; and (iii) to Foreign Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Foreign Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and If during the continuance of an Event of DefaultDefault the Default Rate applies to Foreign Loans, the fees fee payable under clauses clause (i) and (ii) shall accrue interest at the Default Rate. Notwithstanding anything to the contrary set forth herein, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted increased by Applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Fee, if any, payable to the Issuing Bank for its own account2% per annum.

LC Facility Fees. The relevant Borrower (a) U.S. Borrowers shall pay (i) to the Applicable Agent, for the Pro Rata benefit of the Applicable U.S. Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees LIBOR Loans times the maximum amount available to be drawn by the Borrower in respect average daily Stated Amount of standby U.S. Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly monthly in arrears, on the first Business Day day of each calendar quartermonth; (ii) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Documentary Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of documentary Letters of Credit pursuant to the terms of this Agreement, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day of each calendar quarter; and (iii) to the applicable U.S. Issuing Bank, for its own account, a fronting fee calculated at a rate of equal to 0.125% per annum on the maximum amount available to be drawn by the Borrowers in respect Stated Amount of Letters each U.S. Letter of Credit issued by such U.S. Issuing Bank pursuant to the terms of this AgreementBank, which fee shall be payable quarterly monthly in arrears of arrears, on the first Business Day day of each calendar quarter month; and (iviii) to each U.S. Issuing Bank, for its own account, all other customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of U.S. Letters of Credit issued by such U.S. Issuing Bank, which charges shall be paid as and when incurred. If during an Event of Default the Default Rate applies to U.S. Loans, the fee payable under clause (i) shall be increased by 2% per annum. (b) Foreign Borrowers shall pay (i) to Agent, for the Pro Rata benefit of Foreign Lenders, a fee equal to the Applicable Margin in effect for LIBOR Loans times the average daily Stated Amount of Foreign Letters of Credit, which fee shall be payable monthly in arrears, on the first day of each month; (i) to Foreign Issuing Bank, for its own account, a fronting fee equal to 0.125% per annum on the Stated Amount of each Foreign Letter of Credit, which fee shall be payable monthly in arrears, on the first day of each month; and (iii) to Foreign Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Foreign Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and If during the continuance of an Event of DefaultDefault the Default Rate applies to Foreign Loans, the fees fee payable under clauses clause (i) and (ii) shall accrue interest at the Default Rate. Notwithstanding anything to the contrary set forth herein, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted increased by Applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Fee, if any, payable to the Issuing Bank for its own account2% per annum.