Common use of Revolving Loan Unused Fee Clause in Contracts

Revolving Loan Unused Fee. Borrower agrees to pay to Administrative Agent for the account of each Lender in accordance with each Lender's Percentage for the period (including any portion thereof when any of its Commitments are suspended by reason of Borrower's inability to satisfy any condition of Article V of this Agreement) commencing on the Closing Date and continuing through the Revolving Loan Commitment Termination Date, an unused fee calculated as follows: (i) for each day during the applicable Fiscal Quarter that the Aggregate Revolver Outstanding Balance is less than 50% of the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.30% multiplied by the sum of the unused portion of the Revolving Loan Commitment Amount on such day, or (ii) for each day during the applicable Fiscal Quarter that the Aggregate Revolver Outstanding Balance is equal to or greater than 50% of the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.20% multiplied by the sum of the unused portion of the Revolving Loan Commitment Amount on such day. All unused fees payable pursuant to this Section shall be calculated on a year comprised of 360 days and payable by the Borrower in arrears on each Quarterly Payment Date, commencing with the first Quarterly Payment Date following the Closing Date, and on the Revolving Loan Commitment Termination Date. Notwithstanding anything to the contrary in this Section 3.4.1, Borrower shall not be obligated to pay any of the foregoing fees to a Defaulting Lender that would otherwise have been payable to such Lender for the time period during which such Lender shall have been a Defaulting Lender; provided, however, each Lender's Percentage shall be adjusted, as applicable, to account for any Non-Defaulting Lender who funds additional amounts to Borrower in lieu of any amounts not funded by a Defaulting Lender so that such Non-Defaulting Lender would receive the foregoing fees payable to such Defaulting Lender for the time period during which the applicable Lender Default existed.

Revolving Loan Unused Fee. Borrower agrees to shall pay to Administrative Agent for the account of each Lender Lenders a non-refundable, recurring Revolving Loan Unused Fee calculated by applying the daily equivalent of an annual Unused Fee Rate determined pursuant to the table set forth in accordance with each Lender's Percentage for Section 4.6 to the period (including any portion thereof when any of its Commitments are suspended by reason of Borrower's inability to satisfy any condition of Article V of this Agreement) commencing on the Closing Date and continuing through the Unused Revolving Loan Commitment Termination Date, an unused fee calculated as follows: (i) for on each day during the applicable Fiscal Quarter that period from the Aggregate Revolver Outstanding Balance is less than 50% of Effective Date to the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.30% multiplied by Maturity Date. The Unused Revolving Loan Commitment on any day shall be the difference between (i) the amount of the Aggregate Revolving Loan Commitment and (ii) the sum of (a) the unused portion Aggregate Revolving Loan, and (b) the face amount of all outstanding Letters of Credit and (c) without duplication of clause (b), the total of all amounts drawn on the outstanding Letters of Credit but not reimbursed to the Letter of Credit Issuer by Borrower as of the Revolving Loan Commitment Amount close of business on such day, or (ii) for each but excluding in all cases the Swingline Loan. The Revolving Loan Unused Fee shall be payable quarterly in arrears commencing on the last day during the applicable Fiscal Quarter that the Aggregate Revolver Outstanding Balance is equal to or greater than 50% of the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.20% multiplied by first calendar quarter ending after the sum Effective Date and continuing on the last day of the unused portion of the Revolving Loan Commitment Amount on such day. All unused fees payable pursuant to this Section shall be calculated on a year comprised of 360 days and payable by the Borrower in arrears on each Quarterly Payment Date, commencing with the first Quarterly Payment Date following the Closing Date, calendar quarter thereafter and on the Revolving Loan Commitment Termination Maturity Date. Notwithstanding anything The Unused Fee Rate shall be determined from the chart in Section 4.6 of this Agreement under the heading "Unused Fee Rate." The Unused Fee Rate applicable on the Effective Date shall be Level IV. Thereafter, the Borrower's ratio of Funded Indebtedness to EBITDA for the contrary four fiscal quarter period of Borrower most recently ended will be calculated and applied to determine the applicable Unused Fee Rate in this Section 3.4.1, Borrower shall not be obligated to pay any the same manner used for determination of the foregoing fees to a Defaulting Lender that would otherwise have been payable to such Lender for the time period during which such Lender shall have been a Defaulting Lender; providedapplicable Base Rate Revolving Margin, however, each Lender's Percentage shall be adjusted, and LIBOR Revolving Margin as applicable, to account for any Non-Defaulting Lender who funds additional amounts to Borrower described in lieu of any amounts not funded by a Defaulting Lender so that such Non-Defaulting Lender would receive the foregoing fees payable to such Defaulting Lender for the time period during which the applicable Lender Default existedSection 4.6.

