Applicable Tier definition

Applicable Tier shall have the meaning set forth in Annex A hereof.

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Applicable Tier means, on any date, whichever of Tier I, Tier II, Tier III or Tier IV applies on such date. Subject to the other provisions of this definition, on the Second Amendment Date through March 31, 2006 the Applicable Tier shall be Tier III. Thereafter, subject to the other provisions of this definition, (a) following the end of each fiscal quarter of the Parent, the Loan Parties shall prepare and deliver to the Agent in accordance with Section 6.01(d) a Quarterly Compliance Certificate, duly completed and signed by a Responsible Officer, computing which of the financial tests in the table set forth below the Loan Parties satisfy as of the last day of such fiscal quarter and (b) the Applicable Tier corresponding to such financial test shall take effect on the first day of the month following the month in which the Agent receives such Quarterly Compliance Certificate, and such Applicable Tier shall continue in effect until reset in accordance with this definition. If a Quarterly Compliance Certificate is not received by the Agent by the last day of the month in which it is required to be delivered under Section 6.01(d), then, without limiting any other rights and remedies of the Agent or any Lender, the Applicable Tier shall be deemed to be Tier IV for each day from and including the first day of the month in which such Quarterly Compliance Certificate was required to be delivered to and including the fifth day after the date on which such Quarterly Compliance Certificate is received by the Agent. Notwithstanding anything to the contrary in this definition, the Applicable Tier shall be deemed to be Tier IV in each day on which an Event of Default has occurred and is continuing.

Applicable Tier means, on any date, whichever of Tier I, Tier II, Tier III, Tier IV or Tier V applies on such date. Subject to the other provisions of this definition, on the Closing Date the Applicable Tier shall be Tier I. Thereafter, subject to the other provisions of this definition, (a) following the end of each fiscal quarter of the Guarantor, the Loan Parties shall prepare and deliver to the Lender in accordance with Section 6.01(d) a Quarterly Compliance Certificate, duly completed and signed by a Responsible Officer, computing which of the financial tests in the table set forth below the Loan Parties satisfy as of the last day of such fiscal quarter and (b) the Applicable Tier corresponding to such financial test shall take effect on the first day of the month following the month in which the Lender receives such Quarterly Compliance Certificate, and such Applicable Tier shall continue in effect until reset in accordance with this definition. If a Quarterly Compliance Certificate is not received by the Lender by the last day of the month in which it is required to be delivered under Section 6.01(d), then, without limiting any other rights and remedies of the Lender, the Applicable Tier shall be deemed to be Tier V for each day from and including the first day of the month in which such Quarterly Compliance Certificate was required to be delivered to and including the fifth day after the date on which such Quarterly Compliance Certificate is received by the Lender. Notwithstanding anything to the contrary in this definition, the Applicable Tier shall be deemed to be Tier V in each day on which an Event of Default has occurred and is continuing. For purposes of the foregoing, the "Applicable Tier" shall be determined by using the following chart: ------------------------------------------------------------- ---------------------------------------------------------- Applicable Tier Consolidated Leverage Ratio ------------------------------------------------------------- ----------------------------------------------------------

Examples of Applicable Tier in a sentence

For purposes hereof, the "Commitment Fee Rate" for each day shall mean the applicable percentage set forth in Annex A based on the Applicable Tier on such day times 1/360.
Customer shall be responsible for ensuring that its Average Daily Ads served or Page Requests does not exceed the number permitted for the Applicable Tier (an "Overage"), and Customer shall promptly report any Overage to Engage, which shall have the right to require Customer to upgrade its Tier.
For purposes hereof, the “Commitment Fee Rate” for each day shall mean the applicable percentage set forth in Annex A based on the Applicable Tier on such day times 1/360.
The Applicable Margin for each day shall mean the applicable percentage set forth in Annex B based on the Applicable Tier on such day.
The Applicable Tier 4 REC Price shall be the [Index/Fixed] Tier 4 REC Price, as selected by NYSERDA pursuant to T4RFP21-1 and as set forth in Section [4.02/4.03] of this Agreement.
Contraceptive Drugs and devices Tier 1 Drugs Tier 2 Drugs Tier 3 Drugs $0 $20/prescription $70/prescription $120/prescription Not covered ✔ Not covered ✔ Not covered ✔ Not covered Benefits8,9 When using a Participating Pharmacy3 Tier 4 Drugs 30% up to $400/prescription CYD2 applies ✔ When using a Non- Participating Pharmacy4 Not covered CYD2 applies Applicable Tier 1, Tier 2, Tier 3, or Tier Oral Anticancer Drugs 4 Copayment up to $200/prescription Per prescription, up to a 30-day supply.
The Applicable Tier 4 REC Price shall be the [Index/Fixed] Tier 4 REC Price, as selected by NYSERDA pursuant to T4RFP21-1 and as set forth in Section [4.02/4.03] of this Agreement and as may be reduced pursuant to Section 4.10 of this Agreement.
For purposes hereof, the "Commitment Fee Rate" for each day shall mean the applicable percentage set forth in Annex B based on the Applicable Tier on such day times 1/360.
Contraceptive Drugs and devices Tier 1 Drugs Tier 2 Drugs Tier 3 Drugs Tier 4 Drugs $0 $10/prescription $35/prescription $60/prescription 30% up to $200/prescription Applicable Tier 1, Tier 2, or Tier 3 Copayment ✔ 25% plus $10/prescription ✔ ✔ 25% plus $35/prescription ✔ ✔ 25% plus $60/prescription ✔ ✔ 30% up to $200/prescription plus 25% of purchase price ✔ Mail service pharmacy prescription Drugs Per prescription, up to a 90-day supply.
Subject to the terms and conditions of this Agreement, Engage grants Customer a royalty-free, nonexclusive, nontransferable (except for temporary transfer for the limited duration of a CPU malfunction), worldwide license to use ProfileServer with the Profile Option, if any, on the Permitted Enterprise Servers solely for the purpose of operating the Customer Sites, provided that the Average Daily Page Requests does not exceed the maximum number permitted for the Applicable Tier.

More Definitions of Applicable Tier

Applicable Tier shall have the meaning set forth in Annex B to this Agreement.

Applicable Tier means the Tier selected by Customer on the Cover Page.

Applicable Tier means the Tier selected by Customer on the Purchase Order.