This excerpt taken from the ACAT 8-K filed Nov 13, 2009.
3.2.1. Unused Line Fee. During the months of June through November of each calendar year, Borrowers shall pay to Agent, for the Pro Rata benefit of Lenders, a fee equal to 0.50% per annum times the amount by which the Revolver Commitments exceed the average daily balance of Revolver Loans and stated amount of Letters of Credit during such month. During the months of January, February, March, April, May, and December of each calendar year, Borrowers shall pay to Agent, for the Pro Rata benefit of Lenders, a fee equal to 0.50% per annum times the amount by which $35,000,000 exceeds the average daily balance of Revolver Loans and stated amount of Letters of Credit during such month. Such fees shall be payable in arrears, on the first day of each month and on the Commitment Termination Date.
3.2.2. LC Facility Fees. Borrowers shall pay (a) to Agent, for the Pro Rata benefit of Lenders, a fee equal to the Applicable Margin in effect for LIBOR Loans times the average daily stated amount of Letters of Credit, which fee shall be payable monthly in arrears, on the first day of each month; (b) to Agent, for its own account, a fronting fee equal to 0.125% per annum on the stated amount of each Letter of Credit, which fee shall be payable monthly in arrears, on the first day of each month; and (c) to Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Letters of Credit, which charges shall be paid as and when incurred. During an Event of Default, the fee payable under clause (a) shall be increased by 2% per annum.
3.2.3. Underwriting Fee. Borrowers shall pay to Agent, as compensation for underwriting the Revolver Commitments, an underwriting fee as described in the Fee Letter, which shall be paid concurrently with the funding of the initial Loans hereunder.
3.2.4. Agent Fees; Other Fees. In consideration of Agents syndication of the Revolver Commitments and service as Agent hereunder, Borrowers shall pay to Agent, for its own account, the fees described in the Fee Letter. Borrowers shall also pay to Agent and Lenders all other fees set forth in the Fee Letter.
This excerpt taken from the ACAT 8-K filed Sep 4, 2008.
(i) The Borrower will pay to the Administrative Agent, for the pro rata account of all Lenders, a one-time fronting fee with respect to each documentary Letter of Credit in an amount equal to 0.25% of the original face amount of such Letter of Credit, payable upon issuance of such Letter of Credit.
(ii) The Borrower will pay to the Administrative Agent, for the pro rata account of all Lenders, a commission (the Letter of Credit Fee) with respect to each standby Letter of Credit. The Letter of Credit Fee will accrue on the face amount of such standby Letter of Credit outstanding from time to time at the LIBO Rate Margin, payable in arrears on the last day of each calendar quarter and on the Facility Termination Date or earlier termination of the Commitments; provided, however, that from and after the occurrence of an Event of Default and continuing thereafter until such Event of Default shall be remedied to the written satisfaction of the Required Lenders, upon written notice from the Administrative Agent, the annual rate at which the Letter of Credit Fee accrues with respect to each standby Letter of Credit shall be equal to the sum of (A) the annual rate that would accrue but for this proviso, and (B) 2%.
(iii) In addition, the Borrowers shall pay to the Issuing Lender, on demand, any and all of the Issuing Lenders customary fees in connection with the fronting, negotiation and administration of, and any drawings or acceptances under, any Letter of Credit.
(c) Reimbursement by Borrower. The Borrower shall pay the amount of each draft drawn under any Letter of Credit to the Issuing Lender on demand, together with interest at the Floating Rate from the date that such draft is paid by the Issuing Lender until payment of such amount in full. The Issuing Lender may (at its option) charge any deposit account maintained with the Issuing Lender for the amount of any draft drawn under a Letter of Credit.
(d) Reimbursement by Lenders. Each Lender shall be deemed to hold a participation interest in each Letter of Credit equal to that Lenders Percentage of the face amount of that Letter of Credit. If the Issuing Lender makes any payment pursuant to the terms of any Letter of Credit and is not promptly reimbursed, the Issuing Lender may request that each other Lender pay such Lenders Percentage of the unreimbursed amount. Upon receipt of any such request prior to 11:00 a.m. on a Business Day, the recipient shall be unconditionally and irrevocably obligated to pay its Percentage of the unreimbursed amount to the Issuing Lender in immediately available funds prior to 3:00 p.m. on such date. Notices received after 11:00 a.m. shall be deemed to have been received on the following Business Day. If payment is not made by a Lender when due hereunder, interest on the unpaid amount shall accrue from the date of the Issuing Lenders request through the date of payment at the Federal Funds Rate. After making any payment to the Issuing Lender under this subsection in connection with a particular Letter of Credit, a Lender shall be entitled to participate to the extent of its Percentage in the related reimbursements received by the Issuing Lender from the Borrower or otherwise. Upon receiving any such reimbursement, the Issuing Lender will distribute to each Lender its Percentage of such reimbursement. At the option of the Issuing Lender, any payment by a Lender hereunder may be deemed an Advance in accordance with Section 2.1 and payable under the Revolving Notes.
(e) Term; L/C Cash Collateral Account. Unless otherwise approved by the Lenders, no Letter of Credit shall have an initial or any renewal term of more than one year. Unless otherwise agreed by the Required Lenders in writing, the Borrower shall deposit in the L/C Cash Collateral Account, not less than 5 Business Days before the Facility Termination Date, an amount equal to the aggregate face amount of all Letters of Credit then outstanding, less the balance (if any) then outstanding in the L/C Cash Collateral Account.