Common use of Unfunded Pension Liability Clause in Contracts

Unfunded Pension Liability. the excess of a Pension Plan’s benefit liabilities under Section 4001(a)(16) of ERISA, over the current value of that Pension Plan’s assets, determined in accordance with the assumptions used for funding the Pension Plan pursuant to the Code, ERISA or the Pension Protection Act of 2006 for the applicable plan year. Unused Line Fee Rate: a per annum rate equal to (a) 0.50%, if the average daily balance of Loans and stated amount of Letters of Credit was less than 33 1/3% of the Commitments during the preceding Fiscal Quarter, (b) 0.375%, if such average daily balance was less than 66 2/3% but greater than or equal to 33 1/3% of the Commitments during the preceding Fiscal Quarter, or (c) 0.25%, if such average daily balance was greater than or equal to 66 2/3% of the Commitments during the preceding Fiscal Quarter.

Appears in 1 contract

Samples: Loan and Security Agreement (Ameriquest, Inc.)

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Unfunded Pension Liability. the excess of a Pension Plan’s benefit liabilities under Section 4001(a)(16) of ERISA, over the current value of that Pension Plan’s assets, determined in accordance with the assumptions used for funding the Pension Plan pursuant to Section 412 of the Code, ERISA or the Pension Protection Act of 2006 Code for the applicable plan year. Unused Line Fee RatePercentage: a per annum rate percentage equal to (ai) 0.50%, 0.75% per annum if the average daily balance of Revolver Loans and stated amount of Letters of Credit was during the immediately preceeding quarter is less than 33 1/350% of the Commitments during the preceding Fiscal QuarterRevolver Commitments, and (b) 0.375%, 0.50% per annum if such the average daily balance was less than 66 2/3% but of Revolver Loans and stated amount of Letters of Credit during the immediately preceeding quarter is equal to or greater than or equal to 33 1/350% of the Commitments during the preceding Fiscal Quarter, or (c) 0.25%, if such average daily balance was greater than or equal to 66 2/3% of the Commitments during the preceding Fiscal QuarterRevolver Commitments.

Appears in 1 contract

Samples: Loan and Security Agreement (Conns Inc)

Unfunded Pension Liability. the excess of a Pension Plan’s benefit liabilities under Section 4001(a)(16) of ERISA, over the current value of that Pension Plan’s assets, determined in accordance with the assumptions used for funding the Pension Plan pursuant to the Code, ERISA or the Pension Protection Act of 2006 for the applicable plan year. Unused Line Fee Rate: a per annum rate equal to (a) 0.500.25%, if the average daily balance of Loans and stated amount of Letters of Credit was less than 33 1/3monthly applicable Revolver Usage equals or exceeds 50% of the applicable Revolver Commitments during the preceding Fiscal Quartercalendar month, and (b) 0.375%, if such applicable average daily balance was monthly Revolver Usage is less than 66 2/3% but greater than or equal to 33 1/350% of the applicable Revolver Commitments during the preceding Fiscal Quarter, or (c) 0.25%, if such average daily balance was greater than or equal to 66 2/3% of the Commitments during the preceding Fiscal Quartermonth.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Turtle Beach Corp)

Unfunded Pension Liability. the excess of a Pension Plan’s benefit liabilities under Section 4001(a)(16) of ERISA, over the current value of that Pension Plan’s assets, determined in accordance with the assumptions used for funding the Pension Plan pursuant to Section 412 of the Code, ERISA or the Pension Protection Act of 2006 Code for the applicable plan year. Unused Line Fee Rate: a per annum rate equal to (a) 0.50%, if the average daily balance of Revolver Loans and stated amount of Letters of Credit was 50% or less than 33 1/3% of the Revolver Commitments during the preceding Fiscal Quartercalendar month, or (b) 0.375%, if such average daily balance was less more than 66 2/3% but greater than or equal to 33 1/350% of the Revolver Commitments during the preceding Fiscal Quarter, or (c) 0.25%, if such average daily balance was greater than or equal to 66 2/3% of the Commitments during the preceding Fiscal Quartercalendar month.

Appears in 1 contract

Samples: Loan and Security Agreement (Ak Steel Holding Corp)

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Unfunded Pension Liability. the excess of a Pension Plan’s benefit liabilities under Section 4001(a)(16) of ERISA, over the current value of that Pension Plan’s assets, determined in accordance with the assumptions used for funding the Pension Plan pursuant to Section 412 of the Code, ERISA or the Pension Protection Act of 2006 Code for the applicable plan year. United States: the United States of America. Unused Line Fee Rate: a per annum rate equal to (a) 0.500.375%, if the average daily balance of Revolver Loans and stated amount of Letters of Credit was less than 33 1/3% fifty percent (50%) of the Commitments Commitment during the preceding Fiscal Quartercalendar month, or (b) 0.375%, 0.25% if such average daily balance was less than 66 2/3% but greater than or equal to 33 1/3% at least fifty percent (50%) of the Commitments Commitment during the preceding Fiscal Quarter, or (c) 0.25%, if such average daily balance was greater than or equal to 66 2/3% of the Commitments during the preceding Fiscal Quartercalendar month.

Appears in 1 contract

Samples: Loan Agreement (Par Pacific Holdings, Inc.)

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