Settlement Payments. On the first (1st) Business Day of each ------------------- month ("Interest Settlement Date"), Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago time on the next Business Day following the Interest Settlement Date, such Lender's share of interest and fees on each of the Loans. Such Lender's share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Each Lender's share of the Unused Line Fee described in subsection 2.3(A) shall be an amount ----------------- equal to (a)(i) such Lender's average Revolving Loan Commitment during such month, less (ii) the sum of (x) such Lender's average Daily Loan Balance of the ---- Revolving Loans and the Swingline Loan, plus (y) such Lender's Pro Rata Share of ---- the average daily aggregate amount of Letter of Credit Liability, in each case for the preceding month, multiplied by (b) the percentage required by subsection ---------- ---------- 2.3(A) All other fees paid to Agent for the benefit of Lenders hereunder shall ------ be paid and calculated based on each Lender's Commitment in the appropriate Loan facilities on which such fees are associated.
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Settlement Payments. On By 3:00 p.m. New York time on the first (1st) Business Day of --------------------- each ------------------- month ("Interest Settlement Date"), Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on the signature page Schedule 9.8 of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by ------------ such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago New York time on the next third Business Day following the Interest Settlement Datereceipt thereof, such Lender's share of interest and fees on each of the Loans. Such Lender's share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Each Such Lender's share of the Unused Line Revolver Loan Fee described in subsection 2.3(ASection 2.4(b)(i) shall be an amount ----------------- equal to (a)(i) such Lender's average Revolving Facility Loan Commitment commitment during such month, less (ii) the sum of (x) such Lender's average Daily Loan Balance of the ---- Revolving Loans and the Swingline Facility Loan, plus (y) such Lender's Pro Rata Share of ---- the average daily aggregate amount of Letter of Credit LiabilityReserve, in each case for the preceding month, multiplied by (b) the percentage required by subsection ---------- ----------
2.3(ASection 2.4(b)(i). Such Lender's share of the Unused Term Loan Fee described in Section 2.4(b)(ii) All shall be an amount equal to (x) (i) such Lender's average Term Facility Loan commitment during such month, less (ii) the sum of (A) such Lender's average Daily Loan Balance of the Term Facility Loan, plus (B) such Lender's Pro Rata Share of the Average Daily Aggregate amount of Term Letter of Credit reserve, in each case for the preceding month, multiplied by (y) the percentage required by Section 2.4(b)(ii). Such Lender's share of all other fees paid to Agent for the benefit of Lenders hereunder shall ------ be paid and calculated based on each such Lender's Commitment in Loan commitment with respect to the appropriate Loan facilities Loans on which such fees are associated. To the extent Agent does not receive the total amount of any fee owing by Borrowers under this Agreement, each amount payable by Agent to a Lender under this Section 9.8(a)(4) with respect to such fee shall be reduced on a pro rata basis. The Agent and the Lenders hereby acknowledge and agree that in no event shall the aggregate fee payments received by such Lenders pursuant to this Section 9.8(a)(4) exceed the total amount of fees pursuant to Section 2.4.
Appears in 1 contract
Samples: Loan and Security Agreement (Harborside Healthcare Corp)
Settlement Payments. On the first (1st) Business Day of each ------------------- month ("“Interest Settlement Date"”), Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's ’s share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's ’s account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago Toronto time on the next Business Day following the Interest Settlement Date, such Lender's ’s share of interest and fees on each of the Loans. Such Lender's ’s share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Each Such Lender's ’s share of the Unused Line Fee described in subsection 2.3(A) shall be an amount ----------------- equal to (a)(i) such Lender's ’s average Revolving Loan Commitment during such month, less (ii) the sum of (x) such Lender's ’s average Daily Loan Balance of the ---- Revolving Loans and the Swingline Loan, plus (y) such Lender's Pro Rata Share of ---- the average daily aggregate amount of Letter of Credit Liability, in each case Loan for the preceding month, multiplied by (b) the percentage required by subsection ---------- ----------
2.3(A) All ). Such Lender’s share of all other fees paid to Agent for the benefit of Lenders hereunder shall ------ be paid and calculated based on each such Lender's ’s Commitment in with respect to the appropriate Loan facilities Loans on which such fees are associated. To the extent Agent does not receive the total amount of any fee owing by Borrower under this Agreement, each amount payable by Agent to a Lender under this subsection 9.8(A)(4) with respect to such fee shall be reduced on a pro rata basis. Any funds disbursed or received by Agent pursuant to this Agreement, including, without limitation, under subsections 9.7, 9.8(A)(1), and 9.9, prior to the Settlement Date for such disbursement or payment shall be deemed advances or remittances by GE Canada Finance, in its capacity as a Lender, for purposes of calculating interest and fees pursuant to this subsection 9.8(A)(4).
