Common use of Letter of Credit and LC Guaranty Fees Clause in Contracts

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to Agent: (i) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 3 contracts

Samples: Loan and Security Agreement (Neenah Foundry Co), Loan and Security Agreement (Neenah Foundry Co), Loan and Security Agreement (Neenah Foundry Co)

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Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to Agent: (i) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance issuance, processing and administration thereof, which fees and charges shall be deemed fully earned upon issuance (or as advised by Agent or Bank) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month (or as advised by Agent or Bank) and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided provided, that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance issuance, processing and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC GuarantyGuaranty (or as advised by Agent or Bank), shall be due and payable in arrears on the first Business Day of each monthmonth (or as advised by Agent or Bank), and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided provided, that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;; and (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of AgentGuaranties, for the account of Agent only, a per annum fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit IssuerAgreement, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 2 contracts

Samples: Loan and Security Agreement (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De)

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to Agent: (i) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Revolving Portions multiplied by the weighted average daily balance of the aggregate undrawn face available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance issuance, processing and administration thereof, which fees and charges shall be deemed fully earned upon issuance (or as advised by Agent or Bank) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month (or as advised by Agent or Bank) and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided provided, that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Revolving Portions multiplied by the weighted average daily balance of the aggregate undrawn face available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance issuance, processing and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC GuarantyGuaranty (or as advised by Agent or Bank), shall be due and payable in arrears on the first Business Day of each monthmonth (or as advised by Agent or Bank), and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided provided, that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;; and (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of AgentGuaranties, for the account of Agent only, a per annum fronting fee equal to 0.1250.25% per annum of the weighted average daily balance of the aggregate undrawn face available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit IssuerAgreement, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 2 contracts

Samples: Loan and Security Agreement (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De)

Letter of Credit and LC Guaranty Fees. Borrowers Borrower shall jointly and severally pay to Agent: (i) Lender for standby Letters each Letter of Credit and LC Guaranties Guaranty of standby letters a Letter of creditCredit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance two percent (2.0%) per annum of the aggregate undrawn face amount of such Letters of Credit (if issued by Lender) and the LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or each such LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration full upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided ." 2.07 NO TERMINATION OF LOAN AGREEMENT EFFECTIVE UNTIL ALL LETTERS OF CREDIT AND ALL LC GUARANTIES HAVE EXPIRED OR BEEN CASH COLLATERALIZED. Effective as of the date of execution of this Amendment, Borrower and Lender hereby agree that at any time that in addition to the Default Rate is in effectother provisions of the Loan Agreement, no termination by Borrowers of the fee applicable under this subsection Loan Agreement shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to effective until all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, Lender for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit Borrower and all LC Guaranties outstanding from time have expired or been cash collateralized on a dollar-for-dollar basis to time during Lender's satisfaction or are covered by an irrevocable letter of credit, issued for the term benefit of this Agreement issued by such PersonLender, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuerfinancial institution acceptable to Lender, for the account of such Letter of Credit Issuer only, a fronting fee equal and in form and substance acceptable to 0.125% per annum Lender. 2.08 AMENDMENT TO SECTION 11.3 OF THE LOAN AGREEMENT; ADDITION OF NEW SECTION 11.3(F). Effective as of the weighted average daily balance date of execution of this Amendment, Section 11.3 of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time Loan Agreement is amended by adding thereto a new Section 11.3(F) to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly read in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.its entirety as follows:

Appears in 1 contract

Samples: Loan and Security Agreement (DXP Enterprises Inc)

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to Agent: (i) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders Lenders, a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of each such Letter of Credit or LC Guaranty, payable upon the issuance of such Letter of Credit or execution of such LC Guaranty and an additional fee equal to the Applicable Margin per annum of the face amount of such Letters of Credit or LC Guaranty payable upon each renewal thereof and LC Guaranties outstanding from time to time during the term of this Agreement, each extension thereof plus all normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of AgentGuaranties, for the account of Agent only, a per annum fronting fee equal to 0.125% per annum one‑quarter of the weighted average daily balance one percent (¼%) of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such PersonAgreement, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (Mfri Inc)