Revolving Loan Unused Fee. Borrower agrees to shall pay to Administrative Agent for the account of each Lender Lenders a non-refundable, recurring Revolving Loan Unused Fee calculated by applying the daily equivalent of an annual Unused Fee Rate determined pursuant to the table set forth in accordance with each Lender's Percentage for Section 4.6 to the period (including any portion thereof when any of its Commitments are suspended by reason of Borrower's inability to satisfy any condition of Article V of this Agreement) commencing on the Closing Date and continuing through the Unused Revolving Loan Commitment Termination Date, an unused fee calculated as follows: (i) for on each day during the applicable Fiscal Quarter that period from the Aggregate Revolver Outstanding Balance is less than 50% of Effective Date to the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.30% multiplied by Maturity Date. The Unused Revolving Loan Commitment on any day shall be the difference between (i) the amount of the Aggregate Revolving Loan Commitment and (ii) the sum of (a) the unused portion Aggregate Revolving Loan, and (b) the face amount of all outstanding Letters of Credit and (c) without duplication of clause (b), the total of all amounts drawn on the outstanding Letters of Credit but not reimbursed to the Letter of Credit Issuer by Borrower as of the Revolving Loan Commitment Amount on such day, or (ii) for each day during the applicable Fiscal Quarter that the Aggregate Revolver Outstanding Balance is equal to or greater than 50% close of the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.20% multiplied by the sum of the unused portion of the Revolving Loan Commitment Amount business on such day. All unused fees payable pursuant to this Section The Revolving Loan Unused Fee shall be calculated on a year comprised of 360 days and payable by the Borrower quarterly in arrears commencing on each Quarterly Payment Date, commencing with the last day of the first Quarterly Payment calendar quarter ending after the Effective Date following and continuing on the Closing Date, last day of each calendar quarter thereafter and on the Revolving Loan Commitment Termination Maturity Date. Notwithstanding anything The Unused Fee Rate shall be determined from the chart in Section 4.6 of this Agreement under the heading "Unused Fee Rate." The Unused Fee Rate applicable on the Effective Date shall be Level IV through the computation date (as set forth in the next sentence) for the January 31, 2004 Financial Statements and Compliance Certificate. Thereafter, the Borrower's ratio of Total Funded Indebtedness to EBITDA for the contrary four fiscal quarter period of Borrower most recently ended will be calculated and applied to determine the applicable Unused Fee Rate in this Section 3.4.1, Borrower shall not be obligated to pay any the same manner used for determination of the foregoing fees to a Defaulting Lender that would otherwise have been payable to such Lender for the time period during which such Lender shall have been a Defaulting Lender; providedapplicable Base Rate Margin, however, each Lender's Percentage shall be adjusted, and Eurodollar Margin as applicable, to account for any Non-Defaulting Lender who funds additional amounts to Borrower described in lieu of any amounts not funded by a Defaulting Lender so that such Non-Defaulting Lender would receive the foregoing fees payable to such Defaulting Lender for the time period during which the applicable Lender Default existedSection 4.6.

