Common use of Unused Fee Clause in Contracts

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused fee equal to the Unused Rate times the actual daily amount by which the Aggregate Commitments exceed the sum of (i) the Outstanding Amount of Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee. The unused fee shall accrue at all times during the Availability Period, 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 Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period. The unused fee shall be calculated quarterly in arrears, and if there is any change in the Unused Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Rate separately for each period during such quarter that such Unused Rate was in effect.

Appears in 4 contracts

Samples: Credit Agreement (Braemar Hotels & Resorts Inc.), Credit Agreement (Ashford Hospitality Prime, Inc.), Credit Agreement (Ashford Hospitality Prime, Inc.)

AutoNDA by SimpleDocs

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused fee equal to the Unused Applicable Rate times the actual daily amount by which the Aggregate Commitments exceed the sum of (i) the Outstanding Amount of Committed Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.172.16. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee. The unused fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV is not met, and shall be due and payable (i) quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and (ii) on the last day of the Availability Period. The unused fee shall be calculated quarterly in arrears, and if there is any change in the Unused Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Applicable Rate separately for each period during such quarter that such Unused Applicable Rate was in effect.

Appears in 3 contracts

Samples: Credit Agreement (McGrath Rentcorp), Credit Agreement (McGrath Rentcorp), Credit Agreement (McGrath Rentcorp)

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused fee equal to the Unused Applicable Rate times the actual daily amount by which the Aggregate Commitments exceed the sum of (i) the Outstanding Amount of Loans Committed Loans, (ii) the Outstanding Amount of Swing Line Loans, and (iiiii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, (x) the Outstanding Amount of Swing Line Loans shall be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee and (y) the Outstanding Amount of Bid Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee. The unused fee shall accrue at all times during the Availability Period, 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 first (1st) Business Day after the end of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period. The unused fee shall be calculated quarterly in arrears, and if there is any change in the Unused Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Applicable Rate separately for each period during such quarter that such Unused Applicable Rate was in effect.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (NVR Inc)

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused fee equal to the Unused Rate times the actual daily amount by which the Aggregate Commitments exceed the sum of (i) the Outstanding Amount of Committed Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee. The unused fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV VI is not met, and shall be due and payable quarterly in arrears on the last first (1st) Business Day after the end of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period. The unused fee shall be calculated quarterly in arrears, and if there is any change in the Unused Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Rate separately for each period during such quarter that such Unused Applicable Rate was in effect.

Appears in 2 contracts

Samples: Credit Agreement (Rexford Industrial Realty, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.)

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused fee equal to the Unused Applicable Rate times the actual daily amount by which the Aggregate Commitments exceed the sum of (i) the Outstanding Amount of Committed Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee2.16. The unused fee shall accrue at all times during the Availability Period, 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 Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period. The unused fee shall be calculated quarterly in arrears, and if there is any change in the Unused Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Applicable Rate separately for each period during such quarter that such Unused Applicable Rate was in effect. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee.

Appears in 1 contract

Samples: Credit Agreement (Mantech International Corp)

Unused Fee. The Borrower BorrowerBorrowers shall pay to the Administrative Agent for the account of each Revolving Lender in accordance with its Applicable PercentagePro Rata Share of each Revolving Credit Facility, an unused fee equal to the Unused Applicable Rate for such Revolving Credit Facility times the actual daily amount by which the Aggregate Revolving Commitments exceed the sum of (i) the Outstanding Amount of Revolving Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Revolving Commitments for purposes of determining the unused fee. The unused fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV Section 4.02 is not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability PeriodMaturity Date for any Revolving Credit Facility. The unused fee shall be calculated quarterly in arrears, and if there is any change in the Unused Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Applicable Rate separately for each period during such quarter that such Unused Applicable Rate was in effect.

Appears in 1 contract

Samples: Credit Agreement (Viad Corp)

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused fee equal to (the Unused Rate Fee”) of 0.20% per annum times the actual daily amount by which the Aggregate Commitments exceed the sum of difference between (i) the Outstanding Amount of Loans Revolving Commitment Amount, and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage average daily balance of the Aggregate Commitments for purposes of determining Total Outstandings under the unused feeRevolving Credit Facility. The unused fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV is not met, and Unused Fee shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability PeriodPeriod (and, if applicable, thereafter on demand). The unused fee Unused Fee shall be calculated quarterly in arrears. Notwithstanding anything to the contrary, and if there is any change in the Unused Rate Fee shall be 0.15% per annum during any quarterly period in which the average daily balance of the Total Outstandings under the Revolving Credit Facility equaled or exceeded fifty percent (50%) of the Aggregate Commitments under the Revolving Credit Facility for each day of such quarter. Notwithstanding any of the foregoing to the contrary, the actual daily amount no Defaulting Lender shall be computed and multiplied by the Unused Rate separately entitled to receive any fee payable under this Section 2.09 for each any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such quarter fee that such Unused Rate was in effectotherwise would have been required to have been paid to that Defaulting Lender).

