Common use of Revolving Credit Facility Commitment Fee Clause in Contracts

Revolving Credit Facility Commitment Fee. The Borrowers will pay to Administrative Agent for the account of each Lender in accordance with its Percentage Share, a commitment fee (the “Revolving Credit Commitment Fee”) equal to the Applicable Rate multiplied by the actual daily amount by which the Aggregate Revolving Credit Commitments exceed the sum of the Total Revolving Credit Outstandings (less the Outstanding Amount of Swing Line Loans) for each such day, subject to adjustment as provided in Section 3.07; provided that, if any Compliance Certificate required to be delivered in accordance with Section 6.01(c) is not delivered to Administrative Agent on or before the related calculation date, then the levels corresponding to Tier 1 as indicated on the grid set forth in the definition of “Applicable Rate” will apply, effective on the related calculation date until two Business Days after such Compliance Certificate is actually received by Administrative Agent. The Revolving Credit Commitment Fee will accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV is not met, and will be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the Revolving Credit Maturity Date. The Revolving Credit Commitment Fee will be calculated quarterly in arrears, and if there is any change in the Applicable Rate during any quarter, the actual daily amount will be computed and multiplied by the Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect. Notwithstanding anything to the contrary contained in this clause (a), the determination of the Applicable Rate for any period and at anytime will be subject to the provisions of Section 2.09(d).

Revolving Credit Facility Commitment Fee. The Borrowers will pay to Administrative Agent for the account of each Lender in accordance with its Percentage Share, a commitment fee (the “Revolving Credit Commitment Fee”) equal to the Applicable Rate multiplied by the actual daily amount by which the Aggregate Revolving Credit Commitments exceed the sum of the Total Revolving Credit Outstandings (less the Outstanding Amount of Swing Line Loans) for each such day, subject to adjustment as provided in Section 3.07; provided that, if any Compliance Certificate required to be delivered in accordance with Section 6.01(c) is not delivered to Administrative Agent on or before the related calculation date, then the levels corresponding to Tier 1 as indicated on the grid set forth in the definition of “Applicable Rate” will apply, effective on the related calculation date until two Business Days after such Compliance Certificate is actually received by Administrative Agent. The Revolving Credit Commitment Fee will accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV is not met, and will be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the Revolving Credit Maturity Date. The Revolving Credit Commitment Fee will be calculated quarterly in arrears, and if there is any change in the Applicable Rate during any quarter, the actual daily amount will be computed and multiplied by the Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect. Notwithstanding anything to the contrary contained in this clause (a), the determination of the Applicable Rate for any period and at anytime anytimeany time will be subject to the provisions of Section 2.09(d).

Revolving Credit Facility Commitment Fee. The Borrowers will pay to Administrative Agent for the account of each Lender in accordance with its Percentage Share, a commitment fee (the “Revolving Credit Commitment Fee”) equal to the Applicable Rate multiplied by the actual daily amount by which the Aggregate Revolving Credit Commitments exceed the sum of the Total Revolving Credit Outstandings (less the Outstanding Amount of Swing Line Loans) for each such day, subject to adjustment as provided in Section 3.07; provided that the Applicable Rates in effect from the Closing Date to the date that is two Business Days following receipt by Administrative Agent of a timely delivered Compliance Certificate with respect to the Fiscal Period ending December 31, 2010 will be set at levels corresponding to Tier VI as indicated on the grid set forth in the definition of “Applicable Rate”; provided further that, if any Compliance Certificate required to be delivered in accordance with Section 6.01(c) is not delivered to Administrative Agent on or before the related calculation date, then the levels corresponding to Tier 1 as indicated on the grid set forth in the definition of “Applicable Rate” will apply, effective on the related calculation date until two Business Days after such Compliance Certificate is actually received by Administrative Agent. The Revolving Credit Commitment Fee will accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV is not met, and will be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the Revolving Credit Maturity Date. The Revolving Credit Commitment Fee will be calculated quarterly in arrears, and if there is any change in the Applicable Rate during any quarter, the actual daily amount will be computed and multiplied by the Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect. Notwithstanding anything to the contrary contained in this clause (a), the determination of the Applicable Rate for any period and at anytime will be subject to the provisions of Section 2.09(d).

