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, except as provided in clauses (1), (2), (3) and (4) below, (i) 0.50% on any Unused Portion up to or equal to the first $100,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $100,000,000: (1) for the period from (and including) July 10, 2013 through (and excluding) September 18, 2013, (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; (2) for the period from (and including) September 18, 2013 through (and excluding) October 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 $70,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $70,000,000; and (4) for the period from (and including) October 31, 2013 through (and excluding) November 18, 2013, (i) 0.50% on any Unused Portion up to or equal to the first $130,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $130,000,000.”

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 (1c), (2), (3d) and (4e) below, (i) 0.50% on any Unused Portion up to or equal to the first $100,000,000 30,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $100,000,000:30,000,000; (1c) for the period from (and including) July 10February 14, 2013 2012 through (and excluding) September 18April 14, 20132012, 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%; (f) from (and including) December 13, 2012 and thereafter, except as provided in clause (g) below, (i) 0.50% on any Unused Portion up to or equal to the first $40,000,000 60,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $40,000,000;60,000,000; and (2g) for the period from (and including) September 18December 13, 2013 2012 through (and excluding) October 18January 28, 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 $70,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $70,000,000; and (4) for the period from (and including) October 31, 2013 through (and excluding) November 18, 2013, (i) 0.50% on any Unused Portion up to or equal to the first $130,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $130,000,000.”

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 (1c), (2), (3d) and (4e) below, (i) 0.50% on any Unused Portion up to or equal to the first $100,000,000 30,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $100,000,000:30,000,000; (1c) for the period from (and including) July 10February 14, 2013 2012 through (and excluding) September 18April 14, 20132012, 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; (21) for the period from (and including) September 18December 13, 2012 through (and excluding) January 28, 2013, 0.50%, and (2) from (and including) January 28, 2013 through (and excluding) October 18, 2013, 0.50%; (3) from (and including) October 18, 2013 through (and excluding) October 31March 8, 2013, (i) 0.50% on any Unused Portion up to or equal to the first $70,000,000 60,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $70,000,00060,000,000; and (4) provided that for the period from (and including) October 31December 8, 2013 2012 through (and excluding) November 18March 8, 2013, (i) 0.50% on any Unused Portion up the Borrower shall only be required to or equal pay the accrued Non-Usage Fees to the first extent such fees exceed $130,000,000 125,000 (i.e., the Borrower shall be entitled a one-time credit towards such fees in the amount of such Unused Portion $125,000).” 2.5 Where it appears on the cover page and (ii) 2.00% on any Unused Portion in excess Annex A of the first Agreement “$130,000,000150,000,000” 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, except as provided in clauses (1c), (2), (3d) and (4e) below, (i) 0.50% on any Unused Portion up to or equal to the first $100,000,000 30,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $100,000,000:30,000,000; (1c) for the period from (and including) July 10February 14, 2013 2012 through (and excluding) September 18April 14, 20132012, (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%; (2d) for the period from (and including) September 18May 15, 2013 2012 through (and excluding) October 18July 15, 20132012, 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 $70,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $70,000,000; and (4e) for the period from (and including) October 3121, 2013 2012 through (and excluding) November 18including December 21, 20132012, (i) 0.50% on any Unused Portion up to or equal to the first $130,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess %.” 2.5 Section 2.19 of the first $130,000,000.”Agreement 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, except as provided in clauses (1), (2), (3) ), (4), (5), and (46) below, (i) 0.50% on any Unused Portion up to or equal to the first $100,000,000 60,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $100,000,00060,000,000: (1) for the period from (and including) July 10, 2013 through (and excluding) September 18, 2013, (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; (2) for the period from (and including) September 18, 2013 through (and excluding) October 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 $70,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $70,000,000; and; (4) for the period from (and including) October 31, 2013 through (and excluding) November 18, 2013, (i) 0.50% on any Unused Portion up to or equal to the first $130,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the first $130,000,000, (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 first $100,000,000 of such Unused Portion and (ii) 2.00% on any Unused Portion in excess of the 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 W▇▇▇▇ Fargo Bank, N.A. on the cover page and Annex A to the Agreement shall be amended and restated as “$150,000,000”.”