Appears in 1 contract
Samples: Loan and Security Agreement (Beacon Roofing Supply Inc)
Settlement Payments. On the first (1st) Business Day of each ------------------- month ("“Interest Settlement Date"”), Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's ’s share of interest and fees on each of the US Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's ’s account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago New York City time on the next Business Day following the Interest Settlement Date, such Lender's ’s share of interest and fees on each of the US Loans. Such Lender's ’s share of interest on each US Loan that is a Base Rate Loan will be calculated for that US Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that US Loan that is a Base Rate Loan and multiplying the total thereof by the Interest Ratio for that US Loan that is a Base Rate Loan. Each Such Lender's ’s share of the Unused Line Fee described in subsection 2.3(A) shall be an amount ----------------- equal to (a)(i) such Lender's ’s average Revolving Loan Commitment during such monthmonth (calculated as a US Dollar Equivalent), less (ii) the sum of (x) such Lender's ’s average Daily Loan Balance daily balance of the ---- Revolving Loans and the Swingline Loan(calculated as a US Dollar Equivalent), plus (y) such Lender's ’s Pro Rata Share of ---- the average daily aggregate amount of US Dollar Equivalent of the Letter of Credit LiabilityReserve, in each case for the preceding month, multiplied by (b) the percentage required by subsection ---------- ----------
2.3(A) All ). Such Lender’s share of all other fees paid to Agent for the benefit of the Lenders hereunder shall ------ be paid and calculated based on each such Lender's ’s Revolving Loan Commitment in with respect to the appropriate Loan facilities Loans on which such fees are associated. To the extent Agent does not receive the total amount of any fee owing by Borrowers under this Agreement, each amount payable by Agent to a Lender under this subsection 9.12(A)(5) with respect to such fee shall be reduced on a pro rata basis. Any funds disbursed or received by Agent pursuant to this Agreement, including, without limitation, under subsections 9.11, 9.12(A)(1), and 9.13, prior to the Settlement Date for such disbursement or payment shall be deemed advances or remittances by GMAC CF, in its capacity as a Lender, for purposes of calculating interest and fees pursuant to this subsection 9.12(A)(5).
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Settlement Payments. On the first (1st) Business Day of each ------------------- month ("Interest Settlement Date"), Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago time on the next Business Day following the Interest Settlement Date, such Lender's share of interest and fees on each of the Loans. Such Lender's share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Each Lender's share of the Unused Line Fee described in subsection 2.3(A) shall be an amount ----------------- equal to (a)(i) such Lender's average Revolving Loan Commitment during such month, less (ii) the sum of (x) such Lender's average Daily Loan Balance of the ---- Revolving Loans and the Swingline Loan, plus (y) such Lender's Pro Rata Share of ---- the average daily aggregate amount of Letter of Credit Liability, in each case for the preceding month, multiplied by (b) the percentage required by subsection ---------- ----------
2.3(A) ). All other fees paid to Agent for the benefit of Lenders hereunder shall ------ be paid and calculated based on each Lender's Commitment in the appropriate Loan facilities on which such fees are associated.
