Common use of Unused Fee; Facility Fee Clause in Contracts

Unused Fee; Facility Fee. (a) Subject to §2.3(b) below, Borrower agrees to pay to Agent for the account of the Revolving Credit Lenders (other than any Defaulting Revolving Credit Lender) in accordance with their respective Commitment Percentages a facility unused fee (the “Unused Fee”) calculated at the rate per annum as set forth below on the actual daily amount by which the Revolving Credit Commitment exceeds the outstanding principal amount of Revolving Credit Loans, Swing Loans and the face amount of Letters of Credit Outstanding during each calendar quarter or portion thereof commencing on the date hereof and ending on the Revolving Credit Maturity Date. The Unused Fee shall be calculated for each quarter based on the ratio (expressed as a percentage) of (i) the actual daily amount of the outstanding principal amount of the Revolving Credit Loans and (without duplication) Swing Loans and the face amount of Letters of Credit Outstanding during such quarter to (ii) the Revolving Credit Commitment, and if such ratio is less than fifty percent (50%), the Unused Fee shall be payable at the rate of one quarter of one percent (0.25%) per annum, and if such ratio is equal to or greater than fifty percent (50%), the Unused Fee shall be payable at the rate of fifteen hundredths of one percent (0.15%) per annum. The Unused Fee shall be payable quarterly in arrears on the first (1st) Business Day of each calendar quarter for the immediately preceding calendar quarter or portion thereof, and on any earlier date on which the Revolving Credit Commitments shall be reduced or shall terminate as provided in §2.4, with a final payment on the Revolving Credit Maturity Date.

Unused Fee; Facility Fee. (a) Subject to §2.3(b) below), Borrower agrees to pay to the Agent for the account of the Revolving Credit Lenders (other than any a Defaulting Revolving Credit Lender for such period of time as such Lender is a Defaulting Lender) in accordance with their respective Revolving Credit Commitment Percentages a facility an unused fee (the “Unused Fee”) calculated at the rate per annum as set forth below on the actual average daily amount by which the Total Revolving Credit Commitment exceeds the outstanding principal amount of Outstanding Revolving Credit Loans, Swing Loans aggregate Letter of Credit Liabilities, and the face amount of Letters of Credit Outstanding Swing Loans, during each calendar quarter or portion thereof commencing on the date hereof and ending on the Revolving Credit Maturity Date, subject to §2.3(b). The Unused Fee shall be calculated for each quarter based on the ratio (expressed as a percentage) of (ia) the actual daily average amount of the outstanding principal amount of the Outstanding Revolving Credit Loans and (without duplication) Loans, Outstanding Bid Loans, Outstanding Swing Loans and the face amount of Letters aggregate Letter of Credit Outstanding Liabilities during such quarter to (iib) the Total Revolving Credit Commitment, and if such ratio is less than fifty percent (50%), the Unused Fee shall be payable at the rate of one quarter of one percent (0.25%) % per annum, and if such ratio is equal to or greater than fifty percent (50%), the Unused Fee shall be payable at the rate of fifteen hundredths of one percent (0.15%) % per annum. The Unused Fee shall be payable quarterly in arrears on the first (1st) Business Day day of each calendar quarter for the immediately preceding calendar quarter or portion thereof, and on any earlier date on which the Total Revolving Credit Commitments shall be reduced or shall terminate as provided in §2.4, with a final payment on the Revolving Credit Maturity Date.

Unused Fee; Facility Fee. (a) Subject to §2.3(b) below, Borrower agrees the Borrowers agree to pay to Agent for the account of the Revolving Credit Lenders (other than any Defaulting Revolving Credit Lender) in accordance with their respective Revolving Credit Commitment Percentages a facility unused fee (the “Unused Fee”) calculated at the rate per annum as set forth below on the actual daily amount by which the Revolving Credit Commitment exceeds the outstanding principal amount of Revolving Credit Loans, Swing Loans and the face amount of Letters of Credit Outstanding during each calendar quarter or portion thereof commencing on the date hereof and ending on the Revolving Credit Maturity Date. The Unused Fee shall be calculated for each quarter based on the ratio (expressed as a percentage) of (i) the actual daily amount of the outstanding principal amount of the Revolving Credit Loans and (without duplication) Swing Loans and the face amount of Letters of Credit Outstanding during such quarter to (ii) the Revolving Credit Commitment, and if such ratio is less than fifty percent (50%), the Unused Fee shall be payable at the rate of one quarter of one percent (0.25%) per annum, and if such ratio is equal to or greater than fifty percent (50%), the Unused Fee shall be payable at the rate of fifteen hundredths of one percent (0.15%) per annum. The Unused Fee shall be payable quarterly in arrears on the first (1st) Business Day of each calendar quarter for the immediately preceding calendar quarter or portion thereof, and on any earlier date on which the Revolving Credit Commitments shall be reduced or shall terminate as provided in §2.4, with a final payment on the Revolving Credit Maturity Date.

