Common use of Non-Usage Fee Clause in Contracts

Non-Usage Fee. The Borrower shall pay, in accordance with Section 2.04, pro rata to each Lender (either directly or through the applicable Lender Agent), a non-usage fee (the “Non-Usage Fee”) payable in arrears for each Remittance Period, equal to the sum of the products for each day during such Remittance Period of (i) one divided by 360, (ii) the applicable Non-Usage Fee Rate (as defined below), and (iii) the aggregate Commitments minus the Advances Outstanding on such day (such amount, the “Unused Portion”). The Non-Usage Fee Rate (the “Non-Usage Fee Rate”) shall be equal to: (a) for the period from (and including) the Closing Date through (and excluding) the six month anniversary thereof, 0.50%; (b) thereafter, until December 13, 2012, except as provided in clauses (c), (d) and (e) below, (i) 0.50% on any Unused Portion up to or equal to the first $30,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $30,000,000; (c) for the period from (and including) February 14, 2012 through (and excluding) April 14, 2012, 0.50%; (d) for the period from (and including) May 15, 2012 through (and excluding) July 15, 2012, 0.50%; (e) for the period from (and including) October 21, 2012 through and including December 12, 2012, 0.50%; and (f) from (and including) December 13, 2012 and thereafter, except as provided in clauses (1) and (2) below, (i) 0.50% on any Unused Portion up to or equal to the first $40,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $40,000,000 (1) for the period from (and including) December 13, 2012 through (and excluding) January 28, 2013, 0.50%, and (2) from (and including) January 28, 2013 through (and excluding) March 8, 2013, (i) 0.50% on any Unused Portion up to or equal to the first $60,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $60,000,000; provided that for the period from (and including) December 8, 2012 through (and excluding) March 8, 2013, the Borrower shall only be required to pay the accrued Non-Usage Fees to the extent such fees exceed $125,000 (i.e., the Borrower shall be entitled a one-time credit towards such fees in the amount of $125,000).” 2.5 Where it appears on the cover page and Annex A of the Agreement “$150,000,000” is hereby replaced by “$100,000,000”.

Non-Usage Fee. The Borrower shall pay, in accordance with Section 2.04, pro rata to each Lender (either directly or through the applicable Lender Agent), a non-usage fee (the “Non-Usage Fee”) payable in arrears for each Remittance Period, equal to the sum of the products for each day during such Remittance Period of (i) one divided by 360, (ii) the applicable Non-Usage Fee Rate (as defined below), and (iii) the aggregate Commitments minus the Advances Outstanding on such day (such amount, the “Unused Portion”). The Non-Usage Fee Rate (the “Non-Usage Fee Rate”) shall be equal to: (a) for the period from (and including) the Closing Date through (and excluding) the six month anniversary thereof, 0.50%; (b) thereafter, until December 13, 2012, except as provided in clauses (c1), (d2), (3) and (e4) below, (i) 0.50% on any Unused Portion up to or equal to the first $30,000,000 100,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $30,000,000;100,000,000: (c1) for the period from (and including) February 14July 10, 2012 2013 through (and excluding) April 14September 18, 2012, 0.50%; (d) for the period from (and including) May 15, 2012 through (and excluding) July 15, 2012, 0.50%; (e) for the period from (and including) October 21, 2012 through and including December 12, 2012, 0.50%; and (f) from (and including) December 13, 2012 and thereafter, except as provided in clauses (1) and (2) below2013, (i) 0.50% on any Unused Portion up to or equal to the first $40,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $40,000,000; (12) for the period from (and including) December 13, 2012 through (and excluding) January 28, 2013, 0.50%, and (2) from (and including) January 28September 18, 2013 through (and excluding) March 8October 18, 2013, 0.50%; (3) from (and including) October 18, 2013 through (and excluding) October 31, 2013, (i) 0.50% on any Unused Portion up to or equal to the first $60,000,000 70,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $60,000,00070,000,000; provided that and (4) for the period from (and including) December 8October 31, 2012 2013 through (and excluding) March 8November 18, 2013, the Borrower shall only be required (i) 0.50% on any Unused Portion up to pay the accrued Non-Usage Fees or equal to the extent first $130,000,000 of such fees exceed Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $125,000 (i.e., the Borrower shall be entitled a one-time credit towards such fees in the amount of $125,000)130,000,000.” 2.5 Where it appears on the cover page and Annex A of the Agreement “$150,000,000” is hereby replaced by “$100,000,000”.

Non-Usage Fee. The Borrower shall pay, in accordance with Section 2.04, pro rata to each Lender (either directly or through the applicable Lender Agent), a non-usage fee (the “Non-Usage Fee”) payable in arrears for each Remittance Period, equal to the sum of the products for each day during such Remittance Period of (i) one divided by 360, (ii) the applicable Non-Usage Fee Rate (as defined below), and (iii) the aggregate Commitments minus the Advances Outstanding on such day (such amount, the “Unused Portion”). The Non-Usage Fee Rate (the “Non-Usage Fee Rate”) shall be equal to: (a) for the period from (and including) the Closing Date through (and excluding) the six month anniversary thereof, 0.50%; (b) thereafter, until December 13, 2012, except as provided in clauses (c), (d) and (e) below, (i) 0.50% on any Unused Portion up to or equal to the first $30,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $30,000,000; (c) for the period from (and including) February 14, 2012 through (and excluding) April 14, 2012, 0.50%; (d) for the period from (and including) May 15, 2012 through (and excluding) July 15, 2012, 0.50%;; and (e) for the period from (and including) October 21, 2012 through and including December 1221, 2012, 0.50%; and (f) from (and including) December 13, 2012 and thereafter, except as provided in clauses (1) and (2) below, (i) 0.50% on any Unused Portion up to or equal to the first $40,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $40,000,000 (1) for the period from (and including) December 13, 2012 through (and excluding) January 28, 2013, 0.50%, and (2) from (and including) January 28, 2013 through (and excluding) March 8, 2013, (i) 0.50% on any Unused Portion up to or equal to the first $60,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $60,000,000; provided that for the period from (and including) December 8, 2012 through (and excluding) March 8, 2013, the Borrower shall only be required to pay the accrued Non-Usage Fees to the extent such fees exceed $125,000 (i.e., the Borrower shall be entitled a one-time credit towards such fees in the amount of $125,000).” 2.5 Where it appears on the cover page and Annex A Section 2.19 of the Agreement “$150,000,000” is hereby replaced by “$100,000,000”.shall be amended and restated in its entirety as follows:

