Common use of Unused Fee Clause in Contracts

Unused Fee. During the Commitment Period, the Lessee agrees to pay or to cause to be paid to the Agent for the account of (a) the Lenders, respectively, an unused fee (the "Lender Unused Fee") equal to the product of the average daily Available Commitment of each Lender during the Commitment Period multiplied by the rate per annum set forth as the Unused Fee in the definition of Applicable Percentage and (b) the Holders, respectively, an unused fee (the "Holder Unused Fee") equal to the product of the average daily Available Holder Commitment of each Holder during the Commitment Period multiplied by the rate per annum set forth as the Unused Fee in the definition of Applicable Percentage. Such Unused Fees shall be payable quarterly in arrears on each Unused Fee Payment Date. If all or a portion of any such Unused Fee shall not be paid when due, such overdue amount shall bear interest, payable by the Lessee on demand, at a rate per annum equal to the ABR plus the Applicable Percentage (or in the case of Holder Yield, the ABR plus the Applicable Percentage for ABR Holder Advances) plus two percent (2%) from the date of such non-payment until such amount is paid in full (as well as before judgment).

Unused Fee. During the Commitment Period, the Lessee agrees shall cause the Lessor to pay or to cause to be paid to the Agent for the account of (a) the Lenders, respectively, an unused fee on the unused Lender Commitments (the "“Lender Unused Fee"”) equal to the product of the then current average daily Available Commitment of each Lender during the Commitment Period preceding quarter multiplied by the a rate per annum set forth as equal to the Unused Fee percentage shown in the appropriate table in the definition of Applicable Percentage which corresponds to the appropriate Pricing Level and (b) the Holders, respectively, an unused fee on the unused Holder Commitments (the "“Holder Unused Fee"”) equal to the product of the then current average daily Available Holder Commitment of each Holder during the Commitment Period preceding quarter multiplied by the a rate per annum set forth as equal to the Unused Fee percentage shown on the appropriate table in the definition of Applicable PercentagePercentage which corresponds to the appropriate Pricing Level. Such Unused Fees shall be payable quarterly in arrears on each Unused Fee Payment DateDate and shall be pro rated for any partial quarters. If all or a portion of any such Unused Fee shall not be paid when due, such overdue amount shall bear interest, payable by the Lessee on demand, at a rate per annum equal to the ABR plus the Applicable Percentage (or x) in the case of Holder Yieldthe Lender Unused Fee, the ABR plus the Applicable Percentage for ABR Holder Advances) plus two percent (2%) from the date of such non-payment until such amount is paid in full (as well as before judgment), (y) in the case of the Holder Unused Fee, the ABR plus two and seventy-five hundredths percent (2.75%) from the date of each non-payment until such amount is paid in full (as well as before judgment).

Unused Fee. During the Commitment Period, the Lessee agrees to pay or to cause to be paid to the Agent for the account of (a) the Lenders, respectively, an unused fee (the "Lender Unused Fee") equal to the product of the average daily Available Commitment of each Lender during the Commitment Period multiplied by the applicable rate per annum set forth as the for Unused Fee in the definition of Applicable Percentage in accordance with the provisions set forth in such definition and (b) the Holders, respectively, an unused fee (the "Holder Unused Fee") equal to the product of the average daily Available Holder Commitment of each Holder during the Commitment Period multiplied by the applicable rate per annum set forth as the for Unused Fee in the definition of Applicable PercentagePercentage in accordance with the provisions set forth in such definition. Such Unused Fees shall be payable quarterly in arrears on each Unused Fee Payment Date. If all or a portion of any such Unused Fee shall not be paid when due, such overdue amount shall bear interest, payable by the Lessee on demand, at a rate per annum equal to the ABR plus the Applicable Percentage then applicable to Tranche B Loans which are ABR Loans (or in the case of Holder Yield, the ABR plus the Applicable Percentage for ABR then applicable to Holder Advances) Advances plus two percent (2%) from the date of such non-payment until such amount is paid in full (as well as before judgment).

