Common use of Treatment of Fees Clause in Contracts

Treatment of Fees. The fees described in this SECTION 4 (a) are not compensation for the use, detention, or forbearance of money, (b) are in addition to, and not in lieu of, interest and expenses otherwise described in this Agreement, (c) are payable in accordance with SECTION 3.1, (d) are non-refundable, (e) to the fullest extent permitted by Law, bear interest, if not paid when due, at the Default Rate, and (f) are calculated on the basis of actual number of days (including the first day but excluding the last day) elapsed, but computed as if each calendar year consisted of 360 days, unless computation would result in an interest rate in excess of the Maximum Rate in which event the computation is made on the basis of a year of 365 or 366 days, as the case may be. The fees described in this SECTION 4 are in all events subject to the provisions of SECTION 3.8 of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc)

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Treatment of Fees. The fees described in this SECTION 4 3.20 (ai) are not compensation for the use, detention, or forbearance of money, (bii) are in addition to, and not in lieu of, interest and expenses otherwise described in this Agreement, (ciii) are payable in accordance with SECTION 3.13.1(B), (div) are non-refundable, (ev) to the fullest extent permitted by Lawapplicable law, bear interest, if not paid when due, at the Default Rate, and (fvi) are calculated on the basis of actual number of days (including the first day but excluding the last day) elapsed, but computed as if each calendar year consisted of 360 days, unless computation would result in an interest rate in excess of the Maximum Rate in which event the computation is made on the basis of actual days elapsed and a year of 365 or 366 days, as the case may be. The fees described in this SECTION 4 3.20 are in all events subject to the provisions of SECTION 3.8 of this Agreement3.8.

Appears in 2 contracts

Samples: Credit Agreement (Innkeepers Usa Trust/Fl), Credit Agreement (Innkeepers Usa Trust/Fl)

Treatment of Fees. The fees described in this SECTION 4 (a) are not compensation for the use, detention, or forbearance of money, (b) are in addition to, and not in lieu of, interest and expenses otherwise described in this Agreement, (c) are payable in accordance with SECTION 3.1, (d) are non-refundable, (e) to the fullest extent permitted by Law, bear interest, if not paid when due, at the Default Rate, and (f) are calculated on the basis of actual number of days (including the first day but excluding the last day) elapsed, but computed as if each calendar year consisted of 360 three hundred sixty (360) days, unless computation would result in an interest rate in excess of the Maximum Rate in which event the computation is made on the basis of a year of 365 or 366 days, as the case may be. The fees described in this SECTION 4 are in all events subject to the provisions of SECTION 3.8 of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Monro Muffler Brake Inc), Credit Agreement (Monro Muffler Brake Inc)

Treatment of Fees. The fees described in this SECTION 4 2.3 (ai) are not compensation for the use, detention, or forbearance of money, (bii) are in addition to, and not in lieu of, interest and expenses otherwise described in this Agreement, (ciii) are payable in accordance with SECTION 3.12.10, (div) are non-refundable, (ev) to the fullest extent permitted by Lawlaw, bear interest, if not paid when due, at the Default Rate, and (fvi) are calculated on the basis of actual number of days (including the first day but excluding the last day) elapsed, but computed as if each calendar year consisted of 360 days, unless such computation would result in an interest rate in excess of the Maximum Rate in which event the computation is made on the basis of a year of 365 or 366 days, as the case may be. The fees described in this SECTION 4 2.3 are in all events subject to the provisions of SECTION 3.8 9.12 of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Monro Muffler Brake Inc)

Treatment of Fees. The fees described in this SECTION 4 (a) are not compensation for the use, detention, or forbearance of money, (b) are in addition to, and not in lieu of, interest and expenses otherwise described in this Agreement, (c) are payable in accordance with SECTION 3.13.1(B), (d) are non-non- refundable, (e) to the fullest extent permitted by Law, bear interest, if not paid when due, at the Default Rate, and (f) are calculated on the basis of actual number of days (including the first day but excluding the last day) elapsed, but computed as if each calendar year consisted of 360 days, unless computation would result in an interest rate in excess of the Maximum Rate in which event the computation is made on the basis of a year of 365 or 366 days, as the case may be. The fees described in this SECTION 4 are in all events subject to the provisions of SECTION 3.8 of this Agreement3.8.

Appears in 1 contract

Samples: Credit Agreement (Prologis Trust)

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Treatment of Fees. The To the extent permitted by Law, the fees described in this SECTION Section 4 (a) are do not constitute compensation for the use, detention, or forbearance of money, (b) are in addition to, and not in lieu of, interest and expenses otherwise described in this AgreementAgreement or in any other Loan Document, (c) are payable in accordance with SECTION Section 3.1, (d) are non-refundable, (e) to the fullest extent permitted by Law, bear accrue interest, if not paid when due, at the Default Rate, and (f) are calculated on the basis of actual number of days elapsed (including the first day but excluding the last day) elapsed), but computed as if each calendar year consisted of 360 days, days (unless computation would result in an interest rate in excess of the Maximum Rate Rate, in which event the computation is made on the basis of a year of 365 or 366 days, as the case may be). The fees described in this SECTION Section 4 are in all events subject to the provisions of SECTION 3.8 of this AgreementSection 3.7.

Appears in 1 contract

Samples: Credit Agreement (Vertex Energy Inc.)

Treatment of Fees. The fees described in this SECTION Section 4 ----------------- (a) are not compensation for the use, detention, or forbearance of money, (b) are in addition to, and not in lieu of, interest and expenses otherwise described in this Agreement, (c) are payable in accordance with SECTION Section 3.1, (d) are non-refundable, (e) to the fullest extent permitted by Law, bear interest, if not paid when due, at the Default Rate, and (f) are calculated on the basis of actual number of days (including the first day but excluding the last day) elapsed, but computed as if each calendar year consisted of 360 days, unless computation would result in an interest rate in excess of the Maximum Rate in which event the computation is made on the basis of a year of 365 or 366 days, as the case may be. The fees described in this SECTION Section 4 are in all events subject to the provisions of SECTION Section 3.8 of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Morningstar Group Inc)

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