Leverage Based Sample Clauses

Leverage Based. Prior to Xxxxx’x, S&P or Fitch establishing a rating for the Index Debt, the applicable rate per annum set forth below under the caption “Eurodollar Spread”, “ABR Spread” or “Facility Fee Rate”, as the case may be, based upon the Leverage Ratio as set forth in the most recent compliance certificate received by the Administrative Agent pursuant to Section 5.01(d): Revolver Term Loan Facility Eurodollar ABR Eurodollar ABR Leverage Ratio Fee Rate Spread Spread Spread Spread ≤ 3.50 to 1.00 0.250 % 1.750 % 0.750 % 2.000 % 1.000 % > 3.50 to 1.00 but ≤ 4.25 to 1.00 0.350 % 1.900 % 0.900 % 2.250 % 1.250 % > 4.25 to 1.00 but ≤ 5.00 to 1.00 0.450 % 1.925 % 0.925 % 2.375 % 1.375 % > 5.00 to 1.00 0.550 % 2.200 % 1.200 % 2.750 % 1.750 % Any increase or decrease in the Applicable Rate resulting from a change in the Leverage Ratio shall become effective as of the first Business Day immediately following the date a compliance certificate is delivered pursuant to Section 5.01(d); provided, however, that if a compliance certificate is not delivered when due in accordance with such Section, a Leverage Ratio > 5.00 to 1.00 shall apply as of the first Business Day after the date on which such compliance certificate was required to have been delivered.
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Leverage Based. Prior to Mxxxx’x, S&P or Fitch establishing a rating for the Index Debt, the applicable rate per annum set forth below under the caption “Eurodollar Spread” or “Facility Fee Rate”, as the case may be, based upon the Leverage Ratio as set forth in the most recent compliance certificate received by the Administrative Agent pursuant to Section 5.01(d): Leverage Ratio Facility Fee Rate Eurodollar Spread £ 2.75 to 1.00 0.125 % 0.575 % > 2.75 to 1.00 but £ 3.25 to 1.00 0.150 % 0.650 % > 3.25 to 1.00 but £ 3.75 to 1.00 0.175 % 0.725 % > 3.75 to 1.00 but £ 4.25 to 1.00 0.200 % 0.850 % > 4.25 to 1.00 0.250 % 0.950 % Any increase or decrease in the Applicable Rate resulting from a change in the Leverage Ratio shall become effective as of the first Business Day immediately following the date a compliance certificate is delivered pursuant to Section 5.01(d); provided, however, that if a compliance certificate is not delivered when due in accordance with such Section, a Leverage Ratio > 4.25 to 1.00 shall apply as of the first Business Day after the date on which such compliance certificate was required to have been delivered. The Applicable Rate in effect from the Effective Date through the first date following June 30, 2007 on which a compliance certificate is delivered or to be delivered pursuant to Section 5.01(d) shall be determined based upon a Leverage Ratio > 3.75 to 1.00 but < 4.25 to 1.00, unless clause (b) below shall apply.
Leverage Based. Prior to Xxxxx’x, S&P or Fitch establishing a rating for the Index Debt, the applicable rate per annum set forth below under the caption “Eurodollar Spread” based upon the Leverage Ratio as set forth in the most recent compliance certificate received by the Administrative Agent pursuant to Section 5.01(d): Leverage Ratio Eurodollar Spread < 2.75 to 1.00 0.700% > 2.75 to 1.00 but < 3.25 to 1.00 0.800% > 3.25 to 1.00 but < 3.75 to 1.00 0.900% > 3.75 to 1.00 but < 4.25 to 1.00 1.050% > 4.25 to 1.00 1.200% Any increase or decrease in the Applicable Rate resulting from a change in the Leverage Ratio shall become effective as of the first Business Day immediately following the date a compliance certificate is delivered pursuant to Section 5.01(d); provided, however, that if a compliance certificate is not delivered when due in accordance with such Section, a Leverage Ratio > 4.25 to 1.00 shall apply as of the first Business Day after the date on which such compliance certificate was required to have been delivered.

