Common use of Unused Revolving Line Facility Fee Clause in Contracts

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% percent per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions hereunder;

Appears in 2 contracts

Samples: Loan and Security Agreement (Numerex Corp /Pa/), Loan and Security Agreement (Numerex Corp /Pa/)

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Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one quarter of one percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved for products provided in connection with Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;

Appears in 2 contracts

Samples: Loan and Security Agreement (Cardiac Science CORP), Loan and Security Agreement (Cardiac Science CORP)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.3750.50% percent per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved for products provided in connection with Letters of Credit, Cash Management Services and the FX Forward ContractsReduction Amount. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;

Appears in 2 contracts

Samples: Loan and Security Agreement (Adept Technology Inc), Loan and Security Agreement (Adept Technology Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-half of one percent (0.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved for products provided in connection with Cash Management Services, FX Forward Contracts or Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;, including during any Streamline Period; and

Appears in 2 contracts

Samples: Loan and Security Agreement (NxStage Medical, Inc.), Loan and Security Agreement (NxStage Medical, Inc.)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-half of one percent (0.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion For purposes hereof, any Letter of Credit Reserve, any F/X Reserve, or Cash Management Services held or in place for any calendar year shall constitute a utilization of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;.” 5. The Loan Agreement shall be amended by deleting the following appearing as Section 6.2 thereof:

Appears in 2 contracts

Samples: Loan Modification Agreement (American Science & Engineering Inc), Loan Modification Agreement (American Science & Engineering Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one quarter percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the ; provide that, such Unused Revolving Line, for the purposes of this calculation, Line Facility Fee shall not include amounts reserved in connection with Letters of Credit, Cash Management Services and FX Forward Contractsbe charged during the 1st 90 days following the first date on which Borrower is subject to the Conversion Terms. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;; and

Appears in 1 contract

Samples: Loan and Security Agreement (Crossroads Systems Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-half of one percent (0.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion For purposes hereof, any Letter of Credit Reserve, any F/X Reserve, or Cash Management Services held or in place for any calendar year shall constitute a utilization of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;.

Appears in 1 contract

Samples: Loan Modification Agreement (American Science & Engineering Inc)

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Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-quarter percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved for products provided in connection with Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder, including during any Streamline Period;” and inserting the following in lieu thereof:

Appears in 1 contract

Samples: Loan Modification Agreement (Wireless Ronin Technologies Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”)) , payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-half of one percent (.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, Cash Management Services and FX Forward Contractsequal the average Availability Amount for the monthly period. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;

Appears in 1 contract

Samples: Loan and Security Agreement (Ariosa Diagnostics, Inc.)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one half of one percent (0.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, Cash Management under the Other Services Sublimit and FX Forward Contractsunder the Term Loan Balance Reserve. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement Agreement, or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;; and

Appears in 1 contract

Samples: Loan and Security Agreement (Sonic Foundry Inc)

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