Common use of Non-Usage Fee Clause in Contracts

Non-Usage Fee. (a) 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 as follows: (i) during the first eight months following the Closing Date, (x) 0.375% on any Unused Portion up to or equal to $50,000,000 and (y) 3.00% on any Unused Portion in excess of $50,000,000; (ii) from nine months following the Closing Date to the Second Amendment Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 3.00% on any Unused Portion in excess of the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date; (iii) from and including the Second Amendment Effective Date to the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date; (iv) from and including the Equity Issuance Effective Date to and including three months following the Equity Issuance Effective Date, 0.50% on any Unused Portion; (v) during the fourth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $82,500,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $82,500,000 and all Non-Usage Adjustment Amounts as of such date; (vi) during the fifth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $65,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $65,000,000 and all Non-Usage Adjustment Amounts as of such date; (vii) during the sixth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $47,500,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $47,500,000 and all Non-Usage Adjustment Amounts as of such date; and (viii) thereafter, (x) 0.50% on any Unused Portion up to or equal to the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date.

Non-Usage Fee. (a) 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 as followsequal to: (ia) during for the first eight months following period from (and including) the Closing DateDate through (and excluding) the six month anniversary thereof, (x) 0.375% on any Unused Portion up to or equal to $50,000,000 and (y) 3.00% on any Unused Portion in excess of $50,000,0000.50%; (iib) from nine months following the Closing Date to the Second Amendment Effective Datethereafter, except as provided in clauses (c), (xd) and (e) below, (i) 0.50% on any Unused Portion up to or equal to the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as 30,000,000 of such date Unused Portion and (y) 3.00% on any Unused Portion in excess of the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date; (iii) from and including the Second Amendment Effective Date to the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date and (yii) 2.00% on any Unused Portion in excess of the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as of such date30,000,000; (ivc) for the period from (and including the Equity Issuance Effective Date to including) February 14, 2012 through (and including three months following the Equity Issuance Effective Dateexcluding) April 14, 2012, 0.50% on any Unused Portion%; (vd) during for the fourth month following the Equity Issuance Effective Dateperiod from (and including) May 15, 2012 through (xand excluding) July 15, 2012, 0.50% on any Unused Portion up to or equal to the sum of $82,500,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $82,500,000 and all Non-Usage Adjustment Amounts as of such date; (vi) during the fifth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $65,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $65,000,000 and all Non-Usage Adjustment Amounts as of such date; (vii) during the sixth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $47,500,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $47,500,000 and all Non-Usage Adjustment Amounts as of such date%; and (viiie) thereafterfor the period from (and including) October 21, (x) 2012 through and including December 21, 2012, 0.50% on any Unused Portion up to or equal to the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess %.” 2.5 Section 2.19 of the sum of $25,000,000 Agreement shall be amended and all Non-Usage Adjustment Amounts restated in its entirety as of such date.follows:

Non-Usage Fee. (a) 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 as follows: (i) during the first eight six months following the Closing Date, (x) 0.375% on any Unused Portion up to or equal to $50,000,000 and (y) 3.00% on any Unused Portion in excess of $50,000,000; 50,000,000 and (ii) from nine months following the Closing Date to the Second Amendment Effective Datethereafter, (x) 0.50% on any Unused Portion up to or equal to the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 3.00% on any Unused Portion in excess of the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date; (iii) from and including the Second Amendment Effective Date to the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date; (iv) from and including the Equity Issuance Effective Date to and including three months following the Equity Issuance Effective Date, 0.50% on any Unused Portion; (v) during the fourth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $82,500,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $82,500,000 and all Non-Usage Adjustment Amounts as of such date; (vi) during the fifth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $65,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $65,000,000 and all Non-Usage Adjustment Amounts as of such date; (vii) during the sixth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $47,500,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $47,500,000 and all Non-Usage Adjustment Amounts as of such date; and (viii) thereafter, (x) 0.50% on any Unused Portion up to or equal to the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date.

