Performance Pricing. Senior Leverage Ratio < 1.00 Prime plus 1.00% Senior Leverage Ratio > 1.00 but less than 2.00 Prime plus 1.25% Senior Leverage Ratio > 2.00 Prime plus 1.50% ”
Performance Pricing. The margin applicable to the Prime Rate (the “Prime Rate Margin”) and the margin applicable to the LIBOR Rate (the “LIBOR Rate Margin”) shall be adjusted quarterly and shall he applied on and after the first day of each such fiscal quarter as follows: for any fiscal quarter, as of the first day of each such fiscal quarter: (i) if the Borrower’s EBITDA minus Capital Expenditures for the immediately preceding fiscal quarter is less than Five Million Dollars ($5,000,000), then the Prime Rate Margin for such fiscal quarter shall be 1.50% and the LIBOR Rate Margin for such fiscal quarter shall be 3.75%, and (ii) if the Borrower’s EBITDA minus Capital Expenditures for the immediately preceding fiscal quarter is greater than or equal to Five Million Dollars ($5,000,000), then the Prime Rate Margin for such fiscal quarter shall be 1.00% and the LIBOR Rate Margin for such fiscal quarter shall be 3.25%. Performance Pricing in effect as of January 1, 2009 will be in accordance with clause (i) hereof.”
Performance Pricing. Each of the Prime Rate Margin and the LIBOR Rate Margin shall be adjusted quarterly and shall be applied on and after the first day of each such fiscal quarter as follows: for any fiscal quarter, as of the first day of each such fiscal quarter: (i) if the Total Funded Debt Ratio for the immediately preceding fiscal quarter is less than 1.50:1.00, then the Prime Rate Margin for such fiscal quarter shall be 1.00% and the LIBOR Rate Margin for such fiscal quarter shall be 3.25%, and (ii) if the Total Funded Debt Ratio for the immediately preceding fiscal quarter is equal to or greater than 1.50:1.00, then the Prime Rate Margin for such fiscal quarter shall be 1.50% and the LIBOR Rate Margin for such fiscal quarter shall be 3.75%; provided, however, that for the fiscal quarter beginning on April 1, 2009 and thereafter, for any fiscal quarter in which Borrower maintains Liquidity equal to or greater than $20,000,000 for the entire fiscal quarter, the above-listed Prime Rate Margins and LIBOR Margins shall each be reduced by 0.50%."
Performance Pricing. The Prime Rate Margin and the LIBOR Rate Margin shall be determined as follows: for any fiscal quarter, as of the first day of each such fiscal quarter: (i) if the Leverage Ratio for the immediately preceding four (4) fiscal quarters is less than 1.00:1.00, then the Prime Rate Margin for such fiscal quarter shall be -0.25% and the LIBOR Rate Margin for such fiscal quarter shall be 2.75%, and (ii) if the Leverage Ratio for the immediately preceding four (4) fiscal quarters is equal to or greater than 1.00:1.00, then the Prime Rate Margin for such fiscal quarter shall be 0.25% and the LIBOR Rate Margin for such fiscal quarter shall be 3.25%. The Prime Rate Margin and the LIBOR Rate Margin shall be adjusted quarterly and shall be applied on and after the first day of each such fiscal quarter.” and inserting in lieu thereof the following:
Performance Pricing. The Applicable Margin for LIBOR Loans and the Applicable Margin for Base Rate Loans, for any fiscal quarter, shall be the applicable rate per annum set forth in the table below opposite the Total Leverage Ratio determined as of the last day of the immediately preceding fiscal quarter. Pricing Level Total Leverage Ratio Applicable Margin for LIBOR Loans (bps) Applicable Margin for Base Rate Loans 1 Less than 1.00 to 1.00 125.0 25.0 2 Greater than or equal to 1.00 to 1.00 but less than 1.50 to 1.00 150.0 50.0 3 Greater than or equal to 1.50 175.0 75.0 Pricing Level 1 shall apply until delivery of the compliance certificate for the fiscal quarter during which the Funding Date occurs. CALCULATION OF INTEREST AND FEES: Other than calculations in respect of Base Rate Loans (which shall be made on the basis of actual number of days elapsed in a 365/366 day year), all calculations of interest and fees shall be made on the basis of actual number of days elapsed in a 360 day year. COST AND YIELD PROTECTION: Customary for transactions and facilities of this type, substantially in compliance with the Documentation Principles, including, without limitation, in respect of breakage or redeployment costs incurred in connection with prepayments, changes in capital adequacy and capital requirements or their interpretation, changes in circumstances or law (it being acknowledged that (x) the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and all requests, rules, guidelines or directives thereunder or issued in connection therewith and (y) all requests, rules, guidelines or directives promulgated by the Bank for International Settlements, the Basel Committee on Banking Supervision (or any successor or similar authority) or the United States or foreign regulatory authorities, in each case pursuant to Basel III, shall in each case be deemed to be a “change in law”, regardless of the date enacted, adopted or issued), illegality, unavailability, reserves without proration or offset and payments free and clear of withholding or other taxes.