Appears in 1 contract

Samples: Credit Agreement (CNL Healthcare Properties, Inc.)

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused fee (the “Unused Fee”) on the average daily unused amount of the Commitment of such Lender for the period from the Effective Date to the Maturity Date, at a rate equal to the applicable Unused Rate times the actual daily amount by which the Aggregate Commitments exceed the sum of (i) the Outstanding Amount of Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused feeFee Rate. The unused fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV is not met, and Unused Fee shall be due and payable quarterly in arrears (x) on the last first Business Day after the end of each of March, June, September and December, commencing with the first such date to occur after the Closing Date, and (y) on the last day Maturity Date (or any earlier acceleration of the Availability PeriodObligations) , in each case for any period then ending for which the Unused Fee has not previously been paid. For purposes of computing the Unused Fees, the Commitment of any Lender shall be deemed to be used to the extent of the aggregate principal amount at such time of its outstanding Revolving Loans and such Lender’s participation in L/C Obligations. The unused fee Unused Fee shall be calculated quarterly in arrears, arrears and if there is any change in the different Unused Rate Fee Rates apply during any quarterperiod of calculation, the actual daily amount shall be computed and multiplied by the applicable Unused Fee Rate separately for each period during such quarter that which such Unused Fee Rate was in effect.

Appears in 1 contract

Samples: Credit Agreement (Landsea Homes Corp)

Unused Fee. The Borrower shall Borrowers shall, jointly and severally, pay to the Administrative Agent for the account of each Revolving Credit Lender in accordance with its Applicable Revolving Credit Percentage, an unused line fee (the “Unused Fee”) equal to the Unused Applicable Fee Rate times the actual daily amount by which the Aggregate Commitments exceed Revolving Credit Facility exceeds the sum of (i) the Outstanding Amount of Revolving Credit Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee. The unused fee Unused Fee shall accrue at all times during the Availability Period, 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 Business Day of each March, June, September and December, commencing with the first such date to occur after the Original Closing Date, and on the last day of the Availability Period. The unused fee Unused Fee shall be calculated quarterly in arrears, and if there is any change in the Unused Applicable Fee Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Applicable Fee Rate separately for each period during such quarter that such Unused Applicable Fee Rate was in effect.

Appears in 1 contract

Samples: Credit Agreement (American Residential Properties, Inc.)

Unused Fee. The Borrower Borrowers shall pay to the Administrative Agent for the account of each Revolving Lender in accordance with its Applicable Percentage, an unused a fee (the “Unused Fee”) equal to the Unused Rate 0.25% per annum times the actual daily amount by which the Aggregate Revolving Credit Commitments exceed exceeds the sum of (i) the Outstanding Amount of Revolving Loans and (ii) the Outstanding Amount of L/C Letter of Credit Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the The Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Revolving Credit Commitments for purposes of determining the unused feeUnused Fee. The unused fee Unused Fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV ARTICLE V is not met, and shall be due and payable quarterly in arrears on the last first Business Day of after each March, June, September and Decembercalendar quarter, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period. The unused fee shall be calculated quarterly in arrears, and if If there is any change in the Unused Rate Applicable Margin during any quarter, the actual daily amount shall be computed and multiplied by the Unused Rate Applicable Margin separately for each period during such quarter that such Unused Rate Applicable Margin was in effect.

Appears in 1 contract

Samples: Credit Agreement (StarTek, Inc.)

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused a fee (the “Unused Fee”) equal to the Unused Applicable Rate times the actual daily amount by which the Aggregate Commitments exceed the sum of (i) the Outstanding Amount of Committed Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee2.16. The unused fee Unused Fee shall accrue at all times during the Availability Period, 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 Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period. The unused fee Unused Fee shall be calculated quarterly in arrears, and if there is any change in the Unused Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Applicable Rate separately for each period during such quarter that such Unused Applicable Rate was in effect. For purposes of computing the Unused Fee, Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments.

