Pricing Levels Sample Clauses

Pricing Levels. For purposes of this Agreement, the following terms have the following meanings, subject to the concluding paragraph of this Section 1.08:
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Pricing Levels. For purposes of Sections 2.1(e) and 2.3(c), the applicable level of pricing (the "Pricing Level") shall be determined by Pricing Level Test A, provided, that in the event the Borrower receives a Long-Term Debt Rating, the Borrower may elect, which election shall be irrevocable so long as the Borrower has a Long-Term Debt Rating, by written notice to the Agent, to have the Pricing Level determined by Pricing Level Test B. Any change in the applicable Pricing Level resulting from the election of the Borrower to have Pricing Level Test B apply shall be effective as of the first day of the calendar month following the month in which the Agent receives written notice of such election from the Borrower. The Pricing Level Tests described in this clause (b) are as follows:
Pricing Levels. The Vendor agrees to sell Filtration Systems to the Purchaser, and the Purchaser agrees to purchase such Filtration Systems from the Vendor, at the confidential quantity and price levels set forth on Schedule I hereto and incorporated herein.
Pricing Levels. For purposes of this Agreement, the -------------- following terms have the following meanings, subject to the concluding paragraph of this Section 1.04: "LEVEL I STATUS" exists at any date if, at such date, the Borrower's senior unsecured long-term debt is rated A- and A3 or higher. "LEVEL II STATUS" exists at any date if, at such date, the Borrower's senior unsecured long-term debt is rated BBB+ and Baa1. "LEVEL III STATUS" exists at any date if, at such date, the Borrower's senior unsecured long-term debt is rated BBB and Baa2. "LEVEL IV STATUS" exists at any date if, at such date, the Borrower's senior unsecured long-term debt is rated BBB- and Baa3. "LEVEL V STATUS" exists at any date if, at such date, the Borrower's senior unsecured long-term debt is rated BBB- or Baa3. "LEVEL VI STATUS" exists at any date if, at such date, no other Status exists. The credit ratings to be utilized for purposes of the Euro-Dollar Margin, the Utilization Fee Rate and the Facility Fee Rate are those assigned by S&P or Xxxxx'x to the senior unsecured long-term debt securities of the Borrower without third-party credit enhancement, and any rating assigned to any other debt security of the Borrower shall be disregarded. The rating in effect at any date is that in effect at the close of business on such date. In the case of split ratings with respect to pricing from S&P and Xxxxx'x, the rating to be used to determine Status is the higher of the two (e.g. BBB+and Baa2 results in Level II Status); provided that in the event the split is more than one full category, the average (or the higher of two intermediate ratings) shall be used (e.g., BBB+ and Baa3 results in Level III Status, as does BBB+ and Ba1).
Pricing Levels. The definitions of "Level I Pricing", "Level II Pricing", "Level III Pricing", "Level IV Pricing" and "Level V Pricing" in Section 1.01 of the Credit Agreement are amended to read as follows:
Pricing Levels. For the purposes of Sections 2.06(a) and -------------- 2.05(a), the applicable level of pricing (the "Pricing Level") shall be determined as follows: Pricing Level Performance Ratio ------------- ----------------- Level I Less than 2.25x Level II 2.25x - 2.49x Level III 2.50x - 2.99x Level IV 3.00x - 3.49x Level V 3.50x - 3.99x Level VI Greater than or equal to 4.00x provided, that through the first day of the calendar month following the first determination of the Performance Ratio, the Applicable Margin shall equal (i) 175 basis points in respect of Euro-Rate based and As-Offered Rate based Loans which are Term Loan A Facility Term Loans and Revolving Credit Loans (including Swingline Loans), (ii) 225 basis points in respect of Euro-Rate based Loans which are Term Loan B Facility Term Loans and (iii) 75 basis points in respect of Base Rate based Loans. Together with each delivery of financial statements pursuant to Section 6.01(a) or 6.01(b), the Borrower shall deliver a certificate, duly completed and signed by the Treasurer, Controller or Chief Financial Officer of Borrower, setting forth the calculation of the Performance Ratio, as supported by the accompanying financial statements, stating the Pricing Level applicable to such Performance Ratio and calculating the U.S. Dollar Equivalent of the Revolving Credit Exposure. Except as expressly set forth herein, any change in the applicable Pricing Level shall be effective as of the first day of the calendar month following the month in which the applicable financial statements and certificate are received by the Administrative Agent.
Pricing Levels. The definitions of "Level", "Level I", "Level II", -------------- "Level III", "Level IV", and "Level V" are respectively deleted and replaced
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Pricing Levels. For purposes of this Agreement, the following terms have the following meanings, subject to the concluding paragraph of this Section 1.4:

Related to Pricing Levels

  • Staffing Levels To the extent legislative appropriations and PIN authorizations allow, safe staffing levels will be maintained in all institutions where employees have patient, client, inmate or student care responsibilities. In July of each year, the Secretary or Deputy Secretary of each agency will, upon request, meet with the Union, to hear the employees’ views regarding staffing levels. In August of each year, the Secretary or Deputy Secretary of Budget and Management will, upon request, meet with the Union to hear the employees’ views regarding the Governor’s budget request.

