Common use of Interest Rate Protection Clause in Contracts

Interest Rate Protection. No later than ninety (90) days following the Closing Date and at all times thereafter until the third anniversary of the Closing Date, Borrowers shall obtain and cause to be maintained protection against fluctuations in interest rates pursuant to one or more Interest Rate Protection Agreements, in order to ensure that no less than 50% of the aggregate principal amount of the Term Loans then outstanding is either (i) subject to such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at a fixed rate.

Appears in 2 contracts

Sources: Credit Agreement (SITEL Worldwide Corp), Credit Agreement (Catalog Resources, Inc.)

Interest Rate Protection. No later than ninety (90) 90 days following the Closing Date and at all times thereafter until the third anniversary of the Closing Date, Borrowers Borrower shall obtain and cause to be maintained protection against fluctuations in interest rates pursuant to one or more Interest Rate Protection Agreements, Agreements in order to ensure that no less than 50% of the aggregate principal amount of the Term Loans total Indebtedness of the Borrower and its Subsidiaries then outstanding is either (i) subject to such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at a fixed rate.

Appears in 2 contracts

Sources: Term Loan Credit Agreement (McJunkin Red Man Holding Corp), Revolving Loan Credit Agreement (McJunkin Red Man Holding Corp)

Interest Rate Protection. No later than Within ninety (90) days following the Closing Date and at all times thereafter until the third anniversary of after the Closing Date, Borrowers shall obtain obtain, and cause to be maintained protection against fluctuations shall thereafter maintain in interest rates pursuant to effect for a period of not less than two years one or more Interest Rate Protection AgreementsAgreements with respect to the Loans, in order to ensure that no less than 50% of the an aggregate notional principal amount of the Term Loans then outstanding is either (i) subject to not less than $37,500,000, each such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at a fixed rateAgreement to be in form and substance satisfactory to Administrative Agent.

Appears in 2 contracts

Sources: Credit Agreement (Goss Graphic Systems Inc), Credit Agreement (Goss Graphic Systems Inc)

Interest Rate Protection. No later than ninety (90) days following the Closing Date and at all times thereafter until the third anniversary of the Closing Date, Borrowers shall obtain and maintain, or cause to be maintained protection against fluctuations maintained, in interest rates pursuant to effect one or more Interest Rate Protection Agreements, in order or otherwise fix the interest rate on an amount of Indebtedness, for a term of not less than three (3) years and pursuant to ensure that no which an amount equal to not less than 50% of the aggregate principal amount of the Initial Term Loans then outstanding is either (i) shall be subject to such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at a fixed rateotherwise fixed, in each case in form and substance reasonably satisfactory to Administrative Agent.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)

Interest Rate Protection. No later than ninety (90) days following the Closing Date and at all times thereafter until the third anniversary of 120th day after the Closing Date, Borrowers shall obtain enter into, and cause to be maintained protection against fluctuations in interest rates pursuant to one or more for a minimum of 2 years thereafter maintain, Interest Rate Protection Agreements, Agreements with terms and conditions reasonably acceptable to the Administrative Agent that result in order to ensure that no less than 50at least 40% of the aggregate principal amount of the Loans and the Term Loans then outstanding is either (i) under the First Lien Credit Agreement and any Refinancing Indebtedness in respect thereof being effectively subject to such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at a fixed rateor maximum interest rate reasonably acceptable to the Administrative Agent.

Appears in 2 contracts

Sources: Second Lien Credit Agreement (Emdeon Inc.), Second Lien Credit Agreement (Emdeon Inc.)

Interest Rate Protection. No later than ninety (90) Within 180 days following the Closing Date Date, the Borrower will enter into, and at all times thereafter until the third anniversary will for a period of 3 years following the Closing DateDate maintain, Borrowers shall obtain and cause to be maintained protection against fluctuations in interest rates pursuant to one or more Interest Rate Protection Agreements, Agreements on terms and conditions reasonably satisfactory to the Agents (including the absence of any restriction on the creation or enforcement of a security interest in order the rights of the Borrower thereunder) and in an amount equal to ensure that no less than 50% of the aggregate initial principal amount of the Term Loans then outstanding is either (i) subject to such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at a fixed rateLoans.

