Unused Commitment Fee Base definition

Unused Commitment Fee Base means an amount at any time equal to (a) the amount of the RC Commitment less (b) the sum of the aggregate principal amount of outstanding RC Loans and the face amount of outstanding Letters of Credit. Outstanding Swing Loans shall not reduce the Unused Commitment Fee Base. The term “Commitment Fee Rate” when used with respect to the average daily Unused Commitment Fee Base shall mean the following: Leverage Ratio is: Commitment Fee Rate is: >0.75 to 1.00 and 0.40% >1.50 to 1.00 0.50% The Commitment Fee Rate shall be determined using the Leverage Ratio on the Officer’s Compliance Certificate delivered on the Effective Date from the date hereof until the delivery of the Officer’s Compliance Certificate for the period ending March 31, 2013 pursuant to Subsection 6.1.3 (Delivery of Officer’s Compliance Certificates). Thereafter, the Commitment Fee Rate shall be adjusted three Business Days after the Officer’s Compliance Certificate is delivered pursuant to Subsection 6.1.3 (Delivery of Officer’s Compliance Certificates), provided, however, at any time that the U.S. Borrower shall have not delivered such certificate at the time specified in Subsection 6.1.3 (Delivery of Officer’s Compliance Certificates), until such time as such certificate is so delivered to the Agent, the Commitment Fee Rate shall be the highest rate set forth above.

Unused Commitment Fee Base means an amount at any time equal to (a) the amount of the Commitment less (b) the sum of the aggregate principal amount of outstanding RC Loans, the face amount of outstanding Letters of Credit and any Unreimbursed Drawings in respect of Letters of Credit. Outstanding Swing Loans shall not reduce the Unused Commitment Fee Base. The term “Annual Applicable Unused Commitment Fee Rate” when used with respect to the average daily Unused Commitment Fee Base shall mean the following: >0.75 to 1.00 and 0.40% >1.50 to 1.00 0.50% The Unused Commitment Fee Rate shall be determined using the Leverage Ratio on the Officer’s Compliance Certificate delivered on the Closing Date from the date hereof until the delivery of the Officer’s Compliance Certificate for the period ending October 2, 2010 pursuant to Subsection 6.1.3 (Delivery of Officer’s Compliance Certificates). Thereafter, the Unused Commitment Fee Rate shall be adjusted three Business Days after the Officer’s Compliance Certificate is delivered pursuant to Subsection 6.1.3 (Delivery of Officer’s Compliance Certificates), provided, however, at any time that the Borrower shall have not delivered such certificate at the time specified in Subsection 6.1.3 (Delivery of Officer’s Compliance Certificates), until such time as such certificate is so delivered to the Agent, the Unused Commitment Fee Rate shall be the highest rate set forth above.

Unused Commitment Fee Base means, at any time, the Commitment Fee Base then in effect (excluding any component thereof following the date upon which the Banks' related Commitment has expired or terminated), less the outstanding Construction Loans.

Unused Commitment Fee Base means an amount at any time equal to (a) the amount of the RC Commitment less (b) the sum of the aggregate principal amount of outstanding RC Loans and the face amount of outstanding Letters of Credit. The term “Commitment Fee Rate” when used with respect to the average daily Unused Commitment Fee Base shall mean the following: > 0.75 to 1.00 and < 1.50 to 1.00 0.40% The Commitment Fee Rate shall be determined using the Leverage Ratio on the Officer’s Compliance Certificate delivered on the Closing Date from the date hereof until the delivery of the Officer’s Compliance Certificate for the period ending March 31, 2015 pursuant to Subsection 6.1.3 (Delivery of Officer’s Compliance Certificates). Thereafter, the Commitment Fee Rate shall be adjusted three Business Days after the Officer’s Compliance Certificate is delivered pursuant to Subsection 6.1.3 (Delivery of Officer’s Compliance Certificates); provided, however, at any time that the U.S. Borrower shall have not delivered such certificate at the time specified in Subsection 6.1.3 (Delivery of Officer’s Compliance Certificates), until such time as such certificate is so delivered to the Agent, the Commitment Fee Rate shall be the highest rate set forth above.

Unused Commitment Fee Base means an amount at any time equal to (a) the amount of the RC Commitment less (b) the sum of the aggregate principal amount of outstanding RC Loans and the face amount of outstanding Letters of Credit. The term “Commitment Fee Rate” when used with respect to the average daily Unused Commitment Fee Base shall mean the following: > 0.50 to 1.00 and < 1.25 to 1.00 0.30% >1.25 and < 2.00x 0.35% The Commitment Fee Rate shall be 0.30% from the date hereof until the delivery of the Officer’s Compliance Certificate for the period ending March 31, 2020 pursuant to Subsection 6.1.3 (Delivery of Officer’s Compliance Certificates). Thereafter, the Commitment Fee Rate shall be adjusted three Business Days after the Officer’s Compliance Certificate is delivered pursuant to Subsection 6.1.3 (Delivery of Officer’s Compliance Certificates); provided, however, at any time that the Borrower shall have not delivered such certificate at the time specified in Subsection 6.1.3 (Delivery of Officer’s Compliance Certificates), until such time as such certificate is so delivered to the Agent, the Commitment Fee Rate shall be the highest rate set forth above.