Letter of Credit and LC Guaranty Fees. Borrowers Borrower shall jointly and severally pay to Agent: (i) for (x) a standby Letter of Credit issued in favor of Entergy Corporation in a face amount not in excess of $3,000,000, a per annum fee for the ratable benefit of Lenders equal to two percent (2.00%) of the aggregate undrawn available amount of such Letter of Credit outstanding from time to time during the term of this Agreement, and (y) other standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus in each case all normal and customary charges associated with the issuance issuance, processing and administration thereof, which fees and charges shall be deemed fully earned upon issuance (or as advised by Agent or Bank) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month (or as advised by Agent or Bank) and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders Lenders, a per annum fee (calculated for the number of months that such documentary Letters of Credit or LC Guaranties are to be outstanding) equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of each such Letters Letter of Credit and or LC Guaranties outstanding from time to time during Guaranty, payable upon the term issuance of this Agreementsuch Letter of Credit or execution of such LC Guaranty, plus all normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC GuarantyGuaranty (or as advised by Agent or Bank), shall be due and payable in arrears on the first Business Day of each monthmonth (or as advised by Agent or Bank), and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;; and (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of AgentCredit, for the account of Agent onlythe Issuing Bank, a one-time fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such PersonCredit, which fronting fees shall be due and payable monthly in arrears on at the first Business Day time of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount issuance of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (Bayou Steel Corp)

Letter of Credit and LC Guaranty Fees. Borrowers Borrower shall jointly and severally pay to AgentAgent either for its benefit or the ratable benefit of Lenders, as provided below: (i) for standby Letters of Credit and LC Guaranties of standby letters Letters of creditCredit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance per annum of the aggregate undrawn face available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereofthereof (including, without limitation, a fronting fee in the amount of one-eighth of one percent (?%) of the maximum face amount of the applicable Letter of Credit or LC Guaranty), which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (ii) for documentary Letters of Credit and LC Guaranties of documentary letters Letters of creditCredit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance per annum of the aggregate undrawn face available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance and administration thereof (including, without limitation, a fronting fee in the amount of each such one-eighth of one percent (?%) of the maximum face amount of the applicable Letter of Credit or LC Guaranty (Guaranty), which fees and charges shall be deemed fully earned upon issuance, renewal or extension (as the case may be) issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iviii) Normal and customary charges associated with respect to all the issuance of Letters of Credit and or LC Guaranties issued by a Letter of Credit Issuer(including, without limitation, any fronting fee) shall be paid to Agent for its own benefit. All other amounts paid to Agent pursuant to this Section 2.4 shall be payable to Agent for the account ratable benefit of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reasonLenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Home Products International Inc)

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to Agent: (i) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders Lenders, a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of each such Letter of Credit or LC Guaranty, payable upon the issuance of such Letter of Credit or execution of such LC Guaranty and an additional fee equal to the Applicable Margin per annum of the face amount of such Letters of Credit or LC Guaranty payable upon each renewal thereof and LC Guaranties outstanding from time to time during the term of this Agreement, each extension thereof plus all normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of AgentGuaranties, for the account of Agent only, a per annum fronting fee equal to 0.125% per annum one-quarter of the weighted average daily balance one percent (¼%) of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such PersonAgreement, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.. CHICAGO/#1571873.4

Appears in 1 contract

Samples: Loan and Security Agreement (Mfri Inc)

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to Agent: (i) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Revolving Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR LID OR Revolving Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (Deeter Foundry Inc)

Letter of Credit and LC Guaranty Fees. Borrowers Borrower shall jointly and severally pay to Agent: (i) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders the Lenders, a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions Advances per annum multiplied by the weighted average daily balance of the aggregate undrawn face amount of such all Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus which fees shall be payable monthly in arrears on the first day of each month hereafter, and, shall pay the LC Issuer all normal usual and customary charges of Bank associated with the issuance thereofof such Letters of Credit and LC Guaranties for the account of borrowers with creditworthiness similar to Borrower's, which fees and charges shall be deemed fully earned and shall be due and payable upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month Guaranty and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that . In addition, Borrower shall pay to Agent for the Default Rate is account of each LC Issuer a fronting fee for each Letter of Credit or LC Guaranty of such LC Issuer in effectan amount agreed to by such LC Issuer and shall pay directly to each LC Issuer all issuance, amendment and payment fees customarily charged by such LC Issuer with respect to Letters of Credit or LC Guaranties issued by such LC Issuer. At the option of Agent or the Majority Lenders, upon and after the occurrence of an Event of Default, and during the continuation thereof, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders a per annum fee equal increase to the Applicable Margin then in effect for LIBOR Portions Advances per annum plus two percent (2%) multiplied by the weighted average daily balance of the aggregate undrawn face amount of such all Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance and administration of each at such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reasontime.