Revolving Loan Unused Fee. Borrower agrees to shall pay to Administrative Agent for the account of each Lender Lenders a non-refundable, recurring Revolving Loan Unused Fee calculated by applying the daily equivalent of an annual Unused Fee Rate determined pursuant to the table set forth in accordance with each Lender's Percentage for Section 4.6 to the period (including any portion thereof when any of its Commitments are suspended by reason of Borrower's inability to satisfy any condition of Article V of this Agreement) commencing on the Closing Date and continuing through the Unused Revolving Loan Commitment Termination Date, an unused fee calculated as follows: (i) for on each day during the applicable Fiscal Quarter that period from the Aggregate Revolver Outstanding Balance is less than 50% of Effective Date to the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.30% multiplied by Maturity Date. The Unused Revolving Loan Commitment on any day shall be the difference between (i) the amount of the Aggregate Revolving Loan Commitment and (ii) the sum of (a) the unused portion Aggregate Revolving Loan, and (b) the face amount of all outstanding Letters of Credit and (c) without duplication of clause (b), the total of all amounts drawn on the outstanding Letters of Credit but not reimbursed to the Letter of Credit Issuer by Borrower as of the Revolving Loan Commitment Amount close of business on such day, or (ii) for each but excluding in all cases the Swingline Loan. The Revolving Loan Unused Fee shall be payable quarterly in arrears commencing on the last day during the applicable Fiscal Quarter that the Aggregate Revolver Outstanding Balance is equal to or greater than 50% of the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.20% multiplied by first calendar quarter ending after the sum Effective Date and continuing on the last day of the unused portion of the Revolving Loan Commitment Amount on such day. All unused fees payable pursuant to this Section shall be calculated on a year comprised of 360 days and payable by the Borrower in arrears on each Quarterly Payment Date, commencing with the first Quarterly Payment Date following the Closing Date, calendar quarter thereafter and on the Revolving Loan Commitment Termination Maturity Date. Notwithstanding anything The Unused Fee Rate shall be determined from the chart in Section 4.6 of this Agreement under the heading "Unused Fee Rate." The Unused Fee Rate applicable on the Effective Date shall be Level III. Thereafter, the Borrower's ratio of Funded Indebtedness to EBITDA for the contrary four fiscal quarter period of Borrower most recently ended will be calculated and applied to determine the applicable Unused Fee Rate in this Section 3.4.1, Borrower shall not be obligated to pay any the same manner used for determination of the foregoing fees to a Defaulting Lender that would otherwise have been payable to such Lender for the time period during which such Lender shall have been a Defaulting Lender; providedapplicable Base Rate Revolving Margin, however, each Lender's Percentage shall be adjusted, and Eurodollar Revolving Margin as applicable, to account for any Non-Defaulting Lender who funds additional amounts to Borrower described in lieu of any amounts not funded by a Defaulting Lender so that such Non-Defaulting Lender would receive the foregoing fees payable to such Defaulting Lender for the time period during which the applicable Lender Default existedSection 4.6.

Revolving Loan Unused Fee. Borrower agrees to shall pay to Administrative Agent for the account of each Lender Lenders a non-refundable, recurring Revolving Loan Unused Fee calculated by applying the daily equivalent of an annual Unused Fee Rate determined pursuant to the table set forth in accordance with each Lender's Percentage for Section 4.6 to the period (including any portion thereof when any of its Commitments are suspended by reason of Borrower's inability to satisfy any condition of Article V of this Agreement) commencing on the Closing Date and continuing through the Unused Revolving Loan Commitment Termination Date, an unused fee calculated as follows: (i) for on each day during the applicable Fiscal Quarter that period from the Aggregate Revolver Outstanding Balance is less than 50% of Effective Date to the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.30% multiplied by Maturity Date. The Unused Revolving Loan Commitment on any day shall be the difference between (i) the amount of the Aggregate Revolving Loan Commitment and (ii) the sum of (a) the unused portion Aggregate Revolving Loan, and (b) the face amount of all outstanding Letters of Credit and (c) without duplication of clause (b), the total of all amounts drawn on the outstanding Letters of Credit but not reimbursed to the Letter of Credit Issuer by Borrower as of the Revolving Loan Commitment Amount close of business on such day, or (ii) for each but excluding in all cases the Swingline Loan. The Revolving Loan Unused Fee shall be payable quarterly in arrears commencing on the last day during the applicable Fiscal Quarter that the Aggregate Revolver Outstanding Balance is equal to or greater than 50% of the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.20% multiplied