Common use of Yield and Fees Clause in Contracts

Yield and Fees. (a) All Capital Investments and the outstanding amount of all other Obligations hereunder shall bear a Yield, in the case of Capital Investments, on the amount thereof from the date such Capital Investments are made and, in the case of such other Obligations, from the date such other Obligations are due and payable until, in all cases, paid in full, at the Applicable Yield. Accrued Yield shall be payable on each Payment Date. (b) The Seller shall pay to each Facility Agent such fees as are set forth in the Fee Letter to which such Facility Agent is a party. (c) The Seller shall pay to the Agent for remittance to the Servicer a fee (the “Servicer Fee”) of 0.50% per annum on the average daily aggregate Outstanding Balance of the Pool Receivables for the most recently completed month, from the date of the initial Purchase hereunder until the later of the Termination Date or the date on which Capital is reduced to zero, payable in arrears on the applicable Payment Date; provided, however, that, if at any time, the Servicer is not Equistar or an Affiliate of Equistar, the Servicer shall be paid, as such fee, the greater of (i) such amount and (ii) 120% of its reasonable out-of-pocket costs and expenses incurred by it in servicing, administering and collecting the Pool Receivables; and, provided further, that such fee shall be payable only from Collections pursuant to, and subject to the priority of payment set forth in, Sections 2.6, 2.7 and 2.8. (d) The Seller agrees to pay to each Purchaser an unused commitment fee on the actual daily amount by which the Commitment of such Purchaser exceeds such Purchaser’s Capital Investments (the “Unused Commitment Fee”) from the date hereof through the Termination Date at the Applicable Unused Commitment Fee Rate, payable in arrears (x) on the second Business Day of each calendar month, commencing on the first such Business Day following the Closing Date and (y) on the Termination Date.

Yield and Fees. (a) All Capital Investments and the outstanding amount of all other Obligations obligations hereunder shall bear a Yield, in the case of Capital Investments, on the principal amount thereof from the date such Capital Investments are made and, in the case of such other Obligationsobligations, from the date such other Obligations obligations are due and payable until, in all cases, paid in full, at the Applicable Yield. Accrued Yield shall be payable on each Payment DateCiticorp Rate. (b) The Seller shall pay to each Facility the Agent such fees as are set forth in the Second Amended and Restated Fee Letter to which such Facility Agent is a partyLetter. (c) The Seller shall pay to the Agent for remittance to the Servicer a fee (the “Servicer Fee”) of 0.501% per annum on the average daily aggregate Outstanding Balance amount of the Pool Receivables for the most recently completed monthCapital of each Receivable Interest, from the date of the initial Purchase hereunder until the later of the Termination Date or the date on which Capital is reduced to zero, payable in arrears on the applicable Yield Payment DateDate for each Yield Period for such Receivable Interest; provided, however, that, if at any time, the Servicer is not Equistar PolyOne or an Affiliate of EquistarPolyOne, the Servicer shall be paid, as such fee, the greater lesser of (i) such amount and (ii) 120% of its reasonable out-of-pocket the costs and expenses incurred by it referred to in servicing, administering Section 6.02(c); and collecting the Pool Receivables; and, provided further, further that such fee shall be payable only from Collections pursuant to, and subject to the priority of payment set forth in, Sections 2.6, 2.7 2.07 and 2.82.08. (d) The Seller agrees to shall pay to the Agent for the account of each Purchaser Purchaser, an unused commitment fee on the actual daily amount by which the Commitment of such Purchaser exceeds such Purchaser’s Capital Investments (the an “Unused Commitment Fee”) from equal to the date hereof through product of (i) the Termination Date at the Applicable Unused Commitment Fee Rate, Rate and (ii) the average daily Unused Commitment of such Purchaser. The Unused Commitment Fee will be payable monthly in arrears (x) on the second Business Day of each calendar month, commencing on the first such Business Day following the Closing Date and (y) on the Termination Date. (e) The Seller shall pay to the Agent for the accounts of the Purchasers, a letter of credit fee (a “L/C Fee”) equal to the product of (i) the Applicable L/C Margin and (ii) the average daily Letter of Credit Undrawn Amounts. The L/C Fee will be payable monthly in arrears and on the Termination Date. (f) The Seller shall pay to the applicable Issuing Bank, a letter of credit fee (the “L/C Issuance Fee”) equal to the product of (i) the L/C Issuance Fee Rate and (ii) the average daily Letter of Credit Undrawn Amounts with respect to Letters of Credit issued by such Issuing Bank. The L/C Issuance Fee will be payable monthly in arrears and on the Termination Date.