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Settlement Payments. On the first (1st) Business Day of each ------------------- month ("Interest Settlement Date"), Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago New York time on the next Business Day following the Interest Settlement Date, such Lender's share of interest and fees on each of the Loans. Such Lender's share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Each Such Lender's share of the Unused Line Fee unused line fee described in subsection Section 2.3(A) shall be an amount ----------------- equal to (a)(i) such Lender's average Revolving Loan Commitment during such month, less (ii) the sum of (x) such Lender's average Daily Loan Balance of the ---- Revolving Loans and the Swingline LoanLoans, plus (y) such Lender's Pro Rata Share of ---- the average daily aggregate amount of Letter of Credit LiabilityReserve, in each case for the preceding month, multiplied by (b) the percentage required by subsection ---------- ----------
Section 2.3(A) All ). Such Lender's share of all other fees paid to Agent for the benefit of Lenders hereunder shall ------ be paid and calculated based on each such Lender's Commitment in with respect to the appropriate Loan facilities Loans on which such fees are associated. To the extent Agent does not receive the total amount of any fee owing by Borrowers under this Agreement, each amount payable by Agent to a Lender under this subsection 9.8(A)(4) with respect to such fee EXHIBIT 10.1 shall be reduced on a pro rata basis. Any funds disbursed or received by Agent pursuant to this Agreement, including, without limitation, under Sections 9.7, 9.8(A)(1), and 9.9, prior to the Settlement Date for such disbursement or payment shall be deemed advances or remittances by GMAC CF, in its capacity as a Lender, for purposes of calculating interest and fees pursuant to this subsection 9.8(A)(4).
Appears in 1 contract
Samples: Loan and Security Agreement (Rocky Shoes & Boots Inc)
Settlement Payments. On the first (1st) Business Day of each ------------------- month ("Interest Settlement Date"), Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago time on the next Business Day following the Interest Settlement Date, such Lender's share of interest and fees on each of the Loans. Such Lender's share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Each Such Lender's share of the Unused Line Fee described in subsection SUBSECTION 2.3(A) shall be an amount ----------------- equal to (a)(i) such Lender's average Revolving Loan Commitment during such month, less LESS (ii) the sum of (x) such Lender's average Daily Loan Balance of the ---- Revolving Loans and the Swingline LoanLoans, plus PLUS (y) such Lender's Pro Rata Share of ---- the average daily aggregate amount balance of Letter of Credit LiabilityObligations, in each case for the preceding month, multiplied MULTIPLIED by (b) the percentage required by subsection ---------- ----------
SUBSECTION 2.3(A) All ). Such Lender's share of all other fees paid to Agent for the benefit of Lenders hereunder shall ------ be paid and calculated based on each such Lender's Commitment in with respect to the appropriate Loan facilities Loans on which such fees are associated. To the extent Agent does not receive the total amount of any fee owing by Borrower under this Agreement, each amount payable by Agent to a Lender under this SUBSECTION 9.8(A)(4) with respect to such fee shall be reduced on a pro rata basis. Any funds disbursed or received by Agent pursuant to this Agreement, including, without limitation, under SUBSECTIONS 9.7, 9.8(A)(1), and 9.9, prior to the Settlement Date for such disbursement or payment shall be deemed advances or remittances by GE Capital, in its capacity as a Lender, for purposes of calculating interest and fees pursuant to this SUBSECTION 9.8(A)(4).