Performance Pricing. Notwithstanding anything to the contrary contained herein or in the Loan Agreement, the Funded Debt to Tangible Net Worth Ratio shall be deemed to be greater than 3:50:1 for the purpose of determining the pricing for the LIBOR Base Rate Option, the Base Rate Option and the Commitment Fee until such time as Borrowers have complied with all of the reporting requirements and covenants described herein and in the Loan Agreement (including delivery of the Delayed Financial Statements), and so long as no Event of Default or Unmatured Event of Default has occurred and is continuing under the Loan Documents.
Performance Pricing. The Applicable Margin with respect to LIBOR loans, Base Rate loans and the commitment fee shall be the following percentages per annum, based upon the Consolidated Leverage Ratio as set forth in the most recent compliance certificate received by the Administrative Agent pursuant to the Definitive Documentation: Consolidated Leverage Ratio LIBOR Loans Base Rate Loans Commitment Fee < 1.00 to 1.0 1.50% 0.50% 0.20% > 1.00 to 1.0 but < 1.75 to 1.0 1.75% 0.75% 0.25% > 1.75 to 1.0 but < 2.50 to 1.0 2.00% 1.00% 0.30% > 2.50 to 1.0 2.25% 1.25% 0.35%
Performance Pricing. The interest rate will be adjusted based on the advance rate against inventory on Borrower's most recent Borrower's Certificate submitted to Lender. If Advance Rate is 50.00%, a rate of Prime plus 0.25% and/or LIBOR plus 3.00%; if Advance Rate is 45.00%, a rate of Prime even and/or LIBOR plus 2.75%; if Advance Rate of 40.00%, a rate of Prime even and/or LIBOR plus 2.50%; if Advance Rate of 35.00%, a rate of Prime even and/or LIBOR 2.00%. SHOE INN, INC. dba SHOE PAVILION Borrower Name (Corporation, Partnership or other Entity) /s/ XXXXXX XXXXXX ------------------------------- By: XXXXXX XXXXXX, PRESIDENT ------------------------------------------------------------------------------- For valuable consideration, Lender agrees to the terms of the arbitration provision set forth in this note.
Performance Pricing. Applies Liquidity Coverage Ratio > 2.75 to 1.0 Prime + 1.0% or LIBOR plus 3.50% Yes No Liquidity Coverage Ratio < 2.75 to 1.0 Prime + 1.50% or LIBOR plus 4.0% Yes No The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) SYNACOR, INC. BANK USE ONLY Received by: By: authorized signer Name: Date: Title: Verified: NTV INTERNET HOLDINGS, LLC authorized signer Date: By: Name: Compliance Status: Yes No Title: SYNC HOLDINGS, LLC By: Name: Title:
Performance Pricing. Provided no Default or Event of Default has occurred or is continuing hereunder and the Borrower is in compliance with the financial covenants set forth in Section 8.3, commencing October 1, 2003, interest on LIBOR Advances after such date shall accrue at a fixed rate per annum equal to 2.50% plus the LIBOR for the applicable Interest Period. All LIBOR Advances made prior to October 1, 2003 shall continue to accrue interest in accordance with the rate set at the time of such Loan. Performance pricing under this subsection 2.1.2 shall not be available after October 1, 2003 if the Borrower has failed to be in compliance as stated hereinabove by October 1, 2003.