Unused Fee. During the Commitment Period, the Lessee agrees to pay or to cause to be paid to the Agent for the account of (a) the Lenders, respectively, an unused fee (the "Lender Unused Fee") equal to the product of the average daily Available Commitment of each Lender during the Commitment Period multiplied by the rate Applicable Percentage per annum set forth as the Unused Fee in the definition of Applicable Percentage and (b) the Holders, respectively, an unused fee (the "Holder Unused Fee") equal to the product of the average daily Available Holder Commitment of each Holder during the Commitment Period multiplied by the rate Applicable Percentage per annum set forth as the Unused Fee in the definition of Applicable Percentageannum. Such Unused Fees shall be payable quarterly in arrears on each Unused Fee Payment Date. If all or a portion of any such Unused Fee shall not be paid when due, such overdue amount shall bear interest, payable by the Lessee on demand, at a rate per annum equal to the ABR plus the Applicable Percentage (or in the case of Holder Yield, the ABR plus the Applicable Percentage for ABR Eurodollar Holder Advances) plus two percent (2%) from the date of such non-payment until such amount is paid in full (as well as before judgment).

Unused Fee. During the Commitment Period, the Lessee agrees to pay or to cause to be paid to the Agent for the account of (a) the Lenders, respectively, an unused fee (the "Lender Unused Fee") equal to the product of the average daily Available Commitment of each Lender during the Commitment Period multiplied by the a rate of one-half of one percent (.50%) per annum set forth as the Unused Fee in the definition of Applicable Percentage and (b) the Holders, respectively, an unused fee (the "Holder Unused Fee") equal to the product of the average daily Available Holder Commitment of each Holder during the Commitment Period multiplied by the a rate of one-half of one percent (.50%) per annum set forth as the Unused Fee in the definition of Applicable Percentageannum. Such Unused Fees shall begin to accrue on the Initial Closing Date, and shall be calculated on the basis of a year of three hundred sixty (360) days for the actual days elapsed and shall be payable quarterly in arrears on the date of the initial Advance hereunder and thereafter on each Unused Fee Payment Date. If all or a portion of any such Unused Fee shall not be paid when due, such overdue amount shall bear interest, payable by the Lessee on demand, at a rate per annum equal to the ABR plus the Applicable Percentage (or in the case of Holder Yield, the ABR plus the Applicable Percentage for ABR Eurodollar Holder Advances) plus two percent (2%) from the date of such non-payment until such amount is paid in full (as well as before judgment).

Unused Fee. During the Commitment Period, the Lessee agrees Lessee, at its option, either (x) shall have the Lessor pay (in which case the Lessor shall so pay, provided funds are made available by the Lenders and Holders therefor through Advances) as a Transaction Expense or (y) to pay or to cause to be the extent such amounts are not otherwise paid by the Lessor, shall timely pay, in either case to the Agent for the account of (a) the Lenders, respectively, an unused fee (the "Lender Unused Fee") equal to the product of the average daily Available Commitment Commitments of each Lender the Lenders during the Commitment Period multiplied by the rate per annum set forth as Applicable Percentage for the Lender Unused Fee in the definition of Applicable Percentage and (b) the Holders, respectively, an unused fee (the "Holder Unused Fee") equal to the product of the average daily Available Holder Commitment Commitments of each Holder the Holders during the Commitment Period multiplied by the rate per annum set forth as Applicable Percentage for the Holder Unused Fee in the definition of Applicable PercentageFee. Such Unused Fees shall be payable quarterly in arrears on each Unused Fee Payment Date. If all or a portion of any such Unused Fee shall not be paid when due, such overdue amount shall bear interest, payable by the Lessee on demand, at a rate per annum equal to the ABR plus the Applicable Percentage (or in the case of Holder Yield, the ABR plus the Applicable Percentage for ABR Eurodollar Holder Advances) plus two percent (2%) from the date of such non-payment until such amount is paid in full (after as well as before judgment).