Appears in 1 contract
Samples: Loan and Security Agreement (Beacon Roofing Supply Inc)
Settlement Payments. On the first (1st) Business Day of each ------------------- month ("Interest Settlement Date"), Collateral Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Collateral Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago time on the next Business Day following the Interest Settlement Date, such Lender's share of interest and fees on each of the Loans. Such Lender's share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Each Such Lender's share of the Unused Line Fee described in subsection 2.3(A) shall be an amount ----------------- equal to (a)(i) such Lender's average Revolving Loan Commitment during such month, less (ii) the sum of (x) such Lender's average Daily Loan Balance of the ---- Revolving Loans and the Swingline LoanLoans, plus (y) such Lender's Pro Rata Share of ---- the average daily aggregate amount of Letter of Credit LiabilityReserve, in each case for the preceding month, multiplied by (b) the percentage required by subsection ---------- ----------
2.3(A) All ). Such Lender's share of all other fees paid to Collateral Agent for the benefit of Lenders hereunder shall ------ be paid and calculated based on each such Lender's Commitment in with respect to the appropriate Loan facilities Loans on which such fees are associated. To the extent Collateral Agent does not receive the total amount of any fee owing by Borrowers under this Agreement, each amount payable by Collateral Agent to a Lender under this subsection 9.8(A)(4) with respect to such fee shall be reduced on a pro rata basis. The Collateral Agent and the Lenders hereby acknowledge and agree that in no event shall the aggregate fee payments received by such Lenders pursuant to this subsection 9.8(A)(4) exceed the total amount of fees pursuant to subsection 2.3.
Appears in 1 contract
Samples: Loan and Security Agreement (Sun Healthcare Group Inc)
Settlement Payments. On the first (1st) Business Day of each ------------------- month ("“Interest Settlement Date"”), Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's ’s share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's ’s account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago time on the next Business Day following the Interest Settlement Date, such Lender's ’s share of interest and fees on each of the Loans. Such Lender's ’s share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Each Such Lender's ’s share of the Unused Line Fee described in subsection 2.3(A) shall be an amount ----------------- equal to (a)(i) such Lender's ’s average Revolving Loan Commitment during such month, less (ii) the sum of (x) such Lender's ’s average Daily Loan Balance of the ---- Revolving Loans and the Swingline LoanLoans, plus (y) such Lender's ’s Pro Rata Share of ---- the average daily aggregate amount balance of Letter of Credit LiabilityObligations, in each case for the preceding month, multiplied by (b) the percentage required by subsection ---------- ----------
2.3(A) All ). Such Lender’s share of all other fees paid to Agent for the benefit of Lenders hereunder shall ------ be paid and calculated based on each such Lender's ’s Commitment in with respect to the appropriate Loan facilities Loans on which such fees are associated. To the extent Agent does not receive the total amount of any fee owing by Borrower under this Agreement, each amount payable by Agent to a Lender under this subsection 9.8(A)(4) with respect to such fee shall be reduced on a pro rata basis. Any funds disbursed or received by Agent pursuant to this Agreement, including, without limitation, under subsections 9.7, 9.8(A)(1), and 9.9, prior to the Settlement Date for such disbursement or payment shall be deemed advances or remittances by GE Capital, in its capacity as a Lender, for purposes of calculating interest and fees pursuant to this subsection 9.8(A)(4).
Appears in 1 contract
Samples: Loan and Security Agreement (Beacon Roofing Supply Inc)
Settlement Payments. On the first (1st) Business Day of each ------------------- month in respect of Base Rate Loans or the first Business Day of the month following the month in which any LIBOR Interest Period ends ("“ Interest Settlement Date"”), Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's ’s share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding monthmonth or LIBOR Interest Period, as applicable. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's ’s account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago New York City time on the next Business Day following the Interest Settlement Date, such Lender's ’s share of interest and fees on each of the Loans. Such Lender's ’s share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Each Such Lender's ’s share of the Unused Line Fee described in subsection 2.3(A) shall will be an amount ----------------- equal to (a)(i) such Lender's ’s average Revolving Loan Commitment during such month, less (ii) the sum of (x) such Lender's ’s average Daily Loan Balance of the ---- Revolving Loans and the Swingline Loan, plus (y) such Lender's Pro Rata Share of ---- the average daily aggregate amount of Letter of Credit LiabilityLoans, in each case for the preceding month, multiplied by (b) the appropriate monthly percentage required prescribed by subsection ---------- ----------
2.3(A) All ). Such Lender’s share of all other fees paid to Agent for the benefit of Lenders hereunder shall ------ will be paid and calculated based on each such Lender's ’s Commitment in with respect to the appropriate Loan facilities Loans on which such fees are associated. To the extent Agent does not receive the total amount of any fee owing by Borrower under this Agreement (except for shortages arising from Borrower’s right to withhold payment of fees for any Defaulting Lender pursuant to subsection 2.3), each amount payable by Agent to a Lender under this subsection 9.8(A)(4) with respect to such fee will be reduced on a pro rata basis. Any funds disbursed or received by Agent pursuant to this Agreement, including, without limitation, under subsections 9.7 and 9.8(A)(1), prior to the Settlement Date for such disbursement or payment will be deemed advances or remittances by GMAC CF, in its capacity as a Lender, for purposes of calculating interest and fees pursuant to this subsection 9.8(A)(4).
