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.
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Performance Pricing. Notwithstanding anything to the contrary contained herein or in the Loan Agreement, the parties hereto acknowledge and confirm that the Funded Debt to Tangible Net Worth Ratio shall be deemed to be greater than 3:50:1 3.5:1 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.
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