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This excerpt taken from the CVS 8-K filed Mar 23, 2007. “Utilization
Fee”) for each day during
the
period commencing on the Effective Date and ending on the Expiration Date (or,
if later, the date when the Committed Credit Exposure of such Lender is $0)
that
the sum of (i) the Aggregate Credit Exposure, (ii) the Aggregate Credit Exposure
(as defined in the Existing 2004 Five Year Credit Agreement), (iii) the
Aggregate Credit Exposure (as defined in the Existing 2005 Five Year Credit
Agreement) and (iv) the Aggregate Credit Exposure (as defined in the Existing
2006 Five Year Credit Agreement) on such date exceeds 50% of the sum of (i)
the
Aggregate Commitment Amount, (ii) the Aggregate Commitment Amount (as defined
in
the Existing 2004 Five Year Credit Agreement), (iii) the Aggregate Commitment
Amount (as defined in the Existing 2005 Five Year Credit Agreement) and (iv)
the
Aggregate Commitment Amount (as defined in the Existing 2006 Five Year Credit
Agreement) on such date, payable on each Interest Payment Date (other than
an
Interest Payment Date applicable solely to Competitive Bid Loans) or if Letters
of Credit are outstanding, but no Revolving Credit Loans or Swing Line Loans
are
outstanding, payable on each date that the Letter of Credit Participation Fee
is
payable, at a rate per annum equal to the Applicable Margin of the sum of (i)
the Committed Credit Exposure of such Lender, (ii) the Committed Credit Exposure
(as defined in the Existing 2004 Five Year Credit Agreement) of such Lender,
(iii) the Committed Credit Exposure (as defined in the Existing 2005 Five Year
Credit Agreement) of such Lender and (iv) the Committed Credit Exposure (as
defined in the Existing 2006 Five Year Credit Agreement) of such Lender on
such
date, less
the sum of (i) the Utilization Fee (as
defined in the Existing 2004 Five Year Credit Agreement), (ii) the Utilization
Fee (as defined in the Existing 2005 Five Year Credit Agreement) and (iii)
the
Utilization Fee (as defined in the Existing 2006 Five Year Credit Agreement),
in
each case payable to such Lender for such day. Notwithstanding anything to
the
contrary contained in this Section, on and after the Commitment Termination
Date, the Utilization Fee shall be payable upon demand. The Utilization Fee
shall be computed on the basis of a 360-day year for the actual number of days
elapsed.
37 3.12 |
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