APPLICABLE COMMITMENT FEE PERCENTAGE Sample Clauses

APPLICABLE COMMITMENT FEE PERCENTAGE. For any fiscal quarter or portion thereof, three-eighths of one percent (0.375%) per annum; PROVIDED, HOWEVER, that in the event that the ratio of Funded Debt (calculated as of the last day of such fiscal quarter or portion thereof) to EBITDA (calculated for the four consecutive fiscal quarters ending on the last day of such fiscal quarter or portion thereof) meets the requirements set forth in the chart below, the Applicable Commitment Fee Percentage shall, commencing with the date which is ten (10) days after any date on which the Borrower delivers to the Banks the financial statements referred to in ss.8.4(a) or (b) for such fiscal quarter or portion thereof and ending with the date nine (9) days after the next date on which the Borrower delivers to each of the Banks the financial statements referred to in ss.8.4(a) or (b), be the percentage set forth opposite the applicable ratio of Funded Debt to EBITDA in the table below: Ratio of Funded Debt to EBITDA Applicable Commitment Fee Percentage -------------------- ------------------------------------ Greater than or equal to 2.5:1.0 0.375% Greater than or equal to 2.0:1.0 0.275% but less than 2.5:1.0 Greater than or equal to 1.5:1.0 0.225% but less than 2.0:1.0 Less than 1.5:1.0 0.200% APPLICABLE EURODOLLAR RATE MARGIN. For any fiscal quarter or portion thereof within any Interest Period with respect to any Eurodollar Rate Loan, one and three-eighths percent (1.375%) per annum; PROVIDED, HOWEVER, that in the event that the ratio of Funded Debt (calculated as of the last day of such fiscal quarter or portion thereof) to EBITDA (calculated for the four consecutive fiscal quarters ending on the last day of such fiscal quarter or portion thereof) meets the requirements set forth in the chart below, the Applicable Eurodollar Rate Margin shall, commencing with (but not before) the date which is ten (10) days after the date on which the Borrower delivers to the Banks the financial statements referred to in ss.8.4(a) or (b) for such fiscal quarter or portion thereof and ending with the date which is nine (9) days after the next date on which the Borrower delivers to each of the Banks the financial statements referred to in ss.8.4(a) or (b), be the percentage set forth opposite the applicable ratio of Funded Debt to EBITDA in the table below: Ratio of Funded Debt Applicable Eurodollar to EBITDA Rate Margin -------------------- --------------------- Greater than or equal to 3.0:1.0 1.375% Greater than or equal to 2...
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APPLICABLE COMMITMENT FEE PERCENTAGE. The definition of "Applicable Commitment Fee Percentage" is hereby deleted in its entirety and the following substituted in its stead:
Sample 1
APPLICABLE COMMITMENT FEE PERCENTAGE. The definition of the term “Applicable Commitment Fee Percentage” contained in Section 1.1 of the Credit Agreement is hereby amended and restated effective on and as of March 14, 2008, to read as follows:
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APPLICABLE COMMITMENT FEE PERCENTAGE. 5 applicable law...........................................................
Sample 1
APPLICABLE COMMITMENT FEE PERCENTAGE. Effective as of the Effective Date, the chart contained in the definition of the term “Applicable Commitment Fee Percentage” in Section 1.1 of the Credit Agreement is hereby deleted and the following chart is hereby inserted in lieu thereof: Level Total Net Leverage Ratio Applicable Commitment Fee Percentage I Less than or equal to 1.00 to 1.0 0.125% Level Total Net Leverage Ratio Applicable Commitment Fee Percentage II Greater than 1.00 to 1.0, but less than or equal to 1.50 to 1.0 0.150% III Greater than 1.50 to 1.0, but less than or equal to 2.0 to 1.0 0.200% IV Greater than 2.0 to 1.0, but less than or equal to 2.5 to 1.0 0.250% V Greater than 2.5 to 1.0, but less than or equal to 3.0 to 1.0 0.300% VI Greater than 3.0 to 1.0 0.350% In addition, effective as of the Effective Date, clause (b) to the proviso to the definition of “Applicable Commitment Fee Percentage” is hereby amended by deleting the words “Level V” and inserting in lieu thereof the words “Level VI”.
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Related to APPLICABLE COMMITMENT FEE PERCENTAGE

  • Unused Commitment Fee Borrower shall pay to Bank a fee equal to ten-hundredths percent (0.10%) per annum (computed on the basis of a 360-day year, actual days elapsed) on the average daily unused amount of the Line of Credit, which fee shall be calculated on a calendar quarter basis by Bank and shall be due and payable by Borrower in arrears on the last day of each September, December, March and June.