Appears in 1 contract

Samples: Loan and Security Agreement (Mobile Mini Inc)

Letter of Credit and LC Guaranty Fees. Borrowers Borrower shall jointly and severally pay to AgentAgent for the ratable benefit of Lenders: (i1) for standby Standby Letters of Credit and LC Guaranties of standby letters Standby Letters of creditCredit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance annualized LC Percent of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof, which thereof as set forth on Exhibit S hereof. Said fees shall be payable on the first calendar day of each month (for the immediately preceding month) computed through the last day of the preceding month; provided that such normal and customary charges shall be payable upon the issuance of such Letter of Credit or LC Guaranty. All such fees and charges shall be deemed fully earned and shall be due and payable upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month Guaranty and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (ii2) for documentary Trade Letters of Credit and LC Guaranties of documentary letters Trade Letters of creditCredit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance annualized LC Percent of the aggregate undrawn face amount of each such Letters Letter of Credit and or LC Guaranties outstanding from time to time during the term of this AgreementGuaranty, plus all the normal and customary charges associated with the issuance and administration thereof as set forth on Exhibit S hereof. Said fees shall be payable on the first calendar day of each month (for the immediately preceding month) computed through the last day of the preceding month; provided that such normal and customary charges shall be payable upon the issuance of such Letter of Credit or execution of such LC Guaranty (which Guaranty. All of such fees and charges shall be fully earned and due and payable upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to AgentLender: (ia) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, a per annum fee equal to the product of (i) the Applicable Margin for LIBO Rate loans in effect on the date of issuance of the Letter of Credit or LC Guaranty times (ii) the aggregate face amount of each such Letter of Credit and LC Guaranty, which fee shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty and shall be due and payable upon the issuance of such Letter of Credit or execution of such LC Guaranty, plus all normal and customary charges associated with the issuance thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (iib) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, a per annum fee equal to the product of (i) the Applicable Margin for LIBO Rate loans in effect on the date of issuance of the Letter of Credit or LC Guaranty times (ii) the aggregate face amount of each such Letter of Credit and LC Guaranty, and an additional per annum fee equal to the product of (x) the Applicable Margin for LIBO Rate loans in effect on the date of issuance of the Letter of Credit or LC Guaranty times (y) the aggregate face amount of each such Letter of Credit and LC Guaranty for each renewal and each extension thereof plus all the normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to Agent: (ia) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders Revolving Credit and Term Loan A Lenders, a per annum fee equal to the Applicable Margin then in effect for LIBOR Revolving Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with ---- the issuance thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iib) for documentary Letters of Credit and LC Guaranties of documentary letters of creditcredit a fee, for the ratable benefit account of Lenders a per annum Agent only, in accordance with Agent's documentary letter of credit fee equal to the Applicable Margin schedule then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary ---- charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (iiic) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of AgentGuaranties, for the account of Agent only, a per annum fronting fee equal to 0.1250.25% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit IssuerAgreement, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (Falcon Products Inc /De/)

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to Agent: (i) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance issuance, processing and administration thereof, which fees and charges shall be deemed fully earned upon issuance (or as advised by Agent or Bank) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month (or as advised by Agent or Bank) and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided provided, that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance issuance, processing and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC GuarantyGuaranty (or as advised by Agent or Bank), shall be due and payable in arrears on the first Business Day of each monthmonth (or as advised by Agent or Bank), and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided provided, that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;; and (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of AgentGuaranties, for the account of Agent only, a per annum fronting fee equal to 0.1250.25% per annum of the weighted average daily balance of the aggregate undrawn face available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit IssuerAgreement, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (Wabash National Corp /De)