Yield and Fees. (a) All Capital Investments and the outstanding amount of all other Obligations obligations hereunder shall bear a Yield, in the case of Capital Investments, on the principal amount thereof from the date such Capital Investments are made and, in the case of such other Obligationsobligations, from the date such other Obligations obligations are due and payable until, in all cases, paid in full, at the Applicable Yield. Accrued Yield shall be payable on each Payment DateCiticorp Rate. (b) The Seller shall pay to each Facility the Agent such fees as are set forth in the Second Amended and Restated Fee Letter to which such Facility Agent is a partyLetter. (c) The Seller shall pay to the Agent for remittance to the Servicer a fee (at any time that it is not PolyOne or an Affiliate of PolyOne) from the “Servicer Fee”) later of 0.50% per annum on the average daily aggregate Outstanding Balance of the Pool Receivables for the most recently completed month, from the date of the initial Purchase hereunder and the date on which such Person becomes Servicer hereunder until the later of the Termination Date or the date on which Capital is reduced to zero, a fee (the “Servicer Fee”) equal to the lesser of (i) 1% per annum on the average daily amount of Capital, and (ii) 120% of the costs and expenses referred to in Section 6.02(c), such fee payable in arrears on the applicable Yield Payment DateDate for each Yield Period; provided, however, that, if at any time, so long as the Servicer is not Equistar PolyOne or an Affiliate of EquistarPolyOne, the Servicer shall not be paidpaid any Servicer Fee hereunder, as it being acknowledged and agreed by PolyOne that any amounts owing to PolyOne or any such fee, Affiliate in consideration for such services shall be the greater responsibility of (i) such amount and (ii) 120% of its reasonable out-of-pocket costs and expenses incurred paid by it in servicing, administering and collecting the Pool Receivables; and, provided further, that such fee Canadian Originator. Any Servicer Fee shall be payable only from Collections pursuant to, and subject to the priority of payment set forth in, Sections 2.6, 2.7 2.07 and 2.82.08. (d) The Seller agrees to shall pay to the Agent for the account of each Purchaser Purchaser, an unused commitment fee on the actual daily amount by which the Commitment of such Purchaser exceeds such Purchaser’s Capital Investments (the an “Unused Commitment Fee”) from equal to the date hereof through product of (i) the Termination Date at the Applicable Unused Commitment Fee Rate, Rate and (ii) the average daily Unused Commitment of such Purchaser. The Unused Commitment Fee will be payable monthly in arrears (x) on the second Business Day of each calendar month, commencing on the first such Business Day following the Closing Date and (y) on the Termination Date.

Yield and Fees. (a) All Capital Investments and the outstanding amount of all other Obligations hereunder shall bear a Yield, in the case of Capital Investments, on the amount thereof from the date such Capital Investments are made and, in the case of such other Obligations, from the date such other Obligations are due and payable until, in all cases, paid in full, at the Applicable Yield. Accrued Yield shall be payable on each Payment Date. (b) The Seller shall pay to each Facility Agent such fees as are set forth in the Fee Letter to which such Facility Agent is a party. (c) The Seller shall pay to the Agent for remittance to the Servicer a fee (the “Servicer Fee”) of 0.50% per annum on the average daily aggregate Outstanding Balance of the Pool Receivables for the most recently completed month, from the date of the initial Purchase hereunder until the later of the Termination Date or the date on which Capital is reduced to zero, payable in arrears on the applicable Payment Date; provided, however, that, if at any time, the Servicer is not Equistar an Originator or an Affiliate of Equistaran Originator, the Servicer shall be paid, as such fee, the greater of (i) such amount and (ii) 120% of its reasonable out-of-pocket costs and expenses incurred by it in servicing, administering and collecting the Pool Receivables; and, provided further, that such fee shall be payable only from Collections pursuant to, and subject to the priority of payment set forth in, Sections Sections 2.6, 2.7 and 2.8. (d) The Seller agrees to pay to each Purchaser an unused commitment fee on the actual daily amount by which the Commitment of such Purchaser exceeds such Purchaser’s Purchasers Capital Investments (the “Unused Commitment Fee”) from the date hereof through the Termination Date at the Applicable Unused Commitment Fee Rate, payable in arrears (x) on the second Business Day of each calendar month, commencing on the first such Business Day following the Closing Date and (y) on the Termination Date.

