Utilization Fees. For any day on which the aggregate amount of Loans then outstanding exceeds fifty percent (50%) of the Commitments then in effect, or if any Loans remain outstanding after the Commitments have been terminated, then Borrower shall pay to the Administrative Agent for the ratable account of the Lenders in accordance with their Percentages a utilization fee accruing at a rate per annum equal to the Utilization Fee Rate on the aggregate amount of Loans outstanding on such date. Such utilization fee is payable in arrears on the last Business Day of each calendar quarter and on the Termination Date, and if the Commitments are terminated in whole prior to the Termination Date, the fee for the period to but not including the date of such termination shall be paid in whole on the date of such termination.
Utilization Fees. (i) If on any day the sum of the aggregate outstanding principal amount of all Loans to the Borrowers plus the L/C Obligations then outstanding exceeds the product of (A) one-half (1/2) times (B) the Revolving Loan Commitment, each Borrower shall pay to the Administrative Agent, for the pro rata benefit of each Lender, a per annum fee equal to the Applicable Percentage for Utilization Fees multiplied by such Borrower’s outstanding Loans plus the L/C Obligations then outstanding (the “Utilization Fees”).
(ii) The accrued Utilization Fees shall be due and payable quarterly in arrears on each Fee Payment Date (as well as on any date that the Revolving Loan Commitment is reduced), beginning with the first of such dates to occur after the Closing Date.
Utilization Fees. (i) During any period when the aggregate outstanding principal amount of the Loans exceeds 50% of the aggregate amount of the Commitments or the Commitments have been terminated but Loans are outstanding, the Borrower shall, unless Minimum Rating Status (as defined below) exists, pay to the Agent for the account of each Bank utilization fees at a rate of 0.125% per annum. Such utilization fee shall accrue on the average daily aggregate outstanding principal amount of such Bank's Loans during such period and shall be payable on each January 1, April 1, July 1, and October 1 and on the date the Commitments are terminated (and, if later, on the date the Loans shall be repaid in their entirety); provided that any utilization fees accruing after the first anniversary of the Commitment Termination Date shall be payable on demand.
(ii) For purposes of this Section, "Minimum Rating Status" exists at any date if at such date the Borrower has outstanding senior unsecured long-term debt and such debt, without third party enhancement, is rated (or, if on such date the Borrower has no outstanding senior unsecured long-term debt, evidence satisfactory to the Agent is provided to the effect that the rating of senior unsecured long-term debt of the Borrower, assuming that it had outstanding senior unsecured long-term debt, would be rated) at least AA- (or any equivalent rating which is used in lieu thereof) or higher by S&P or Aa3 (or any equivalent rating which is used in lieu thereof) or higher by Xxxxx'x.
Utilization Fees. For each day that the principal amount of outstanding Loans hereunder shall exceed an amount equal to thirty three and one third percent (33 1/3%) of the Aggregate Commitment, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders, a per annum fee equal to the Applicable Percentage for Utilization Fees (as set forth on the Pricing Schedule) on the outstanding principal balance of the Loans (the "Utilization Fees"). The Utilization Fees, if any, shall be due and payable in arrears five Business Days after the end of each fiscal quarter of the Borrower (as well as on the Maturity Date) for the immediately preceding fiscal quarter (or portion thereof), beginning with the first of such dates to occur after the Effective Date.
Utilization Fees. At any time that Total Utilization equals or exceeds 50% of the total Commitments outstanding, the Borrower shall pay fees (the “Utilization Fees”) to the Agent for the account of the Banks (in according with their respective Percentages) in an amount determined by applying 0.10% per annum to an amount equal to the excess of Total Utilization over 50% of the total Commitments.
Utilization Fees. If at any time the aggregate principal amount of outstanding Revolving Loans exceeds an amount equal to fifty percent (50%) of the Revolving Committed Amount, each Borrower shall pay to the Administrative Agent, for the ratable benefit of the Lenders, a utilization fee (the "Utilization Fees") equal to the product of (i) the average daily aggregate principal amount of its outstanding Revolving Loans, calculated from the date the aggregate principal amount of all outstanding Revolving Loans exceeds an amount equal to fifty percent (50%) of the Revolving Committed Amount but excluding the date the aggregate principal amount of all outstanding Revolving Loans falls below an amount equal to fifty percent (50%), times (ii) a per annum percentage equal to the Applicable Percentage for Utilization Fees. The Utilization Fees shall be payable in arrears on the last Business Day of each Fiscal Quarter (as well as on the Maturity Date and on any date that the Revolving Committed Amount is reduced) for the Fiscal Quarter (or portion thereof) then ending, beginning with the first of such dates to occur after the Closing Date.
Utilization Fees. (i) If on any day the aggregate outstanding principal amount of all Loans to the Borrowers exceeds the product of (A) one-third ( 1/3) times (B) the Revolving Loan Commitment, each Borrower shall pay to the Administrative Agent, for the pro rata benefit of each Lender, a per annum fee equal to the Applicable Percentage for Utilization Fees multiplied by such Borrower’s outstanding Eurodollar Revolving Loans (the “Utilization Fees”).
(ii) The accrued Utilization Fees shall be due and payable in arrears on the first Business Day of each January, April, July and October (as well as on the Maturity Date and on any date that the Revolving Loan Commitment is reduced) for the immediately preceding fiscal quarter (or portion thereof), beginning with the first of such dates to occur after the Closing Date.
Utilization Fees. For any day prior to the Commitment Termination Date on which the Dollar Equivalent of the outstanding principal amount of the Loans and L/C Obligations shall be greater than or equal to an amount equal to 50% of the total Commitments (and for any day after the termination of all the Commitments on which any Loans or L/C Obligations shall be outstanding if the Dollar Equivalent of the outstanding principal amount thereof on the date the Commitments terminated shall have been greater than or equal to 50% of the total Commitments in effect on such date) the Borrower shall pay to the Administrative Agent for the account of each Lender a utilization fee equal to the Applicable Utilization Fee Rate multiplied by the Dollar Equivalent of aggregate amount of such Lender’s outstanding Loans and applicable Percentage of L/C Obligations on such day. Accrued and unpaid utilization fees, if any, shall be payable in arrears on the last Business Day of each March, June, September and December (of each year, commencing on December 31, 2007), on the date(s) on which the Commitments shall have terminated and there are no Loans or L/C Obligations outstanding, and on the Maturity Date. All utilization fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).
Utilization Fees. The Company agrees to pay to the Administrative Agent for the account of each Lender a utilization fee on the amount of outstanding Loans of such Lender for each day that the aggregate outstanding principal amount of Loans shall exceed 25% of the aggregate amount of the Commitments at a rate per annum equal to the Applicable Percentage in effect from time to time, payable on each day on which interest is payable hereunder, and computed on the same basis as interest on each relevant Loan.
Utilization Fees. Each month during the term hereof, Manager shall pay to Counterparty a Utilization Fee of the sum shown on Exhibit M.
