Applicable Amount

Applicable Amount. Means, at the time of computation of any Additional Interest, (i) with respect to the Securities, the principal amount of the Securities then outstanding, and (ii) with respect to shares of Common Stock which have been issued upon conversion of Securities pursuant to the Indenture, the principal amount of Securities that was converted into such number of shares.

Applicable Amount. Two times the lesser of: (1) Executive's annualized compensation (as defined within the meaning of Section 409A of the Code) based upon Executive's annual rate of pay for the year preceding the year in which Executive's employment with the Company terminates (adjusted for any increase during that year that was expected to continue indefinitely if Executive's employment had not terminated); or ... (2) the maximum amount that may be taken into account under a qualified plan pursuant to Section 401(a)(17) of the Code for the year in which Executive's employment is terminated ($225,000 in 2007). View More

Applicable Amount. Means the following amounts per annum, based upon the Leverage Ratio as set forth in the most recent Compliance Certificate received by Administrative Agent pursuant to Section 6.02(b): Applicable Amount Pricing Leverage Ratio Commitment Offshore Rate Base Rate Level fee + + -... -------------------------------------------------------------------------------------------- 1 (less than or equal to) 1.0:1 0.50% 2.00% 0.25% 2 (greater than) 1.0:1 but 0.50% 2.25% 0.50% (less than or equal to) 1.5:1 3 (greater than) 1.5:1 but 0.50% 2.50% 0.75% (less than or equal to) 2.25:1 4 (greater than) 2.25:1 0.50% 3.00% 1.25% ; provided that on and after December 31, 2001, Pricing Level 4 shall not apply, and the Applicable Amount for all Leverage Ratios greater than 1.5:1.0 shall be at Pricing Level 3. The Applicable Amount shall be in effect from the date the most recent Compliance Certificate is received by Administrative Agent to but excluding the date the next Compliance Certificate is received; provided, however, that if the Borrower fails to timely deliver the next Compliance Certificate, the Applicable Amount from the date such Compliance Certificate was due to but excluding the date such Compliance Certificate is received by Administrative Agent shall be the highest pricing level set forth above, and, thereafter, the pricing level indicated by such Compliance Certificate when received. View More

Applicable Amount. Means, with respect to each $1,000 principal amount at maturity of Securities, the Accreted Value (as defined in the Indenture) plus any accrud and unpaid Contingent Cash Interest through the date of determination, or, with respect to Securities that have been converted to Ordinary Shares pursuant to the Indenture, such sum calculated as if such Securities had not been so converted.

Applicable Amount. Means, for any day, with respect to outstanding Loans of the Types referred to below, and the facility fees, utilization fees and letter of credit fees referred to below, as the case may be, the per annum amount set forth below under the caption "Facility Fee", "Applicable Margin for Offshore Rate Loans", "Utilization Fee" or "Letter of Credit Fee", as the case may be, based upon the ratings by Moody's and S&P, respectively, applicable on such date to the Index... Debt (hereinafter defined): =========================================================================================================================== Pricing Level Applicable Amount (in basis points per annum) =========================================================================================================================== Rating of Applicable Margin for Index Debt Facility Fee Offshore Rate Loans Utilization Fee Letter of Credit Fee =========================================================================================================================== A+ or higher by S&P and A1 or 7.5 bps 22.5 bps 10.0 bps 22.5 bps higher by Moody's - --------------------------------------------------------------------------------------------------------------------------- A by S&P and A2 by Moody's 8.0 bps 27.0 bps 10.0 bps 27.0 bps - --------------------------------------------------------------------------------------------------------------------------- A- by S&P and A3 by Moody's 9.5 bps 40.5 bps 10.0 bps 40.5 bps - --------------------------------------------------------------------------------------------------------------------------- BBB+ by S&P and Baa1 by 11.0 bps 64.0 bps 12.5 bps 64.0 bps Moody's - --------------------------------------------------------------------------------------------------------------------------- BBB by S&P and Baa2 by Moody's 13.5 bps 74.0 bps 12.5 bps 74.0 bps - --------------------------------------------------------------------------------------------------------------------------- BBB- by S&P and Baa3 by 17.5 bps 82.5 bps 25.0 bps 82.5 bps Moody's - --------------------------------------------------------------------------------------------------------------------------- Lower than BBB- by S&P and 25.0 bps 125.0 bps 25.0 bps 125.0 bps Baa3 by Moody's or unrated =========================================================================================================================== For purposes of the foregoing, (i) if either Moody's or S&P shall not have in effect a rating for the Index Debt (other than by reason of the circumstances referred to in the last sentence of this definition), then such rating agency shall be deemed to have established a rating in the lowest of the categories above; (ii) if the ratings established or deemed to have been established by Moody's and S&P for the Index Debt shall fall within different categories which are one level apart, the Applicable Amount shall be based on the lower of the two ratings, and if the ratings shall fall within different categories which are more than one level apart, the Applicable Amount shall be based on the level that is one level higher than the lower of the two ratings; and (iii) if the ratings established or deemed to have been established by Moody's and S&P for the Index Debt shall be changed (other than as a result of a change in the rating system of Moody's or S&P), such change shall be effective as of the date on which it is first announced by the applicable rating agency. "Index Debt" means senior, unsecured, long-term indebtedness ---------- for borrowed money of the Company that is not guaranteed by any other Person or subject to any other credit enhancement. Each change in the Applicable Amount shall apply during the period commencing on the effective date of such change and ending on the date immediately preceding the effective date of the next such change. If the rating system of Moody's or S&P shall change, or if either such rating agency shall cease to be in the business of rating corporate debt obligations, the Company and the Lenders shall negotiate in good faith to amend this definition to reflect such changed rating system or the unavailability of ratings from such rating agency and, pending the effectiveness of any such amendment, the Applicable Amount shall be determined by reference to the rating most recently in effect prior to such change or cessation. View More

