Common use of Unused Commitment Fees Clause in Contracts

Unused Commitment Fees. Borrower agrees to pay to the Agent, for distribution to each Lender in proportion to that Lender's Pro Rata Share, unused commitment fees for the period from and including the Closing Date to and excluding the Maturity Date as follows: (i) equal to, if the average of the daily unused portion of the Commitments is greater than 65%, such average of the daily unused portion of the Commitment MULTIPLIED BY 0.25% per annum; or (ii) equal to, if the average of the daily unused portion of the Commitments is less than or equal to 65%, such average of the daily unused portion of the Commitment MULTIPLIED BY 0.20% per annum. Any such unused commitment fees are to be calculated on the basis of a 360-day year and the actual number of days elapsed. Anything contained in this Agreement to the contrary notwithstanding, for purposes of calculating the unused commitment fees payable by Borrower pursuant to this Section 2.8.1, the "UNUSED PORTION OF THE COMMITMENTS," as of any date of determination, shall be an amount equal to the average daily amount by which the aggregate of the Commitments exceeds the sum of: (a) the aggregate principal amount of the Loans outstanding plus (b) the Letter of Credit Usage during the applicable calendar quarter or portion thereof. The unused commitment fee shall be payable as provided in this Section 2.8.1 notwithstanding that the then Available Amount may be less than the amount of the Commitments. An unused commitment fee shall be payable quarterly in arrears on the fifth day of each calendar quarter or portion thereof during the term hereof, with a final payment due on the Maturity Date.

Unused Commitment Fees. Borrower agrees to pay to the Agent, for distribution to each Lender in proportion to that Lender's Pro Rata Share, unused commitment fees for the period from and including the Closing Date to and excluding the Maturity Date as follows: (i) With respect to the New Money Revolving Loans, the Borrower shall pay to Agent a fee (the “Unused Revolving Commitment Fee”) for the account of each Revolving Lender in an amount equal to, if : (1) the average daily balances of the Revolving Commitment of such Revolving Lender during the preceding calendar month, less (2) the average daily unused portion balance of the Commitments is greater than 65all Revolving Loans held by such Revolving Lender (3) multiplied by one-half of one percent (0.50%, such average of the daily unused portion of the Commitment MULTIPLIED BY 0.25% ) per annum; or . (ii) equal to, if the average of the daily unused portion of the Commitments is less than or equal to 65%, such average of the daily unused portion of the Commitment MULTIPLIED BY 0.20% per annum. Any such unused commitment fees are to be calculated on the basis of a 360-day year and the actual number of days elapsed. Anything contained in this Agreement With respect to the contrary notwithstanding, for purposes of calculating the unused commitment fees payable by Borrower pursuant to this Section 2.8.1Aggregate LC Facility Commitments, the "UNUSED PORTION OF THE COMMITMENTS," as Borrower shall pay to Agent a fee (the “Unused LC Commitment Fee”) for the account of any date of determination, shall be each LC Facility Lender in an amount equal to to: (1) the average daily balances of the LC Facility Commitment of such LC Facility Lender during the preceding calendar month, less (2) the average daily amount by which the aggregate of the Commitments exceeds the sum of: (a) the aggregate principal amount of the Loans outstanding plus (b) the Letter of Credit Usage during the applicable calendar quarter or portion thereofObligations held by such LC Facility Lender, (3) multiplied by one-half of one percent (0.50%) per annum. The unused commitment fee total fees paid by the Borrower will be equal to the sum of all of the fees due to the Lenders, subject to subsection 1.11(e)(vi). Such fees shall be payable as provided in this Section 2.8.1 notwithstanding that the then Available Amount may be less than the amount of the Commitments. An unused commitment fee shall be payable quarterly monthly in arrears on the fifth first day of each calendar quarter or portion thereof during month following the term date hereof. The Unused Revolving Commitment Fee provided in subsection 1.9(b)(i) shall accrue at all times from and after the execution and delivery of this Agreement. The Unused LC Commitment Fee provided in subsection 1.9(b)(ii) shall accrue at all times from and after the execution and delivery of this Agreement. For purposes of this subsection 1.9(b), with a final payment due on the Maturity DateRevolving Commitment of any Non-Funding Lender shall be deemed to be zero.

Unused Commitment Fees. Borrower agrees to pay to the Agent, for distribution to each Lender in proportion to that Lender's Pro Rata Share, unused commitment fees for the period from and including the Closing Date to and excluding the Maturity Date as follows: Date, equal to (i) equal to, if the average of the daily unused portion of the Commitments is greater than 65%Commitments, such average of the daily unused portion of the Commitment MULTIPLIED BY multiplied by (ii) 0.25% per annum; or (ii) equal to, if the average of the daily unused portion of the Commitments is less than or equal to 65%, such average of the daily unused portion of the Commitment MULTIPLIED BY 0.20% per annum. Any such unused commitment fees are to be calculated on the basis of a 360-day year and the actual number of days elapsed. Anything contained in this Agreement to the contrary notwithstanding, for purposes of calculating the unused commitment fees payable by Borrower pursuant to this Section 2.8.1, the "UNUSED PORTION OF THE COMMITMENTSunused portion of the Commitments," as of any date of determination, shall be an amount equal to the average daily amount by which the aggregate of the Commitments exceeds the sum of: (a) the aggregate principal amount of the Loans outstanding plus (b) the Letter of Credit Usage during the applicable calendar quarter or portion thereof. The unused commitment fee shall be payable as provided in this this Section 2.8.1 notwithstanding that the then Available Amount may be less than the amount of the Commitments. An unused commitment fee shall be payable quarterly in arrears on the fifth day of each calendar quarter or portion thereof during the term hereof, with a final payment due on the Maturity Date.