Common use of Non-Use Fee Clause in Contracts

Non-Use Fee. The Company agrees to pay to the Agent for the account of each Bank a non-use fee, for the period from the Closing Date to the Termination Date, at the Non-Use Fee Rate in effect from time to time on such Bank's Pro Rata Share (as adjusted from time to time) of the daily average unused amount of the Revolving Commitment Amount. For purposes of calculating usage under this Section, the Revolving Commitment Amount shall be deemed used to the extent of the aggregate principal amount of all outstanding Revolving Loans plus the Stated Amount of all Letters of Credit, but expressly excluding the outstanding principal balance of any Swingline Loans. Such non-use fee shall be payable in arrears on the last day of each calendar quarter and on the Termination Date for any period then ending for which such non-use fee shall not have previously been paid. The non-use fee shall be computed for the actual number of days elapsed on the basis of a year of 360 days.

Appears in 1 contract

Sources: Credit Agreement (Loews Cineplex Entertainment Corp)

Non-Use Fee. The Each of the Company and ASG agrees to pay on a joint and several basis to the Agent for the account of each Bank a non-use fee, for the period from the Closing Date to the Termination Date, at the Non-Use Fee Rate in effect from time to time on of such Bank's Pro Rata Share (as adjusted from time to time) of the daily average unused amount of the Revolving Commitment Amount. For purposes of calculating usage under this Section, the Revolving Commitment Amount shall be deemed used to the extent of the aggregate principal amount of all outstanding Revolving Loans plus the Stated Amount of all Letters of Credit, but expressly excluding the outstanding principal balance of any Swingline Loans. Such non-use fee shall be payable in arrears on the last day of each calendar quarter and on the Termination Date for any period then ending for which such non-use fee shall not have previously been paid. The non-use fee shall be computed for the actual number of days elapsed on the basis of a year of 360 days.

Appears in 1 contract

Sources: Credit Agreement (Asg Sub Inc)

Non-Use Fee. The Company agrees to pay to the Agent for the account ----------- of each Revolving Bank a non-use fee, for the period from the Closing Effective Date to the Revolving Termination Date, at the Non-Use Fee Rate rate per annum in effect from time to time on such Bank's Pro Rata Share (as adjusted from time pursuant to time) Schedule 1.1 of the daily average of the unused amount of such ------------ Revolving Bank's Revolving Percentage of the Revolving Commitment Amount. For purposes of calculating usage under this Section, the Revolving Commitment Amount shall be deemed used to the extent of the aggregate principal amount of all outstanding Revolving Loans plus the Stated Amount undrawn amount of all Letters of Credit, but expressly excluding the outstanding principal balance of any Swingline Loans. Such non-use fee shall be payable in arrears on the last day Business Day of each calendar quarter and on the Revolving Termination Date for any period then ending for which such non-use fee shall not have previously theretofore been paid. The non-use fee shall be computed for the actual number of days elapsed on the basis of a year of 360 days.

Appears in 1 contract

Sources: Credit Agreement (United Road Services Inc)

Non-Use Fee. The Company Each of the Companies agrees to pay pay, on a joint and several basis, to the Agent for the account of each Bank a non-use fee, for the period from the Closing Date to the Termination Date, at the Non-Use Fee Rate in effect from time to time on of such Bank's Pro Rata Share (as adjusted from time to time) of the daily average unused amount of the Revolving Commitment Amount. For purposes of calculating usage under this Section, the Revolving Commitment Amount shall be deemed used to the extent of the aggregate principal amount of all outstanding Revolving Loans plus the Stated Amount of all Letters of Credit, but expressly excluding the outstanding principal balance of any Swingline Loans. Such non-use fee shall be payable in arrears on the last day of each calendar quarter and on the Termination Date for any period then ending for which such non-use fee shall not have previously been paid. The non-use fee shall be computed for the actual number of days elapsed on the basis of a year of 360 days.

Appears in 1 contract

Sources: Credit Agreement (Compudyne Corp)

Non-Use Fee. The Company agrees to pay to the Administrative Agent for the account of each Bank a non-use fee, for the period from the Closing Effective Date to the Revolving Termination Date, at a rate per annum equal to the Non-Use Fee Rate in effect from time to time on such Bank's Pro Rata Share (as adjusted from time to time) of the daily average of such Bank's Revolving Percentage of the unused amount of the Revolving Commitment Amount. For purposes of calculating usage under this Section, the Revolving Commitment Amount shall be deemed used to the extent of the sum of the aggregate outstanding principal amount of all outstanding Revolving Loans plus and the Stated Amount of all Letters of Credit, but expressly excluding the outstanding principal balance of any Swingline LoansCredit at such time. Such non-use fee shall be payable in arrears on the last day Business Day of each calendar quarter and on the Revolving Termination Date for any period then ending for which such non-use fee shall not have previously theretofore been paid. The non-use fee shall be computed for the actual number of days elapsed on the basis of a year of 360 days.

Appears in 1 contract

Sources: Credit Agreement (Synagro Technologies Inc)

Non-Use Fee. The Company agrees to pay to the Administrative Agent for the account of each Bank a non-use fee, for the period from the Closing Effective Date to the Termination Date, at a rate per annum equal to the Non-Use Fee Rate in effect from time to time on such Bank's Pro Rata Share (as adjusted from time to time) of the daily average unused amount of such Bank’s Percentage of the Revolving unused portion of the Commitment Amount. For purposes of calculating usage under this Section, the Revolving Commitment Amount shall be deemed used to the extent of the sum of the aggregate Dollar Equivalent outstanding principal amount of all outstanding Revolving Loans plus (but not Swing Line Loans), the Stated Amount of all Letters of Credit, but expressly excluding Credit and the aggregate Dollar Equivalent outstanding principal balance amount of any Swingline all Fronted Offshore Currency Loans. Such non-use fee shall be payable in arrears on the last day Business Day of each calendar quarter and on the Termination Date for any period then ending for which such non-use fee shall not have previously theretofore been paid. The non-use fee shall be computed for the actual number of days elapsed on the basis of a year of 360 days.

Appears in 1 contract

Sources: Credit Agreement (Regal Beloit Corp)

Non-Use Fee. The Company agrees Borrowers hereby jointly and severally agree to pay to the Agent Administrative Agent, for the account of each Bank Facility A Lender, a non-use fee, for the period from the Closing Date to the Facility A Termination Date, at the Non-Use Fee Rate in effect from time to time on of such Bank's Facility A Lender’s Pro Rata Share (as adjusted from time to time) of the daily average of the unused amount of the Maximum Revolving Commitment AmountCommitment. For purposes of calculating usage under this Section, the Maximum Revolving Commitment Amount shall be deemed used to the extent of the aggregate principal amount of all outstanding Revolving Loans plus the Stated Amount of all Letters of Credit, but expressly excluding the outstanding principal balance of any Swingline LoansOutstandings. Such non-use fee shall be payable in arrears on the last day of each calendar quarter month and on the Facility A Termination Date for any period then ending for which such non-use fee shall not have previously been paid. The non-use fee shall be computed for the actual number of days elapsed on the basis of a year of 360 days.

Appears in 1 contract

Sources: Credit Agreement (Russ Berrie & Co Inc)