  • Applicable Margins The ABR Applicable Margin and the LIBOR Applicable Margin to be used in calculating the interest rate applicable to different Types of Advances shall vary from time to time in accordance with the long-term unsecured debt ratings from Xxxxx’x, and Fitch of the General Partner and the Borrower. In the event the General Partner and the Borrower have different ratings, the rating of the higher rated entity shall be used. In the event the rating agencies are split on the rating for the higher rated entity, the lower rating for such entity shall be deemed to be the applicable rating (e.g., if the higher rated entity’s Xxxxx’x debt rating is Baa1, and its Fitch’s rating is BBB, then the Applicable Margins shall be computed based on the Fitch rating), and the Applicable Margins shall be adjusted effective on the next Business Day following any change in the higher rated entity’s Xxxxx’x debt rating, and/or Fitch’s debt rating, as the case may be. The applicable debt ratings and the Applicable Margins are set forth in the table attached as Exhibit A. In the event that Fitch or Xxxxx’x shall discontinue their ratings of the REIT industry, the General Partner or the Borrower, a mutually agreeable substitute rating agency (or two mutually agreeable substitute agencies if both existing rating agencies discontinue such ratings) shall be selected by the Required Lenders and the Borrower. If the Required Lenders and the Borrower cannot agree on a substitute rating agency or substitute rating agencies within thirty (30) days after such discontinuance, or if Fitch and Xxxxx’x shall discontinue their ratings of the REIT industry, the Borrower, or the General Partner, the Applicable Margin to be used for the calculation of interest on Advances hereunder shall be the highest Applicable Margin for each Type. If a rating agency downgrade or discontinuance results in an increase in the ABR Applicable Margin, the LIBOR Applicable Margin, or Facility Fee Rate and if such downgrade or discontinuance is reversed and the affected Applicable Margin is restored within ninety (90) days thereafter, at the Borrower’s request, the Borrower shall receive a credit against interest next due the Lenders equal to interest accrued from time to time during such period of downgrade or discontinuance and actually paid by the Borrower on the Advances at the differential between such Applicable Margins, and the differential of the Facility Fee paid during such period of downgrade. If a rating agency upgrade results in a decrease in the ABR Applicable Margin, LIBOR Applicable Margin or Facility Fee Rate and if such upgrade is reversed and the affected Applicable Margin is restored within ninety (90) days thereafter, Borrower shall be required to pay an amount to the Lenders equal to the interest differential on the Advances and the differential on the Facility Fees during such period of upgrade.

  • Debt Rating The Liquidity Provider has a short-term debt ratings of “P-1” from Xxxxx’x and “F1+” from Fitch.

  • Level I If the grievance is not resolved through informal discussions, the School District designee shall give a written decision on the grievance to the parties involved within ten (10) days after receipt of the written grievance.

  • Level IV a. If the grievant is not satisfied with the disposition of his/her grievance at Level III, he/she may file the grievance within five (5) days of the Level III response for transmittal to the Board.

  • Level III In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such an appeal is made in writing within ten (10) days after receipt of the decision in Level II. If a grievance is properly appealed to the School Board, the School District shall hear the grievance within twenty (20) days after the receipt of the appeal. Within twenty (20) days after the meeting the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School District may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School District. The School District shall then render its decision.

  • Applicable Margin On any date the Applicable Margin for LIBOR Rate Loans and Base Rate Loans shall be as set forth below based on the ratio of the Consolidated Total Indebtedness of REIT and its respective Subsidiaries to the Gross Asset Value of REIT and its respective Subsidiaries: Pricing Level Ratio LIBOR Rate Loans Base Rate Loans Pricing Level 1 Less than or equal to 35% 2.50 % 1.25 % Pricing Level 2 Greater than 35% but less than or equal to 40% 2.75 % 1.50 % Pricing Level 3 Greater than 40% but less than or equal to 45% 3.00 % 1.75 % Pricing Level 4 Greater than 45% but less than or equal to 55% 3.25 % 2.00 % Pricing Level Ratio LIBOR Rate Loans Base Rate Loans Pricing Level 5 Greater than 55% 3.50 % 2.25 % The initial Applicable Margin shall be at Pricing Level 4. The Applicable Margin shall not be adjusted based upon such ratio, if at all, until the first (1st) day of the first (1st) month following the delivery by Borrower to the Agent of the Compliance Certificate after the end of a calendar quarter. In the event that Borrower shall fail to deliver to the Agent a quarterly Compliance Certificate on or before the date required by §7.4(c), then without limiting any other rights of the Agent and the Lenders under this Agreement, the Applicable Margin for Loans shall be at Pricing Level 5 until such failure is cured within any applicable cure period, or waived in writing by the Required Lenders, in which event the Applicable Margin shall adjust, if necessary, on the first (1st) day of the first (1st) month following receipt of such Compliance Certificate. In the event that the Agent and the Borrower determine that any financial statements previously delivered were incorrect or inaccurate (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, would have led to the application of a higher Applicable Margin for any period (an “Applicable Period”) than the Applicable Margin applied for such Applicable Period, then (i) the Borrower shall as soon as practicable deliver to the Agent the corrected financial statements for such Applicable Period, (ii) the Applicable Margin shall be determined as if the Pricing Level for such higher Applicable Margin were applicable for such Applicable Period, and (iii) the Borrower shall within three (3) Business Days of demand thereof by the Agent pay to the Agent the accrued additional amount owing as a result of such increased Applicable Margin for such Applicable Period, which payment shall be promptly applied by the Agent in accordance with this Agreement.

  • Level II In the event the grievance is not resolved in Level I, the decision rendered may be appealed by the Union to the Superintendent of schools, provided such appeal is made in writing within (20) twenty days in person after receipt of the decision in Level I. If a grievance is properly appealed by the Union to the Superintendent, the Superintendent or designee shall set a time to meet regarding the grievance within fifteen days after receipt of the appeal. Within (20) twenty days after the meeting, the Superintendent or designee shall issue a decision in writing to the Union.

  • Measuring EPP parameters Every 5 minutes, EPP probes will select one “IP address” of the EPP servers of the TLD being monitored and make an “EPP test”; every time they should alternate between the 3 different types of commands and between the commands inside each category. If an “EPP test” result is undefined/unanswered, the EPP service will be considered as unavailable from that probe until it is time to make a new test.

  • 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.

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