Yield and Fees. (a) All Capital Investments and the outstanding amount of all other Obligations hereunder shall bear a Yield, in the case of Capital Investments, on the amount thereof from the date such Capital Investments are made and, in the case of such other Obligations, from the date such other Obligations are due and payable until, in all cases, paid in full, at the Applicable Yield. Accrued Yield shall be payable on each Yield Payment Date. (b) The Seller shall pay to each Facility the Agent such fees as are set forth in the Fee Letter to which such Facility Agent is a partyLetter. (c) The Seller shall pay to the Agent for remittance to the Servicer a fee (the “Servicer Fee”) of 0.50% per annum on the average daily aggregate Outstanding Balance balance of Collections of the Pool Receivables for the most recently completed monthquarter, from the date of the initial Purchase hereunder until the later of the Termination Date or the date on which Capital is reduced to zero, payable in arrears on the applicable Payment Date; provided, however, that, if at any time, the Servicer is not Equistar an Originator or an Affiliate of Equistaran Originator, the Servicer shall be paid, as such fee, the greater of (i) such amount and (ii) 120% of its reasonable out-of-pocket costs and expenses incurred by it in servicing, administering and collecting the Pool Receivables; and, provided further, that such fee shall be payable only from Collections pursuant to, and subject to the priority of payment set forth in, Sections 2.6, 2.7 and 2.8. (d) The Seller agrees to pay to each Purchaser an unused commitment fee on the actual daily amount by which the Commitment of such Purchaser exceeds such Purchaser’s Capital Investments (the “Unused Commitment Fee”) from the date hereof through the Termination Date at the Applicable Unused Commitment Fee Raterate of 1.00% per annum, payable in arrears (x) on the second Business Day of each calendar month, commencing on the first such Business Day following the Closing Date and (y) on the Termination applicable Payment Date.

Yield and Fees. (a) All Capital Investments and the outstanding amount of all other Obligations obligations hereunder shall bear a Yield, in the case of Capital Investments, on the principal amount thereof from the date such Capital Investments are made and, in the case of such other Obligationsobligations, from the date such other Obligations obligations are due and payable until, in all cases, paid in full, at the Applicable Yield. Accrued Yield shall be payable on each Payment DateCiticorp Rate. (b) The Seller shall pay to each Facility the Agent such fees as are set forth in the Fee Letter to which such Facility Agent is a partyLetter. (c) The Seller shall pay to the Agent for remittance to the Servicer a fee (the “"Servicer Fee”") of 0.501% per annum on the average daily aggregate Outstanding Balance amount of the Pool Receivables for the most recently completed monthCapital of each Receivable Interest, from the date of the initial Purchase hereunder until the later of the Termination Date or the date on which Capital is reduced to zero, payable in arrears on the applicable Yield Payment DateDate for each Yield Period for such Receivable Interest; provided, however, that, if at any time, the Servicer is not Equistar PolyOne or an Affiliate of EquistarPolyOne, the Servicer shall be paid, as such fee, the greater lesser of (i) such amount and (ii) 120% of its reasonable out-of-pocket the costs and expenses incurred by it referred to in servicing, administering Section 6.02(c); and collecting the Pool Receivables; and, provided further, further that such fee shall be payable only from Collections pursuant to, and subject to the priority of payment set forth in, Sections 2.6, 2.7 2.07 and 2.82.08. (d) The Seller agrees to shall pay to the Agent for the account of each Purchaser Purchaser, an unused commitment fee on (an "Unused Commitment Fee") equal to the actual product of (i) the Unused Commitment Fee Rate and (ii) the average daily amount by which the Unused Commitment of such Purchaser exceeds such Purchaser’s Capital Investments (the “Unused Commitment Fee”) from the date hereof through the Termination Date at the Applicable . The Unused Commitment Fee Rate, will be payable monthly in arrears (x) on the second Business Day of each calendar month, commencing on the first such Business Day following the Closing Date and (y) on the Termination Date. (e) The Seller shall pay to the Agent for the accounts of the Purchasers, a letter of credit fee (a "L/C Fee") equal to the product of (i) the Applicable L/C Margin and (ii) the average daily Letter of Credit Undrawn Amounts. The L/C Fee will be payable monthly in arrears and on the Termination Date. (f) The Seller shall pay to the Issuing Bank, a letter of credit fee (the "L/C Issuance Fee") equal to the product of (i) the L/C Issuance Fee Rate and (ii) the average daily Letter of Credit Undrawn Amounts. The L/C Issuance Fee will be payable monthly in arrears and on the Termination Date.

