Fees Payable. Borrower shall pay the following fees (the "Fees") at the Agency Office: (i) to CSFB, the fees provided for in that certain fee letter between CSFB and Borrower dated as of June 5, 2000, in the amounts and at the times specified in such fee letter; (ii) to Agent for the benefit of all Banks (based on their respective Commitments), a utilization fee (the "Utilization Fee") accruing for each day during the period from the Closing Date to the Termination Date in an amount equal to (i) the Utilized Percentage on such day multiplied by (ii) 1/360th of the Applicable Utilization Fee Rate in effect on such day. The accrued portion of the Utilization Fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand; (iii) to Agent for the benefit of all Banks (based on their respective Commitments), a facility fee in respect of such Banks' Commitments (the "Facility Fee") accruing for each day during the period from the Closing Date to the Termination Date in an amount equal to (i) the Aggregate Commitments on such day multiplied by (ii) 1/360th of the Applicable Facility Fee Rate in effect on such day. The accrued portion of the Facility Fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand; (iv) to Agent, for the benefit of all Banks committed to make Committed Loans (based upon their respective Commitments), a fee for each L/C accruing for each day during the period from the date of issuance thereof to the date of termination thereof equal to amount of outstanding L/C Obligations for such L/C on such day multiplied by 1/360th of the Applicable L/C Fee Rate in effect on such day. The accrued portion of such fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand; and (v) to the L/C Issuer, exclusively for the account of the L/C Issuer, (A) a fee for each L/C in such amount, and calculated and payable on such basis, as is set forth in a separate letter agreement between Borrower and the L/C Issuer, and (B) on demand, such standard fees, charges and expenses as are customarily charged or incurred by the L/C Issuer from time to time in connection with the issuance, amendment, transfer, administration or cancellation of, or payment under, the L/Cs, as referred to in a separate letter agreement between Borrower and the L/C Issuer. The fees referred to in Sections 2.6(a)(iv) and (v) are hereinafter sometimes referred to individually as an "L/C Fee" and collectively as the "L/C Fees".
Appears in 1 contract
Sources: Credit Agreement (Midamerican Energy Holdings Co /New/)
Fees Payable. Borrower shall 7.1. The Fees Payable in respect of any Request are prescribed by the SAHRC and the Department of Justice and Constitutional Development, which can be found at the following link: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇.▇▇/legislation/notices/2021/20210827-gg45057gon757- PAIAregulations.pdf
7.2. The Act makes provision for two (2) types of Fees Payable, these are request fees and access fees:
7.2.1. The request fee payable by a Requester in circumstances other than when the Requester makes a request for their own personal information is R140.00. Any Requester making a request for access to their own personal information is exempt from paying a request fee in terms of the Act.
7.2.2. A Requester whose Request for access to a record has been granted, must pay an access fee for the reproduction, search and preparation of the record requested, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure, including making arrangements to make it available in the requested form.
7.3. Upon receipt of a Request by the Company, the Company will, by written notice advise the Requester (in the manner indicated by the Requester) to pay the following fees prescribed Fees Payable (if any), prior to the "Fees"processing of the Request.
7.4. In the event that the Information Officer is of the opinion that the prescribed hours (6 (six)) at (as per the Agency Office:
Regulations of the Act) will be exceeded to search, reproduce and/or prepare the information requested, the Company will notify the Requester (iexcept in the case of a personal requester) to CSFB, the fees provided for in that certain fee letter between CSFB and Borrower dated pay as of June 5, 2000, in the amounts and at the times specified in such fee letter;
a deposit (ii) to Agent for the benefit of all Banks (based on their respective Commitments), this being a utilization fee (the "Utilization Fee") accruing for each day during the period from the Closing Date to the Termination Date in an amount equal to (i) the Utilized Percentage on such day multiplied by (ii) 1/360th of the Applicable Utilization Fee Rate in effect on such day. The accrued prescribed portion of the Utilization Fee shall Fees Payable). A deposit will be payable quarterly equal to one-third of an amount per request calculated in arrears on terms of items 2 to 8 of Annexure B of the last Banking Day of MarchRegulations to the Act, Junefor each hour or part thereof, September and December of each yearexceeding the 6 (six) hours.
7.5. The Company shall withhold a record until the Requester has paid the Fees Payable, on the Termination Date and thereafter on demand;as indicated.
