This excerpt taken from the WEN 8-K filed Jan 16, 2009.
Facility Fee”) at a per annum rate equal to the Applicable Fee Rate for the Facility Fee on the average daily amount of such Lender’s unused Commitment from and including the Closing Date to and including the Facility Termination Date, payable quarterly in arrears on each Payment Date hereafter and on the Facility Termination Date.
2.5.2 Reductions in Aggregate Commitment. The Borrower may permanently reduce the Aggregate Commitment in whole, or in part, ratably among the Lenders in integral multiples of $10,000,000, upon at least three (3) Business Days’ prior written notice to the Agent, which notice shall specify the amount of any such reduction, provided, however, that the amount of the Aggregate Commitment may not be reduced below the Aggregate Outstanding Credit Exposure. All accrued interest and Facility Fees shall be payable on the effective date of any termination of the obligations of the Lenders to make Loans hereunder.
2.5.3 Generally. All fees payable hereunder or under any fee letter entered into in connection herewith shall be paid on the dates due, in immediately available funds, to the Agent for distribution, in the case of Facility Fees to the Lenders. Fees paid shall not be refundable under any circumstances except in the case of manifest error in the calculation of any fee payment.
2.6. Minimum Amount of Each Advance. Each Eurodollar Advance shall be in the minimum amount of $5,000,000 (and in multiples of $1,000,000 if in excess thereof), and each Floating Rate Advance shall be in the minimum amount of $1,000,000 (and in multiples of $1,000,000 if in excess thereof), provided, however, that any Floating Rate Advance may be in the amount of the unused Aggregate Commitment.
2.7. Optional Principal Payments. The Borrower may from time to time pay, without penalty or premium, all outstanding Floating Rate Advances, or, in a minimum aggregate amount of $1,000,000 or any integral multiple of $1,000,000 in excess thereof, any portion of the outstanding Floating Rate Advances on any Business Day upon notice to the Agent by no later than 12:00 noon (New York, New York time) on the date of such prepayment. The Borrower may from time to time pay, subject to the payment of any funding indemnification amounts required by Section 4.4 but without penalty or premium, all outstanding Eurodollar Advances, or, in a minimum aggregate amount of $5,000,000 or any integral multiple of $1,000,000 in excess thereof, any portion of the outstanding Eurodollar Advances upon three (3) Business Days’ prior written notice to the Agent.
2.8. Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto from time to time. No Interest Period may end after the Facility Termination Date. The Borrower shall give the Agent irrevocable notice (a “