Common use of Unused Fee Clause in Contracts

Unused Fee. In addition to any other fee to be paid by the Borrowers on account of the Revolving Credit, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and in the manner set forth below. The Borrowers shall pay to the Administrative Agent for the account of the Revolving Credit Lenders, the Unused Fee. If the Unused Fee actually paid by the Borrowers is insufficient to pay an amount equal to the Line Fee to the Revolving Credit Lenders, the deficiency shall be paid to the Revolving Credit Lenders by the Swing Line Lender from its own funds (and the Borrowers shall have no liability with respect thereto). The Administrative Agent shall pay the Line Fee (and any amounts payable by the Swing Line Lender hereunder) to the Revolving Credit Lenders based upon their pro rata share of an amount equal to the aggregate Line Fee due to all Revolving Credit Lenders; provided that, for purposes of calculating the pro rata share of any Person which is both the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal to the difference between (i) the sum of such Person's Revolving Credit Commitment, and (ii) the sum of (A) such Person's Revolving Credit Commitment Percentage of the principal amount of the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding), and (B) such Person's Revolving Credit Commitment Percentage of the then undrawn Stated Amount of outstanding L/Cs. The Unused Fee shall be paid in arrears, on the first day of each quarter after the execution of this Agreement and on the Termination Date.

Unused Fee. In addition During the Commitment Period, the Lessee agrees to any other fee pay or to cause to be paid by the Borrowers on account of the Revolving Credit, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and in the manner set forth below. The Borrowers shall pay to the Administrative Agent for the account of (a) the Revolving Credit Lenders, respectively, an unused fee (the "Lender Unused Fee. If ") 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 actually paid by in the Borrowers is insufficient to pay definition of Applicable Percentage and (b) the Holders, respectively, an amount unused fee (the "Holder Unused Fee") equal to the Line 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 to in the Revolving Credit Lenders, the deficiency 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 to the Revolving Credit Lenders by the Swing Line Lender from its own funds (and the Borrowers when due, such overdue amount shall have no liability with respect thereto). The Administrative Agent shall pay the Line Fee (and any amounts bear interest, payable by the Swing Line Lender hereunder) to the Revolving Credit Lenders based upon their pro rata share of an amount Lessee on demand, at a rate per annum equal to the aggregate Line Fee due to all Revolving Credit Lenders; provided thatABR plus the Applicable Percentage (or in the case of Holder Yield, the ABR plus the Applicable Percentage for purposes of calculating ABR Holder Advances) plus two percent (2%) from the pro rata share of any Person which is both the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal to the difference between (i) the sum date of such Person's Revolving Credit Commitment, and (ii) the sum of (A) non-payment until such Person's Revolving Credit Commitment Percentage of the principal amount of the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding), and (B) such Person's Revolving Credit Commitment Percentage of the then undrawn Stated Amount of outstanding L/Cs. The Unused Fee shall be is paid in arrears, on the first day of each quarter after the execution of this Agreement and on the Termination Datefull (as well as before judgment).

Unused Fee. In addition During the Commitment Period, the Lessee shall cause the Lessor to any other fee to be paid by the Borrowers on account of the Revolving Credit, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and in the manner set forth below. The Borrowers shall pay to the Administrative Agent for the account of (a) the Revolving Credit Lenders, respectively, an unused fee on the unused Lender Commitments (the “Lender Unused Fee. If the Unused Fee actually paid by the Borrowers is insufficient to pay an amount ”) equal to the Line Fee product of the then current average daily Available Commitment of each Lender during the preceding quarter multiplied by a rate per annum equal to the Revolving Credit Lenderspercentage 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 deficiency 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 preceding quarter multiplied by a rate per annum equal to the percentage shown on the appropriate table in the definition of Applicable Percentage which corresponds to the appropriate Pricing Level. Such Unused Fees shall be payable quarterly in arrears on each Unused Fee Payment Date and shall be pro rated for any partial quarters. If all or a portion of any such Unused Fee shall not be paid to the Revolving Credit Lenders by the Swing Line Lender from its own funds (and the Borrowers when due, such overdue amount shall have no liability with respect thereto). The Administrative Agent shall pay the Line Fee (and any amounts bear interest, payable by the Swing Line Lender hereunder) to the Revolving Credit Lenders based upon their pro rata share of an amount Lessee on demand, at a rate per annum equal to (x) in the aggregate Line Fee due to all Revolving Credit Lenders; provided thatcase of the Lender Unused Fee, for purposes of calculating the pro rata share of any Person which is both ABR plus two percent (2%) from the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal to the difference between (i) the sum date of such Person's Revolving Credit Commitmentnon-payment until such amount is paid in full (as well as before judgment), and (iiy) in the sum of (A) such Person's Revolving Credit Commitment Percentage case of the principal Holder Unused Fee, the ABR plus two and seventy-five hundredths percent (2.75%) from the date of each non-payment until such amount of the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding), and (B) such Person's Revolving Credit Commitment Percentage of the then undrawn Stated Amount of outstanding L/Cs. The Unused Fee shall be is paid in arrears, on the first day of each quarter after the execution of this Agreement and on the Termination Datefull (as well as before judgment).

