Liquidity Fee. On each Settlement Date, the Borrower shall pay to the Agent for the account of each Committed Lender a fee (the "Liquidity Fee") on such Lender's Commitment Percentage of the daily average Unused Committed Amount for the Measuring Period ended most recently prior to such Settlement Date, computed at a per annum rate for each day at a rate equal to 40 basis points. The Liquidity Fee shall commence to accrue on the Closing Date and shall be due and payable in arrears on each Settlement Date for the Measuring Period ending most recently prior to such date, beginning with the first of such dates to occur after the Closing Date.
Liquidity Fee. The Borrower agrees that if (i) at any time after the Closing Date the Regulations are amended, modified or supplemented such that the Board's consent shall be necessary in order for a Lender to sell a participation in the Loan to any Person the sale of a participation to which would not require the Board's consent if the Regulations were then as in effect on the Closing Date and (ii) the Initial Lender seeks the Board's consent to sell such a participation and such consent is not granted, then the Initial Lender shall so notify the Borrower and the Agent and the Borrower shall thereafter pay to the Agent for the account of the Initial Lender a liquidity fee equal to 0.10% per annum of the principal amount of Tranche A of the Loan then guaranteed under the Board Guaranty, such liquidity fee to accrue from the date of such notice from the Initial Lender and to be payable on each Interest Payment Date.
Liquidity Fee. If a Reset Rate for a Reset Rate Period with an original term of less than five years or the Weekly Rate is in effect, the Liquidity Rate multiplied by the aggregate unpaid principal balance of the Bond Loans.
Liquidity Fee. The Borrower agrees that if (i) at any time after the Closing Date the Regulations are amended, modified or supplemented such that the Board's consent shall be necessary in order for any Lender to sell a participation in its portion of the Loan to any Person the sale of a participation to which would not require the Board's consent if the Regulations were then as in effect on the Closing Date and (ii) any such Lender seeks the Board's consent to sell such a participation and such consent is not granted, then such Lender shall so notify the Borrower and the Agent and the Borrower shall thereafter (until such consent may be granted) pay to the Agent for the ***Confidential Treatment Requested account of such Lender a liquidity fee equal to [...***...] of the principal amount of the Loan outstanding from time to time held by such Lender, such liquidity fee to accrue from the date of such notice from such Lender and to be payable on each Interest Payment Date.
Liquidity Fee. From the date hereof until the Liquidity Commitment Termination Date under (and as such term is defined in) the Liquidity Agreement, Seller shall pay to Agent, for allocation to the Liquidity Providers thereunder in such proportions as shall be agreed upon by the Agent, the Purchaser and each such Liquidity Provider pursuant to a separate letter agreement, a liquidity fee (the " Liquidity Fee ") equal to the product of (x) the daily average amount of the Liquidity Commitments under (and as such term is defined in) the Liquidity Agreement during the period for which such fee is being calculated, times (y) the Liquidity Fee Rate. Such Liquidity Fee shall be paid in arrears, on the Settlement Date for each Settlement Period and on the Liquidity Commitment Termination Date, in the amount of such Liquidity Fee that shall have accrued during such Settlement Period (or portion thereof) or other period then ending and which shall not have been previously paid.
Liquidity Fee. In connection with and as consideration for the holding available for use by the Company the full amount of the Liquidity Commitments during the Liquidity Commitment Period the Company agrees to pay to the Liquidity Agent for the account of each Liquidity Lender a commitment fee (the "Liquidity Fee") equal to the sum of the product of (x) the Liquidity Commitment Fee Rate multiplied by (y) the average daily amount of the Available Liquidity Commitment of such Liquidity Lender during the calendar quarter preceding the calendar quarter in which the Liquidity Fee is paid multiplied by (z) a fraction the numerator of which is the number of days in the calendar quarter preceding the calendar quarter in which the Liquidity Fee is paid and the denominator of which is 360. Such Liquidity Fee shall be payable quarterly in arrears on the fifth Business Day of each calendar quarter (in respect of the Liquidity Fee accrued during the preceding calendar quarter), commencing _____ __, 2000 and on the Liquidity Termination Date.
Liquidity Fee. On the first Business Day of each ------------- month, the Seller shall pay to the Agent, for the account of the Investors in accordance with their Pro Rata Shares, a fee equal to [REDACTED DUE TO REQUEST FOR CONFIDENTIAL TREATMENT] per annum times the average daily Purchase Limit in effect during the immediately preceding calendar month."
1.5 Section 9.1 of the Agreement is hereby amended to add the ----------- following sentence thereto immediately following the third sentence thereof: "As to any matters not expressly provided for by this Agreement (including, without limitation, any enforcement or collection activity), the Agent shall not be required to exercise any discretion or take any action, but shall be required to act or to refrain from acting (and shall be fully protected in so acting or refraining from acting) upon the instructions of the Required Investors."