Unused Fee; Facility Fee. (a) Subject to §2.3(b) below, The Borrower agrees to pay to the Agent for the account of the Revolving Credit Lenders (other than any that are Non-Defaulting Revolving Credit Lender) Lenders in accordance with their respective Revolving Credit Commitment Percentages a facility an unused fee (the “Unused Fee”) calculated at the rate per annum as set forth below on the actual average daily amount by which the Total Revolving Credit Commitment exceeds the outstanding principal amount of Revolving Credit Loans, Swing Loans and the face amount of Letters of Credit Outstanding during each calendar quarter or portion thereof commencing on the date hereof and ending on the Revolving Credit Maturity Date, subject to §2.3(b). The Unused Fee shall be calculated for each quarter based on by multiplying the ratio (expressed Unused Fee Percentage applicable to such day, calculated as a percentage) per diem rate, times the excess of (i) the actual daily amount of Total Revolving Credit Commitment over the outstanding principal amount of the Revolving Credit Loans and (without duplication) Swing Loans and the face amount of Letters of Credit Outstanding during on such quarter to (ii) the Revolving Credit Commitment, and if such ratio is less than fifty percent (50%), the Unused Fee shall be payable at the rate of one quarter of one percent (0.25%) per annum, and if such ratio is equal to or greater than fifty percent (50%), the Unused Fee shall be payable at the rate of fifteen hundredths of one percent (0.15%) per annumday. The Unused Fee shall be payable quarterly in arrears on the first (1st) Business Day day of each calendar quarter for the immediately preceding calendar quarter or portion thereof, and on any earlier date on which the Total Revolving Credit Commitments shall be reduced or shall terminate as provided in §2.4, with a final payment on the Revolving Credit Maturity Date.

Unused Fee; Facility Fee. (a) Subject to §2.3(b) below, Borrower agrees the Borrowers agree to pay to Agent for the account of the Revolving Credit Lenders (other than any Defaulting Revolving Credit Lender) in accordance with their respective Commitment Percentages a facility unused fee (the “Unused Fee”) calculated at the rate per annum as set forth below on the actual daily amount by which the Revolving Credit Commitment exceeds the outstanding principal amount of Revolving Credit Loans, Swing Loans and the face amount of Letters of Credit Outstanding during each calendar quarter or portion thereof commencing on the date hereof and ending on the Revolving Credit Maturity Date. The Unused Fee shall be calculated for each quarter based on the ratio (expressed as a percentage) of (i) the actual daily amount of the outstanding principal amount of the Revolving Credit Loans and (without duplication) Swing Loans and the face amount of Letters of Credit Outstanding during such quarter to (ii) the Revolving Credit Commitment, and if such ratio is less than fifty percent (50%), the Unused Fee shall be payable at the rate of one quarter of one percent (0.25%) per annum, and if such ratio is equal to or greater than fifty percent (50%), the Unused Fee shall be payable at the rate of fifteen hundredths of one percent (0.15%) per annum. The Unused Fee shall be payable quarterly in arrears on the first (1st) Business Day of each calendar quarter for the immediately preceding calendar quarter or portion thereof, and on any earlier date on which the Revolving Credit Commitments shall be reduced or shall terminate as provided in §2.4, with a final payment on the Revolving Credit Maturity Date.

Unused Fee; Facility Fee. (a. i) Subject to §2.3(b) below, Borrower agrees the Borrowers agree to pay to Agent for the account of the Revolving Credit Lenders (other than any Defaulting Revolving Credit Lender) in accordance with their respective Commitment Percentages a facility unused fee (the “Unused Fee”) calculated at the rate per annum as set forth below on the actual daily amount by which the Revolving Credit Commitment exceeds the outstanding principal amount of Revolving Credit Loans, Swing Loans and the face amount of Letters of Credit Outstanding during each calendar quarter or portion thereof commencing on the date hereof and ending on the Revolving Credit Maturity Date. The Unused Fee shall be calculated for each quarter based on the ratio (expressed as a percentage) of (i) the actual daily amount of the outstanding principal amount of the Revolving Credit Loans and (without duplication) Swing Loans and the face amount of Letters of Credit Outstanding during such quarter to (ii) the Revolving Credit Commitment, and if such ratio is less than fifty percent (50%), the Unused Fee shall be payable at the rate of one quarter of one percent (0.25%) per annum, and if such ratio is equal to or greater than fifty percent (50%), the Unused Fee shall be payable at the rate of fifteen hundredths of one percent (0.15%) per annum. The Unused Fee shall be payable quarterly in arrears on the first (1st) Business Day of each calendar quarter for the immediately preceding calendar quarter or portion thereof, and on any earlier date on which the Revolving Credit Commitments shall be reduced or shall terminate as provided in §2.4, with a final payment on the Revolving Credit Maturity Date.