Yield and Fees. (a) All Capital Investments and the outstanding amount of all other Obligations obligations hereunder shall bear a Yield, in the case of Capital Investments, on the principal amount thereof from the date such Capital Investments are made and, in the case of such other Obligationsobligations, from the date such other Obligations obligations are due and payable until, in all cases, paid in full, at the Applicable Yield. Accrued Yield shall be payable on each Payment DateCiticorp Rate. (b) The Seller shall pay to each Facility the Agent such fees as are set forth in the Amended and Restated Fee Letter to which such Facility Agent is a partyLetter. (c) The Seller shall pay to the Agent for remittance to the Servicer a fee (the “Servicer Fee”) of 0.501% per annum on the average daily aggregate Outstanding Balance amount of the Pool Receivables for the most recently completed monthCapital of each Receivable Interest, from the date of the initial Purchase hereunder until the later of the Termination Date or the date on which Capital is reduced to zero, payable in arrears on the applicable Yield Payment DateDate for each Yield Period for such Receivable Interest; provided, however, that, if at any time, the Servicer is not Equistar PolyOne or an Affiliate of EquistarPolyOne, the Servicer shall be paid, as such fee, the greater lesser of (i) such amount and (ii) 120% of its reasonable out-of-pocket the costs and expenses incurred by it referred to in servicing, administering Section 6.02(c); and collecting the Pool Receivables; and, provided further, further that such fee shall be payable only from Collections pursuant to, and subject to the priority of payment set forth in, Sections 2.6, 2.7 2.07 and 2.82.08. (d) The Seller agrees to shall pay to the Agent for the account of each Purchaser Purchaser, an unused commitment fee on the actual daily amount by which the Commitment of such Purchaser exceeds such Purchaser’s Capital Investments (the an “Unused Commitment Fee”) from equal to the date hereof through product of (i) the Termination Date at the Applicable Unused Commitment Fee Rate, Rate and (ii) the average daily Unused Commitment of such Purchaser. The Unused Commitment Fee will be payable monthly in arrears (x) on the second Business Day of each calendar month, commencing on the first such Business Day following the Closing Date and (y) on the Termination Date. (e) The Seller shall pay to the Agent for the accounts of the Purchasers, a letter of credit fee (a “L/C Fee”) equal to the product of (i) the Applicable L/C Margin and (ii) the average daily Letter of Credit Undrawn Amounts. The L/C Fee will be payable monthly in arrears and on the Termination Date. (f) The Seller shall pay to the applicable Issuing Bank, a letter of credit fee (the “L/C Issuance Fee”) equal to the product of (i) the L/C Issuance Fee Rate and (ii) the average daily Letter of Credit Undrawn Amounts with respect to Letters of Credit issued by such Issuing Bank. The L/C Issuance Fee will be payable monthly in arrears and on the Termination Date.

Yield and Fees. (a) All Capital Investments and the outstanding amount of all other Obligations hereunder shall bear a Yield, in the case of Capital Investments, on the amount thereof from the date such Capital Investments are made and, in the case of such other Obligations, from the date such other Obligations are due and payable until, in all cases, paid in full, at the Applicable Yield. Accrued Yield shall be payable on each Payment Date. (b) The Seller shall pay to each Facility the Agent such fees as are set forth in the Citicorp Fee Letter to which such Facility Agent is a party. (c) The Seller shall pay to the Agent for remittance to the Servicer a fee (the “Servicer Fee”) of 0.50% per annum on the average daily aggregate Outstanding Balance of the Pool Receivables for the most recently completed month, from the date of the initial Purchase hereunder until the later of the Termination Date or the date on which Capital is reduced to zero, payable in arrears on the applicable Payment Date; provided, however, that, if at any time, the Servicer is not Equistar Lyondell or an Affiliate or Subsidiary of EquistarLyondell, the Servicer shall be paid, as such fee, the greater of (i) such amount and (ii) 120% of its reasonable out-of-pocket costs and expenses incurred by it in servicing, administering and collecting the Pool Receivables; and, provided further, that such fee shall be payable only from Collections pursuant to, and subject to the priority of payment set forth in, Sections 2.6, 2.7 and 2.8. (d) The Seller agrees to pay to each Purchaser an unused commitment fee on the actual daily amount by which the Commitment of such Purchaser exceeds such Purchaser’s Capital Investments (the “Unused Commitment Fee”) from the date hereof through the Termination Date at the Applicable Unused Commitment Fee Ratea rate of 0.50% per annum, payable in arrears (x) on the second Business Day of each calendar month, commencing on the first such Business Day following the Closing Date and (y) on the Termination Date.