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to Agent: (i) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders Lenders, a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance Loans of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders Lenders, a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions Loans of the face amount of each such Letter of Credit or LC Guaranty, payable upon the issuance of such Letter of Credit or execution of such LC Guaranty and an additional per annum fee equal to the Applicable Margin then in effect for LIBOR Loans multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and or LC Guaranties outstanding from time to time during the term of this Agreement, payable upon each renewal thereof and each extension thereof plus all normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of AgentGuaranties, for the account of Agent only, a per annum fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such PersonAgreement, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly For all standby Letters of Credits and severally pay to Agent: (i) LC Guaranties for standby Letters of Credit and LC Guaranties of standby letters of creditCredit, Borrowers shall pay to Agent, for the ratable benefit of Lenders Lenders, a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions per annum multiplied by the weighted average daily balance of the aggregate undrawn face amount of all such standby Letters of Credit and LC Guaranties for standby Letters of Credit outstanding from time to time during the term of this Agreement, which fees shall be payable monthly in arrears on the first day of each month hereafter. For all documentary Letters of Credits and LC Guaranties for documentary Letters of Credits, Borrowers shall pay to Agent, for the ratable benefit of Lenders, a fee equal to two percent (2%) per annum multiplied by the aggregate face amount of all such documentary Letters of Credit and LC Guaranties for documentary Letters of Credits which fees shall be payable monthly in arrears on the first day of each month hereafter plus all normal and customary charges associated with the issuance thereofof such documentary Letters of Credit and LC Guaranties for documentary Letters of Credit, which fees and charges shall be as set forth on Exhibit 2.5 and shall be deemed fully earned and shall be due and payable upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month Guaranty and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect. In addition, the fee applicable under this subsection Borrower shall be equal pay to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders Agent a per annum fronting fee equal to the Applicable Margin then in effect for LIBOR Portions .25% per annum multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reasonissuance.

Appears in 1 contract

Samples: Financing and Security Agreement (Henry Co)

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Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to Agent: (i) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Revolving Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders Lenders, a per annum fee equal to the Applicable Margin then in effect for LIBOR Revolving Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of each such Letter of Credit or LC Guaranty, payable upon the issuance of such Letter of Credit or execution of such LC Guaranty and an additional fee equal to the Applicable Margin then in effect for LIBOR Revolving Portions per annum of the face amount of such Letters of Credit or LC Guaranty payable upon each renewal thereof and LC Guaranties outstanding from time to time during the term of this Agreement, each extension thereof plus all normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (Pw Eagle Inc)

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to Agent: (i) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance one and three-quarters percent (1-3/4%) of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders Lenders, a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance one and three-quarters percent (1-3/4%) of the aggregate undrawn face amount of each such Letter of Credit or LC Guaranty, payable upon the issuance of such Letter of Credit or execution of such LC Guaranty and an additional fee equal to one and three-quarters percent (1-3/4%) per annum of the face amount of such Letters of Credit or LC Guaranty payable upon each renewal thereof and LC Guaranties outstanding from time to time during the term of this Agreement, each extension thereof plus all normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of AgentGuaranties, for the account of Agent only, a per annum fronting fee equal to 0.125% per annum one-quarter of the weighted average daily balance one percent (¼%) of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such PersonAgreement, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (Mfri Inc)

Letter of Credit and LC Guaranty Fees. Borrowers Borrower shall jointly and severally pay to Agent for the ratable benefit of Lenders in respect to fees, for Agent's or Bank's benefit in respect to issuance charges: (i) for standby Standby Letters of Credit and LC Guaranties of standby letters Standby Letters of creditCredit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance annualized LC Percent of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof, which thereof as set forth on Exhibit T hereof. Said fees shall be payable on the first calendar day of each month (for the immediately preceding month) computed through the last day of the preceding month; provided that such normal and customary charges shall be payable upon the issuance of such Letter of Credit or LC Guaranty or as when advised by Agent pursuant to Exhibit T. All such fees and charges shall be deemed fully earned and shall be due and payable upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month Guaranty and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (ii) for documentary Trade Letters of Credit and LC Guaranties of documentary letters Trade Letters of creditCredit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance annualized LC Percent of the aggregate undrawn face amount of each such Letters Letter of Credit and or LC Guaranties outstanding from time to time during the term of this AgreementGuaranty, plus all the normal and customary charges associated with the issuance and administration thereof as set forth on Exhibit T hereof. Said fees shall be payable on the first calendar day of each month (for the immediately preceding month) computed through the last day of the preceding month; provided that such normal and customary charges shall be payable upon the issuance of such Letter of Credit or LC Guaranty (which or as when advised by Agent pursuant to Exhibit T. All of such fees and charges shall be fully earned and due and payable upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (Northwestern Steel & Wire Co)