Unused Fee. In addition During the Commitment Period, the 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 any other fee to be the extent such amounts are not otherwise paid by the Borrowers on account of the Revolving CreditLessor, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and timely pay, in the manner set forth below. The Borrowers shall pay either case to the Administrative Agent for the account of (a) the Revolving Credit Lenders, respectively, an unused fee (the "Lender Unused Fee") equal to the product of the average daily Available Commitments of the Lenders during the Commitment Period multiplied by the Applicable Percentage for the Lender Unused Fee and (b) the Holders, respectively, an unused fee (the "Holder Unused Fee") equal to the product of the average daily Available Holder Commitments of the Holders during the Commitment Period multiplied by the Applicable Percentage for the Holder Unused Fee. If the Such Unused Fees shall be payable in arrears on each Unused Fee actually 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 Borrowers is insufficient to pay an amount Lessee on demand, at a rate per annum equal to the Line Fee to ABR (or in the Revolving Credit Lenderscase of Holder Yield, the deficiency shall be paid to ABR plus the Revolving Credit Lenders by Applicable Percentage for Eurodollar Holder Advances) plus two percent (2%) from the Swing Line Lender from its own funds (and the Borrowers shall have no liability with respect thereto). The Administrative Agent shall pay the Line Fee (and any amounts payable by the Swing Line Lender hereunder) to the Revolving Credit Lenders based upon their pro rata share of an amount equal to the aggregate Line Fee due to all Revolving Credit Lenders; provided that, for purposes of calculating the pro rata share of any Person which is both the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal to the difference between (i) the sum date of such Person's Revolving Credit Commitment, and (ii) the sum of (A) non-payment until such Person's Revolving Credit Commitment Percentage of the principal amount of the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding), and (B) such Person's Revolving Credit Commitment Percentage of the then undrawn Stated Amount of outstanding L/Cs. The Unused Fee shall be is paid in arrears, on the first day of each quarter full (after the execution of this Agreement and on the Termination Dateas well as before judgment).

Unused Fee. In addition The Guarantor and the Lessee jointly and severally agree to any other fee to be paid by the Borrowers on account of the Revolving Credit, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and in the manner set forth below. The Borrowers shall pay to the Administrative Agent for the account of each Lender an unused fee (the Revolving Credit Lenders, the "Lender Unused Fee. If ") computed at a rate per annum equal to Applicable Percentage for the Unused Fee actually paid multiplied by the Borrowers is insufficient Available Commitment of each Lender during the Commitment Period. The Guarantor and the Lessee jointly and severally agree to pay to the Agent for the account of each Holder an amount unused fee (the "Holder Unused Fee") computed at a rate per annum equal to Applicable Percentage for the Line Unused Fee to the Revolving Credit Lenders, the deficiency shall be paid to the Revolving Credit Lenders multiplied by the Swing Line Available Holder Commitment of each Holder during the Commitment Period. Such Lender from its own funds (Unused Fee and the Borrowers shall have no liability with respect thereto). The Administrative Agent shall pay the Line Fee (and any amounts payable by the Swing Line Lender hereunder) to the Revolving Credit Lenders based upon their pro rata share of an amount equal to the aggregate Line Fee due to all Revolving Credit Lenders; provided that, for purposes of calculating the pro rata share of any Person which is both the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal to the difference between (i) the sum of such Person's Revolving Credit Commitment, and (ii) the sum of (A) such Person's Revolving Credit Commitment Percentage of the principal amount of the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding), and (B) such Person's Revolving Credit Commitment Percentage of the then undrawn Stated Amount of outstanding L/Cs. The Holder Unused Fee shall be calculated on the basis of 360-day year from the actual days elapsed and shall be payable quarterly in arrears on each 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 three percent (3%) from the date of such non-payment until such amount is paid in arrears, on the first day of each quarter after the execution of this Agreement and on the Termination Datefull (as well as before judgment)."