Non-Usage Fee. (a) 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 follows: provided in clauses (1), (2), (3) and (4) below, (i) during the first eight months following the Closing Date, (x) 0.375% on any Unused Portion up to or equal to $50,000,000 and (y) 3.00% on any Unused Portion in excess of $50,000,000; (ii) from nine months following the Closing Date to the Second Amendment Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as 100,000,000 of such date Unused Portion and (yii) 3.002.00% on any Unused Portion in excess of the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as of such date;100,000,000: (iii1) for the period from (and including the Second Amendment Effective Date to the Equity Issuance Effective Dateincluding) July 10, 2013 through (and excluding) September 18, 2013, (xi) 0.50% on any Unused Portion up to or equal to the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as 40,000,000 of such date Unused Portion and (yii) 2.00% on any Unused Portion in excess of the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as of such date40,000,000; (iv2) for the period from (and including the Equity Issuance Effective Date to including) September 18, 2013 through (and including three months following the Equity Issuance Effective Dateexcluding) October 18, 2013, 0.50% on any Unused Portion%; (v3) during the fourth month following the Equity Issuance Effective Datefrom (and including) October 18, 2013 through (and excluding) October 31, 2013, (xi) 0.50% on any Unused Portion up to or equal to the sum of first $82,500,000 and all Non-Usage Adjustment Amounts as 70,000,000 of such date Unused Portion and (yii) 2.00% on any Unused Portion in excess of the sum of first $82,500,000 and all Non-Usage Adjustment Amounts as of such date;70,000,000; and (vi4) during for the fifth month following the Equity Issuance Effective Dateperiod from (and including) October 31, 2013 through (and excluding) November 18, 2013, (xi) 0.50% on any Unused Portion up to or equal to the sum of first $65,000,000 and all Non-Usage Adjustment Amounts as 130,000,000 of such date Unused Portion and (yii) 2.00% on any Unused Portion in excess of the sum of first $65,000,000 and all Non-Usage Adjustment Amounts as of such date; (vii) during the sixth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $47,500,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $47,500,000 and all Non-Usage Adjustment Amounts as of such date; and (viii) thereafter, (x) 0.50% on any Unused Portion up to or equal to the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date130,000,000.”

Non-Usage Fee. (a) 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 as followsequal to: (ia) during for the first eight months following period from (and including) the Closing DateDate through (and excluding) the six month anniversary thereof, (x) 0.375% on any Unused Portion up to or equal to $50,000,000 and (y) 3.00% on any Unused Portion in excess of $50,000,0000.50%; (iib) from nine months following the Closing Date to the Second Amendment Effective Datethereafter, until December 13, 2012, except as provided in clauses (c), (xd) and (e) below, (i) 0.50% on any Unused Portion up to or equal to the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as 30,000,000 of such date Unused Portion and (yii) 3.002.00% on any Unused Portion in excess of the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as of such date30,000,000; (iiic) 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 the Second Amendment Effective Date to the Equity Issuance Effective Dateincluding) December 13, 2012 and thereafter, except as provided in clauses (1) and (2) below, (xi) 0.50% on any Unused Portion up to or equal to the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as 40,000,000 of such date Unused Portion and (yii) 2.00% on any Unused Portion in excess of the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as of such date;40,000,000 (iv1) for the period from (and including) December 13, 2012 through (and excluding) January 28, 2013, 0.50%, and (2) from (and including the Equity Issuance Effective Date to including) January 28, 2013 through (and including three months following the Equity Issuance Effective Dateexcluding) March 8, 0.50% on any Unused Portion; (v) during the fourth month following the Equity Issuance Effective Date2013, (xi) 0.50% on any Unused Portion up to or equal to the sum of first $82,500,000 and all Non-Usage Adjustment Amounts as 60,000,000 of such date Unused Portion and (yii) 2.00% on any Unused Portion in excess of the sum of first $82,500,000 60,000,000; provided that for the period from (and all including) December 8, 2012 through (and excluding) March 8, 2013, the Borrower shall only be required to pay the accrued Non-Usage Adjustment Amounts as of such date; (vi) during the fifth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal Fees to the sum extent such fees exceed $125,000 (i.e., the Borrower shall be entitled a one-time credit towards such fees in the amount of $65,000,000 125,000).” 2.5 Where it appears on the cover page and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess Annex A of the sum of Agreement “$65,000,000 and all Non-Usage Adjustment Amounts as of such date; (vii) during the sixth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of 150,000,000” is hereby replaced by “$47,500,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $47,500,000 and all Non-Usage Adjustment Amounts as of such date; and (viii) thereafter, (x) 0.50% on any Unused Portion up to or equal to the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date100,000,000”.