Letter of Credit and LC Guaranty Fees. Borrowers (A) Borrower shall jointly and severally pay to AgentAgent either for its own benefit or the ratable benefit of Lenders, as provided below: (i) for standby Standby Letters of Credit and LC Guaranties of standby letters Standby Letters of creditCredit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance annualized LC Percent of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof as set forth on Exhibit 2.4 hereof, payable upon the issuance of such Letter of Credit or LC Guaranty and an additional fee equal to the annualized LC Percent of the face amount of such Letter of Credit or LC Guaranty payable upon each renewal or extension thereof, which . All such fees and charges shall be deemed fully earned and shall be due and payable upon issuance issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month Guaranty and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (ii) for documentary Trade Letters of Credit and LC Guaranties of documentary letters Trade Letters of creditCredit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance annualized LC Percent of the aggregate undrawn face amount of each such Letters Letter of Credit and or LC Guaranties outstanding from time to time during the term of this AgreementGuaranty, plus all the normal and customary charges associated with the issuance thereof as set forth on Exhibit 2.4 hereof, payable upon the issuance of such Letter of Credit or execution of such LC Guaranty and administration an additional fee equal to the annualized LC Percent of each the face amount of such Letter of Credit or LC Guaranty (which payable upon each renewal or extension thereof. All of such fees and charges shall be fully earned and due and payable upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason. (B) Charges set forth on Exhibit 2.4 shall be paid to Agent for its own benefit. All other fees payable in connection with Letters of Credit and LC Guaranties shall be paid to Agent for the ratable benefit of Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Houston Wire & Cable CO)

Letter of Credit and LC Guaranty Fees. Borrowers (a) Borrower shall jointly and severally pay to AgentAgent either for its own benefit or the ratable benefit of Lenders, as provided below: (i) for standby Standby Letters of Credit and LC Guaranties of standby letters Standby Letters of creditCredit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance annualized LC Percent of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof as set forth on Exhibit T hereof, payable upon the issuance of such Letter of Credit or LC Guaranty and an additional fee equal to the annualized LC Percent of the face amount of such Letter of Credit or LC Guaranty payable upon each renewal or extension thereof, which . All such fees and charges shall be deemed fully earned and shall be due and payable upon issuance issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month Guaranty and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (ii) for documentary Trade Letters of Credit and LC Guaranties of documentary letters Trade Letters of creditCredit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance annualized LC Percent of the aggregate undrawn face amount of each such Letters Letter of Credit and or LC Guaranties outstanding from time to time during the term of this AgreementGuaranty, plus all the normal and customary charges associated with the issuance thereof as set forth on Exhibit T hereof, payable upon the issuance of such Letter of Credit or execution of such LC Guaranty and administration an additional fee equal to the annualized LC Percent of each the face amount of such Letter of Credit or LC Guaranty (which payable upon each renewal or extension thereof. All of such fees and charges shall be fully earned and due and payable upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason. (b) Charges set forth on Exhibit T shall be paid to Agent for its own benefit. All other fees payable in connection with Letters of Credit and LC Guaranties shall be paid to Agent for the ratable benefit of Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Houston Wire & Cable CO)

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to Agent------------------------------------- Lender: (i) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, a per annum fee equal to the product of (i) the Applicable Margin for LIBO Rate loans in effect on the date of issuance of the Letter of Credit or LC Guaranty times (ii) the aggregate face amount of each such Letter of Credit and LC Guaranty, which fee shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty and shall be due and payable upon the issuance of such Letter of Credit or execution of such LC Guaranty, plus all normal and customary charges associated with the issuance ---- thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, a per annum fee equal to the product of (i) the Applicable Margin for LIBO Rate loans in effect on the date of issuance of the Letter of Credit or LC Guaranty times (ii) the aggregate face amount of each such Letter of Credit and LC Guaranty, and an additional per annum fee equal to the product of (x) the Applicable Margin for LIBO Rate loans in effect on the date of issuance of the Letter of Credit or LC Guaranty times (y) the aggregate face amount of each such Letter of Credit and LC Guaranty for each renewal and each extension thereof plus all the normal and ---- customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to Agent: (ia) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders Revolving Credit Lenders, a per annum fee equal to the Applicable Margin then in effect for LIBOR Revolving Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iib) for documentary Letters of Credit and LC Guaranties of documentary letters of creditcredit a fee, for the ratable benefit account of Lenders a per annum Agent only, in accordance with Agent's documentary letter of credit fee equal to the Applicable Margin schedule then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%;and (iiic) and with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of AgentGuaranties, for the account of Agent only, a per annum fronting fee equal to 0.1250.25% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit IssuerAgreement, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (Falcon Products Inc /De/)