Liquidity Fee. The Borrower agrees that if (i) at any time after the Closing Date the Regulations are amended, modified or supplemented such that the Board's consent shall be necessary in order for a Lender to sell a participation in the Loan to any Person the sale of a participation to which would not require the Board's consent if the Regulations were then as in effect on the Closing Date and (ii) the Initial Lender seeks the Board's consent to sell such a participation and such consent is not granted, then the Initial Lender shall so notify the Borrower and the Agent and the Borrower shall thereafter pay to the Agent for the account of the Initial Lender a liquidity fee equal to [...***...]% per annum of the product of the principal amount of the Loan outstanding from time to time held by the Initial Lender and the Guaranteed Percentage, such liquidity fee to accrue from the date of such notice from the Initial Lender and to be payable on each Interest Payment Date.
Liquidity Fee. On each Payment Date prior to the Commencement Date from the date of this Agreement to the Facility Termination Date (as defined in the Liquidity Agreement) (as such date may be extended from time to time in accordance with the Liquidity Agreement) the Lessor shall pay, or cause to paid, as Transaction Expenses, and the Agent shall in turn pay to the Deal Agent (for prompt payment to the Investors), in immediately available funds a fee (the “Liquidity Fee”) payable in arrears for each Interest Period equal to the sum of the products for each day of such Interest Period of (a) one divided by 360, (b) the Applicable Percentage for the Liquidity Fee regarding the Loans and (c) one hundred and two percent (102%) of the aggregate sum of the Credit Loan Commitments plus the Mortgage Loan Commitments. The Lessor shall only be obligated to pay such amounts from the proceeds of Loans and Lessor Advances. The Lessee agrees to pay all amounts referred to in this Section 7.7 to the extent the Lessor is not required to pay such amounts. The Lessee further agrees to continue paying such Liquidity Fees on the terms described above until (a) the financing pursuant to the Operative Agreements is prepaid in full or (b) if such financing is not so prepaid, the later of the Maturity Date or payment of all outstanding amounts pursuant to the Operative Agreements.
Liquidity Fee. DFC shall pay to each APA Purchaser a liquidity fee (the "Liquidity Fee"), payable quarterly in arrears, on the last day of each calendar quarter during the period such APA Purchaser has a Purchase Commitment under this Asset Purchase Agreement and on the earlier of the Expiration Date or such APA Purchaser's Purchase Termination Date, as the same may be extended from time to time. The Liquidity Fee for each APA Purchaser shall be a per annum fee equal to such APA Purchaser's average daily available Maximum Purchase multiplied by .15% per annum. The undersigned hereby consents to the sale from time to time by Morgan Guaranty Trust Company of New York, as Agent for the undersixxxx, of undivided interests in the Purchased Interest owned by the undersigned, pursuant to the Asset Purchase Agreement to which this is attached. DELAWARE FUNDING CORPORATION By: Morgan Guaranty Trust Company of New York, as attorney-in-fact for Delaware Funding Corporation By: --------------------- Authorized Signatory ---------------------- Title [ASSET PURCHASE AGREEMENT SIGNATURE PAGE] MORGAN GUARANTY TRUST COMPANY OF NEW YORK, as Agent By: ---------------------- Authorized Signatory ----------------------- Title LEXMARK RECEIVABLES CORPORATION By: ------------------------ Authorized Signatory ----------------------- Title Signature Page with respect to Lexmark Receivables Corporation Asset Purchase Agreement Dated as of March 31, 1997
Section 1. Percentage: %
Section 2. Maximum Purchase: $
Section 3. Effective Date of Purchase Commitment: Purchase Termination Date: MORGAN GUARANTY TRUST COMPANY OF NEW YORK By: ------------------------- Title: Vice President Morgan Guaranty Trust Company of New York 500 Stanton Christiana Road Xxxxxx, XX 00000-2107 SCHEDULE A SELECTED DEFINITIONS "Adjusted CD Rate" ---------------- applicable to any Tranche Period shall mean a rate per annum equal to the following: CDR* + AR ---- 1.00 - DRP Where: CDR = the CD Rate, DRP = the Domestic Reserve Percentage, and AR = the Assessment Rate. -------------------- * The quotient being rounded upward, if necessary, to the next higher 1/100 of 1% "Adjusted LIBO Rate" ------------------- applicable to any Tranche Period shall mean a rate per annum equal to the quotient obtained (rounded upward, if necessary, to the next higher 1/100 of 1%) by dividing (i) the applicable London Interbank Offered Rate by (ii) 1.00 minus the Eurodollar Reserve Percentage. "Applicable Margin" ------------------ shall mean 75 bas...
