APPLICABLE ANNUAL definition

APPLICABLE ANNUAL. RATE - as defined in SECTION 3.1(A) of this Agreement. ASSET PURCHASE AGREEMENT - as defined in the preamble of this Agreement. AVERAGE DAILY LOAN BALANCE - for any relevant period of time, the amount obtained by adding the unpaid balance of the Loans owing by Borrower to Lenders at the end of each day for each day during the time period in question and by dividing such sum by the number of days in such time period. AVERAGE MONTHLY LOAN BALANCE - the amount obtained by adding the unpaid balance of Loans owing by Borrower to Lenders at the end of each day for each day during the month in question and by dividing such sum by the number of days in such month. AVERAGE MONTHLY REVOLVING CREDIT LOANS USAGE - as defined in SECTION 3.1(F) of this Agreement. BANK - Fleet National Bank and its successors and assigns. BASE RATE - the rate of interest announced or quoted by Bank from time to time as its prime rate for commercial loans, whether or not such rate is the lowest rate charged by Bank to its most preferred borrowers; and, if the prime rate for commercial loans is discontinued by Bank as a standard, a comparable reference rate designated by Bank as a substitute therefor shall be the Base Rate. BASE RATE LOANS - all Base Rate Revolving Credit Loans. BASE RATE REVOLVING CREDIT LOANS - all Revolving Credit Loans other than Eurodollar Revolving Credit Loans. BORROWER SUBORDINATED DEBT - Indebtedness of Borrower that is expressly subordinated to the Obligations upon terms satisfactory to Lenders, including, without limitation, the Contingent Amount and such other Indebtedness, if any, of Borrower described on EXHIBIT O attached hereto. BORROWING - the combined Advances made to Borrower on a single date. BORROWING BASE - as at any date of determination thereof, an amount equal to the lesser of:
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APPLICABLE ANNUAL. RATE - as defined in SECTION 3.1(A) of this Agreement.
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APPLICABLE ANNUAL. RATE - as defined in SECTION 3.1(A) of this Agreement. AVAILABILITY RESERVE - on any date of determination thereof, an amount equal to the sum of the following (without duplication): (i) any amount that a Borrower is obligated to pay pursuant to the provisions of any of the DIP Financing Documents that Agent or any Lender elects to pay for the account of Borrower in accordance with authority contained in any of the DIP Financing Documents; and (ii) reserves established by Agent and/or Lenders from time to time pursuant to SECTION 2.1(A) hereof. AVERAGE DAILY LOAN BALANCE - for any relevant period of time, the amount obtained by adding the unpaid balance of the Loans owing by Borrowers to Lenders at the end of each day for each day during the time period in question (as reflected in the records of Agent) and by dividing such sum by the number of days in such time period. AVERAGE EXCESS AVAILABILITY - an amount equal to (a) the sum, determined at the end of each day during the period of time in question, of (i) the Borrowing Base MINUS (ii) the unpaid balance of Loans owing by Borrowers to Lenders (as reflected in the records of Agent) at the end of each day during such period, divided by (b) the number of days in such period of time. AVERAGE MONTHLY LOAN BALANCE - the amount obtained by adding the unpaid balance of Loans owing by Borrowers to Lenders at the end of each day for each day during the month in question (as reflected in the records of Agent) and by dividing such sum by the number of days in such month. AVERAGE MONTHLY REVOLVING CREDIT LOANS USAGE - as defined in SECTION 3.1(I) of this Agreement. AVOIDANCE CLAIM - any claim that could be asserted by or on behalf of a Borrower or the Estate in such Borrower's Chapter 11 Case against a Person under 11 U.S.C. ss.ss. 544, 546, 547, 548, 549, 550 or 553. BANK - Fleet Natioxxx Xank and its successors and assigns. BANKRUPTCY CODE - as defined in the preamble hereto. BASE RATE - the rate of interest announced or quoted by Bank from time to time as its prime rate for commercial loans, whether or not such rate is the lowest rate charged by Bank to its most preferred borrowers; and, if the prime rate for commercial loans is discontinued by Bank as a standard, a comparable reference rate designated by Bank as a substitute therefor shall be the Base Rate. BORROWER SUBORDINATED DEBT - Indebtedness of a Borrower that is expressly subordinated to the Obligations upon terms satisfactory to Lenders. BORROWING - the...
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Examples of APPLICABLE ANNUAL in a sentence

  • As used herein, the "APPLICABLE ANNUAL RESERVE" means: Lease Years Applicable Annual Reserve ----------- ------------------------- One through Four $ 360.00 Five through Seven $ 460.00 Eight through Ten $ 500.00 Each Lease Year thereafter $ 500.00th) Lease Year.