(iii) to Agent for the benefit of all Banks (based on their respective Commitments), 7.6. If a facility fee deposit has been paid in respect of such Banks' Commitments (a Request, which has subsequently been refused, then the "Facility Fee") accruing for each day during Company shall repay the period from the Closing Date deposit to the Termination Date in an amount equal to (i) the Aggregate Commitments on such day multiplied by (ii) 1/360th of the Applicable Facility Fee Rate in effect on such day. The accrued portion of the Facility Fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand;
(iv) to Agent, for the benefit of all Banks committed to make Committed Loans (based upon their respective Commitments), a fee for each L/C accruing for each day during the period from the date of issuance thereof to the date of termination thereof equal to amount of outstanding L/C Obligations for such L/C on such day multiplied by 1/360th of the Applicable L/C Fee Rate in effect on such day. The accrued portion of such fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand; and
(v) to the L/C Issuer, exclusively for the account of the L/C Issuer, (A) a fee for each L/C in such amount, and calculated and payable on such basis, as is set forth in a separate letter agreement between Borrower and the L/C Issuer, and (B) on demand, such standard fees, charges and expenses as are customarily charged or incurred by the L/C Issuer from time to time in connection with the issuance, amendment, transfer, administration or cancellation of, or payment under, the L/Cs, as referred to in a separate letter agreement between Borrower and the L/C Issuer. The fees referred to in Sections 2.6(a)(iv) and (v) are hereinafter sometimes referred to individually as an "L/C Fee" and collectively as the "L/C Fees"Requester.
Appears in 1 contract
Sources: Paia Manual
Fees Payable. Borrower shall pay the following fees (the "Fees") at the Agency Office:
(i) (A) to CSFB, the fees provided for in that certain fee letter between CSFB and Borrower dated as of June 5May 14, 20002001, in the amounts and at the times specified in such fee letter; and (B) to Agent for the benefit of all Banks (based on their respective Commitments), an up-front fee (the "Up-Front Fee"), in the amount provided for in that certain letter agreement between Agent and Borrower dated as of today's date, on the Closing Date;
(ii) to Agent for the benefit of all Banks (based on their respective Commitments), a utilization fee (the "Utilization Fee") accruing for each day during the period from the Closing Date to the Termination Date in an amount equal to (i) the Utilized Percentage on such day multiplied by (ii) 1/360th of the Applicable Utilization Fee Rate in effect on such day. The accrued portion of the Utilization Fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand;; and
(iii) to Agent for the benefit of all Banks (based on their respective Commitments), a facility fee in respect of such Banks' Commitments (the "Facility Fee") accruing for each day during the period from the Closing Date to the Termination Date in an amount equal to (i) the Aggregate Commitments on such day multiplied by (ii) 1/360th of the Applicable Facility Fee Rate in effect on such day. The accrued portion of the Facility Fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand;
(iv) to Agent, for the benefit of all Banks committed to make Committed Loans (based upon their respective Commitments), a fee for each L/C accruing for each day during the period from the date of issuance thereof to the date of termination thereof equal to amount of outstanding L/C Obligations for such L/C on such day multiplied by 1/360th of the Applicable L/C Fee Rate in effect on such day. The accrued portion of such fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand; and
(v) to the L/C Issuer, exclusively for the account of the L/C Issuer, (A) a fee for each L/C in such amount, and calculated and payable on such basis, as is set forth in a separate letter agreement between Borrower and the L/C Issuer, and (B) on demand, such standard fees, charges and expenses as are customarily charged or incurred by the L/C Issuer from time to time in connection with the issuance, amendment, transfer, administration or cancellation of, or payment under, the L/Cs, as referred to in a separate letter agreement between Borrower and the L/C Issuer. The fees referred to in Sections 2.6(a)(iv) and (v) are hereinafter sometimes referred to individually as an "L/C Fee" and collectively as the "L/C Fees".
