Common use of Concerning Fees Clause in Contracts

Concerning Fees. (a) In addition to any other right to which the Lenders is then entitled on account thereof, the Agent, with the agreement of the Borrower, may assess, for the benefit of the Lenders, an additional fee payable by the Borrower on account of the accommodation, from time to time, by the Agent or the Lenders of the Borrower’s request that the Agent or Lenders depart or dispense with one or more of the administrative provisions of this Agreement and/or the Borrower’s failure to comply with any of such provisions. (b) Agent reserves the right to negotiate with the Borrower for the assessment of additional fees, including fees for the benefit of the Agent, in the event that Agent syndicates the facility contemplated by this Agreement. (c) Except as set forth in the Fee Letter, the Borrower shall not be entitled to any credit, rebate or repayment of the Unused Line Fee and Revolving Credit Early Termination Fee, or other fee earned by the Lenders pursuant to this Agreement or any other Loan Document notwithstanding any termination of this Agreement or suspension or termination of the Agent's or Lenders’ obligation to make loans and advances hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Wild Oats Markets Inc)

Concerning Fees. (a) In addition to any other right to which the Lenders is then entitled on account thereof, the Agent, with the agreement of the Borrower, Agent may assess, for the benefit of the Lenders, an additional fee payable by the Borrower on account of the accommodation, from time to time, by the Agent or the Lenders of the Borrower’s request that the Agent or Lenders depart or dispense with one or more of the administrative provisions of this Agreement and/or the Borrower’s failure to comply with any of such provisions. (b) In connection with an increase in the Revolving Credit Loan Ceiling requested by the Borrower, Agent reserves the right to negotiate with the Borrower for the assessment of additional fees, including fees for the benefit of the Agent, in the event that Agent syndicates the facility contemplated by this Agreement. (c) Except as set forth in the Fee Letter, the The Borrower shall not be entitled to any credit, rebate or repayment of the Unused Line Fee and Revolving Credit Early Termination Fee, or other fee earned by the Lenders pursuant to this Agreement or any other Loan Document notwithstanding any termination of this Agreement or suspension or termination of the Agent's ’s or Lenders’ obligation to make loans and advances hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (RoomStore, Inc.)

Concerning Fees. (a) In addition to any other right to which the Lenders is then entitled on account thereof, the Agent, with the agreement of the Borrower, Agent may assess, for the benefit of the Lenders, an additional fee payable by the Borrower on account of the accommodation, from time to time, by the Agent or the Lenders of the Borrower’s request that the Agent or Lenders depart or dispense with one or more of the administrative provisions of this Agreement and/or the Borrower’s failure to comply with any of such provisions. (b) In connection with an increase in the Revolving Credit Loan Ceiling requested by the Borrower which increases the Revolving Credit Loan Ceiling to an amount in excess of $35,000,000, Agent reserves the right to negotiate with the Borrower for the assessment of additional fees, including fees for the benefit of the Agent, in the event that Agent syndicates the facility contemplated by this Agreement. (c) Except as set forth in the Fee Letter, the The Borrower shall not be entitled to any credit, rebate or repayment of the Unused Line Fee and Revolving Credit Early Termination Fee, or other fee earned by the Lenders pursuant to this Agreement or any other Loan Document notwithstanding any termination of this Agreement or suspension or termination of the Agent's ’s or Lenders’ obligation to make loans and advances hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (RoomStore, Inc.)