  • Xxxxxxx Title: President WELLINGTON MANAGEMENT COMPANY, LLP By: Name: Title: SCHEDULE A (Funds) JNL Money Market Fund SCHEDULE B (Compensation) JNL MONEY MARKET FUND AVERAGE DAILY NET ASSETS ANNUAL RATE $0 to $750 Million: .05%* Over $750 Million: .04%* * THE ASSETS OF THE JNL/SELECT MONEY MARKET FUND OF JNL SERIES TRUST AND THE ASSETS OF THE JNL MONEY MARKET FUND OF JNL INVESTORS SERIES TRUST WILL BE COMBINED FOR PURPOSES OF DETERMINING THE APPLICABLE ANNUAL RATE.

  • Outstanding principal on the Loans shall bear interest, calculated daily (computed on the actual days elapsed over a year of 360 days), at a fluctuating rate per annum equal to one and one-half percent (1.50%) above the Base Rate (the "APPLICABLE ANNUAL RATE").

  • EXCEPT FOR ITS OBLIGATIONS PURSUANT TO SECTION 6.0, "INDEMNIFICATION," IN NO CASE SHALL WESGAIN'S LIABILITY UNDER THIS AGREEMENT EXCEED THE LICENSE FEE PAID FOR THE APPLICABLE DELIVERABLE OR AUTHORIZED COPIES THEREOF, OR, IN THE EVENT WEBGAIN'S LIABILITY PERTAINS TO SUPPORT SERVICES, THEN IN NO CASE SHALL SUCH LIABILITY EXCEED THE SUPPORT SERVICE FEE FOR THE APPLICABLE ANNUAL TERM.

  • Outstanding principal on the Loans shall bear interest at the option of Borrower (subject to the terms and conditions herein) at a rate based on either the Base Rate or Eurodollar Base Rate, calculated daily, at the following rates per annum (individually called, as applicable, an "APPLICABLE ANNUAL RATE").

Related to APPLICABLE ANNUAL

  • Semi-Annual Period means each of: the period beginning on and including January 1 and ending on and including June 30; and the period beginning on and including July 1 and ending on and including December 31.

  • Average Annual Bonus means the average of the annual bonuses (if any) from the Company earned by the Executive with respect to the Bonus Fiscal Years during all or any portion of which the Executive was employed by the Company; and, provided, further, that, if the Executive was not employed by the Company during all or any portion of any of the Bonus Fiscal Years, “Average Annual Bonus” means zero.

  • Base Annual Salary means the annual cash compensation relating to services performed during any calendar year, whether or not paid in such calendar year or included on the Federal Income Tax Form W-2 for such calendar year, excluding bonuses, commissions, overtime, fringe benefits, stock options, relocation expenses, incentive payments, non-monetary awards, directors fees and other fees, automobile and other allowances paid to a Participant for employment services rendered (whether or not such allowances are included in the Employee’s gross income). Base Annual Salary shall be calculated before reduction for compensation voluntarily deferred or contributed by the Participant pursuant to all qualified or non-qualified plans of any Employer and shall be calculated to include amounts not otherwise included in the Participant’s gross income under Code Sections 125, 132(f), 402(e)(3), 402(h), or 403(b) pursuant to plans established by any Employer; provided, however, that all such amounts will be included in compensation only to the extent that, had there been no such plan, the amount would have been payable in cash to the Employee.

  • Average Annual Debt Service means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years.

