Common use of Unused Commitment Fees Clause in Contracts

Unused Commitment Fees. (i) B▇▇▇▇▇▇▇ agrees to pay to the Administrative Agent, for the account of each Lender, according to such L▇▇▇▇▇’s Applicable Percentage, a daily unused commitment fee, on the actual daily unused amount of the Commitment of such Lender, if any, on each day during the immediately preceding calendar quarter, times: (A) if the utilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) is less than the 34% Minimum Utilization Amount, (1) 0.30% per annum on the unutilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) above the 67% Minimum Utilization Amount, plus (3) 0.50% per annum on the unutilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) above or equal to the 34% Minimum Utilization Amount but below the 67% Minimum Utilization Amount; plus (3) 0.75% per annum on the unutilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) below the 34% Minimum Utilization Amount; (B) if the utilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) is greater than or equal to the 34% Minimum Utilization Amount but less than the 67% Minimum Utilization Amount, (1) 0.30% per annum on the unutilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) above the 67% Minimum Utilization Amount, plus (2) 0.50% per annum on the unutilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) above or equal to the 34% Minimum Utilization Amount but below the 67% Minimum Utilization Amount. (C) If the utilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) is greater than or equal to the 67% Minimum Utilization Amount, 0.30% per annum. (ii) It is hereby understood and agreed that the unused commitment fees described in this Section 2.09(a) shall be adjusted from time to time on an annual basis based upon the Sustainability Commitment Fee Adjustment (to be calculated and applied as set forth in Section 2.18); provided that in no event shall the unused commitment fees be less than 0.00% per annum. Notwithstanding anything to the contrary herein, until the delivery of (or failure to deliver) the Sustainability Certificate delivered in respect of Reference Year ending December 31, 2024, pursuant to Section2.18, the Sustainability Commitment Fee Adjustment shall be 0.00% per annum and there shall be no Sustainability Commitment Fee Adjustment to the unused commitment fees described in this Section 2.09(a). (iii) The fees described in this Section 2.09 (a) shall accrue at all times set forth in the preceding clauses and shall be payable within one Business Day after each Quarterly Date and on the earlier of the date the Commitments terminate and the Commitment Termination Date, commencing on the first such date to occur after the Effective Date. All such 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). For purposes of computing such fees, the Commitments shall be deemed to be used to the extent of the outstanding Loans of all Lenders. The Borrower and the Lenders acknowledge and agree that fees described in this Section 2.09(a) payable hereunder are bona fide unused commitment fees and are intended as reasonable compensation to the Lenders for committing to make funds available to the Borrower as described herein and for no other purposes.

Unused Commitment Fees. (i) B▇▇▇▇▇▇▇ Borrower agrees to pay to the Administrative Agent, for the account of each Lender, according to such L▇▇▇▇▇Lender’s Applicable Percentage, a daily unused commitment fee, on the actual daily unused amount of the Commitment of such Lender, if any, on each day during the immediately preceding calendar quarter, times: (A) if the utilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) is less than the 34% Minimum Utilization Amount, (1) 0.30% per annum on the unutilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) above the 67% Minimum Utilization Amount, plus (3) 0.50% per annum on the unutilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) above or equal to the 34% Minimum Utilization Amount but below the 67% Minimum Utilization Amount; plus (3) 0.75% per annum on the unutilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) below the 34% Minimum Utilization Amount; (B) if the utilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) is greater than or equal to the 34% Minimum Utilization Amount but less than the 67% Minimum Utilization Amount, (1) 0.30% per annum on the unutilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) above the 67% Minimum Utilization Amount, plus (2) 0.50% per annum on the unutilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) above or equal to the 34% Minimum Utilization Amount but below the 67% Minimum Utilization Amount. (C) If the utilized portion of the aggregate Commitments as of the close of business on such day (after giving effect to Borrowings, prepayments and Commitment reductions on such day) is greater than or equal to the 67% Minimum Utilization Amount, 0.30% per annum. (ii) It is hereby understood and agreed that the unused commitment fees described in this Section 2.09(a) shall be adjusted from time to time on an annual basis based upon the Sustainability Commitment Fee Adjustment (to be calculated and applied as set forth in Section 2.18); provided that in no event shall the unused commitment fees be less than 0.00% per annum. Notwithstanding anything to the contrary herein, until the delivery of (or failure to deliver) the Sustainability Certificate delivered in respect of Reference Year ending December 31, 2024, pursuant to Section2.18, the Sustainability Commitment Fee Adjustment shall be 0.00% per annum and there shall be no Sustainability Commitment Fee Adjustment to the unused commitment fees described in this Section 2.09(a). (iii) The fees described in this Section 2.09 (a) shall accrue at all times set forth in the preceding clauses and shall be payable within one Business Day after each Quarterly Date and on the earlier of the date the Commitments terminate and the Commitment Termination Date, commencing on the first such date to occur after the Effective Date. All such 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). For purposes of computing such fees, the Commitments shall be deemed to be used to the extent of the outstanding Loans of all Lenders. The Borrower and the Lenders acknowledge and agree that fees described in this Section 2.09(a) payable hereunder are bona fide unused commitment fees and are intended as reasonable compensation to the Lenders for committing to make funds available to the Borrower as described herein and for no other purposes.