by first calendar quarter ending after the sum Effective Date and continuing on the last day of the unused portion of the Revolving Loan Commitment Amount on such day. All unused fees payable pursuant to this Section shall be calculated on a year comprised of 360 days and payable by the Borrower in arrears on each Quarterly Payment Date, commencing with the first Quarterly Payment Date following the Closing Date, calendar quarter thereafter and on the Revolving Loan Commitment Termination Maturity Date. Notwithstanding anything The Unused Fee Rate shall be determined from the chart in Section 4.6 of this Agreement under the heading “Unused Fee Rate.” The Unused Fee Rate applicable on the Effective Date shall be Level II through the computation date (as set forth in the next sentence) for the January 31, 2006 Financial Statements and Compliance Certificate. Thereafter, the Borrower’s ratio of Total Funded Indebtedness to EBITDA for the contrary four fiscal quarter period of Borrower most recently ended will be calculated and applied to determine the applicable Unused Fee Rate in this Section 3.4.1, Borrower shall not be obligated to pay any the same manner used for determination of the foregoing fees to a Defaulting Lender that would otherwise have been payable to such Lender for the time period during which such Lender shall have been a Defaulting Lender; providedapplicable Base Rate Margin, however, each Lender's Percentage shall be adjusted, and LIBOR Margin as applicable, to account for any Non-Defaulting Lender who funds additional amounts to Borrower described in lieu of any amounts not funded by a Defaulting Lender so that such Non-Defaulting Lender would receive the foregoing fees payable to such Defaulting Lender for the time period during which the applicable Lender Default existedSection 4.6.

Revolving Loan Unused Fee. Borrower agrees to shall pay to Administrative Agent for the account of each Lender Lenders a non-refundable, recurring Revolving Loan Unused Fee calculated by applying the daily equivalent of an annual Unused Fee Rate determined pursuant to the table set forth in accordance with each Lender's Percentage for Section 4.6 to the period (including any portion thereof when any of its Commitments are suspended by reason of Borrower's inability to satisfy any condition of Article V of this Agreement) commencing on the Closing Date and continuing through the Unused Revolving Loan Commitment Termination Date, an unused fee calculated as follows: (i) for on each day during the applicable Fiscal Quarter that period from the Aggregate Revolver Outstanding Balance is less than 50% of Effective Date to the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.30% multiplied by Maturity Date. The Unused Revolving Loan Commitment on any day shall be the difference between (i) the amount of the Aggregate Revolving Loan Commitment and (ii) the sum of (a) the unused portion Aggregate Revolving Loan, and (b) the face amount of all outstanding Letters of Credit and (c) without duplication of clause (b), the total of all amounts drawn on the outstanding Letters of Credit but not reimbursed to the Letter of Credit Issuer by Borrower as of the Revolving Loan Commitment Amount on such day, or (ii) for each day during the applicable Fiscal Quarter that the Aggregate Revolver Outstanding Balance is equal to or greater than 50% close of the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.20% multiplied by the sum of the unused portion of the Revolving Loan Commitment Amount business on such day. All unused fees payable pursuant to this Section The Revolving Loan Unused Fee shall be calculated on a year comprised of 360 days and payable by the Borrower quarterly in arrears commencing on each Quarterly Payment Date, commencing with the last day of the first Quarterly Payment calendar quarter ending after the Effective Date following and continuing on the Closing Date, last day of each calendar quarter thereafter and on the Revolving Loan Commitment Termination Maturity Date. Notwithstanding anything The Unused Fee Rate shall be determined from the chart in Section 4.6 of this Agreement under the heading "Unused Fee Rate." The Unused Fee Rate applicable on the Effective Date shall be Level II. Thereafter, the Borrower's ratio of Funded Indebtedness to EBITDA for the contrary four fiscal quarter period of Borrower most recently ended will be calculated and applied to determine the applicable Unused Fee Rate in this Section 3.4.1, Borrower shall not be obligated to pay any the same manner used for determination of the foregoing fees to a Defaulting Lender that would otherwise have been payable to such Lender for the time period during which such Lender shall have been a Defaulting Lender; providedapplicable Base Rate Revolving Margin, however, each Lender's Percentage shall be adjusted, and Eurodollar Revolving Margin as applicable, to account for any Non-Defaulting Lender who funds additional amounts to Borrower described in lieu of any amounts not funded by a Defaulting Lender so that such Non-Defaulting Lender would receive the foregoing fees payable to such Defaulting Lender for the time period during which the applicable Lender Default existedSection 4.6.