  • Average Annual Compensation shall be an amount equal to the annual average of the sums of (x) the Executive’s annual Base Salary from the Company plus (y) the amount of Incentive Awards accrued by TNS for the Executive, in each case for the three calendar years that ended immediately before (or, if applicable, coincident with) the Change in Control Date;

  • Pro-rata Annual Bonus means the amount of Annual Bonus, multiplied by a fraction, the numerator of which is the number of days in such year during which the Executive was actually employed by the Company (or its predecessor) and the denominator of which is 365.

  • Maximum Annual Debt Service means the largest Annual Debt Service for any Bond Year after the calculation is made through the final maturity date of any Outstanding Bonds.

  • Projected Annual Benefit means the annual retirement benefit (adjusted to an actuarial equivalent straight life annuity if such benefit is expressed in a form other than a straight life annuity or Qualified Joint and Survivor Annuity) to which the Participant would be entitled under the terms of the Plan assuming:

  • Semi-Annual Distribution Date means the "Distribution Dates" set forth under "Summary of Essential Financial Information--Estimated Distributions--Semi-Annual Distributions" in the Prospectus Part I for a Trust.

  • Current Annual Compensation means the greater of:

  • Applicable Anniversary of the Commencement Date means the fifth (5th) anniversary of the Commencement Date.

  • Maximum Annual Debt Service Requirement means, at any given time of determination, the greatest amount of principal, interest and Amortization Installments coming due in any current or future Bond Year with regard to the Series of Bonds for which such calculation is made; provided, the amount of interest coming due in any Bond Year shall be reduced to the extent moneys derived from the proceeds of Bonds are used to pay interest in such Bond Year.

  • Regular rate of pay means the rate of pay the employee was receiving at the time maternity leave commenced, but does not include retroactive adjustment of rate of pay, acting pay, overtime, shift premium or any other form of supplementary compensation.

  • Non-Payment Period Rate means, initially, 200% of the applicable Reference Rate (or 275% of such rate if the Corporation has provided notification to the Auction Agent prior to the Auction establishing the Applicable Rate for any dividend pursuant to paragraph 2(f) hereof that net capital gains or other taxable income will be included in such dividend on shares of AMPS), provided that the Board of Directors of the Corporation shall have the authority to adjust, modify, alter or change from time to time the initial Non-Payment Period Rate if the Board of Directors of the Corporation determines and Moody's and S&P (and any Substitute Rating Agency in lieu of Moody's or S&P in the event either of such parties shall not rate the AMPS) advise the Corporation in writing that such adjustment, modification, alteration or change will not adversely affect their then-current ratings on the AMPS.

  • Applicable Amount means, at any time (the “Applicable Amount Reference Time”), an amount equal to (a) the sum, without duplication, of:

  • Semi-Annual Record Date means the "Record Dates" set forth under "Summary of Essential Financial Information--Estimated Distributions--Semi-Annual Distributions" in the Prospectus Part I for a Trust.

  • Annual Rate of Pay means, as of any date, an employee’s annualized base pay rate. An employee’s Annual Rate of Pay shall not include sales commissions or other similar payments or awards.

  • Calculation Period means the period from and including the seventh scheduled Index Business Day prior to the Stated Maturity to and including the second scheduled Index Business Day prior to the Stated Maturity.

  • Three-Month Secondary CD Rate means, for any day, the secondary market rate for three-month certificates of deposit reported as being in effect on such day (or, if such day is not a Business Day, the next preceding Business Day) by the Board through the public information telephone line of the Federal Reserve Bank of New York (which rate will, under the current practices of the Board, be published in Federal Reserve Statistical Release H.15(519) during the week following such day) or, if such rate is not so reported on such day or such next preceding Business Day, the average of the secondary market quotations for three-month certificates of deposit of major money center banks in New York City received at approximately 10:00 a.m., New York City time, on such day (or, if such day is not a Business Day, on the next preceding Business Day) by the Administrative Agent from three negotiable certificate of deposit dealers of recognized standing selected by it.

  • Applicable L/C Fee Percentage means, as at any date of determination, a rate per annum equal to the Applicable Eurodollar Margin for Revolving Loans in effect on such date.