Appears in 1 contract

Sources: Credit Agreement (Usi Holdings Corp)

Interest Rate Protection. No later than ninety (90) Within 90 days following the Closing Date and at all times thereafter until the third anniversary of the Closing Date, Borrowers the Borrower shall obtain enter into and cause to be maintained protection against fluctuations maintain in interest rates pursuant to effect one or more Interest Rate Protection AgreementsAgreements with respect to the Loans, in order to ensure that no less than 50% of the an aggregate notional principal amount of the Term Loans then outstanding is either (i) subject to not less than $70,000,000, each such Interest Rate Protection Agreements or Agreement to be in form and substance reasonably satisfactory to Agent and with a term not to expire prior to the date that is three (ii3) Indebtedness that bears interest at a fixed rateyears from the Closing Date.

Appears in 1 contract

Sources: Credit Agreement (Cke Restaurants Inc)

Interest Rate Protection. No later than ninety (90) Within 45 days following the Closing Date and at all times thereafter until the third anniversary of after the Closing Date, Borrowers Borrower shall obtain and cause to be maintained protection against fluctuations maintain in interest rates pursuant to effect one or more Interest Rate Protection AgreementsAgreements with respect to the Loans, in order to ensure that no less than 50% of the an aggregate notional principal amount of not less than $45,000,000, which Interest Rate Agreements shall have the Term Loans then outstanding is either (i) subject effect of establishing a fixed interest rate or capping the interest rate in a manner EXECUTION 98 satisfactory to Administrative Agent and Arranging Agent with respect to such notional principal amount, each such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at Agreement to be in form and substance satisfactory to Administrative Agent and with a fixed rateterm of not less than two years after the Closing Date.

Appears in 1 contract

Sources: Credit Agreement (Prime Succession Inc)

Interest Rate Protection. No Borrowers will, no later than ninety (90) days following the Closing Date and at all times thereafter until the third anniversary of the Closing Date, Borrowers shall obtain enter into and cause maintain arrangements reasonably acceptable to be maintained protection against fluctuations in Agent which have the effect of establishing a fixed or maximum interest rates pursuant rate acceptable to one or more Interest Rate Protection Agreements, in order to ensure that no less than 50% of Agent and the Required Lenders for an aggregate notional principal amount of the Term Loans then outstanding is either Indebtedness equal to at least $110,000,000 for a period of at least three (i3) subject to such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at a fixed rateyears.

Appears in 1 contract

Sources: Credit Agreement (Natg Holdings LLC)

Interest Rate Protection. No later than ninety The Borrowers shall, within one hundred eighty (90180) days following the Closing Date and at all times thereafter until the third anniversary of after the Closing Date, Borrowers shall obtain interest rate protection if and cause only to be maintained protection against fluctuations in interest rates pursuant to the extent necessary through one or more Interest Rate Protection AgreementsSwap Contracts (including Swap Contracts existing on the Closing Date), in order on terms and with counterparties reasonably satisfactory to ensure that no less than 50% the Administrative Agent such that, for a period of thirty (30) months after the Closing Date, at least thirty percent (30%) of the aggregate principal amount sum of all Indebtedness of the Term Loans then outstanding US Borrower is either (i) subject to such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at effectively paid on a fixed raterate basis.