Unused Fee. During the Commitment Period, The Guarantor and the Lessee agrees jointly and severally agree to pay or to cause to be paid to the Agent for the account of (a) the Lenders, respectively, each Lender an unused fee (the "Lender Unused Fee") computed at a rate per annum equal to Applicable Percentage for the product of Unused Fee multiplied by the average daily Available Commitment of each Lender during the Commitment Period multiplied by Period. The Guarantor and the rate per annum set forth as Lessee jointly and severally agree to pay to the Unused Fee in Agent for the definition account of Applicable Percentage and (b) the Holders, respectively, each Holder an unused fee (the "Holder Unused Fee") computed at a rate per annum equal to Applicable Percentage for the product of Unused Fee multiplied by the average daily Available Holder Commitment of each Holder during the Commitment Period multiplied by the rate per annum set forth as the Period. Such Lender Unused Fee in and such Holder Unused Fee shall be calculated on the definition basis of Applicable Percentage. Such Unused Fees 360-day year from the actual days elapsed and shall be payable quarterly in arrears on each Unused Commitment Fee Payment Date. If all or a portion of any such Lender Unused Fee or Holder Unused Fee shall not be paid when due, such overdue amount shall bear interest, payable by the Lessee and the Guarantor on demand, at a rate per annum equal to the ABR plus the Applicable Percentage (or in the case of Holder Yield, the ABR plus the Applicable Percentage for ABR Holder Advances) plus two three percent (23%) from the date of such non-payment until such amount is paid in full (as well as before judgment)."

Unused Fee. During the Commitment Period, the Lessee agrees to pay or to cause to be paid to the Agent for the account of (a) the Lenders, respectively, an unused fee (the "“Lender Unused Fee"”) equal to the product of the average daily Available Commitment of each Lender during the Commitment Period multiplied by the applicable rate per annum set forth as the for Unused Fee in the definition of Applicable Percentage in accordance with the provisions set forth in such definition and (b) the Holders, respectively, an unused fee (the "“Holder Unused Fee"”) equal to the product of the average daily Available Holder Commitment of each Holder during the Commitment Period multiplied by the applicable rate per annum set forth as the for Unused Fee in the definition of Applicable PercentagePercentage in accordance with the provisions set forth in such definition. Such Unused Fees shall be payable quarterly in arrears on each Unused Fee Payment Date. If all or a portion of any such Unused Fee shall not be paid when due, such overdue amount shall bear interest, payable by the Lessee on demand, at a rate per annum equal to the ABR plus the Applicable Percentage then applicable to Tranche B Loans which are ABR Loans (or in the case of Holder Yield, the ABR plus the Applicable Percentage for ABR then applicable to Holder Advances) Advances plus two percent (2%) from the date of such non-payment until such amount is paid in full (as well as before judgment).

Unused Fee. During Except as otherwise provided in the last sentence hereof, during the Commitment PeriodPeriod the Lessor shall timely pay, the Lessee agrees to pay or to cause to be paid in either case to the Agent for the account of (a) the Lenders, respectively, an unused fee (the "Lender Unused Fee") for each day during the Commitment Period equal to the product of the average daily actual Available Commitment of each Lender during the Commitment Period on such date multiplied by the a rate per annum set forth as the Unused Fee in the definition of Applicable Percentage per annum on such date and (b) the Holders, respectively, an unused fee (the "Holder Unused Fee") for each day during the Commitment Period equal to the product of the average daily actual Available Holder Commitment of each Holder during the Commitment Period on such date multiplied by the a rate of Applicable Percentage per annum set forth as the Unused Fee in the definition of Applicable Percentageon such date. Such Unused Fees shall be payable quarterly in arrears on each Unused Fee Payment DateDate for the actual number of days elapsed in such quarter (including the first day but excluding the last day). If all or a portion of any such Unused Fee shall not be paid when due, such overdue amount shall bear interest, payable by the Lessee on demand, at a rate per annum equal to the ABR plus the Applicable Percentage (or in the case of Holder Yield, the ABR plus the Applicable Percentage for ABR Holder Advances) plus two percent (2%) from the date of such non-payment until such amount is paid in full (as well as before judgment); provided, however, the Lessor shall pay such amounts described in this Section 7.4 only if funds are made available by the Lenders and the Holders in an amount sufficient to allow such payment. Upon the expiration of the Commitment Period all such fees, costs and expenses shall be paid by Lessee and not the Lessor.