Unused Fee. In addition During the Commitment Period, the Lessor agrees to any other fee pay or to cause to be paid by the Borrowers on account of the Revolving Credit, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and in the manner set forth below. The Borrowers shall pay to the Administrative Agent for the account of (a) the Revolving Credit Lenders, respectively, an unused fee (the "Lender Unused Fee. If ") equal to the product of the average daily ----------------- Available Commitment of each Lender during the Commitment Period multiplied by the 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 Applicable Percentage; provided, however, the Lessor shall pay such amounts -------- ------- described in this Section 7.4 only if (i) such amounts are properly described in a Requisition delivered on or before the Unused Fee actually paid by the Borrowers is insufficient to pay an amount equal to the Line Fee to the Revolving Credit Lenders, the deficiency shall be paid to the Revolving Credit Lenders by the Swing Line Lender from its own funds (and the Borrowers shall have no liability with respect thereto). The Administrative Agent shall pay the Line Fee (and any amounts payable by the Swing Line Lender hereunder) to the Revolving Credit Lenders based upon their pro rata share of an amount equal to the aggregate Line Fee due to all Revolving Credit Lenders; provided that, for purposes of calculating the pro rata share of any Person which is both the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal to the difference between (i) the sum of such Person's Revolving Credit Commitment, Payment Date and (ii) funds are made available by the sum Lenders and the Holders in connection with such Requisition in an amount sufficient to allow such payment; provided, further, -------- ------- the Lessee agrees to timely pay all amounts referred to in this Section 7.4 to the extent not paid by the Lessor. Such Unused Fees shall be payable quarterly in arrears on each Unused Fee Payment Date. If all or a portion of (A) any such Person's Revolving Credit Commitment Percentage of the principal amount of the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding), and (B) such Person's Revolving Credit Commitment Percentage of the then undrawn Stated Amount of outstanding L/Cs. The 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 (or in arrearsthe case of Holder Yield, on the first day ABR plus the Applicable Percentage for Eurodollar Holder Advances) plus two percent (2%) from the date of each quarter after the execution of this Agreement and on the Termination Datesuch non-payment until such amount is paid in full (as well as before judgment).

Unused Fee. In addition During the Commitment Period, the Lessee agrees to any other fee pay or to cause to be paid by the Borrowers on account of the Revolving Credit, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and in the manner set forth below. The Borrowers shall pay to the Administrative Agent for the account of (a) the Revolving Credit Lenders, respectively, an unused fee (the "Lender Unused Fee. If the Unused Fee actually paid by the Borrowers is insufficient to pay an amount ") equal to the Line Fee product of the average daily Available Commitment of each Lender during the Commitment Period multiplied by a rate of one-half of one percent (.50%) per annum and (b) the Holders, respectively, an unused fee (the "Holder Unused Fee") equal to the Revolving Credit Lendersproduct of the average daily Available Holder Commitment of each Holder during the Commitment Period multiplied by a rate of one-half of one percent (.50%) per annum. Such Unused Fees shall begin to accrue on the Initial Closing Date, the deficiency 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 to the Revolving Credit Lenders by the Swing Line Lender from its own funds (and the Borrowers when due, such overdue amount shall have no liability with respect thereto). The Administrative Agent shall pay the Line Fee (and any amounts bear interest, payable by the Swing Line Lender hereunder) to the Revolving Credit Lenders based upon their pro rata share of an amount Lessee on demand, at a rate per annum equal to the aggregate Line Fee due to all Revolving Credit Lenders; provided thatABR (or in the case of Holder Yield, the ABR plus the Applicable Percentage for purposes of calculating Eurodollar Holder Advances) plus two percent (2%) from the pro rata share of any Person which is both the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal to the difference between (i) the sum date of such Person's Revolving Credit Commitment, and (ii) the sum of (A) non-payment until such Person's Revolving Credit Commitment Percentage of the principal amount of the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding), and (B) such Person's Revolving Credit Commitment Percentage of the then undrawn Stated Amount of outstanding L/Cs. The Unused Fee shall be is paid in arrears, on the first day of each quarter after the execution of this Agreement and on the Termination Datefull (as well as before judgment).