Appears in 1 contract

Sources: Credit Agreement (Jarden Corp)

Interest Rate Protection. No later than ninety (90) days following the Closing Date and at all times thereafter until the third anniversary of the Closing Date, Borrowers the Borrower shall obtain and cause maintain, or caused to be maintained protection against fluctuations maintained, in interest rates pursuant to effect one or more Interest Rate Protection Agreements, in order to ensure that no Agreements for a term of not less than 50three years and otherwise in form and substance reasonably satisfactory to the Administrative Agent, such that not less than an aggregate notional principal amount of 40% of the aggregate principal amount of the Term Loans then outstanding is either from time to time (ibased on the assumption that such notional principal amount was a Eurodollar Loan with an Interest Period of three months) subject to such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at a fixed rate.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (American Reprographics CO)

Interest Rate Protection. No later than ninety (90) days following the Closing Date and at all times thereafter until the third anniversary of the Closing Date, Borrowers the Borrower shall obtain (or maintain existing) and cause to be maintained protection against fluctuations in interest rates pursuant to one or more Interest Rate Protection AgreementsAgreements in form and substance reasonably satisfactory to the Administrative Agent, in order to ensure that no less than 50% of the aggregate principal amount of the Initial Term Loans then outstanding is either (i) subject to such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at a fixed rateAgreements.

Appears in 1 contract

Sources: Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)

Interest Rate Protection. No later than ninety (90) Within 90 days following the Closing Date and at all times thereafter until the third anniversary of after the Closing Date, Borrowers the Borrower shall obtain enter into, and cause to be maintained protection against fluctuations for a period of three years thereafter maintain at all times, in interest rates pursuant to one or more full force and effect, Interest Rate Protection AgreementsAgreements at rates, in order form and with parties reasonably satisfactory to ensure that no less than the Administrative Agent, the effect of which shall be to set at fixed rates the interest cost to the Borrower and its Subsidiaries with respect to at least 50% of the aggregate sum (at any time of determination) of the outstanding principal amount of the Term Loans then outstanding is either (i) subject to such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at a fixed rateLoans.

Appears in 1 contract

Sources: Credit Agreement (Century Maintenance Supply Inc)

Interest Rate Protection. No later than ninety The Borrowers shall, within one hundred eighty (90180) days following the Closing Date and at all times thereafter until the third anniversary of after the Closing Date, Borrowers shall obtain interest rate protection if and cause only to be maintained protection against fluctuations in interest rates pursuant to the extent necessary through one or more Interest Rate Protection AgreementsSwap Contracts (including Swap Contracts existing on the Closing Date), in order on terms and with counterparties reasonably satisfactory to ensure that no less than 50% the Administrative Agent such that, for a period of thirty (30) months after the Closing Date, at least thirty percent (30%) of the aggregate principal amount sum of all Consolidated Funded Indebtedness of the Term Loans then outstanding US Borrower is either (i) subject to such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at effectively paid on a fixed raterate basis.

Appears in 1 contract

Sources: Credit Agreement (Jarden Corp)

Interest Rate Protection. No later than ninety (90) Within 60 days following the Closing Date and at all times thereafter until the third anniversary of the Closing Date, Borrowers shall obtain and cause thereafter maintain at all time thereafter (except for up to be maintained two (2) periods each of five (5) Business Days or less during any fiscal year) interest rate protection against fluctuations in interest rates pursuant form, on terms and with parties reasonably acceptable to one or more Interest Rate Protection Agreements, in order to ensure that no Agent for a notional amount of not less than 50% of the aggregate principal amount of the Term Loans then outstanding is either (i) subject to such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at a fixed rate$25,000,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Truserv Corp)

Interest Rate Protection. No later than Within ninety (90) days following the Closing Date and at all times thereafter until the third anniversary of the Closing Date, Borrowers the Borrower shall obtain enter into, and cause to be maintained thereafter maintain, Rate Contracts providing protection against fluctuations in interest rates pursuant to with one or more Interest Rate Protection Agreements, in order financial institutions with respect to ensure that no less than 50at least 35% of the aggregate principal amount of the Term Loans Loan then outstanding is either outstanding, which agreements shall provide for not less than a three (i3) subject year term and containing such other terms as are customary and are reasonably satisfactory to such Interest Rate Protection Agreements or (ii) Indebtedness that bears interest at a fixed rateAgent.

Appears in 1 contract

Sources: Credit Agreement (Affymetrix Inc)