Common use of Quarterly Adjustments Clause in Contracts

Quarterly Adjustments. For purposes of --------------------- determining the Applicable Spread and the Applicable Unused Commitment Fee, the Ratio of Total Funded Debt to EBITDA shall be redetermined and adjusted as necessary on the basis of the Financial Statements of the Company for the most recent preceding four fiscal quarters of the Company provided to the Bank pursuant to the requirements of subsection 5.01(b) of this Agreement (a "Quarterly Adjustment"), with prospective -------------------- effect until the next adjustment date. Quarterly Adjustments shall be made on the first interest payment date which follows receipt by the Bank of the Financial Statements for the last month of the first fiscal quarter of the Company ending after the closing Date, and thereafter on the first interest payment date which follows receipt by the Bank of the Financial Statements upon which such adjustment is based (a "Quarterly --------- Adjustment Date"), but no Quarterly Adjustment shall be effective as to --------------- any LIBOR-based Rate elected prior to the Quarterly Adjustment Date until the expiration of the period of time for which such LIBOR-based Rate shall have been elected by the Company.

Quarterly Adjustments. For purposes of --------------------- determining the Applicable Spread and the Applicable Unused Commitment Fee, the Ratio of Total Funded Debt to EBITDA shall be redetermined and adjusted as necessary on the basis of the consolidated Financial Statements of the Company Credit Parties and their respective Subsidiaries for the most recent preceding four fiscal quarters of the Company provided to the Bank pursuant to the requirements of subsection 5.01(b) of this Agreement (a "Quarterly AdjustmentQUARTERLY ADJUSTMENT"), with prospective -------------------- effect until the next adjustment date. Quarterly Adjustments shall be made on the first interest payment date which follows receipt by the Bank of the consolidated Financial Statements for the last month of the first fiscal quarter of the Company ending after the closing Closing Date, and thereafter on the first interest payment date which follows receipt by the Bank of the consolidated Financial Statements upon which such adjustment is based (a "Quarterly --------- Adjustment DateQUARTERLY ADJUSTMENT DATE"), but no Quarterly Adjustment shall be effective as to --------------- any LIBOR-based Rate elected prior to the Quarterly Adjustment Date until the expiration of the period of time for which such LIBOR-based Rate shall have been elected by the Company.

Quarterly Adjustments. For purposes of --------------------- determining the Applicable Spread and Spread, the Applicable Unused Commitment Fee, and the Applicable LOC Fee Percentage the Ratio of Total Funded Debt to EBITDA shall be redetermined and adjusted as necessary on the basis of the consolidated Financial Statements of the Company Credit Parties and their respective Subsidiaries for the most recent preceding four fiscal quarters of the Company provided to the Bank pursuant to the requirements of subsection 5.01(b) of this Agreement (a "Quarterly Adjustment"), with prospective -------------------- effect until the next adjustment date. Quarterly Adjustments shall be made on the first interest payment date which follows receipt by the Bank Banks of the consolidated Financial Statements for the last month of the first fiscal quarter of the Company ending after the closing Closing Date, and thereafter on the first interest payment date which follows receipt by the Bank Banks of the consolidated Financial Statements upon which such adjustment is based (a "Quarterly --------- Adjustment Date"), but no Quarterly Adjustment shall be effective as to --------------- any LIBOR-based Rate elected prior to the Quarterly Adjustment Date until the expiration of the period of time for which such LIBOR-based Rate shall have been elected by the Company.

Quarterly Adjustments. For purposes of --------------------- determining the Applicable Spread and Spread, the Applicable Unused Commitment Fee, and the Applicable LOC Fee Percentage, the Ratio of Total Funded Debt to EBITDA shall be redetermined and adjusted as necessary on the basis of the consolidated Financial Statements of the Company Credit Parties and their respective Subsidiaries for the most recent preceding four fiscal quarters of the Company provided to the Bank Lender pursuant to the requirements of subsection 5.01(b) of this Agreement (a "Quarterly Adjustment"), with prospective -------------------- effect until the next adjustment date. Quarterly Adjustments shall be made on the first interest payment date which follows receipt by the Bank Lenders of the consolidated Financial Statements for the last month of the first fiscal quarter of the Company ending after the closing Closing Date, and thereafter on the first interest payment date which follows receipt by the Bank Lenders of the consolidated Financial Statements upon which such adjustment is based (a "Quarterly --------- Adjustment Date"), but no Quarterly Adjustment shall be effective as to --------------- any LIBOR-based Rate elected prior to the Quarterly Adjustment Date until the expiration of the period of time for which such LIBOR-based Rate shall have been elected by the Company.