Common use of Treatment of Fees Clause in Contracts

Treatment of Fees. Except as otherwise provided by Law, the fees described in this Section 5: (a) 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 the Loan Documents, (c) shall be payable in accordance with Section 3.1(c), (d) shall be non-refundable, (e) shall, to the fullest extent permitted by Law, bear interest, if not paid when due, at the Default Rate, and (f) shall be 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 365 or 366 days, as the case may be.

Appears in 3 contracts

Samples: Term Loan and Note Purchase Agreement (Sun Healthcare Group Inc), Credit Agreement (Adelphia Communications Corp), Credit Agreement (Adelphia Communications Corp)

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Treatment of Fees. Except as otherwise provided by Law, the fees described in this Section SECTION 5: (a) 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 the Loan Documentsthis Agreement, (c) shall be payable in accordance with Section 3.1(c)SECTION 3.1, (d) shall be non-refundable, (e) shall, to the fullest extent permitted by Law, bear interest, if not paid when due, at the Default Rate, and (f) shall be 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 365 or 366 360 days, as the case may be.

Appears in 1 contract

Samples: Term Loan Agreement (Williams Companies Inc)

Treatment of Fees. Except as otherwise provided by Lawany Legal Requirement, the fees described in this Section 5: (a) 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 the Loan Documents, this Agreement; (c) shall be payable in accordance with Section 3.1(c), 3.1; (d) shall be non-refundable, ; (e) shall, to the fullest extent permitted by Lawall Legal Requirements, bear interest, if not paid when due, at the Default Rate, ; and (f) shall be 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 365 or 366 360 days, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Centex Corp)

Treatment of Fees. Except as otherwise provided by Law, the fees described in this Section 5: (a) 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 the Loan Documents, (c) shall be payable in accordance with Section 3.1(c), (d) shall be non-refundable, (e) shall, to the fullest extent permitted by Law, bear interest, if not paid when due, at the Default Rate, and (f) shall be 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 interest being computed in excess of the Maximum Rate in which event such computation shall be made on the basis of a year of 365 or 366 days, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Dobson Communications Corp)

Treatment of Fees. Except as otherwise provided by Law, the fees described in this Section SECTION 5: (a) 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 the Loan Documentsthis Agreement, (c) shall be payable in accordance with Section 3.1(c)SECTION 3.1, (d) shall be non-refundable, (e) shall, to the fullest extent permitted by Law, bear interest, if not paid when due, at the Default Rate, and (f) shall be 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 365 or 366 days, as the case may be.

Appears in 1 contract

Samples: Revolving Credit Agreement (Southdown Inc)

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Treatment of Fees. Except as otherwise provided by Law, the fees described in this Section 5: (a) 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 the Loan Documents, this Agreement; (c) shall be payable in accordance with Section 3.1(c), 3.1; (d) shall be non-refundable, ; (e) shall, to the fullest extent permitted by Law, bear interest, if not paid when due, at the Default Rate, ; and (f) shall be 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 365 or 366 days, as the case may be.

Appears in 1 contract

Samples: Exchange Agreement (Protection One Alarm Monitoring Inc)

Treatment of Fees. Except as otherwise provided by Law, the fees described in this Section 5: (a) 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 the Loan Documentsthis Agreement, (c) shall be payable in accordance with Section 3.1(c)3.1, (d) shall be non-refundable, (e) shall, to the fullest extent permitted by Law, bear interest, if not paid when due, at the Default Rate, and (f) shall be 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 365 or 366 360 days, as the case may be.

Appears in 1 contract

Samples: Term Loan Agreement (Williams Companies Inc)

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