Revolving Loan Unused Fee. Borrower agrees to pay to Administrative Agent each Fiscal Quarter for the account of each Lender in accordance with each Lender's ’s Percentage for the period (including any portion thereof when any of its Commitments are suspended by reason of Borrower's ’s inability to satisfy any condition of Article V of this Agreement) commencing on the Closing Date and continuing through the Revolving Loan Commitment Termination Date, an unused fee calculated as follows: (i) for each day during the applicable Fiscal Quarter that the Aggregate Revolver Outstanding Balance is less than 50% of the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.300.45% multiplied by the sum of the unused portion of the Revolving Loan Aggregate Commitment Amount on such day, day or (ii) for each day during the applicable Fiscal Quarter that the Aggregate Revolver Outstanding Balance is equal to or greater than 50% of the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.200.25% multiplied by the sum of the unused portion of the Revolving Loan Aggregate Commitment Amount on such day. All unused fees payable pursuant to this Section shall be calculated on a year comprised of 360 days and payable by the Borrower in arrears on each Quarterly Payment Date, commencing with the first Quarterly Payment Date following the Closing Date, and on the Revolving Loan Commitment Termination Date. Notwithstanding anything to the contrary in this Section 3.4.1, Borrower shall not be obligated to pay any of the foregoing fees to a Defaulting Lender that would otherwise have been payable to such Lender for the time period during which such Lender shall have been a Defaulting Lender; provided, however, each Lender's ’s Percentage shall be adjusted, as applicable, to account for any Non-Defaulting Lender who funds additional amounts to Borrower in lieu of any amounts not funded by a Defaulting Lender so that such Non-Defaulting Lender would receive the foregoing fees payable to such Defaulting Lender for the time period during which the applicable Lender Default existed.

Revolving Loan Unused Fee. Borrower agrees to pay to Administrative Agent each Fiscal Quarter for the account of each Lender in accordance with each Lender's ’s Percentage for the period (including any portion thereof when any of its Commitments are suspended by reason of Borrower's ’s inability to satisfy any condition of Article V of this Agreement) commencing on the Closing Date and continuing through the Revolving Loan Commitment Termination Date, an unused fee calculated as follows: (i) for each day during the applicable Fiscal Quarter that the Aggregate Revolver Outstanding Balance is less than 50% of the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.30% multiplied by the sum of the unused portion of the Revolving Loan Aggregate Commitment Amount plus any outstanding Swingline Loans, on such day, or (ii) for each day during the applicable Fiscal Quarter that the Aggregate Revolver Outstanding Balance is equal to or greater than 50% of the Revolving Loan Commitment, an unused fee at a rate per annum equal to 0.20% multiplied by the sum of the unused portion of the Revolving Loan Aggregate Commitment Amount plus any outstanding Swingline Loans, on such day. All unused fees payable pursuant to this Section shall be calculated on a year comprised of 360 days and payable by the Borrower in arrears on each Quarterly Payment Date, commencing with the first Quarterly Payment Date following the Closing Date, and on the Revolving Loan Commitment Termination Date. Notwithstanding anything to the contrary in this Section 3.4.1, Borrower shall not be obligated to pay any of the foregoing fees to a Defaulting Lender that would otherwise have been payable to such Lender for the time period during which such Lender shall have been a Defaulting Lender; provided, however, each Lender's ’s Percentage shall be adjusted, as applicable, to account for any Non-Defaulting Lender who funds additional amounts to Borrower in lieu of any amounts not funded by a Defaulting Lender so that such Non-Defaulting Lender would receive the foregoing fees payable to such Defaulting Lender for the time period during which the applicable Lender Default existed.