Unused Fee. In addition During the Commitment Period, the Lessee, at its option, either (x) shall cause the Lessor to any other fee pay or (y) to be the extent such amounts are not otherwise paid by the Borrowers on account of Lessor, the Revolving CreditLessee shall timely pay, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and in the manner set forth below. The Borrowers shall pay either case to the Administrative Agent for the account of (a) the Revolving Credit Lenders, respectively, an unused fee (the "Lender Unused Fee. If the Unused Fee actually paid by the Borrowers is insufficient to pay an amount ") equal to the Line Fee product of the average daily Available Commitment of each Lender during the Commitment Period multiplied by a rate per annum equal to the Revolving Credit Lendersthen current Applicable Percentage for Unused Fees and (b) the Holders, respectively, an unused fee (the deficiency "Holder Unused Fee") equal to the product of the average daily Available Holder Commitment of each Holder during the Commitment Period multiplied by a rate of per annum equal to the then current Applicable Percentage for Unused Fees. 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 to the Revolving Credit Lenders by the Swing Line Lender from its own funds (and the Borrowers when due, such overdue amount shall have no liability with respect thereto). The Administrative Agent shall pay the Line Fee (and any amounts bear interest, payable by the Swing Line Lender hereunder) to the Revolving Credit Lenders based upon their pro rata share of an amount Lessee on demand, at a rate per annum equal to the aggregate Line Fee due to all Revolving Credit Lenders; provided thatABR (or in the case of Holder Yield, the ABR plus the Applicable Percentage for purposes of calculating Eurodollar Holder Advances) plus two percent (2%) from the pro rata share of any Person which is both the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal to the difference between (i) the sum date of such Person's Revolving Credit Commitment, and (ii) the sum of (A) non-payment until such Person's Revolving Credit Commitment Percentage of the principal amount of the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding), and (B) such Person's Revolving Credit Commitment Percentage of the then undrawn Stated Amount of outstanding L/Cs. The Unused Fee shall be is paid in arrears, on the first day of each quarter after the execution of this Agreement and on the Termination Datefull (as well as before judgment).

Unused Fee. In addition During the Commitment Period, the Lessee agrees to any other fee pay or to cause to be paid by the Borrowers on account of the Revolving Credit, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and in the manner set forth below. The Borrowers shall pay to the Administrative Agent for the account of (a) the Revolving Credit Lenders, respectively, an unused fee (the “Lender Unused Fee. If the Unused Fee actually paid by the Borrowers is insufficient to pay an amount ”) equal to the Line product of the average daily Available Commitment of each Lender during the Commitment Period multiplied by the applicable rate set forth 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 Revolving Credit Lenders, product of the deficiency average daily Available Holder Commitment of each Holder during the Commitment Period multiplied by the applicable rate set forth for Unused Fee in the definition of Applicable Percentage 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 to the Revolving Credit Lenders by the Swing Line Lender from its own funds (and the Borrowers when due, such overdue amount shall have no liability with respect thereto). The Administrative Agent shall pay the Line Fee (and any amounts bear interest, payable by the Swing Line Lender hereunder) to the Revolving Credit Lenders based upon their pro rata share of an amount Lessee on demand, at a rate per annum equal to the aggregate Line Fee due ABR plus the Applicable Percentage then applicable to all Revolving Credit Lenders; provided thatTranche B Loans which are ABR Loans (or in the case of Holder Yield, for purposes of calculating the pro rata share of any Person which is both ABR plus the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal Applicable Percentage then applicable to Holder Advances plus two percent (2%) from the difference between (i) the sum date of such Person's Revolving Credit Commitment, and (ii) the sum of (A) non-payment until such Person's Revolving Credit Commitment Percentage of the principal amount of the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding), and (B) such Person's Revolving Credit Commitment Percentage of the then undrawn Stated Amount of outstanding L/Cs. The Unused Fee shall be is paid in arrears, on the first day of each quarter after the execution of this Agreement and on the Termination Datefull (as well as before judgment).

