Applicable Rate. The definition of “Applicable Rate” set forth in Section 14 is hereby amended by adding to the end of Subsection (b) of the definition after the word “Rate” the following provision: “; provided, however, that if the payee is a Defaulting Party for purposes of Section 6(e), then the rate shall be the Non-default Rate.”
Applicable Rate. The Applicable Rate shall be the following amounts per annum, based upon the ratio of Funded Debt to EBITDA (as defined in Section 8.3 this Agreement, the “Financial Test”), as set forth in the most recent compliance certificate (or, if no compliance certificate is required, the Borrower’s most recent financial statements) received by the Bank as required in the Covenants Sections of this Agreement. Until the Bank receives the first compliance certificate or financial statement, the Applicable Rate shall be the amounts indicated for pricing level 5 set forth below: Applicable Rate (in percentage points per annum) Funded Debt/ Unused Pricing Level EBITDA LIBOR + Prime Rate + Commitment Fee 1 > 3.00 2.00 0 .375 2 > 2.25 and < 3.00 1.75 0 .350 3 > 1.50 and < 2.25 1.50 0 .300 4 > 1.00 and < 1.50 1.25 0 .250 5 < 1.00 1.00 0 .200 The Applicable Rate shall be in effect from the date the most recent compliance certificate or financial statement is received by the Bank until the date the next compliance certificate or financial statement is received; provided, however, that if the Borrower fails to timely deliver the next compliance certificate or financial statement, the Applicable Rate from the date such compliance certificate or financial statement was due until the date such compliance certificate or financial statement is received by the Bank shall be the highest pricing level set forth above. If, as a result of any restatement of or other adjustment to the financial statements of the Borrower or for any other reason, the Borrower or the Bank determines that (i) the Financial Test as calculated by the Borrower as of any applicable date was inaccurate and (ii) a proper calculation of the Financial Test would have resulted in higher pricing for such period, the Borrower shall immediately and retroactively be obligated to pay to the Bank an amount equal to the excess of the amount of interest and fees that should have been paid for such period over the amount of interest and fees actually paid for such period. The Bank’s acceptance of payment of such amounts will not constitute a waiver of any default under this Agreement. The Borrower’s obligations under this Section shall survive the termination of this Agreement and the repayment of all other obligations.
Applicable Rate. The Applicable Rate (using a 365-day year) shall be determined in accordance with the following chart for each Settlement Currency: Settlement Currency Applicable Rate U.S. Dollars ***** ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
Applicable Rate. The definition of “Applicable Rate” in Section 1.01 of the Credit Agreement is hereby amended and restated in its entirety as follows:
Applicable Rate. Interest shall accrue on the outstanding principal balance at the end of day of each Loan at the Applicable Rate in effect for such Loan on such day.
Applicable Rate. Assets........................... Associate........................
Applicable Rate. The Applicable Rate (using a 365-day year) shall be determined in accordance with the following chart for each Settlement Currency: Settlement Currency Applicable Rate U.S. Dollars ***** Association Obligor – Any Person (other than Carrier) (i) directly liable (a “Direct Obligor”) for obligations owed to any Card Association on account of Sales Records ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. submitted to a Card Association hereunder (for example, Chargebacks and Card Association fines and assessments), or (ii) indirectly liable to any Card Association on account of Sales Records submitted to a Card Association hereunder through an indemnity given to a Direct Obligor or a guarantee of payment of any such indemnity obligation to a Direct Obligor (an “Indirect Obligation”).
Applicable Rate. The term "Applicable Rate" shall mean:
Applicable Rate. The “Applicable Rate” under this Agreement shall be the following percentages per annum, based upon the Debt Rating as set forth below: Applicable Rate Pricing Level Debt Ratings S&P/Xxxxx’x Facility Fee Rate Applicable Rate for Eurodollar Loans Applicable Rate for Base Rate Loans Utilization Fee Rate 1 A/A2 or higher .045 % .180 % 0 .05 % 2 A-/A3 .050 % .200 % 0 .05 % 3 BBB+/Baa1 .070 % .230 % 0 .05 % 4 BBB/Baa2 .090 % .310 % 0 .05 % 5 BBB-/Baa3 .110 % .440 % 0 .05 % 6 Lower than BBB-/Baa3 or unrated .125 % .575 % 0 .10 % Initially, the Applicable Rate shall be determined based upon the Debt Rating of BBB/Baa2. Thereafter, each change in the Applicable Rate resulting from a publicly announced change in the Debt Rating shall be effective during the period commencing on the date of the public announcement thereof and ending on the date immediately preceding the effective date of the next such change.
Applicable Rate. The Adjusted LIBOR Rate unless the Default Rate is then applicable or the provisions of Section 5.1 below are then applicable.
