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This excerpt taken from the CVS 8-K filed Mar 23, 2007. “Facility Fee”)
during
the period commencing on the earlier to occur of the Caremark Merger Effective
Date and July 31, 2007 and ending on the Expiration Date, payable quarterly
in
arrears on the last day of each March, June, September and December of each
year, commencing on the last day of the calendar quarter during which the
Facility Fee shall commence to accrue, and on the Expiration Date, at a rate
per
annum equal to the Applicable Margin of (a) prior to the Commitment Termination
Date or such earlier date upon which all of the Commitments shall have been
terminated in accordance with Section 2.6, the Commitment Amount of such Lender
(whether used or unused), and (b) thereafter, the sum of (i) the outstanding
principal balance of all Revolving Credit Loans of such Lender, (ii) such
Lender’s Swing Line Exposure and (iii) such Lender’s Letter of Credit Exposure.
Notwithstanding anything to the contrary contained in this Section, on and
after
the Commitment Termination Date, the Facility Fee shall be payable upon demand.
In addition, upon each reduction of the Aggregate Commitment Amount, the
Borrower shall pay the Facility Fee accrued on the amount of such reduction
through the date of such reduction. The Facility Fee shall be computed on the
basis of a 360-day year for the actual number of days elapsed.
(b) |
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