Appears in 1 contract
Settlement Payments. On the first (1st) Business Day of each ------------------- month ("Interest Settlement Date"), Administrative Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Administrative Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago time on the next Business Day following the Interest Settlement Date, such Lender's share of interest and fees on each of the Loans. Such Lender's share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Each Such Lender's share of the Unused Line Fee described in subsection 2.3(A) shall be an amount ----------------- equal to (a)(i) such Lender's average Revolving Loan Commitment during such month, less (ii) the sum of (x) such Lender's average Daily Loan Balance of the ---- Revolving Loans and the Swingline LoanLoans, plus (y) such Lender's Pro Rata Share of ---- the average daily aggregate amount of Letter of Credit LiabilityReserve, in each case for the preceding month, multiplied by (b) the percentage required by subsection ---------- ----------
2.3(A) All ). Such Lender's share of all other fees paid to Administrative Agent for the benefit of Lenders hereunder shall ------ be paid and calculated based on each such Lender's Commitment in with respect to the appropriate Loan facilities Loans on which such fees are associated. To the extent Administrative Agent does not receive the total amount of any fee owing by Borrowers under this Agreement, each amount payable by Administrative Agent to a Lender under this subsection 9.8(A)(4) with respect to such fee shall be reduced on a pro rata basis. The Administrative Agent and the Lenders hereby acknowledge and agree that in no event shall the aggregate fee payments received by such Lenders pursuant to this subsection 9.8(A)(4) exceed the total amount of fees pursuant to subsection 2.3.
Appears in 1 contract
Samples: Loan and Security Agreement (Sun Healthcare Group Inc)
Settlement Payments. On the first (1st) Business Day of each ------------------- month ("Interest Settlement Date"), Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago New York City time on the next Business Day following the Interest Settlement Date, such Lender's share of interest and fees on each of the Loans. Such Lender's share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Each Such Lender's share of the Unused Line Fee described in subsection 2.3(A) shall be an amount ----------------- equal to (a)(i) such Lender's average Revolving Loan Commitment during such month, less LESS (ii) the sum of (x) such Lender's average Daily Loan Balance of the ---- Revolving Loans and the Swingline LoanLoans, plus PLUS (y) such Lender's Pro Rata Share of ---- the average daily aggregate amount of Letter of Credit LiabilityReserve, in each case for the preceding month, multiplied by MULTIPLIED BY (b) the percentage required by subsection ---------- ----------
2.3(A) All other ). Such Lender's share of all fees paid to Agent for the benefit of Lenders hereunder shall ------ be paid and calculated based on each such Lender's Commitment in with respect to the appropriate Loan facilities Loans on which such fees are associated. To the extent Agent does not receive the total amount of any fee owing by Borrowers under this Agreement, each amount payable by Agent to a Lender under this subsection 9.8(A)(4) with respect to such fee shall be reduced on a pro rata basis. Any funds disbursed or received by Agent pursuant to this Agreement, including, without limitation, under subsections 9.7, 9.8(A)(1), and 9.9, prior to the Settlement Date for such disbursement or payment shall be deemed advances or remittances by GMAC CF, in its capacity as a Lender, for purposes of calculating interest and fees pursuant to this subsection 9.8(A)(4).
Appears in 1 contract