Yield and Fees. (a) All Capital Investments and the outstanding amount of all other Obligations obligations hereunder shall bear a Yield, in the case of Capital Investments, on the principal amount thereof from the date such Capital Investments are made and, in the case of such other Obligationsobligations, from the date such other Obligations obligations are due and payable until, in all cases, paid in full, at the Applicable Yield. Accrued Yield shall be payable on each Payment Date. (b) The Seller shall pay to each Facility the Agent such fees as are set forth in the Fee Letter to which such Facility Agent is a partyLetter. (c) The Seller Purchasers shall pay to the Agent for remittance to the Servicer a fee (the “Servicer Fee”) of 0.50% $1,500,000 per annum on the average daily aggregate Outstanding Balance of the Pool Receivables for the most recently completed month, from the date of the initial Purchase hereunder until the later of the Termination Date or the date on which Capital is reduced to zeroan actual basis, payable in arrears on the last day of the applicable Payment DateSettlement Period; provided, however, that, if at any time, the Servicer is not Equistar Chemtura or an Affiliate of EquistarChemtura, the Servicer shall be paid, as such fee, the greater lesser of (i) such amount $1,500,000 per annum (payable as described above) and (ii) 120% of its reasonable out-of-pocket costs and expenses incurred by it in servicing, administering and collecting the Pool Receivables; and, provided further, that such fee shall be payable only from Collections pursuant to, and subject to the priority of payment set forth in, Sections 2.6, 2.7 2.07 and 2.82.08. (d) The Seller agrees to pay to each Purchaser an unused commitment fee on the actual daily amount by which the Commitment of such Purchaser exceeds such Purchaser’s Ratable Portion of the outstanding Capital Investments (the “Unused Commitment Fee”) from the date hereof through the Termination Date at the Applicable Unused Commitment Fee Rate, payable in arrears (x) on the second first Business Day of each calendar month, commencing on the first such Business Day following the Closing Date and (y) on the Termination Date.

Yield and Fees. (a) All Capital Investments and the outstanding amount of all other Obligations hereunder shall bear a Yield, in the case of Capital Investments, on the amount thereof from the date such Capital Investments are made and, in the case of such other Obligations, from the date such other Obligations are due and payable until, in all cases, paid in full, at the Applicable Yield. Accrued Yield The Servicer shall be payable on each Payment Date. (b) The Seller shall pay entitled to each Facility Agent such fees as are set forth in the Fee Letter to which such Facility Agent is a party. (c) The Seller shall pay to the Agent for remittance to the Servicer receive a fee (the “Servicer Servicing Fee”) of 0.500.25% per annum (the “Servicing Fee Rate”) on the average daily aggregate Outstanding Balance of the Pool Receivables for the most recently completed month, from the date of the initial Purchase hereunder until the later of the Termination Date or the date on which Capital is reduced to zeroReceivables, payable in arrears on the applicable each Servicing Fee Payment Date; provided, however, that, if at any time. Upon three Business Days’ notice to the Managing Agents, the Servicer is (if not Equistar an Originator, the Seller or its designee or an Affiliate of Equistarthe Seller) may, with the Servicer shall prior written consent of each Managing Agent, elect to be paid, as such fee, another percentage per annum on the greater average daily Outstanding Balance of (i) such amount and (ii) 120% of its reasonable out-of-pocket costs and expenses incurred by it in servicing, administering and collecting the Pool Receivables; andprovided, provided furtherhowever, that in no event shall the new Servicing Fee exceed 110% of the actual costs and expenses of such fee Servicer. Notwithstanding anything herein to the contrary, the Servicing Fee shall be payable only from Collections pursuant to, and subject to the priority of payment payments set forth in, Sections 2.62.04 and 2.05. To the extent such Collections are not sufficient to pay the Servicing Fee in full, 2.7 and 2.8none of the Seller, the Administrative Agent, the Managing Agents or the Purchasers shall have any liability for the deficiency. (db) The Seller agrees to shall pay to the Administrative Agent and each Purchaser an unused commitment fee Managing Agent certain fees (collectively, the “Fees”) in the amounts and on the actual daily amount by which dates set forth in (i) the Commitment fee letter agreement dated as of such Purchaser exceeds such Purchaser’s Capital Investments the Initial Closing Date between the Seller and the Administrative Agent (as the same may be amended or restated from time to time, the “Unused Commitment FeeAdministrative Agent Fee Letter”) from the date hereof through the Termination Date at the Applicable Unused Commitment Fee Rate, payable in arrears (x) on the second Business Day of each calendar month, commencing on the first such Business Day following the Closing Date and (yii) on the Termination Dateamended and restated fee letter dated as of even date herewith among the Seller, the Administrative Agent and the Managing Agents (as the same may be amended or restated from time to time, the “Purchaser Fee Letter”). (c) On each Settlement Date for a Receivable Interest, the Seller shall pay to the relevant Managing Agent all accrued and unpaid Yield with respect to such Receivable Interest.