Common use of Fees and Other Costs and Expenses Clause in Contracts

Fees and Other Costs and Expenses. (a) The Seller shall pay to the Agent such amounts as agreed to with the Seller in the Fee Letter. (b) The Seller shall pay to the Agent for the account of each Purchaser a non-use fee computed at the Non-Use Fee Rate on the average daily unused portion of such Purchaser’s Purchase Limit. Such non-use fee shall accrue from the Closing Date to the Termination Date and shall be due and payable for each Discount Period in arrears on the Bi-Monthly Settlement Date of each month and on the Termination Date. (c) The Seller shall pay to the Agent for the account of each Purchaser a facility fee computed at the Facility Fee Rate of such Purchaser’s Purchase Limit on each anniversary of the Closing Date on or prior to the Termination Date. (d) If the amount of Investment of any Purchaser allocated to any Eurodollar Tranche is reduced before the last day of its Tranche Period, or if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each applicable Purchaser. (e) Investment shall be payable solely from Collections and from amounts payable under Sections 1.4, 1.6 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables). The Seller shall pay, as a full recourse obligation, all other amounts payable hereunder and under the Fee Letter, including all Discount, fees described in clauses (a), (b), (c) and (d) above and amounts payable under Article VI.

Fees and Other Costs and Expenses. (a) The Seller shall pay to the Agent for the ratable benefit of the Committed Purchasers, such amounts as agreed to with the Seller Committed Purchasers and the Agent in the Fee Letter. (b) The Seller shall pay to If (i) the Agent for amount of Windmill’s Investment is reduced (other than as a result of a Put) on any date other than the account last day of each Purchaser a non-use fee computed at the Non-Use Fee Rate on the average daily unused portion of such Purchaser’s Purchase Limit. Such non-use fee shall accrue from the Closing Date to the Termination Date and shall be due and payable for each Discount Period in arrears on the Bi-Monthly Settlement Date of each month and on the Termination Date. CP Tranche, (cii) The Seller shall pay to the Agent for the account of each Purchaser a facility fee computed at the Facility Fee Rate of such Purchaser’s Purchase Limit on each anniversary of the Closing Date on or prior to the Termination Date. (d) If the amount of Investment of any Purchaser allocated to any Eurodollar LIBOR Tranche is reduced before on any day other than the last day of its Tranche Period, Period or (iii) if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each applicable PurchaserPurchaser that had its Investment so reduced or scheduled Purchase not made. (ec) Investment Investment, Discount and Funding Charges shall not be recourse obligations of the Seller and shall be payable solely from Collections and from amounts payable under Sections 1.41.5, 1.6 1.7 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables). The Seller shall pay, as a full recourse obligation, all other amounts payable hereunder and under the Fee Letter, including all Discount, fees described in clauses (a), (b), (c) and hereunder. (d) above Notwithstanding anything in this Agreement to the contrary, in no event will the Funding Charges and amounts Discount charged and payable under Article VIhereunder exceed any maximum interest rate imposed by applicable law or regulation.

Fees and Other Costs and Expenses. (a) The Seller shall pay to the Agent such amounts as agreed to with the Seller in the Fee Letter. (b) The Seller shall pay to the Agent for the account of each Purchaser a non-use commitment fee computed at the Non-Use Fee Rate 0.35% per annum on the average daily unused portion of such Purchaser’s Purchase LimitCommitment. Such non-use commitment fee shall accrue from the Closing Restatement Date to the Termination Date and shall be due and payable for each Discount Period monthly in arrears on the Bi-Monthly Settlement Date of each month and on the Termination Date. The commitment fee provided in this Section 1.3(b) shall accrue at all times after the Restatement Date, including at any time during which one or more of the conditions in Article VII are not met. (c) The Seller shall pay to the Agent for the account of each Purchaser a facility fee computed at the Facility Fee Rate of such Purchaser’s Purchase Limit on each anniversary of the Closing Date on or prior to the Termination Date. (d) If the amount of Investment of any Purchaser allocated to any Eurodollar Tranche is reduced before the last day of its Tranche Period, or if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each applicable Purchaser. (ed) Investment shall be payable solely from Collections and from amounts payable under Sections 1.4, 1.6 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables). The Seller shall pay, as a full recourse obligation, all other amounts payable hereunder and under the Fee Letter, including all Discount, fees described in clauses (a), (b), (c) and (dc) above and amounts payable under Article VI.

Fees and Other Costs and Expenses. (a) The Seller shall pay to the Agent such amounts as agreed to with the Seller in the Fee Letter. (b) The Seller shall pay to the Agent for the account of each Class A Purchaser a non-use commitment fee computed at the Non-Use Fee Rate 0.35% per annum on the average daily unused portion of such Class A Purchaser’s Purchase LimitClass A Commitment. Such non-use commitment fee shall accrue from the Closing Restatement Date (under the Original Receivables Sale Agreement) to the Termination Date and shall be due and payable for each Discount Period monthly in arrears on the Bi-Monthly Settlement Date of each month and on the Termination Date. The commitment fee provided in this Section 1.3(b) shall accrue at all times after the Second Restatement Date, including at any time during which one or more of the conditions in Article VII are not met. (c) The Seller shall pay to the Agent for the account of each Class B Purchaser a facility commitment fee computed at 0.50% per annum on the Facility Fee Rate average daily unused portion of such Class B Purchaser’s Purchase Limit on each anniversary of Class B Commitment. Such commitment fee shall accrue from the Closing Second Restatement Date on or prior to the Termination Date and shall be due and payable monthly in arrears on the Monthly Settlement Date of each month and on the Termination Date. The commitment fee provided in this Section 1.3(c) shall accrue at all times after the Second Restatement Date, including at any time during which one or more of the conditions in Article VII are not met. (d) If the amount of Investment of any Purchaser allocated to any Eurodollar Tranche is reduced before the last day of its Tranche Period, or if a requested Incremental Purchase at the Eurodollar Rate does not take place on its scheduled Purchase Date, the Seller shall pay the Early Payment Fee to each applicable Purchaser. (e) Investment shall be payable solely from Collections and from amounts payable under Sections 1.4, 1.6 and 6.1 (to the extent amounts paid under Section 6.1 indemnify against reductions in or non-payment of Receivables). The Seller shall pay, as a full recourse obligation, all other amounts payable hereunder and under the Fee Letter, including all Discount, fees described in clauses (a), (b), (c) and (d) above and amounts payable under Article VI.