Revolving Credit Facility Commitment Fee. The Borrowers will pay to Administrative Agent for the account of each Lender in accordance with its Percentage Share, a commitment fee (the “Revolving Credit Commitment Fee”) equal to the Applicable Rate multiplied by the actual daily amount by which the Aggregate Revolving Credit Commitments exceed the sum of the Total Revolving Credit Outstandings (less the Outstanding Amount of Swing Line Loans) for each such day, subject to adjustment as provided in Section 3.07; provided that, if any Compliance Certificate required to be delivered in accordance with Section 6.01(c) is not delivered to Administrative Agent on or before the related calculation date, then the levels corresponding to Tier 1 I as indicated on the grid set forth in the definition of “Applicable Rate” will apply, effective on the related calculation date until two Business Days after such Compliance Certificate is actually received by Administrative Agent. The Revolving Credit Commitment Fee will accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV is not met, and will be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the Revolving Credit Maturity Date. The Revolving Credit Commitment Fee will be calculated quarterly in arrears, and if there is any change in the Applicable Rate during any quarter, the actual daily amount will be computed and multiplied by the Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect. Notwithstanding anything to the contrary contained in this clause (a), the determination of the Applicable Rate for any period and at anytime any time will be subject to the provisions of Section 2.09(d).

Revolving Credit Facility Commitment Fee. The Borrowers will Company and the Foreign Borrower (in respect of the following clause (i)) shall pay (in the case of the following clause (i), each in accordance with its pro rata share of the Outstanding Amount of Revolving Credit Loans) to the Administrative Agent for the account of each Revolving Credit Lender in accordance with its Percentage ShareApplicable Revolving Credit Percentage, a commitment fee (the “Revolving Credit Commitment Fee”) in Dollars equal to the Applicable Rate multiplied by times the actual daily amount by which the Aggregate Revolving Credit Commitments exceed Facility exceeds the sum of the Total Revolving Credit Outstandings (less i) the Outstanding Amount of Swing Line LoansRevolving Credit Loans and (ii) for each such daythe Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 3.07; provided that2.16. For avoidance of doubt, if any Compliance Certificate required to the Outstanding Amount of Swing Line Loans shall not be delivered in accordance with Section 6.01(c) is not delivered to Administrative Agent on counted towards or before considered usage of the related calculation date, then Revolving Credit Facility for purposes of determining the levels corresponding to Tier 1 as indicated on the grid set forth in the definition of “Applicable Rate” will apply, effective on the related calculation date until two Business Days after such Compliance Certificate is actually received by Administrative Agentcommitment fee. The Revolving Credit Commitment Fee will commitment fee shall accrue at all times during the Availability PeriodPeriod for the Revolving Credit Facility, including at any time during which one or more of the conditions in Article IV is not met, and will shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Dateend of June, 2014, and on the last day of the Availability Period for the Revolving Credit Maturity DateFacility. The Revolving Credit Commitment Fee will commitment fee shall be calculated quarterly in arrears, and if there is any change in the Applicable Rate during any quarter, the actual daily amount will shall be computed and multiplied by the Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect. Notwithstanding anything to the contrary contained in this clause (a), the determination of the Applicable Rate for any period and at anytime will be subject to the provisions of Section 2.09(d).

Revolving Credit Facility Commitment Fee. The Borrowers will pay to Administrative Agent for the account of each Lender in accordance with its Percentage Share, a commitment fee (the “Revolving Credit Commitment Fee”) equal to the Applicable Rate multiplied by the actual daily amount by which the Aggregate Revolving Credit Commitments exceed the sum of the Total Revolving Credit Outstandings (less the Outstanding Amount of Swing Line Loans) for each such day, subject to adjustment as provided in Section 3.07; provided that, if any Compliance Certificate required to be delivered in accordance with Section 6.01(c) is not delivered to Administrative Agent on or before the related calculation date, then the levels corresponding to Tier 1 1I as indicated on the grid set forth in the definition of “Applicable Rate” will apply, effective on the related calculation date until two Business Days after such Compliance Certificate is actually received by Administrative Agent. The Revolving Credit Commitment Fee will accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV is not met, and will be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the Revolving Credit Maturity Date. The Revolving Credit Commitment Fee will be calculated quarterly in arrears, and if there is any change in the Applicable Rate during any quarter, the actual daily amount will be computed and multiplied by the Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect. Notwithstanding anything to the contrary contained in this clause (a), the determination of the Applicable Rate for any period and at anytime any time will be subject to the provisions of Section 2.09(d).