Appears in 1 contract

Samples: Credit Agreement (Ats Corp)

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused fee equal to the Unused Applicable Rate applicable to the Committed Loan Facility times the actual daily amount by which the Aggregate Commitments exceed the sum of (i) the Outstanding Amount of Committed Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.172.16 (the “Unused Fee”). For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused feeUnused Fee. The unused fee Unused Fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV is not met, and shall be due and payable (i) quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and (ii) on the last day of the Availability Period. The unused fee Unused Fee shall be calculated quarterly in arrears, and if there is any change in the Unused Applicable Rate applicable to the Committed Loan Facility during any quarter, the actual daily amount shall be computed and multiplied by the Unused Applicable Rate applicable to the Committed Loan Facility separately for each period during such quarter that such Unused Applicable Rate was in effect.

Appears in 1 contract

Samples: First Incremental Facility Amendment (McGrath Rentcorp)

Unused Fee. The Borrower Borrowers shall pay to the Administrative Agent for the account of each Revolving Lender in accordance with its Applicable PercentagePro Rata Share of each Revolving Credit Facility, an unused fee equal to the Unused Applicable Rate for such Revolving Credit Facility times the actual daily amount by which the Aggregate Revolving Commitments exceed the sum of (i) the Outstanding Amount of Revolving Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Revolving Commitments for purposes of determining the unused fee. The unused fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV Section 4.02 is not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability PeriodMaturity Date for any Revolving Credit Facility. The unused fee shall be calculated quarterly in arrears, and if there is any change in the Unused Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Applicable Rate separately for each period during such quarter that such Unused Applicable Rate was in effect.

Appears in 1 contract

Samples: Canadian Benchmark Replacement Conforming Changes Amendment (Viad Corp)

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused fee equal to the Unused Applicable Rate times the actual daily amount by which the Aggregate Commitments exceed the sum of (i) the Outstanding Amount of Committed Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.172.16 (the “Unused Fee”). For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused feeUnused Fee. The unused fee Unused Fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV is not met, and shall be due and payable (i) quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and (ii) on the last day of the Availability Period. The unused fee Unused Fee shall be calculated quarterly in arrears, and if there is any change in the Unused Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Applicable Rate separately for each period during such quarter that such Unused Applicable Rate was in effect.

Appears in 1 contract

Samples: Credit Agreement (McGrath Rentcorp)

AutoNDA by SimpleDocs

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Revolving Lender in accordance with its Applicable PercentagePro Rata Share of each Revolving Credit Facility, an unused fee equal to the Unused Applicable Rate for such Revolving Credit Facility times the actual daily amount by which the Aggregate Revolving Commitments exceed the sum of (i) the Outstanding Amount of Revolving Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Revolving Commitments for purposes of determining the unused fee. The unused fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV Section 4.02 is not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability PeriodMaturity Date for any Revolving Credit Facility. The unused fee shall be calculated quarterly in arrears, and if there is any change in the Unused Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Applicable Rate separately for each period during such quarter that such Unused Applicable Rate was in effect.

Appears in 1 contract

Samples: Credit Agreement (Viad Corp)

Unused Fee. The Domestic Borrower or the Foreign Borrowers shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, pro rata share thereof an unused commitment fee (the “Unused Fee”) equal to the Unused Rate times Applicable Percentage of the actual daily amount by which the Aggregate Commitments exceed Revolving Committed Amount exceeds the sum of (i) the Outstanding Amount of Revolving Loans and plus (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee. The unused fee Unused Fee shall accrue at all times during the Availability PeriodCommitment Period with respect to the Revolving Commitments, including at any time during which one or more of the applicable conditions in Article IV V is not met, and shall be due and payable quarterly in arrears on the last first Business Day after the end of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability PeriodRevolving Termination Date. The unused fee Unused Fee shall be calculated quarterly in arrears, and if there is any change in the Unused Rate Applicable Percentage during any quarter, the actual daily amount shall be computed and multiplied by the Unused Rate Applicable Percentage separately for each period during such quarter that such Unused Rate Applicable Percentage was in effect. For purposes hereof, (i) L/C Obligations shall be counted toward and considered as usage of the Aggregate Revolving Committed Amount and (ii) Swing Line Loans shall not be counted toward or be considered as usage of the Aggregate Revolving Committed Amount.

Appears in 1 contract

Samples: Credit Agreement (INFONXX, Inc.)

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused line fee (the “Unused Fee”) equal to the Unused Applicable Fee Rate times the actual daily amount by which the Aggregate Commitments exceed the sum of (i) the Outstanding Amount of Committed Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused feeUnused Fee. The unused fee Unused Fee shall accrue at all times during the Availability Period, 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 Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period. The unused fee Unused Fee shall be calculated quarterly in arrears, and if there is any change in the Unused Applicable Fee Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Applicable Fee Rate separately for each period during such quarter that such Unused Applicable Fee Rate was in effect.