Non-Usage Fee. The Borrower shall pay, in accordance with Section 2.04, pro rata to each Lender (either directly or through the applicable Lender Agent), a non-usage fee (the “Non-Usage Fee”) payable in arrears for each Remittance Period, equal to the sum of the products for each day during such Remittance Period of (i) one divided by 360, (ii) the applicable Non-Usage Fee Rate (as defined below), and (iii) the aggregate Commitments minus the Advances Outstanding on such day (such amount, the “Unused Portion”). The Non-Usage Fee Rate (the “Non-Usage Fee Rate”) shall be equal to: (a) for the period from (and including) the Closing Date through (and excluding) the six month anniversary thereof, 0.50%; (b) thereafter, until December 13, 2012, except as provided in clauses (c1), (d) 2), (3), (4), (5), and (e6) below, (i) 0.50% on any Unused Portion up to or equal to the first $30,000,000 60,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $30,000,000;60,000,000: (c1) for the period from (and including) February 14July 10, 2012 2013 through (and excluding) April 14September 18, 2012, 0.50%; (d) for the period from (and including) May 15, 2012 through (and excluding) July 15, 2012, 0.50%; (e) for the period from (and including) October 21, 2012 through and including December 12, 2012, 0.50%; and (f) from (and including) December 13, 2012 and thereafter, except as provided in clauses (1) and (2) below2013, (i) 0.50% on any Unused Portion up to or equal to the first $40,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $40,000,000; (12) for the period from (and including) December 13, 2012 through (and excluding) January 28, 2013, 0.50%, and (2) from (and including) January 28September 18, 2013 through (and excluding) March 8October 18, 2013, 0.50%; (3) from (and including) October 18, 2013 through (and excluding) October 31, 2013, (i) 0.50% on any Unused Portion up to or equal to the first $60,000,000 70,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $60,000,000; provided that 70,000,000; (4) for the period from (and including) December 8October 31, 2012 2013 through (and excluding) March 8November 18, 2013, the Borrower shall only be required (i) 0.50% on any Unused Portion up to pay the accrued Non-Usage Fees or equal to the extent first $130,000,000 of such fees exceed Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $125,000 130,000,000, (i.e.5) for the period from (and including) November 18, 2013 through (and excluding) June 5, 2014, (i) 0.50% on any Unused Portion up to or equal to the Borrower shall be entitled a one-time credit towards first $100,000,000 of such fees Unused Portion and (ii) 2.00% on any Unused Portion in excess of the amount first $100,000,000, and (6) for the period from (and including) June 5, 2014 through (and excluding) December 5, 2014, 0.50% on any Unused Portion. The Commitment of $125,000).” 2.5 Where it appears Wxxxx Fargo Bank, N.A. on the cover page and Annex A of to the Agreement shall be amended and restated as “$150,000,000” is hereby replaced by “$100,000,000”.

Non-Usage Fee. The Borrower shall pay, in accordance with Section 2.04, pro rata to each Lender (either directly or through the applicable Lender Agent), a non-usage fee (the “Non-Usage Fee”) payable in arrears for each Remittance Period, equal to the sum of the products for each day during such Remittance Period of (i) one divided by 360, (ii) the applicable Non-Usage Fee Rate (as defined below), and (iii) the aggregate Commitments minus the Advances Outstanding on such day (such amount, the “Unused Portion”). The Non-Usage Fee Rate (the “Non-Usage Fee Rate”) shall be equal to: (a) for the period from (and including) the Closing Date through (and excluding) the six month anniversary thereof, 0.50%; (b) thereafter, until December 13, 2012, except as provided in clauses (c), (d) and (e) below, (i) 0.50% on any Unused Portion up to or equal to the first $30,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $30,000,000; (c) for the period from (and including) February 14, 2012 through (and excluding) April 14, 2012, 0.50%; (d) for the period from (and including) May 15, 2012 through (and excluding) July 15, 2012, 0.50%; (e) for the period from (and including) October 21, 2012 through and including December 12, 2012, 0.50%; and; (f) from (and including) December 13, 2012 and thereafter, except as provided in clauses clause (1) and (2g) below, (i) 0.50% on any Unused Portion up to or equal to the first $40,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $40,000,000 (1) for the period from (and including) December 13, 2012 through (and excluding) January 28, 2013, 0.50%, and (2) from (and including) January 28, 2013 through (and excluding) March 8, 2013, (i) 0.50% on any Unused Portion up to or equal to the first $60,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $60,000,000; provided that and (g) for the period from (and including) December 813, 2012 through (and excluding) March 8January 28, 2013, the Borrower shall only be required to pay the accrued Non-Usage Fees to the extent such fees exceed $125,000 (i.e., the Borrower shall be entitled a one-time credit towards such fees in the amount of $125,000)0.50%.” 2.5 Where it appears on the cover page and Annex A of the Agreement “$150,000,000” is hereby replaced by “$100,000,000”.