Related to Leverage Based

  • Performance-Based Vesting At the end of each Measurement Year, on the Measurement Date, the percentage of Shares set forth above shall be eligible to vest (the "Eligible Shares"). On each Measurement Date, 50% of the Eligible Shares shall become Vested Shares if at least 90% of the Target EBITDA amount was met for the prior Measurement Year. If more than 90% of the Target EBITDA amount was met for the prior Measurement Year, then the Eligible Shares shall become Vested Shares on a straight line basis such that an additional 5% of Eligible Shares shall become Vested Shares for each 1% that actual Consolidated Adjusted EBITDA exceeds 90% of the Target EBITDA amount.

  • Leverage The Fund has no liability for borrowed money or under any reverse repurchase agreement.

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

  • Consolidated Total Net Leverage Ratio Permit the Consolidated Total Net Leverage Ratio on the last day of any fiscal quarter occurring during any period set forth below, to be greater than the ratio set forth below opposite such period: Period Maximum Consolidated Total Net Leverage Ratio Closing Date through and including September 30, 2014 7.25:1.00 December 31, 2014 through and including September 30, 2015 6.75:1.00 December 31, 2015 and thereafter 6.50:1.00

  • Cash Flow Leverage Ratio The Borrower will not permit the Cash Flow Leverage Ratio on the last day of any fiscal quarter to exceed 3.50 to 1.00.

  • Performance Measure The number of Performance Shares earned at the end of the three-year Performance Period will vary depending on the degree to which cumulative adjusted earnings per share performance goals for the Performance Period, as established by the Committee, are met.

  • Net Leverage Ratio Subject to the proviso set forth in Section 10.3, the Company will not permit the Consolidated Net Leverage Ratio at any time during any period of four consecutive fiscal quarters of the Company to be greater than (a) 3.50 to 1.00 or (b) during an Acquisition Holiday Period, 4.00 to 1.00.

  • Adjusted EBITDA The 2019 adjusted EBITDA for the Affiliated Club Sellers shall total an aggregate of not less than $10,700,000.

  • Performance Based Bonus As additional compensation, the Executive shall be entitled to receive a performance based bonus, based on meeting revenue and cash flow objectives. The Executive shall be granted options ("Performance Options") to purchase an aggregate of 220,000 shares of Common Stock, subject to anti-dilution provisions relating to adjustments in the event that the Company, among other things, declares stock dividends, effects forward or reverse stock splits, at an exercise price of the fair market value of the date of the grant, and shall be exercisable for a period of four (4) years from the date of vesting unless sooner terminated, as described herein. The date of grant shall be the Effective Date of this Agreement. Up to one-half of these shares will be eligible for vesting on a quarterly basis and the rest annually, with the total grant allocated over a two-year period, starting with the quarter ended December 31, 2007. Vesting of the quarterly portion is subject to achievement of increased revenues over the prior quarter as well as positive and increased net cash flow per share (defined as cash provided by operating activities per the Company’s statement of cash flow, measured before changes in working capital components and not including investing or financing activities) for that quarter. Vesting of the annual portion is subject to meeting the above cash flow requirements on a year-over-year basis, plus a revenue growth rate of at least 30% for the fiscal year over the prior year, starting with the fiscal year ended September 30, 2008. In the event of quarter to quarter decreases in revenues and or cash flow, the Performance Options shall not vest for that quarter but the unvested quarterly Performance Options shall be added to the available Performance Options for the year, vested subject to achievement of the applicable annual goal. In the event this Agreement is not renewed or the Executive is terminated other than for Cause, the Executive shall be entitled to register the stock underlying the vested portion of the Performance Options provided hereunder on the terms and conditions set forth in a registration rights agreement to be mutually agreed upon by and between Executive and the Company. The Company shall file such Registration Statement as promptly as practicable and at its sole expense. The Company will use its reasonable best efforts through its officers, directors, auditors and counsel in all matters necessary or advisable to file and cause to become effective such Registration Statement as promptly as practicable. Company and Executive agree that this bonus program will continue after the initial two-year period, through the end of the Term, with the specific bonus parameters to be negotiated in good faith between the parties at least ninety (90) days before the expiration of the program then in place.

  • Total Net Leverage Ratio The Borrower will not permit the Total Net Leverage Ratio as of the end of any Fiscal Quarter to exceed 3.50 to 1.00.

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