Common use of Undrawn Commitment Fee Clause in Contracts

Undrawn Commitment Fee. The Company agrees to pay to the each Lender based on such Xxxxxx’s Pro Rata Share an undrawn commitment fee in U.S. Dollars, which shall accrue at the Undrawn Commitment Fee Rate on the daily unused amount of the Commitment of such Lender during the period from the Effective Date to the DDTL Commitment Expiration Date; provided, that any undrawn commitment fee accrued with respect to any of the unused Commitments of a Defaulting Lender during the period prior to the time such Lender became a Defaulting Lender and unpaid at such time shall be payable by the Company so long as such undrawn commitment fee shall otherwise have been due and payable by the Company prior to such time of such Lender becoming a Defaulting Lender. Undrawn commitment fees shall be payable in arrears on the last day of each Fiscal Quarter and on the DDTL Commitment Expiration Date for any period then ending for which such undrawn commitment fees shall not have previously been paid, at election of the Company in its sole discretion either (x) in cash or (y) in kind by capitalizing such fees and increasing the outstanding principal amount of Loans by the amount of fees accrued in respect of such Loans during the applicable period (“PIK Fees”). The unused commitment fee shall be computed for the actual number of days elapsed on the basis of a year of 365/366 days. For purposes of computing commitment fees, a Commitment of a Lender shall be deemed to be used to the extent of the outstanding Loans funded by such Lender other than any Loans attributable to PIK Interest and PIK Fees.

Undrawn Commitment Fee. The Company agrees to Borrower shall pay to the Administrative Agent for the account of each Revolving Credit Lender based on such Xxxxxx’s Pro Rata Share an undrawn in accordance with its Applicable Revolving Credit Percentage, a commitment fee in U.S. Dollars, which shall accrue at equal to the Undrawn Commitment Applicable Fee Rate on times the average daily unused amount of by which the Commitment of such Lender during Aggregate Revolving Credit Commitments exceeds the period from the Effective Date to the DDTL Commitment Expiration DateTotal Revolving Credit Outstandings; provided, provided that any undrawn commitment fee accrued with respect to any of the unused Revolving Credit Commitments of a Defaulting Lender during the period prior to the time such Lender became a Defaulting Lender and unpaid at such time shall not be payable by the Company Borrower so long as such undrawn Lender shall be a Defaulting Lender except to the extent that such commitment fee shall otherwise have been due and payable by the Company Borrower prior to such time time; and provided, further, that no commitment fee shall accrue on any of the Revolving Credit Commitments of a Defaulting Lender so long as such Lender becoming shall be a Defaulting Lender. Undrawn The commitment fees fee shall accrue at all times during the Availability Period for the Revolving Credit Facility (and thereafter so long as any Revolving Credit Loans, Swing Line Loans or L/C Obligations remain outstanding), including at any time during which one or more of the conditions in Article IV is not met, and shall be due and payable quarterly in arrears on the last day Business Day of each Fiscal Quarter March, June, September and December, commencing with the first such date to occur after the Restatement Date, and on the DDTL Commitment Expiration Date for any period then ending for which such undrawn commitment fees shall not have previously been paid, at election last day of the Company in its sole discretion either Availability Period for the Revolving Credit Facility (x) in cash or (y) in kind by capitalizing such fees and increasing the outstanding principal amount of Loans by the amount of fees accrued in respect of such Loans during the applicable period (“PIK Fees”and, if applicable, thereafter on demand). The unused commitment fee shall be computed for calculated quarterly in arrears, and if there is any change in the Applicable Fee Rate during any quarter, the actual number of days elapsed on the basis of a year of 365/366 days. For purposes of computing commitment fees, a Commitment of a Lender daily amount shall be deemed to be used to computed and multiplied by the extent of the outstanding Loans funded by Applicable Fee Rate separately for each period during such Lender other than any Loans attributable to PIK Interest and PIK Feesquarter that such Applicable Fee Rate was in effect.