Unused Fee. During the Commitment Period, the Lessee agrees Lessee, at its option, either (x) shall cause the Lessor to pay or (y) to cause to be the extent such amounts are not otherwise paid by the Lessor, the Lessee shall timely pay, in either case to the Agent for the account of (a) the Lenders, respectively, an unused fee (the "Lender Unused Fee") equal to the product of the average daily Available Commitment of each Lender during the Commitment Period multiplied by the a rate per annum set forth as equal to the Unused Fee in the definition of then current Applicable Percentage for Unused Fees and (b) the Holders, respectively, an unused fee (the "Holder Unused Fee") equal to the product of the average daily Available Holder Commitment of each Holder during the Commitment Period multiplied by the a rate of per annum set forth as equal to the then current Applicable Percentage for Unused Fee in the definition of Applicable PercentageFees. Such Unused Fees shall be payable quarterly in arrears on each Unused Fee Payment Date. If all or a portion of any such Unused Fee shall not be paid when due, such overdue amount shall bear interest, payable by the Lessee on demand, at a rate per annum equal to the ABR plus the Applicable Percentage (or in the case of Holder Yield, the ABR plus the Applicable Percentage for ABR Eurodollar Holder Advances) plus two percent (2%) from the date of such non-payment until such amount is paid in full (as well as before judgment).

Unused Fee. During the Commitment Period, Period the Lessee agrees to pay or to cause to be paid to the Agent for the account of (a) the Lenders, respectively, an unused fee (the "Lender Unused Fee") equal to the product of the average daily Available Commitment of each Lender during the Commitment Period multiplied by the a rate of three-eighths of one percent (0.375%) per annum set forth as the Unused Fee in the definition of Applicable Percentage and (b) the Holders, respectively, respectively an unused fee (the "Holder Unused Fee") equal to the product of the average daily Available Holder Commitment of each Holder during the Commitment Period multiplied by the a rate of three-eighths of one percent (0.375%) per annum set forth as the Unused Fee in the definition of Applicable Percentageannum. Such Unused Fees shall be are payable quarterly in arrears on each Unused Fee Payment Date. If all or a portion of any such Unused Fee shall not be paid when due, such overdue amount shall bear interest, payable by the Lessee on demand, at a rate per annum equal to the ABR plus the Applicable Percentage (or in the case of Holder Yield, the ABR plus the Applicable Percentage for ABR Eurodollar Holder Advances) plus two percent (2%) from the date of such non-payment until such amount is paid in full (as well as before judgment).

Unused Fee. During the Commitment Period, the Lessee agrees to pay or to cause to be paid to the Agent for the account of (a) the Lenders, respectively, an unused fee (the "Lender Unused Fee") equal to the product of the average daily Available Commitment of each Lender during the Commitment Period multiplied by the rate Applicable Percentage per annum set forth as the Unused Fee in the definition of Applicable Percentage and (b) the Holders, respectively, an unused fee (the "Holder Unused Fee") equal to the product of the average daily Available Holder Commitment of each Holder during the Commitment Period multiplied by the rate Applicable Percentage per annum set forth as the Unused Fee in the definition of Applicable Percentageannum. Such Unused Fees shall be calculated on the basis of a year of three hundred sixty (360) days for the actual days elapsed and shall be payable quarterly in arrears on each Unused Fee Payment Date. If all or a portion of any such Unused Fee shall not be paid when due, such overdue amount shall bear interest, payable by the Lessee on demand, at a rate per annum equal to the ABR plus the Applicable Percentage (or in the case of Holder Yield, the ABR plus the Applicable Percentage for ABR Eurodollar Holder Advances) plus two percent (2%) from the date of such non-payment until such amount is paid in full (as well as before judgment).