Unused Fee. In addition During the Commitment Period, the Lessee agrees to any other fee pay or to cause to be paid by the Borrowers on account of the Revolving Credit, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and in the manner set forth below. The Borrowers shall pay to the Administrative Agent for the account of (a) the Revolving Credit Lenders, respectively, an unused fee (the "Lender Unused Fee. If the Unused Fee actually paid by the Borrowers is insufficient to pay an amount ") equal to the Line product of the average daily Available Commitment of each Lender during the Commitment Period multiplied by the applicable rate set forth 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 Revolving Credit Lenders, product of the deficiency average daily Available Holder Commitment of each Holder during the Commitment Period multiplied by the applicable rate set forth for Unused Fee in the definition of Applicable Percentage 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 to the Revolving Credit Lenders by the Swing Line Lender from its own funds (and the Borrowers when due, such overdue amount shall have no liability with respect thereto). The Administrative Agent shall pay the Line Fee (and any amounts bear interest, payable by the Swing Line Lender hereunder) to the Revolving Credit Lenders based upon their pro rata share of an amount Lessee on demand, at a rate per annum equal to the aggregate Line Fee due ABR plus the Applicable Percentage then applicable to all Revolving Credit Lenders; provided thatTranche B Loans which are ABR Loans (or in the case of Holder Yield, for purposes of calculating the pro rata share of any Person which is both ABR plus the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal Applicable Percentage then applicable to Holder Advances plus two percent (2%) from the difference between (i) the sum date of such Person's Revolving Credit Commitment, and (ii) the sum of (A) non-payment until such Person's Revolving Credit Commitment Percentage of the principal amount of the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding), and (B) such Person's Revolving Credit Commitment Percentage of the then undrawn Stated Amount of outstanding L/Cs. The Unused Fee shall be is paid in arrears, on the first day of each quarter after the execution of this Agreement and on the Termination Datefull (as well as before judgment).

Unused Fee. In addition to any other fee to be paid by the Borrowers on account of the Revolving Credit, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and Except as otherwise provided in the manner set forth below. The Borrowers last sentence hereof, during the Commitment Period the Lessor shall pay timely pay, in either case to the Administrative Agent for the account of (a) the Revolving Credit Lenders, respectively, an unused fee (the "Lender Unused Fee. If ") for each day during the Unused Fee actually paid by the Borrowers is insufficient to pay an amount Commitment Period equal to the Line Fee product of the actual Available Commitment of each Lender on such date multiplied by a rate 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 Revolving Credit Lendersproduct of the actual Available Holder Commitment of each Holder on such date multiplied by a rate of Applicable Percentage per annum on such date. Such Unused Fees shall be payable quarterly in arrears on each Unused Fee Payment Date 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 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 deficiency 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 to by Lessee and not the Revolving Credit Lenders by the Swing Line Lender from its own funds (and the Borrowers shall have no liability with respect thereto). The Administrative Agent shall pay the Line Fee (and any amounts payable by the Swing Line Lender hereunder) to the Revolving Credit Lenders based upon their pro rata share of an amount equal to the aggregate Line Fee due to all Revolving Credit Lenders; provided that, for purposes of calculating the pro rata share of any Person which is both the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal to the difference between (i) the sum of such Person's Revolving Credit Commitment, and (ii) the sum of (A) such Person's Revolving Credit Commitment Percentage of the principal amount of the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding), and (B) such Person's Revolving Credit Commitment Percentage of the then undrawn Stated Amount of outstanding L/Cs. The Unused Fee shall be paid in arrears, on the first day of each quarter after the execution of this Agreement and on the Termination DateLessor.