Appears in 1 contract

Samples: Credit Agreement (Acadia Realty Trust)

Unused Fee. The Commencing on the ThirdFourth Amendment Effective Date, the Borrower shall pay to the Administrative Agent on a quarterly basis for the account of each Lender in accordance with its Applicable Percentage, an unused fee (the “Unused Fee”) equal to the Unused twenty (20) basis pointsthe Applicable Rate times the actual difference betweenactual daily amount by which the Aggregate Commitments exceed Commitment andexceeds the sum of (i) average Total Outstandings during the Outstanding Amount of Loans and (ii) the Outstanding Amount of L/C Obligationsapplicable quarter, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee2.15. The unused fee Unused Fee shall accrue at all times commencing on the ThirdFourth Amendment Effective Date through and during the Availability Period, 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 Business Day of each of March, June, September and December, commencing with the first such date to occur after the Closing ThirdFourth Amendment Effective Date, and on the last day of the Availability Period. The unused fee Unused Fee shall be calculated quarterly in arrears, and if there is any change in the Unused Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Applicable Rate separately for each period during such quarter that such Unused Applicable Rate was in effect.

Appears in 1 contract

Samples: Credit Agreement (Irobot Corp)

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused fee equal to the Unused Rate times the actual daily amount by which the Aggregate Commitments exceed the sum of (i) the Outstanding Amount of Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee. The unused fee shall accrue at all times during the Availability Period, 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 Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period. The unused fee shall be calculated quarterly in arrears, and if there is any change in the Unused Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Rate separately for each period during such quarter that such Unused Rate was in effect. From and after the First Amendment Effective Date, no unused fee shall be payable.

Appears in 1 contract

Samples: Credit Agreement (Braemar Hotels & Resorts Inc.)

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused line fee (the “Unused Fee”) equal to the Unused Applicable Fee Rate times the actual daily amount by which the Aggregate Commitments exceed exceeds the sum of (i) the Outstanding Amount of Revolving Credit Loans (excluding, for the avoidance of doubt, Swing Line Loans) and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee. The unused fee Unused Fee shall accrue at all times during the Availability Period, 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 Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period. The unused fee Unused Fee shall be calculated quarterly in arrears, and if there is any change in the Unused Applicable Fee Rate during any quarter, the actual daily amount shall be computed and multiplied by the Unused Applicable Fee Rate separately for each period during such quarter that such Unused Applicable Fee Rate was in effect.

Appears in 1 contract

Samples: Credit Agreement (American Assets Trust, Inc.)

Unused Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, an unused fee equal to the Unused Fee Rate times the actual daily amount by which the Aggregate Commitments exceed the sum of (i) the Outstanding Amount of Committed Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused commitment fee. The unused fee shall accrue at all times during the Availability Period, 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 Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period. The unused fee shall be calculated quarterly in arrears, and if there is any change in the . The Unused Fee Rate during any quarter, the actual daily amount shall be computed and multiplied by equal to 0.30% if the Unused Rate separately for each period weighted average usage during such quarter that such Unused Rate was in effectis less than or equal to 50% of the Aggregate Commitments and otherwise shall be equal to 0.25%.

Appears in 1 contract

Samples: Credit Agreement (Industrial Income Trust Inc.)

Unused Fee. The Borrower Borrowers shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable PercentagePro Rata Share, an unused fee (the “Unused Fee”) equal to the Applicable Unused Fee Rate times the actual daily amount by which the Aggregate Commitments exceed the sum of (i) the Outstanding Amount of Committed Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.17. For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Commitments for purposes of determining the unused fee. The unused fee Unused Fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV is not metmet or waived in accordance with the terms hereof, and shall be due and payable quarterly in arrears on the last first Business Day of each MarchApril, JuneJuly, September October and DecemberJanuary (with respect to such Unused Fee accruing during for the immediately preceding quarter), commencing with the first such date to occur after the Closing Date, and on the last day of the Availability PeriodMaturity Date. The unused fee Unused Fee shall be calculated quarterly in arrears, and if there is any change in the Applicable Unused Fee Rate during any quarter, the actual daily amount shall be computed and multiplied by the Applicable Unused Fee Rate separately for each period during such quarter that such Applicable Unused Fee Rate was in effect.

Appears in 1 contract

Samples: Credit Agreement (Catellus Development Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!