Non-Usage Fee. (a) 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 follows: provided in clauses (1), (2), (3), (4), (5), and (6) below, (i) during the first eight months following the Closing Date, (x) 0.375% on any Unused Portion up to or equal to $50,000,000 and (y) 3.00% on any Unused Portion in excess of $50,000,000; (ii) from nine months following the Closing Date to the Second Amendment Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as 60,000,000 of such date Unused Portion and (yii) 3.002.00% on any Unused Portion in excess of the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as of such date;60,000,000: (iii1) for the period from (and including the Second Amendment Effective Date to the Equity Issuance Effective Dateincluding) July 10, 2013 through (and excluding) September 18, 2013, (xi) 0.50% on any Unused Portion up to or equal to the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as 40,000,000 of such date Unused Portion and (yii) 2.00% on any Unused Portion in excess of the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as of such date40,000,000; (iv2) for the period from (and including the Equity Issuance Effective Date to including) September 18, 2013 through (and including three months following the Equity Issuance Effective Dateexcluding) October 18, 2013, 0.50% on any Unused Portion%; (v3) during the fourth month following the Equity Issuance Effective Datefrom (and including) October 18, 2013 through (and excluding) October 31, 2013, (xi) 0.50% on any Unused Portion up to or equal to the sum of first $82,500,000 and all Non-Usage Adjustment Amounts as 70,000,000 of such date Unused Portion and (yii) 2.00% on any Unused Portion in excess of the sum of first $82,500,000 and all Non-Usage Adjustment Amounts as of such date70,000,000; (vi4) during for the fifth month following the Equity Issuance Effective Dateperiod from (and including) October 31, 2013 through (and excluding) November 18, 2013, (xi) 0.50% on any Unused Portion up to or equal to the sum of first $65,000,000 and all Non-Usage Adjustment Amounts as 130,000,000 of such date Unused Portion and (yii) 2.00% on any Unused Portion in excess of the sum of first $65,000,000 and all Non-Usage Adjustment Amounts as of such date;130,000,000, (vii5) during for the sixth month following the Equity Issuance Effective Dateperiod from (and including) November 18, 2013 through (and excluding) June 5, 2014, (xi) 0.50% on any Unused Portion up to or equal to the sum of first $47,500,000 and all Non-Usage Adjustment Amounts as 100,000,000 of such date Unused Portion and (yii) 2.00% on any Unused Portion in excess of the sum of first $47,500,000 and all Non-Usage Adjustment Amounts as of such date; 100,000,000, and (viii6) thereafterfor the period from (and including) June 5, 2014 through (xand excluding) December 5, 2014, 0.50% on any Unused Portion up to or equal Portion. The Commitment of Wxxxx Fargo Bank, N.A. on the cover page and Annex A to the sum of Agreement shall be amended and restated as “$25,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date150,000,000”.

Non-Usage Fee. (a) 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 as followsequal to: (ia) during for the first eight months following period from (and including) the Closing DateDate through (and excluding) the six month anniversary thereof, (x) 0.375% on any Unused Portion up to or equal to $50,000,000 and (y) 3.00% on any Unused Portion in excess of $50,000,0000.50%; (iib) from nine months following the Closing Date to the Second Amendment Effective Datethereafter, until December 13, 2012, except as provided in clauses (c), (xd) and (e) below, (i) 0.50% on any Unused Portion up to or equal to the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as 30,000,000 of such date Unused Portion and (yii) 3.002.00% on any Unused Portion in excess of the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as of such date30,000,000; (iiic) 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%; (f) from (and including the Second Amendment Effective Date to the Equity Issuance Effective Dateincluding) December 13, 2012 and thereafter, except as provided in clause (g) below, (xi) 0.50% on any Unused Portion up to or equal to the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as 60,000,000 of such date Unused Portion and (yii) 2.00% on any Unused Portion in excess of the sum of first $25,000,000 and all Non-Usage Adjustment Amounts as of such date; (iv) from and including the Equity Issuance Effective Date to and including three months following the Equity Issuance Effective Date, 0.50% on any Unused Portion; (v) during the fourth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $82,500,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $82,500,000 and all Non-Usage Adjustment Amounts as of such date; (vi) during the fifth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $65,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $65,000,000 and all Non-Usage Adjustment Amounts as of such date; (vii) during the sixth month following the Equity Issuance Effective Date, (x) 0.50% on any Unused Portion up to or equal to the sum of $47,500,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $47,500,000 and all Non-Usage Adjustment Amounts as of such date60,000,000; and (viiig) thereafterfor the period from (and including) December 13, 2012 through (xand excluding) January 28, 2013, 0.50% on any Unused Portion up to or equal to the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date and (y) 2.00% on any Unused Portion in excess of the sum of $25,000,000 and all Non-Usage Adjustment Amounts as of such date%.”