Unused Fee. In addition Prior to any other fee the Investment Grade Pricing Date, the Parent Borrower agrees to be paid by the Borrowers on account of the Revolving Credit, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and in the manner set forth below. The Borrowers shall pay to the Administrative Agent for the account of the Revolving Credit Lenders, Lenders (other than any Defaulting Lender) in accordance with their respective Revolving Credit Commitment Percentages a facility unused fee (the “Unused Fee. If ”) calculated at the Unused Fee actually paid rate per annum as set forth below on the average daily Dollar Equivalent amount by the Borrowers is insufficient to pay an amount equal to the Line Fee to which the Revolving Credit LendersCommitment exceeds the outstanding principal amount of Revolving Credit Loans, Swing Loans and the deficiency shall be paid to 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 Lenders by the Swing Line Lender from its own funds (and the Borrowers shall have no liability with respect thereto)Maturity Date. The Administrative Agent facility unused fee shall pay be calculated for each day based on the Line Fee ratio (and any amounts payable by expressed as a percentage) of (a) the Swing Line Lender hereunder) to average daily Dollar Equivalent amount of the outstanding principal amount of the Revolving Credit Lenders based upon their pro rata share Loans and Swing Loans and the face amount of an amount equal Letters of Credit Outstanding during such quarter to the aggregate Line Fee due to all Revolving Credit Lenders; provided that, for purposes of calculating the pro rata share of any Person which is both the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal to the difference between (ib) the sum of such Person's Revolving Credit Commitment, and if such ratio is less than or equal to fifty percent (ii) the sum of (A) such Person's Revolving Credit Commitment Percentage of the principal amount of the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding50%), the facility unused fee shall be payable at the rate of 0.25%, and if such ratio is greater than fifty percent (B) such Person's Revolving Credit Commitment Percentage 50%), the facility unused fee shall be payable at the rate of the then undrawn Stated Amount of outstanding L/Cs0.15%. The Unused Fee shall be paid payable quarterly in arrears, Dollars in arrears on the first fifth (5th) day of each calendar quarter after for the execution of this Agreement immediately preceding calendar quarter or portion thereof, and on any earlier date on which the Termination 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. In addition Prior to any other fee the Investment Grade Pricing Date, the Parent Borrower agrees to be paid by the Borrowers on account of the Revolving Credit, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and in the manner set forth below. The Borrowers shall pay to the Administrative Agent for the account of the Revolving Credit Lenders, Lenders (other than any Defaulting Lender) in accordance with their respective Revolving Credit Commitment Percentages a facility unused fee (the “Unused Fee. If ”) calculated at the Unused Fee actually paid rate per annum as set forth below on the average daily Dollar Equivalent amount by the Borrowers is insufficient to pay an amount equal to the Line Fee to which the Revolving Credit LendersCommitment exceeds the outstanding principal amount of Revolving Credit Loans, Swing Loans and the deficiency shall be paid to 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 Lenders by the Swing Line Lender from its own funds (and the Borrowers shall have no liability with respect thereto)Maturity Date. The Administrative Agent facility unused fee shall pay be calculated for each day based on the Line Fee ratio (and any amounts payable by expressed as a percentage) of (a) the Swing Line Lender hereunder) to average daily Dollar Equivalent amount of the outstanding principal amount of the Revolving Credit Lenders based upon their pro rata share Loans and Swing Loans and the face amount of an amount equal Letters of Credit Outstanding during such quarter to the aggregate Line Fee due to all Revolving Credit Lenders; provided that, for purposes of calculating the pro rata share of any Person which is both the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal to the difference between (ib) the sum of such Person's Revolving Credit Commitment, and if such ratio is less than or equal to fifty percent (ii) the sum of (A) such Person's Revolving Credit Commitment Percentage of the principal amount of the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding50%), the facility unused fee shall be payable at the rate of 0.25%, and if such ratio is greater than fifty percent (B) such Person's Revolving Credit Commitment Percentage 50%), the facility unused fee shall be payable at the rate of the then undrawn Stated Amount of outstanding L/Cs0.15%. The Unused Fee shall be paid payable quarterly in arrears, arrears on the first fifth (5th) day of each calendar quarter after for the execution of this Agreement immediately preceding calendar quarter or portion thereof, and on any earlier date on which the Termination 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. In addition to Accruing from the date hereof until the Facility Termination Date, except for any other fee to be paid by the Borrowers period of time on account of which the Revolving CreditBorrower is obligated to pay the Facility Fee, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and in the manner set forth below. The Borrowers shall Borrower agrees to pay to the Administrative Agent for the account of each Lender according to its Ratable Share, a nonrefundable unused fee (the Revolving Credit Lenders, the “Unused Fee. If the Unused Fee actually paid by the Borrowers is insufficient to pay an amount ”) equal to the Line Applicable Unused Fee to Rate (computed on the Revolving Credit Lenders, the deficiency shall be paid to the Revolving Credit Lenders basis of a year of 360 days and actual days elapsed) multiplied by the Swing Line Lender from its own funds (and the Borrowers shall have no liability with respect thereto). The Administrative Agent shall pay the Line Fee (and any amounts payable by the Swing Line Lender hereunder) to the Revolving Credit Lenders based upon their pro rata share of an amount equal to the aggregate Line Fee due to all Revolving Credit Lenders; provided that, for purposes of calculating the pro rata share of any Person which is both the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal to the average daily difference between the amount of (i) the sum Aggregate Commitment for that portion of such Person's Revolving Credit Commitment, each calendar quarter during which an Unused Fee is accruing and (ii) the sum Revolving Facility Usage for such period; provided, however, that any Unused Fee accrued with respect to the Commitment of (A) a Defaulting Lender during the period prior to the time such Person's Revolving Credit Commitment Percentage of Lender became a Defaulting Lender and unpaid at such time shall not be payable by the principal amount of Borrower so long as such Lender shall be a Defaulting Lender except to the Revolving Loans then outstanding (including the principal amount of Swing Line Loans then outstanding), and (B) extent that such Person's Revolving Credit Commitment Percentage of the then undrawn Stated Amount of outstanding L/Cs. The Unused Fee shall otherwise have been due and payable by the Borrower prior to such time; and provided further that no Unused Fee shall accrue with respect to the Commitment of a Defaulting Lender so long as such Lender shall be paid a Defaulting Lender. Subject to the proviso in arrearsthe directly preceding sentence, all Unused Fees shall be payable quarterly in arrears on the first day Business Day of each quarter after the execution of this Agreement and on the Termination Datecalendar quarter.

