Common use of Interest Rate Protection Agreements Clause in Contracts

Interest Rate Protection Agreements. (a) Within ninety days after the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having a term of at least three years from the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal to at least 50% of the aggregate principal amount of all Term Loans then outstanding.

Appears in 3 contracts

Samples: Credit Agreement (Adeptus Health Inc.), Credit Agreement (Adeptus Health Inc.), Credit Agreement (Adeptus Health Inc.)

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Interest Rate Protection Agreements. Within thirty (a30) Within ninety days after of the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having reasonably acceptable to the Administrative Agent, which agreements shall provide coverage in an amount equal to $100,000,000 and for a term duration of at least three years from the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal to at least 50% of the aggregate principal amount of all Term Loans then outstandingtwo (2) years.

Appears in 2 contracts

Samples: Credit Agreement (Matria Healthcare Inc), Term Loan Agreement (Matria Healthcare Inc)

Interest Rate Protection Agreements. Within one hundred fifty (a150) Within ninety days after of the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having a term of at least three years from reasonably acceptable to the Closing DateAdministrative Agent, establishing a fixed or maximum interest rate of 10.5% per annum for which agreements shall provide coverage in an aggregate notional amount equal to at least 5033% of the aggregate principal amount outstanding Term Loan and for the duration of all Term Loans then outstandingthree years.

Appears in 2 contracts

Samples: Credit Agreement (Aegion Corp), Credit Agreement (Aegion Corp)

Interest Rate Protection Agreements. Within sixty (a60) Within ninety days after of the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having a term of at least three years from reasonably acceptable to the Closing DateAdministrative Agent, establishing a fixed or maximum interest rate of 10.5% per annum for which agreements shall provide coverage in an aggregate notional amount equal to at least 50% of the aggregate principal amount outstanding Term Loan and for the duration of all the Term Loans then outstandingLoan.

Appears in 2 contracts

Samples: Credit Agreement (Insituform Technologies Inc), Credit Agreement (Insituform Technologies Inc)

Interest Rate Protection Agreements. (a) Within ninety Borrower shall obtain, on or within 90 days after the Closing Date, Interest Rate Protection Agreements having terms and with counterparties reasonably satisfactory to the Borrower Administrative Agent as shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations result in interest rates) having a term of at least three years from the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal to at least 50% of the aggregate principal amount of all Term Loans then outstandingoutstanding Total Debt of Borrower either bearing interest at a fixed rate or being hedged for a period of at least two years from the date the initial Interest Rate Protection Agreements were obtained.

Appears in 2 contracts

Samples: Credit Agreement (Atrium Companies Inc), Credit Agreement (Atrium Companies Inc)

Interest Rate Protection Agreements. Within sixty (a60) Within ninety days after of the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having reasonably acceptable to the Administrative Agent, which agreements shall provide coverage, together with its existing interest rate protection agreements, in an amount equal to $60,000,000 and for a term duration of at least three years from the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal to at least 50% of the aggregate principal amount of all Term Loans then outstanding(3) years.

Appears in 1 contract

Samples: Credit Agreement (X Rite Inc)

Interest Rate Protection Agreements. Within sixty (a60) Within ninety days after of the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having a term of at least three years from reasonably acceptable to the Closing DateAdministrative Agent, establishing a fixed or maximum interest rate of 10.5% per annum for which agreements shall provide coverage in an aggregate notional amount equal to at least 50% of the aggregate principal amount outstanding Term Loan; provided that, as of all Term Loans then outstandingMarch 31, 2011, interest rate protection agreements shall no longer be required.

Appears in 1 contract

Samples: Credit Agreement (Insituform Technologies Inc)

Interest Rate Protection Agreements. Within sixty (a60) Within ninety days after of the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having a term of at least three years from the Closing Datereasonably acceptable to Administrative Agent, establishing a fixed or maximum interest rate of 10.5% per annum for which agreements shall provide coverage in an aggregate notional amount equal to at least 50% of the aggregate principal amount Term Loan and for a duration of all Term Loans then outstandingat least two (2) years.