  • Applicable Percentage Except as provided otherwise in the next sentence, the term "Applicable Percentage" shall mean: (i) 0% during the one-year period commencing on the Closing Date (ii) 20% during the one-year period commencing on the first anniversary of the Closing Date; (iii) 40% during the one-year period commencing on the second anniversary of the Closing Date; (iv) 60% during the one-year period commencing on the third anniversary of the Closing Date; (v) 80% during the one-year period commencing on the fourth anniversary of the Closing Date; and (vi) 100% on and after the fifth anniversary of the Closing Date. Notwithstanding the foregoing, (A) immediately prior to and after the occurrence of a Sale of the Company, such Applicable Percentage shall mean 100%, and (B) in the case of a termination of employment described in Section 7.2(a)(iii)(B), such Applicable Percentage in clauses (i), (ii) and (iii) shall be 0%, and in clauses (iv) and (v) and (vi) shall be 40%, 75% and 100%, respectively.

  • Commitment Fee The Borrower agrees to pay to the Administrative Agent for the account of each Revolving Credit Lender under each Facility in accordance with its Pro Rata Share, a commitment fee equal to the Applicable Rate with respect to commitment fees times the actual daily amount by which the aggregate Revolving Credit Commitment exceeds the sum of (A) the Outstanding Amount of Revolving Credit Loans (which shall exclude, for the avoidance of doubt, any Swing Line Loans) and (B) the Outstanding Amount of L/C Obligations; provided that (x) any commitment fee accrued with respect to any of the Commitments of a Defaulting Lender during the period prior to the time such Lender became a Defaulting Lender and unpaid at such time shall not be payable by the Borrower so long as such Lender shall be a Defaulting Lender except to the extent that such commitment fee shall otherwise have been due and payable by the Borrower prior to such time and (y) no commitment fee shall accrue on any of the Commitments of a Defaulting Lender so long as such Lender shall be a Defaulting Lender. The commitment fee on each Revolving Credit Facility shall accrue at all times from the Closing Date until the Maturity Date for the Revolving Credit Facility, including at any time during which one or more of the conditions in Article IV is not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date during the first full fiscal quarter to occur after the Closing Date, and on the Maturity Date for the Revolving Credit Facility. The commitment fee shall be calculated quarterly in arrears, and if there is any change in the Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect.

  • Commitment Fees, etc (a) The Borrower agrees to pay to the Administrative Agent for the account of each Revolving Lender a commitment fee for the period from and including the date hereof to the last day of the Revolving Commitment Period, computed at the Commitment Fee Rate on the average daily amount of the Available Revolving Commitment of such Lender during the period for which payment is made, payable quarterly in arrears on each Fee Payment Date, commencing on the first such date to occur after the date hereof.

  • Unused Revolving Line Facility Fee A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to one quarter of one percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder; and

  • Unused Facility Fee A quarterly Unused Facility Fee equal to one quarter of one percent (0.25%) per annum of the difference between the Revolving Line and the average outstanding principal balance of Advances during the applicable quarter, which fee shall be payable within five (5) days of the last day of each such quarter and shall be nonrefundable; and

  • Commitments and Applicable Percentages 5.01 Loan Parties Organizational Information 5.08(b)(1) Owned Real Estate 5.08(b)(2) Leased Real Estate 5.10 Insurance 5.13 Subsidiaries; Other Equity Investments

  • Commitment Fees (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five percent (5%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

  • Commitment Percentage With respect to each Lender, the percentage set forth on Schedule 1.1 hereto as such Lender’s percentage of the aggregate Commitments of all of the Lenders, as the same may be changed from time to time in accordance with the terms of this Agreement.

  • Facility Fee The Company shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, a facility fee, in Dollars, equal to the Applicable Rate for facility fees times the actual daily amount of the Aggregate Commitments (or, if the Aggregate Commitments have terminated, on the Outstanding Amount of all Committed Loans, Swing Line Loans and L/C Obligations), regardless of usage, subject to adjustment as provided in Section 2.18. The facility fee shall accrue at all times during the Availability Period (and thereafter so long as any Committed Loans, Swing Line Loans or L/C Obligations remain outstanding), including at any time during which one or more of the conditions in Article IV are not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period (and, if applicable, thereafter on demand). The facility fee shall be calculated quarterly in arrears, and if there is any change in the Applicable Rate for facility fees during any quarter, the actual daily amount shall be computed and multiplied by the Applicable Rate for facility fees separately for each period during such quarter that such Applicable Rate for facility fees was in effect.

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