Letter of Credit and LC Guaranty Fees. Borrowers shall jointly and severally pay to AgentAgent or Issuing Bank: (i) for standby Letters of Credit and LC Guaranties of standby letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance Revolving Loans of the aggregate undrawn available amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus, for the benefit of Issuing Bank, all normal and customary charges associated with the issuance, processing and administration thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty or as advised by Agent or Issuing Bank. Such charges shall be due and payable on the issuance and each renewal of any such Letter of Credit or LC Guaranty or as otherwise advised by Issuing Bank. Such fees shall be due and payable quarterly in arrears on the first day of each calendar quarter hereafter. Such charges and fees shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (ii) with respect to all Letters of Credit and LC Guaranties, for the account of Issuing Bank only, a per annum fronting fee equal to 3/8% of the aggregate face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereof, which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due payable upon issuance and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (iv) with respect to all Letters of Credit and LC Guaranties issued by a Letter of Credit Issuer, for the account of such Letter of Credit Issuer only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Letter of Credit Issuer, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month renewal thereof and shall not be subject to rebate or proration upon the termination of this Agreement for any reason.

Appears in 1 contract

Samples: Loan and Security Agreement (Cambium Learning Group, Inc.)

Letter of Credit and LC Guaranty Fees. Borrowers Borrower shall jointly and severally pay to AgentAgent either for its benefit or the ratable benefit of Lenders, as provided below: (i) for standby Letters of Credit and LC Guaranties of standby letters Letters of creditCredit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance per annum of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance thereofthereof (including, without limitation, a fronting fee in the amount of one-eighth of one percent (?%) of the maximum face amount of the applicable Letter of Credit or LC Guaranty), which fees and charges shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (ii) for documentary Letters of Credit and LC Guaranties of documentary letters of credit, for the ratable benefit of Lenders a per annum fee equal to the Applicable Margin then in effect for LIBOR Portions multiplied by the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement, plus all normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (which fees and charges shall be fully earned upon issuance, renewal or extension (as the case may be) of each such Letter of Credit or LC Guaranty, shall be due and payable in arrears on the first Business Day of each month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason); provided that at any time that the Default Rate is in effect, the fee applicable under this subsection shall be equal to the otherwise applicable fee plus 2.00%; (iii) with respect to all Letters of Credit and LC Guaranties issued by Agent, Bank or another Affiliate of Agent, for the account of Agent only, a fronting fee equal to 0.125% per annum of the weighted average daily balance of the aggregate undrawn face amount of such Letters of Credit and LC Guaranties outstanding from time to time during the term of this Agreement issued by such Person, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month and shall not be subject to rebate or proration upon the termination of this Agreement for any reason; and (ivii) with respect to all for documentary Letters of Credit and LC Guaranties issued by of documentary Letters of Credit, a fee equal to the Applicable Margin per annum of the face amount of each such Letter of Credit Issueror LC Guaranty, for payable upon the account issuance of such Letter of Credit Issuer onlyor execution of such LC Guaranty and an additional fee equal to the Applicable Margin per annum of the face amount of such Letter of Credit or LC Guaranty payable upon each renewal thereof and each extension thereof plus the normal and customary charges associated with the issuance and administration of each such Letter of Credit or LC Guaranty (including, without limitation, a fronting fee equal to 0.125% per annum in the amount of one-eighth of one percent (?%) of the weighted average daily balance of the aggregate undrawn maximum face amount of such Letters the applicable Letter of Credit or LC Guaranty), which fees and LC Guaranties outstanding from time to time during charges shall be fully earned upon issuance, renewal or extension, as the term case may be, of this Agreement issued by each such Letter of Credit Issueror LC Guaranty, which fronting fees shall be due and payable monthly in arrears on the first Business Day of each month month, and shall not be subject to rebate or proration upon the termination of this Agreement for any reason. (iii) Normal and customary charges associated with the issuance of Letters of Credit or LC Guaranties (including, without limitation, any fronting fee) shall be paid to Agent for its own benefit. All other amounts paid to Agent pursuant to this Section 2.4 shall be payable to Agent for the ratable benefit of Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Home Products International Inc)

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