Common use of PERFORMANCE BENCHMARKS Clause in Contracts

PERFORMANCE BENCHMARKS. (1) LENDER agrees that BORROWER shall be entitled to the reduced rate of interest set forth in Section 2.6 above in the event that BORROWER achieves and maintains certain performance benchmarks relating to BORROWER's"Fixed Charge Coverage" (as defined in this Article V), such performance benchmarks being referred to, as applicable, as "Performance Benchmark #1" and "Performance Benchmark #2" and "Performance Benchmark #3" in this Agreement. (2) For purposes of determining BORROWER's "Fixed Charge Coverage", such "Fixed Charge Coverage" shall be determined in accordance with the definition set forth in the "Fixed Charge Coverage" covenant of this Article V.

Appears in 1 contract

Sources: Loan and Security Agreement (Five Star Products Inc)

PERFORMANCE BENCHMARKS. (1) LENDER agrees AGENT and LENDERS agree that BORROWER shall be entitled to the reduced rate of interest set forth in Section 2.6 above in the event that BORROWER achieves and maintains at certain levels certain performance benchmarks relating to BORROWER's"Fixed Charge Coverage" (as defined in this Article V), such performance benchmarks being referred to, as applicable, as "Performance Benchmark #1" and "Performance Benchmark #2" and "Performance Benchmark #3" in this Agreement. (2) For purposes of determining BORROWER's "Fixed Charge Coverage", such "Fixed Charge Coverage" shall be determined in accordance with the definition set forth in the "Fixed Charge Coverage" covenant of this Article V.

Appears in 1 contract

Sources: Loan and Security Agreement (Five Star Products Inc)