Common use of Unused Delayed Draw Commitment Fee Clause in Contracts

Unused Delayed Draw Commitment Fee. Accruing from the Closing Date until the earlier to occur of (i) the Delayed Draw Date or (ii) Term Loan Commitment Termination Date, the Borrower agrees to pay to the Administrative Agent for the account of each Lender according to its Pro Rata Share of the Term Loan Commitments, a nonrefundable unused commitment fee (each an “Unused Delayed Draw 25 Commitment Fee”) equal to 0.40% (computed on the basis of a year of 360 days, as the case may be, and actual days elapsed) multiplied by the maximum available amount of the Term Loan Commitments; provided, however, that any Unused Delayed Draw Commitment Fee accrued with respect to the Term Loan Commitment 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 Borrower so long as such Lender shall be a Defaulting Lender except to the extent that such Unused Delayed Draw Commitment Fee shall otherwise have been due and payable by the Borrower prior to such time; and provided further that no Unused Delayed Draw Commitment Fee shall accrue with respect to the Term Loan Commitment of a Defaulting Lender so long as such Lender shall be a Defaulting Lender. Subject to the provisos in the directly preceding sentence, all Unused Delayed Draw Commitment Fees shall be payable in arrears on each Interest Payment Date.

Unused Delayed Draw Commitment Fee. Accruing from The Borrowers shall pay to the Closing Date until Agent, for the earlier to occur ratable benefit of (i) the Delayed Draw Date or (ii) Term Loan Commitment Termination Date, the Borrower agrees to pay to the Administrative Agent for the account of each Lender according to its Pro Rata Share of the Term Loan CommitmentsLenders, a nonrefundable unused commitment fee (each an the “Unused Delayed Draw 25 Commitment Fee”) ), subject to adjustment as provided in Section 2.12, in respect of each Loan Year equal to 0.40% three percent (computed on the basis of a year of 360 days3.00%) per annum, as the case may be, and actual days elapsed) multiplied by the maximum available difference, if positive, between (a) the average daily amount of the Term Loan Commitments; provided, however, that any Unused Aggregate Delayed Draw Commitment Fee accrued with respect to the Term Loan Commitment of a Defaulting Lender during the period prior to applicable Loan Year (or portion thereof), minus (b) the time such Lender became a Defaulting Lender and unpaid at such time shall not be payable by average daily amount of the Borrower so long as such Lender shall be a Defaulting Lender except to the extent that such Unused Aggregate Delayed Draw Commitment Fee shall otherwise have been due and payable by Term Loan Outstandings during the Borrower prior to such time; and provided further that no applicable Loan Year (or portion thereof). The Unused Delayed Draw Commitment Fee shall accrue with respect to at all times during the Term Loan Commitment Delayed Draw Availability Period, including at any time during which one or more of a Defaulting Lender so long as such Lender the conditions in Article V is not met, and shall be a Defaulting Lenderdue and payable annually in arrears on the first Business Day of each Loan Year, commencing with the first such date to occur after the Closing Date, and on the last day of the Delayed Draw Availability Period (it being understood that the amount of the Unused Delayed Draw Commitment Fee due on the Amendment No. Subject 3 Effective Date (i.e., the last day of the Delayed Draw Availability Period) is equal to the provisos in the directly preceding sentence, all $0). No Unused Delayed Draw Commitment Fees shall be payable in arrears on each Interest Payment Date.accrue from and after the Amendment No. 3

Unused Delayed Draw Commitment Fee. Accruing from the Closing Date until the earlier to occur of (i) the Delayed Draw Date or (ii) Term Loan Commitment Termination Date, the Borrower agrees to pay to the Administrative Agent for the account of each Lender according to its Pro Rata Share of the Term Loan Commitments, a nonrefundable unused commitment fee (each an “Unused Delayed Draw 25 Commitment Fee”) equal to 0.40% (computed on the basis of a year of 360 days, as the case may be, and actual days elapsed) multiplied by the maximum available amount of the Term Loan Commitments; provided, however, that any Unused Delayed Draw Commitment Fee accrued with respect to the Term Loan Commitment 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 Borrower so long as such Lender shall be a Defaulting Lender except to the extent that such Unused Delayed Draw Commitment Fee shall otherwise have been due and payable by the Borrower prior to such time; and provided further that no Unused Delayed Draw Commitment Fee shall accrue with respect to the Term Loan Commitment of a Defaulting Lender so long as such Lender shall be a Defaulting Lender. Subject to the provisos in the directly preceding sentence, all Unused Delayed Draw Commitment Fees shall be payable in arrears on each Interest Payment Date.