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, from and after the Ninth Amendment Closing Date, (x) 0.50% on any Unused Portion up to or equal to an amount equal to 25% of the Maximum Facility Amount and (y) 2.00% on any Unused Portion in excess of such amount equal to 25% of the Maximum Facility Amount.

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, from and after the Ninth Amendment Closing Date, be equal to (x) 0.50% on any Unused Portion up to or equal to an amount equal to 25the first 40% of the Maximum Facility Amount of such Unused Portion and (y) 2.00% on any Unused Portion in excess of such amount equal to 25the first 40% of the Maximum Facility Amount; provided that, for the first six (6) months following a Term Securitization, where Xxxxx Fargo Securities, LLC serves as the lead or joint lead bookrunner, the Non-Usage Fee Rate shall be calculated at a rate of 0.50% on any Unused Portion and thereafter, as calculated above.

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, from and after (i) during the Ninth Amendment first six months following the Closing Date, 0.50% for any Unused Portion of the aggregate Commitments and (ii) thereafter, (x) 0.50% on any Unused Portion up to or equal to an amount equal to 2520% of the Maximum Facility Amount and (y) 2.00% on any Unused Portion in excess of such amount equal to 2520% of the Maximum Facility Amount.

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, from and after the Ninth Amendment Closing Datebe equal to, (xi) 0.50% on any Unused Portion up to or equal to an amount equal to 2525.0% of the Maximum Facility Amount and (yii) 2.00% on any Unused Portion in excess of such amount equal to 2525.0% of the Maximum Facility Amount.

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, (i) from and after the Ninth period beginning on June 30, 2014the Fifth Amendment Closing DateDate to and including December 30, 2014,November 29, 2015, 0.50% for any Unused Portion of the aggregate Commitments and (ii) thereafter, (x) 0.50% on any Unused Portion up to or equal to an amount equal to 2520% of the Maximum Facility Amount and (y) 2.00% on any Unused Portion in excess of such amount equal to 2520% of the Maximum Facility Amount.

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, (i) from the period beginning on September 9, 2013June 30, 2014 to and after including March 9,December 30, 2014, 0.50% for any Unused Portion of the Ninth Amendment Closing Dateaggregate Commitments and (ii) thereafter, (x) 0.50% on any Unused Portion up to or equal to an amount equal to 2520% of the Maximum Facility Amount and (y) 2.00% on any Unused Portion in excess of such amount equal to 2520% of the Maximum Facility Amount.

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, from and after the Ninth Amendment Closing Date, (x) 0.50% on any Unused Portion up to or equal to an amount equal to 25% of the Maximum Facility Amount and (y) 2.00% on any Unused Portion in excess of such amount equal to 25% of the Maximum Facility Amount; provided that for the three months from and after the Fourteenth Amendment Closing Date, the Non-Usage Fee Rate shall be 0.50% on any Unused Portion.

Non-Usage Fee. The Borrower shall pay, 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, be equal to (i) for the period from (and after including) the Ninth Amendment Closing Date until (and excluding) the six (6) month anniversary of the Closing Date, (x) 0.50% per annum on any Unused Portion and (ii) thereafter, 0.50% per annum on any Unused Portion up to or equal to an amount equal to 25% of the Maximum Facility Amount $45,000,000 and (y) 2.00% on any Unused Portion in excess of such amount equal to 25% of the Maximum Facility Amount$45,000,000.

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 bebe equal to: (a) for the period from (and including) the Closing Date through (and excluding) the six month anniversary thereof, from and after the Ninth Amendment Closing Date0.50%; and (b) thereafter, (xi) 0.50% on any Unused Portion up to or equal to an amount equal to 25% the first $30,000,000 of the Maximum Facility Amount such Unused Portion and (yii) 2.00% on any Unused Portion in excess of such amount equal to 25% of the Maximum Facility Amountfirst $30,000,000.