Appears in 1 contract
Sources: Credit Agreement (Midamerican Energy Holdings Co /New/)
Fees Payable. Borrower shall pay the following fees (the "“Fees"”) at the Agency Office:
(i) to CSFBthe Person(s) entitled thereto, the fees provided for in (A) that certain fee letter agreement among UBOC, RBS, RBS Securities Corporation and Borrower, dated July 29, 2005, and (B) that certain letter agreement between CSFB Agent and Borrower Borrower, dated as of June 5August 26, 20002005, in each case in the amounts and at the times specified in such fee lettertherein;
(ii) to Agent for the benefit of all Banks (based on their respective Commitments), a utilization fee (the "“Utilization Fee"”) accruing for each day during the period from the Closing Date to the Termination Date in an amount equal to (iA) the Utilized Percentage sum of the aggregate principal amount of all outstanding Loans (excluding Bid Rate Loan Outstandings) and the L/C Outstandings on such day multiplied by (iiB) 1/360th of the Applicable Utilization Fee Rate in effect on such day. The accrued portion of the Utilization Fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand;
(iii) to Agent for the benefit of all Banks (based on their respective Commitments), a facility fee in respect of such Banks' ’ Commitments (the "“Facility Fee"”) accruing for each day during the period from the Closing Date to the Termination Date in an amount equal to (iA) the Aggregate Commitments on such day multiplied by (iiB) 1/360th of the Applicable Facility Fee Rate in effect on such day. The accrued portion of the Facility Fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand;
(iv) to Agent, for the benefit of all Banks committed to make Committed Loans (based upon their respective Commitments), a fee for each L/C accruing for each day during the period from the date of issuance thereof to the date of termination thereof equal to (A) the amount of outstanding L/C Obligations for such L/C on such day multiplied by (B) 1/360th of the Applicable L/C Fee Rate in effect on such day. The accrued portion of such fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand; and
(v) to the L/C Issuer, exclusively for the account of the L/C Issuer, (A) a fee for each L/C in such amount, and calculated and payable on such basis, as is set forth in a separate letter agreement between Borrower and the L/C Issuer, and (B) on demand, such standard fees, charges and expenses as are customarily charged or incurred by the L/C Issuer from time to time in connection with the issuance, amendment, transfer, administration or cancellation of, or payment under, the L/Cs, as referred to in a separate letter agreement between Borrower and the L/C Issuer. The fees referred to in Sections 2.6(a)(iv) and (v) are hereinafter sometimes referred to individually as an "“L/C Fee" ” and collectively as the "“L/C Fees"”.
Appears in 1 contract
Sources: Credit Agreement (Midamerican Energy Holdings Co /New/)
Fees Payable. Borrower shall pay the following fees (the "“Fees"”) at the Agency Office:
(i) to CSFBthe Person(s) entitled thereto, the fees provided for in that certain fee letter between CSFB agreement among UBOC, RBS Securities Corporation and Borrower Borrower, dated as of June 515, 20002006, in the amounts and at the times specified in such fee lettertherein;
(ii) to Agent for the benefit of all Banks (based on their respective Commitments), a utilization fee (the "“Utilization Fee"”) accruing for each day during the period from the Closing Date to the Termination Date in an amount equal to (iA) the Utilized Percentage sum of the aggregate principal amount of all outstanding Loans (excluding Bid Rate Loan Outstandings) and the L/C Outstandings on such day multiplied by (iiB) 1/360th of the Applicable Utilization Fee Rate in effect on such day. The accrued portion of the Utilization Fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand;
(iii) to Agent for the benefit of all Banks (based on their respective Commitments), a facility fee in respect of such Banks' ’ Commitments (the "“Facility Fee"”) accruing for each day during the period from the Closing Date to the Termination Date in an amount equal to (iA) the Aggregate Commitments on such day multiplied by (iiB) 1/360th of the Applicable Facility Fee Rate in effect on such day. The accrued portion of the Facility Fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand;
(iv) to Agent, for the benefit of all Banks committed to make Committed Loans (based upon their respective Commitments), a fee for each L/C accruing for each day during the period from the date of issuance thereof to the date of termination thereof equal to (A) the amount of outstanding L/C Obligations for such L/C on such day multiplied by (B) 1/360th of the Applicable L/C Fee Rate in effect on such day. The accrued portion of such fee shall be payable quarterly in arrears on the last Banking Day of March, June, September and December of each year, on the Termination Date and thereafter on demand; and
(v) to the L/C Issuer, exclusively for the account of the L/C Issuer, (A) a fee for each L/C in such amount, and calculated and payable on such basis, as is set forth in a separate letter agreement between Borrower and the L/C Issuer, and (B) on demand, such standard fees, charges and expenses as are customarily charged or incurred by the L/C Issuer from time to time in connection with the issuance, amendment, transfer, administration or cancellation of, or payment under, the L/Cs, as referred to in a separate letter agreement between Borrower and the L/C Issuer. The fees referred to in Sections 2.6(a)(iv) and (v) are hereinafter sometimes referred to individually as an "“L/C Fee" ” and collectively as the "“L/C Fees"”.
Appears in 1 contract
Sources: Credit Agreement (Midamerican Energy Holdings Co /New/)