Appears in 1 contract

Samples: Credit Agreement (Ciber Inc)

Interest Rate Protection Agreements. (a) Within ninety 120 days after the Closing Date, the Borrower shall enter into and thereafter maintain Interest Rate Protection Agreements in respect of at least $50,000,000 of the Term Loans, providing interest rate protection agreements (protecting against fluctuations in interest rates) having a term for such period of at least three years from time, and under such terms and conditions, as shall be reasonably acceptable to the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal to at least 50% of the aggregate principal amount of all Term Loans then outstandingArranger.

Appears in 1 contract

Samples: Credit Agreement (Key Energy Group Inc)

Interest Rate Protection Agreements. (a) Within ninety Borrower shall obtain, on ----------------------------------- or within 90 days after the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations having terms and with counterparties reasonably satisfactory to the Joint Lead Arrangers as shall result in effectively limiting the interest rates) having a term cost to the Borrower of at least three years from the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal to at least 50% of the aggregate principal amount of all Term Loans the then outstandingoutstanding Total Debt of the Borrower for a period of at least three years from the date the initial interest rate protections agreements were made.

Appears in 1 contract

Samples: Credit Agreement (Krasovec Frank P)

Interest Rate Protection Agreements. (a) Within ninety No later than 180 days after the Closing Date, the Borrower shall enter into into, and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having for a term minimum of at least three years from after the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal to Agreements that result in at least 50% of the aggregate principal amount of all Term Loans then outstandingConsolidated Indebtedness being effectively subject to a fixed or maximum interest rate on terms reasonably acceptable to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Medassets Inc)

Interest Rate Protection Agreements. Within sixty (a60) Within ninety days after of the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having reasonably acceptable to the Administrative Agent, which agreements shall provide coverage in an amount equal to $15,000,000 and for a term duration of at least three years from the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal to at least 50% of the aggregate principal amount of all Term Loans then outstandingyears.

Appears in 1 contract

Samples: Credit Agreement (Practiceworks Inc)

Interest Rate Protection Agreements. (a) Within ninety In the case of the Borrower, within 90 days after following the Closing Date, the Borrower shall enter into Interest Rate Protection Agreements, with counterparties and thereafter maintain on terms and conditions reasonably satisfactory to the Administrative Agent, pursuant to which the interest rate protection agreements (protecting against fluctuations in interest rates) having with respect to a term of at least three years from the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal to at least 50% of the aggregate principal amount its Indebtedness under this Agreement, is fixed for a period of all Term Loans then outstandingat least three years.

Appears in 1 contract

Samples: Credit Agreement (Ispat Inland Inc)

Interest Rate Protection Agreements. (a) Within ninety Borrower shall obtain, on or within 90 days after the Original Closing Date, Interest Rate Protection Agreements having terms and with counterparties reasonably satisfactory to Co-Syndication Agents as shall result in effectively limiting the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having a term cost to the Companies of at least three years from the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal to at least 50% of the aggregate principal amount of all Term Loans then outstandingoutstanding Total Debt of the Companies for a period of at least three years from the date the Initial Interest Rate Protection Agreements were obtained.

Appears in 1 contract

Samples: Reaffirmation Agreement (Centennial Communications Corp /De)

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Interest Rate Protection Agreements. (a) Within ninety 90 days after following the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations have in interest rates) place Interest Rate Protection Agreements having a term duration of at least three years from the Closing Datetwo years, establishing a fixed or maximum interest rate of 10.5% per annum for in form and substance satisfactory to Administrative Agent, in an aggregate notional amount equal to at least 50% of the aggregate principal amount of all the Term Loans then outstandingLoans.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Nacco Industries Inc)

Interest Rate Protection Agreements. (a) Within ninety Borrower shall obtain, on or within 90 days after the Closing Date, Interest Rate Protection Agreements having terms and with counterparties reasonably satisfactory to Lead Arranger as shall result in effectively limiting the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having a term cost to the Companies of at least three years from the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal to at least 50% of the aggregate principal amount of all Term Loans then outstandingoutstanding Total Debt of the Companies for a period of at least three years from the date the Initial Interest Rate Protection Agreements were obtained.