Applicable Amount. With respect to each $1,000 principal amount at maturity of the Debentures, the sum of the initial issue price of such Debentures ($608.41) plus accrued original issue discount with respect to such Debentures through the date of determination.

Applicable Amount. With respect to each $1,000 principal amount at maturity of CODES, the sum of the initial issue price of such CODES ($904.95) plus accreted issue discount with respect to such CODES through the date of determination; provided, that if no CODES are outstanding at the time of determination, the Applicable Amount shall be calculated as if the CODES were then outstanding.

Applicable Amount. Means, at the time of computation of any Additional Interest, the aggregate principal amount of the Notes, other than Notes for which, at the time of computation of any Additional Interest there is no Registration Default, including Notes for which there would be a Registration Default but for a Rule 415 Limitation or a Subsequent Shelf Limitation.

Applicable Amount. In respect of shares of Common Stock issued upon conversion of Notes, an amount equal to $1,000 times the quotient of (x) the number of such shares divided by (y) the prevailing conversion rate, such prevailing conversion rate as determined in accordance with the Indenture.

Applicable Amount. As of any date of determination (the "Determination Date"), the amount (but in no event less than zero) equal to (a) the sum of (i) the aggregate amount of cash and the fair market value of non-cash items received by the Parent or the Borrower as common equity after the Closing Date and on or prior to such Determination Date, (ii) the amount of the net reduction after the Closing Date and on or prior to such Determination Date, in Investments held by the Parent, Holdings, Intermediate Holdings,... the Borrower and its Class I Restricted Subsidiaries in Class II Restricted Subsidiaries, Unrestricted Subsidiaries and other entities that are not Class I Restricted Subsidiaries made after the Closing Date resulting from proceeds realized on the sale or other Disposition of such Investments, proceeds representing the return of capital, including redemptions, dividends and distributions, the amount of all guarantees released, all payments of principal of, or interest on, Indebtedness and other obligations that constitute such Investments, and the fair market value (not in excess of the amount previously subtracted under clause (b)(ii) below) of any Unrestricted Subsidiary redesignated as a Class I Restricted Subsidiary, (iii) (A) at any time prior to the time when the Requisite Conditions (as defined in the First Amendment) have been satisfied, Consolidated EBITDA minus 2.00 times Consolidated Interest Expense and (B) immediately upon the satisfaction of the Requisite Conditions and at all times thereafter, Consolidated EBITDA minus 1.75 times Consolidated Interest Expense, in each case in this clause (iii) for the fiscal quarter in which the Closing Date occurs and for each full fiscal quarter completed since the Closing Date and prior to the Determination Date for which financial statements have been delivered pursuant to Section 6.1(a)or 6.1(b), as applicable, (iv) to the extent deducted in computing the Consolidated EBITDA specified in clause (iii) above and not included in clause (ii) above, any net gains on sales of assets outside the ordinary course of business (including, without limitation, any such gains that are extraordinary gains), (v) $150,000,000 and (vi) (A) in the case of expenditures made pursuant to Sections 7.7(c) and 7.8(h) and the designation on or after the Closing Date of any Class I Restricted Subsidiaries of the Parent as Unrestricted Subsidiaries, $275,000,000 in the aggregate, and (B) in the case of expenditures made pursuant to Section 7.9(a)(i), $200,000,000 in the aggregate, minus (b) the sum of (i) the portion of such sum expended on and after the Closing Date and on or prior to such Determination Date pursuant to Sections 7.6(j), 7.7(c) and 7.8(h), (ii) the portion of such sum expended on and after the First Amendment Effective Date and on or prior to such Determination Date pursuant to Section 7.9(a)(i) (after giving effect to the amendment to such provision that became effective as of the First Amendment Effective Date), and (iii) the fair market value (as of the date of such designation) of any Class I Restricted Subsidiaries of the Parent designated as Unrestricted Subsidiaries on or after the Closing Date. Expenditures made pursuant to Sections 7.7(c), 7.8(h) and 7.9(a)(i) and in connection with the designation of a Class I Restricted Subsidiary as an Unrestricted Subsidiary shall be deemed to utilize the amounts in clause (vi)(A) above or (vi)(B) above, as applicable, prior to utilization of the amounts in clauses (i) through (v) above. Expenditures made pursuant to Section 7.9(a)(i) as in effect prior to the First Amendment Effective Date shall be deemed to have not decreased, expended or utilized the Applicable Amount or any component thereof. View More