Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur télécharger pdf (Page 138)

Lender of its obligation hereunder to make its Advance on such date, but no Lender shall be responsible for the failure of any other

Lender to make the Advance to be made by such other Lender on such date.

SECTION 2.04. Fees. (a) Facility Fee. Each Borrower jointly and severally agrees to pay to the Administrative

Agent, for the account of each Lender, a facility fee (the "Facility Fee") on the daily amount of such Lender's Revolving Credit

Commitment (whether used or unused) from the Effective Date in the case of each Initial Lender and from the effective date specified

in the Assignment and Acceptance or the Assumption Agreement, as the case may be, pursuant to which it became a Lender in the

case of each other Lender until, in each case, the Termination Date applicable to such Lender at a rate per annum equal to the

Applicable Percentage in effect from time to time, payable in arrears quarterly on the last Business Day of each March, June,

September and December, commencing December 31, 2007, and on the Termination Date applicable to such Lender.

(b) Letter of Credit Fees. (i) Each Borrower for whose account a Letter of Credit has been issued shall pay to

the Administrative Agent for the account of each Lender a commission on such Lender's Pro Rata Share of the average daily aggregate

Available Amount of all Letters of Credit issued on its account and outstanding from time to time at a rate per annum equal to the

Applicable Margin for Eurodollar Rate Advances in effect from time to time, payable in arrears quarterly on the last Business Day of

each March, June, September and December, commencing December 31, 2007, and on the Termination Date applicable to such

Lender, and after the final Termination Date payable upon demand; provided that the Applicable Margin shall increase by 2% upon

the occurrence and during the continuation of an Event of Default if the Borrower is required to pay default interest pursuant to

Section 2.07(b).

(ii) The applicable Borrower shall pay to each Issuing Bank for its own account an issuance fee on the average

daily aggregate Available Amount of all Letters of Credit issued by such Issuing Bank in an amount agreed in writing by the

Company and such Issuing Bank, payable in arrears quarterly on the last Business Day of each March, June, September and

December, commencing December 31, 2007, and on the Termination Date applicable to such Issuing Bank, and after such

Termination Date payable upon demand, and such other reasonable and customary presentation, amendment and other

processing fees as may from time to time be agreed in writing between the Company and such Issuing Bank.

its own account, such fees as may from time to time be agreed in various fee letters between the Company, on the one hand, and the

Administrative Agent or the Syndication Agent, on the other hand.

SECTION 2.05. Termination or Reduction of the Commitments. (a) The Borrowers shall have the right, upon at

least three Business Days' notice to the Administrative Agent, to irrevocably terminate in whole or reduce ratably in part the aggregate

Unused Commitments of the Lenders; provided that each partial reduction shall be in the aggregate amount of $25,000,000 or an

integral multiple of $1,000,000 in excess thereof or, if less, the aggregate amount of the Revolving Credit Commitments at such time.

Source: BLACK & DECKER CORP, 10-K, February 19, 2010 Powered by Morningstar

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Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur Page 138