Unused Fee. In addition to any other fee to be paid by (i) the Borrowers on account of the Revolving Credit, each Revolving Credit Lender shall be paid the Line Fee by the Administrative Agent at the times and in the manner set forth below. The Borrowers Borrower shall pay to the Administrative Agent Agent, for the account of the each Revolving Credit LendersLender in accordance with its Applicable Percentage, the Unused Fee. If the Unused Fee actually paid by the Borrowers is insufficient to pay an amount unused line fee at a rate per annum equal to the Line Fee to the Revolving Credit Lenders, the deficiency shall be paid to the Revolving Credit Lenders by the Swing Line Lender from its own funds (and the Borrowers shall have no liability with respect thereto). The Administrative Agent shall pay the Line Fee (and any amounts payable by the Swing Line Lender hereunder) to the Revolving Credit Lenders based upon their pro rata share of an amount equal to the aggregate Line Fee due to all Revolving Credit Lenders; provided that, for purposes of calculating the pro rata share of any Person which is both the Swing Line Lender and a Revolving Credit Lender, such Person's share shall be equal to the difference between (i) the sum of such Person's Revolving Credit Commitment, and (ii) the sum product of (A) such Person's the Applicable Rate times (B) the actual daily amount by which the Aggregate Revolving Credit Commitment Percentage Commitments exceed the Outstanding Amount of Revolving Loans, subject to adjustment as provided in Section 2.15 (the “Unused Fee”). The Unused Fee shall accrue from and including the date on which the conditions precedent in Section 5.01 have been satisfied (or waived) and at all times thereafter during the Availability Period, including at any time during which one or more of the principal amount conditions in Section 5.02 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 date on which the conditions precedent in Section 5.01 have been satisfied (or waived), on the date of any reduction of the Revolving Loans then outstanding Commitments and on the Maturity Date; provided, that (including A) no Unused Fee shall accrue on the principal amount Commitment of Swing Line Loans then outstanding), a Defaulting Lender so long as such Lender shall be a Defaulting Lender and (B) any Unused Fee accrued with respect to the Commitment of a Defaulting Lender during the period prior to the 960766985.12 57 time such Person's Revolving Credit Commitment Percentage of Lender became a Defaulting Lender and unpaid at such time shall not be payable by the then undrawn Stated Amount of outstanding L/CsBorrower so long as such Lender shall be a Defaulting Lender. The Unused Fee shall be paid calculated quarterly in arrears, on and if there is any change in the first day of Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Applicable Rate separately for each period during such quarter after the execution of this Agreement and on the Termination Datethat such Applicable Rate was in effect.