Undrawn Commitment Fee. The Company agrees Borrowers agree to pay to the DIP Agent for the account of each DIP Lender based on such Xxxxxx’s Pro Rata Share an undrawn commitment fee in U.S. Dollars, which shall accrue at the (“Undrawn Commitment Fee Rate Fee”) equal to 1.00% per annum on the average daily unused amount of the such DIP Lender’s Commitment of such Lender during the period from the Effective Date in the case of each DIP Lender listed on the signature pages hereof and from the effective date specified in the Assignment and Acceptance pursuant to the DDTL Commitment Expiration Date; provided, that any undrawn commitment fee accrued with respect to any of the unused Commitments of a Defaulting Lender during the period prior to the time such Lender which it became a Defaulting DIP Lender and unpaid at in the case of each other DIP Lender until the date on which such time shall be payable by the Company so long as such undrawn commitment fee shall otherwise have been due and payable by the Company prior to such time of such Lender becoming a Defaulting DIP Lender’s Commitment terminates. Accrued Undrawn commitment fees Commitment Fees shall be payable in kind by adding the amount thereof to the outstanding principal amount of the DIP Loans (which shall then accrue interest) of each DIP Lender monthly in arrears on or before the last day of each Fiscal Quarter calendar month after the Effective Date (commencing month ending September 30, 2020) and on the DDTL Commitment Expiration Date for any period then ending for which such undrawn commitment fees shall not have previously been paid, at election of the Company in its sole discretion either (x) in cash or (y) in kind by capitalizing such fees and increasing the outstanding principal amount of Loans by the amount of fees accrued in respect of such Loans during the applicable period (“PIK Fees”)Maturity Date. The unused commitment fee Undrawn Commitment Fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed on (including the basis of a year of 365/366 daysfirst day but excluding the last day). For purposes of computing commitment fees, a Commitment of a Lender shall be deemed to be used Anything herein to the extent contrary notwithstanding, during such period as a DIP Lender is a Defaulting Lender, such Defaulting Lender will not be entitled to any amount of the outstanding Loans funded by Undrawn Commitment Fee accruing during such Lender other than any Loans attributable period pursuant to PIK Interest and PIK Feesthis Section 2.03(a) (without prejudice to the rights of the Non-Defaulting Lenders in respect of such fees).

Undrawn Commitment Fee. The Company agrees to pay to the each Lender based on such Xxxxxx’s Pro Rata Share an undrawn commitment fee in U.S. Dollars, which shall accrue at the Undrawn Commitment Fee Rate on the daily unused amount of the Commitment of such Lender during (i) For the period from the Effective Date to the DDTL Commitment Expiration Date; providedlast day of the Tranche A Availability Period, that any undrawn the Borrower agrees to pay to Agent, for the account of each Lender according to such Xxxxxx’s Pro Rata Share (as adjusted from time to time), a commitment fee accrued with respect in an amount equal to any 5.00% per annum calculated based on the actual daily amount of the unused Tranche A Term Loan Commitments of a Defaulting Lender during the period prior applicable calendar quarter from the first day of such calendar quarter through (and including) the last day of such calendar quarter (whether or not available to the time such Lender became a Defaulting Lender and unpaid be drawn at such time shall be payable by but excluding any terminated Tranche A Term Loan Commitment) (the Company so long as such undrawn commitment fee shall otherwise have been due and payable by the Company prior to such time of such Lender becoming a Defaulting Lender“Tranche A Unused Commitment Fee”). Undrawn commitment fees The Tranche A Unused Commitment Fee shall be payable in arrears on the first Business Day immediately following the end of each calendar quarter, commencing on July 1, 2024, and on the last day of each Fiscal Quarter and on the DDTL Commitment Expiration Date Tranche A Availability Period for any period then ending for which such undrawn commitment fees the Tranche A Unused Commitment Fee shall not have previously been paid, at election of the Company in its sole discretion either (x) in cash or (y) in kind by capitalizing such fees and increasing the outstanding principal amount of Loans by the amount of fees accrued in respect of such Loans during the applicable period (“PIK Fees”). The unused commitment fee Tranche A Unused Commitment Fee shall be computed on the basis of a three hundred sixty five (365) day year for the actual number of days elapsed elapsed. (ii) For the period from the Effective Date to the last day of the Tranche B Availability Period, the Borrower agrees to pay to Agent, for the account of each Lender according to such Xxxxxx’s Pro Rata Share (as adjusted from time to time), a commitment fee in an amount equal to 5.00% per annum calculated based on the actual daily amount of the unused Tranche B Term Loan Commitments during the applicable calendar quarter from the first day of such calendar quarter through (and including) the last day of such calendar quarter (whether or not available to be drawn at such time but excluding any terminated Tranche B Term Loan Commitment) (the “Tranche B Unused Commitment Fee” and, together with the Tranche A Unused Commitment Fee, the “Unused Commitment Fees”). The Tranche B Unused Commitment Fee shall be payable in arrears on the first Business Day immediately following the end of each calendar quarter, commencing on July 1, 2024, and on the last day of the Tranche B Availability Period for any period then ending for which the Tranche B Unused Commitment Fee shall not have previously been paid. The Tranche B Unused Commitment Fee shall be computed on the basis of a three hundred sixty five (365) day year for the actual number of 365/366 days. For purposes of computing commitment fees, a Commitment of a Lender shall be deemed to be used to the extent of the outstanding Loans funded by such Lender other than any Loans attributable to PIK Interest and PIK Feesdays elapsed.