Revolving Loan Fee. Borrower shall pay to Agent, for the account of the Lenders, a fee (the “Loan Fee”) equal to the sum of the following: (a) for the Swingline Loans, an amount equal to .20% per annum on the amount, calculated on a daily basis, by which the Swingline Commitment exceeds the actual aggregate outstanding principal balance of the Swingline Loans on each day (it being understood that any portion of the outstanding principal balance of the Swingline Loans ceases to be outstanding under the Swingline Loans and commences being a portion of the outstanding principal balance under the Revolving Loans on the date that the Revolving Loans are funded to repay such portion of the outstanding principal balance of the Swingline Loans); and (b) for the Revolving Loans, an amount equal to .20% per annum on the amount, calculated on a daily basis, by which the Net Revolving Loan Commitment exceeds the sum of the actual aggregate outstanding principal balance of the Revolving Loans plus the LC Outstandings on each day. The accrued Loan Fee shall be due and payable in arrears on the first Monthly Payment Date in each fiscal quarter (and on the Expiration Date) for the three month period or other time period ending on the last day of the preceding fiscal quarter or on the Expiration Date. One hundred percent (100%) of the fee for the Swingline Loans (as set forth in Section 2.6(a)) shall be paid by Agent to the Swingline Lender. The fee for the Revolving Loans (as set forth in Section 2.6(b)) shall be paid (i) to each Lender other than the Swingline Lender based upon a percentage determined by dividing such Lender’s Revolving Loan Commitment by the Net Revolving Loan Commitment, and (ii) to Swingline Lender based upon a percentage determined by dividing (A) the Swingline Lender’s Revolving Loan Commitment minus the Swingline Commitment, by (B) the Net Revolving Loan Commitment.
Revolving Loan Fee. If on or before June 30, 2009 (a) each of the events specified in clauses (i), (ii) and (iii) of Section 2.1(b) of this Agreement have not been satisfied to the satisfaction of ORIX, and (b) ORIX and the Replacement Revolving Lender have not entered into and delivered an intercreditor agreement, in form and substance satisfactory to ORIX, Borrower shall pay to ORIX, for the account of ORIX, a fee in the amount of $30,000 (the “Revolving Loan Fee”). The Revolving Loan Fee shall be deemed fully earned on June 30, 2009 if each of the above conditions are not satisfied and shall be nonrefundable upon its receipt by ORIX.”
(f) Section 8 of the Loan Agreement is hereby amended by inserting the following definitions in the proper alphabetical order:
Revolving Loan Fee. Section 2.6 of the Loan Agreement is deleted and replaced with the following:
Revolving Loan Fee. Borrower shall pay to Bank a non-refundable facility fee in the total amount as set forth on the Closing Statement and Loan Disbursement Approval of even date herewith. Said loan fee is fully earned as of the execution of this Agreement. All unpaid fees shall be due and payable if the Revolving Loan is retired prior to the Revolving Loan Maturity Date.
Revolving Loan Fee. Concurrently with the execution of this Amendment, Borrower shall pay U.S. Bank a nonrefundable loan fee for the Revolving Loan in the amount of $6,250.
Revolving Loan Fee. Borrower shall pay U.S. Bank a non-refundable fee of $50,000.00 for the Revolving Loan, of which $25,000 shall be paid concurrently with the execution of this Amendment and, unless U.S. Bank's obligation to make advances under the Revolving Loan has been terminated and all outstanding principal, accrued interests and other charges with respect to the Revolving Loan have been paid before July 1, 2003, the remaining $25,000 shall be paid on or before July 1, 2003.
Revolving Loan Fee. Borrower shall pay to Agent, for the account of the Lenders, a fee (the "Loan Fee") in an amount equal to .30% per annum on the amount, calculated on a daily basis, by which the Total Revolving Loan Commitment exceeds the sum of the actual aggregate outstanding principal balance of the Revolving Loans plus the LC Outstandings on each day. The accrued Loan Fee shall be due and payable in arrears on the first Monthly Payment Date in each fiscal quarter (and on the Expiration Date) for the three month period or other time period ending on the last day of the preceding fiscal quarter or on the Expiration Date. The fee shall be paid to each Lender based upon their respective Pro Rata Shares of the Revolving Loan Exposure of all Lenders.
Revolving Loan Fee. In connection with the RLC, a non-refundable Loan fee in an amount equal to three-tenths of one percent (0.3%) of the RLC Commitment (the "RLC Fee") shall be due and payable on or before the Closing Date and on each anniversary of the Closing Date until the RLC Maturity Date (or the first Business Day thereafter if such day is not a Business Day). Lender has earned the RLC Fee payable on the Closing Date and shall have earned the RLC Fee payable on each anniversary of the Closing Date as of that date.
Revolving Loan Fee. The Borrowers shall pay to the Lender a non-refundable loan fee of Ten Thousand Dollars ($10,000) on or before the Closing Date (the "Revolving Loan Fee"). The Revolving Loan Fee is earned when paid.
Revolving Loan Fee. On or before September 30, 1997, Borrower shall pay U. S. Bank a nonrefundable fee for the Revolving Loan in the amount of $75,000, less any amounts previously paid by Borrower to U. S. Bank toward this fee. Borrower agrees to pay U. S. Bank a fee for the Revolving Loan in an amount equal to .25 percent per annum of the average unused portion of the Revolving Loan. Such fee shall accrue from and include the date of this Agreement throughout the term of the Revolving Loan and shall be payable quarterly in arrears on the last day of March, June, September, and December, and on any day that the Revolving Loan is paid in full and U. S. Bank's commitment to make further Fundings under the Revolving Loan has expired or terminated. Computations of such fee shall be based on a 360-day year for the actual number of days elapsed. The calculation of the unused portion fee payable as of the last day of June 1997, shall include the unused portion fee payable through the date of this Agreement for the revolving loan pursuant to the Existing Credit Agreement.