Appears in 1 contract

Samples: Security Agreement (Centennial Cellular Corp)

Interest Rate Protection Agreements. (a) Within ninety 90 days after the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting Interest Rate Protection Agreements designed to protect Borrower against fluctuations in interest rates) having a term of at least three years from the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal rates with respect to at least 50% of the aggregate principal amount of all Term B Facility Loans then outstandingfor a period of at least 36 months from the Closing Date on terms and with counterparties reasonably satisfactory to the Lead Arranger and the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Imagistics International Inc)

Interest Rate Protection Agreements. (a) Within ninety The Borrower shall, within 90 days after subsequent to the Closing Initial Funding Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations agreements, in interest rates) having form and substance acceptable to the Administrative Agent, for a term of at least period expiring no earlier than three years from the Closing Date, establishing a fixed or maximum date such interest rate of 10.5% per annum for an aggregate protection agreements are purchased, and in a notional amount equal to of at least 50% of the aggregate principal amount of all Term Loans then outstanding$135,000,000.

Appears in 1 contract

Samples: Credit Agreement (Knoll Inc)

Interest Rate Protection Agreements. Within one hundred fifty (a150) Within ninety days after of the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having a term of at least three years from reasonably acceptable to the Closing DateAdministrative Agent, establishing a fixed or maximum interest rate of 10.5% per annum for which agreements shall provide coverage in an aggregate notional amount equal to at least 5033% of the aggregate principal amount outstanding Term Loan and for the duration of all Term Loans then outstandingat least three years.

Appears in 1 contract

Samples: Credit Agreement (Aegion Corp)

Interest Rate Protection Agreements. (a) Within ninety 90 days after ----------------------------------- the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting Interest Rate Protection Agreements designed to protect Borrower against fluctuations in interest rates) having a term of at least three years from the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal rates with respect to at least 50% of the aggregate principal amount of all Term B Facility Loans then outstandingfor a period of at least 36 months from the Closing Date with counterparties reasonably satisfactory to the Lead Arranger and the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Imagistics International Inc)

Interest Rate Protection Agreements. (a) Within ninety Borrower shall obtain, on or within 90 days after the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations having terms and with counterparties reasonably satisfactory to Arrangers as shall result in effectively limiting the interest rates) having a term cost to the Companies of at least three years from the Closing Date, establishing a fixed or maximum interest rate of 10.5% per annum for an aggregate notional amount equal to at least 50% of the aggregate principal amount of all Term Loans then outstandingoutstanding Total Debt of the Companies for a period of at least three years from the date the initial interest rate protection agreements were obtained.

Appears in 1 contract

Samples: Credit Agreement (Pricellular Corp)

Interest Rate Protection Agreements. Within one hundred fifty (a150) Within ninety days after of the Closing Date, the Borrower shall enter into and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having a term of at least three years from reasonably acceptable to the Closing DateAdministrative Agent, establishing a fixed or maximum interest rate of 10.5% per annum for which agreements shall provide coverage in an aggregate notional amount equal to at least 5033% of the aggregate principal amount outstanding Initial Term Loan and for the duration of all Term Loans then outstandingat least three years.

Appears in 1 contract

Samples: Credit Agreement (Aegion Corp)

Interest Rate Protection Agreements. (a) Within ninety The Borrower shall, within 90 days after of the Closing Date, the Borrower shall enter have entered into and thereafter maintain interest rate protection agreements (protecting against fluctuations in interest rates) having rates and as to which the material terms are reasonably satisfactory to the Administrative Agent, which agreements shall provide for coverage in a term principal amount of at least three years from the Closing Date, establishing $112,500,000 for a fixed or maximum interest rate duration of 10.5% per annum for an aggregate notional amount equal to at least 50% of the aggregate principal amount of all Term Loans then outstandingtwo (2) years.

Appears in 1 contract

Samples: Credit Agreement (Amerisource Distribution Corp)

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