Common use of LC Fee Clause in Contracts

LC Fee. The Principal Borrower shall pay to the Agent for the account of the Working Capital Facility Lenders, pro rata in accordance with the amount of each Working Capital Facility Lender’s Working Capital Commitment, a Letter of Credit issuance fee (the “LC Fee”) for each Letter of Credit issued at the request of the Principal Borrower calculated at a rate per 365 or 366 day period, as applicable, equal to the Applicable Margin multiplied by 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, however, that any LC Fees 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 applicable Fronting Lender pursuant to Section 16.11(d) shall be payable, to the maximum extent permitted by Applicable Law, to the other Working Capital Facility Lenders in accordance with the upward adjustments in their respective Applicable Percentages allocable to such Letter of Credit pursuant to Section 16.11(d), with the balance of such fee, if any, payable to the applicable Fronting Lender for its own account. The LC Fee shall be payable quarterly in arrears on the fifth Banking Day of each Fiscal Quarter following the issuance of the relevant Letter of Credit and upon termination or cancellation of the Total Working Capital Facility Commitment and following receipt of a written notice from the Agent setting out the amount of such fee.

Appears in 3 contracts

Samples: Assignment and Assumption (Kinder Morgan, Inc.), Assignment and Assumption (Kinder Morgan, Inc.), Credit Agreement

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LC Fee. The Principal Borrower shall pay to the Agent for the account of the Working Capital Facility Lenders, pro rata in accordance with the amount of each Working Capital Facility Lender’s Working Capital Commitment, a Letter of Credit issuance fee (the “LC Fee”) for each Letter of Credit issued at the request of the Principal Borrower calculated at a rate per 365 or 366 day period, as applicable, equal to the Applicable Margin multiplied by 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, however, that any LC Fees 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 applicable Fronting Lender pursuant to Section 16.11(d) shall be payable, to the maximum extent permitted by Applicable Law, to the other Working Capital Facility Lenders in accordance with the upward adjustments in their respective Applicable Percentages allocable to such Letter of Credit pursuant to Section 16.11(d), with the balance of such fee, if any, payable to the applicable Fronting Lender for its own account. The LC Fee shall be payable quarterly in arrears on the fifth Banking Day of each Fiscal Quarter following the issuance of the relevant Letter of Credit and upon termination or cancellation of the Total Working Capital Facility Commitment and following receipt of a written notice from the Agent setting out the amount of such fee.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Canada LTD)

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LC Fee. The Principal Borrower shall pay to the Agent for the account of the Working Capital Facility applicable Lenders, pro rata in accordance with the amount of each Working Capital Facility Lender’s Working Capital CommitmentCommitment under the applicable Tranche, a Letter of Credit issuance fee (the “LC Fee”) for each Letter of Credit issued at the request of the Principal Borrower calculated at a rate per 365 or 366 day period, as applicable, equal to the Applicable Margin multiplied by the daily maximum amount then available to be drawn under such Letter of Credit (whether Exhibit 10.1 57 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, however, that any LC Fees 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 applicable Fronting Lender pursuant to Section 16.11(d15.11(d) shall be payable, to the maximum extent permitted by Applicable Law, to the other Working Capital Facility Lenders in accordance with the upward adjustments in their respective Applicable Percentages allocable to such Letter of Credit pursuant to Section 16.11(d15.11(d), with the balance of such fee, if any, payable to the applicable Fronting Lender for its own account. The LC Fee shall be payable quarterly in arrears on the fifth Banking Day of each Fiscal Quarter following the issuance of the relevant Letter of Credit and upon termination or cancellation of the Total Working Capital Facility Commitment and following receipt of a written notice from the Agent setting out the amount of such fee.

Appears in 1 contract

Samples: Assignment and Assumption (Kinder Morgan Canada LTD)

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