Applicable Margin

Applicable Margin. Means: Applicable Margin Consolidated Last Twelve Months Applicable Margin (Reference Rate EBITDA (LIBOR Rate Loans) Loans) Equal to or less than $15,000,000 6.75 % 5.75 % Greater than $15,000,000 5.75 % 4.75 % provided, that, (a) the Applicable Margin shall be calculated and established once each fiscal quarter based on the Consolidated EBITDA of Parent and its Subsidiaries for ... the immediately preceding twelve (12) month period ending as of the last day of the immediately preceding fiscal quarter and shall remain in effect until adjusted thereafter after the end of the next fiscal quarter, (b) each adjustment to the Applicable Margin shall be effective on the date that Agent receives the financial statements of Parent and its Subsidiaries for the immediately preceding fiscal quarter in accordance with Section 6.01(a)(i) and shall remain in effect until adjusted thereafter during the next fiscal quarter, (c) the failure to deliver the financial statements pursuant to Section 6.01(a)(i) hereof on the required date shall automatically cause the Applicable Margin for each LIBOR Rate Loan and Reference Rate Loan to be the highest applicable rate set forth above, effective as of the date on which the delivery of the financial statements was otherwise required until the date on which such financial statements are so delivered to Agent at which time the Applicable Margin shall be adjusted in accordance with clause (a) above, (d) in the event that any of the information provided to Agent which is used in the calculation of the Applicable Margin for any period is subsequently restated or is otherwise changed thereafter, then if the Applicable Margin for the applicable period would have resulted in a higher rate, Borrowers shall promptly upon demand pay to Agent any additional amount in respect of interest that would have been required based on the higher Applicable Margin. View More

Applicable Margin. Means a percentage per annum as set forth below: Alternate BaseRate Loan LIBOR Rate Loan Revolving Advances 3.50% 4.75% Term Loans 7.75% 9.00%

Applicable Margin. Means a percentage per annum determined as of the end of the last Fiscal Quarter, as set forth below: Alternate BaseRate Loan LIBOR Rate Loan Revolving Advances 3.50% 4.75% Term Loans 5.75% 7.00%

Applicable Margin. 200 basis points; provided that from and after the Termination Date the Applicable Margin shall be 900 basis points.

Applicable Margin. Means from time to time, the percent per annum set forth below, based on Borrower's Funded Debt to EBITDA Ratio (the "Financial Covenant"), as set forth in the most recent Compliance Certificate delivered by Lender pursuant to Section 6.2(b): PRICING LEVEL COMMITMENT FEE LIBOR RATE LOANS AND LETTERS OF CREDIT BASE RATE LOANS ... I. Less than or equal to 1.0 0.35% 2.25% -0- II. Greater than 1.0 but less than or equal to 1.25 0.50% 2.50% -0- III. Greater than 1.25 but less than or equal to 2.00 0.50% 2.75% -0- The Applicable Margin will be determined from Borrower's most recent quarterly Compliance Certificate received by Lender. The Applicable Margin will be in effect from the first day of the month following receipt of such Compliance Certificate until the first day of the month following receipt of the next quarterly Compliance Certificate. Until Lender receives the Compliance Certificate for the month ending December 31, 2005, the Applicable Margin will be determined based upon Pricing Level III and thereafter it shall be determined as set forth above. View More

Applicable Margin. For any day, with respect to any Eurodollar Loan, or with respect to the commitment fees payable hereunder, as the case may be, the Applicable Margin per annum set forth below under the caption "Commitment Fee Rate" or "Eurodollar Spread", as the case may be, based upon the rating by S&P and Moody's, respectively, applicable on such date to the Index Debt: Index Debt Ratings Commitment Fee Rate Eurodollar Spread Category 1 A3/A- 0.050% 0.25% ... Category 2 Baa1/BBB+ 0.070% 0.30% Category 3 Baa2/BBB 0.090% 0.40% Category 4 Baa3/BBB- 0.110% 0.55% Category 5 View More

Found in XTO ENERGY INC contract

Applicable Margin. The following percentages per annum, based upon the Borrower's Deposit/Sweep Balances: Pricing Level Deposit/Sweep Balances Commercial Based Rate MINUS LIBOR Based Rate PLUS Level 1 $5MM <$10MM 0.50% 160 bps Level 2 $10MM <$15MM 0.50% 155 bps Level 3 $15MM <$20MM 0.50% 150 bps Level 4 $20MM <$30MM 0.75% 145 bps Level 5 $30MM <$50MM 0.75% 140 bps Level 6 $50MM 1.00% 125 bps Any increase or decrease in the Applicable Margin resulting from a change in Borrower's Deposit/Sweep Balances shall become effective as of the first Business Day following the date a change in Borrower's Deposit/Sweep Balances occurs that effects such a change in the Applicable Margin.

Applicable Margin. Shall mean the amount set forth below that shall be added to LIBOR to determine the applicable per annum interest rate under the Construction/Term Loan after the Conversion Date, which amount shall be based upon (i) Borrower's EBITDA on an annualized basis until the Biodiesel Plant has been in operation for four (4) full fiscal quarters and (ii) Borrower's Rolling Four-Quarter EBITDA when the Biodiesel Plant has been in operation for four (4) full fiscal quarters and thereafter: ... Annualized EBITDA/Rolling Four-Quarter EBITDA Applicable Margin Equal to or greater than $7,000,000 225 bps Equal to or greater than $6,000000 but less than $7,000,000 250 bps Equal to or greater than $5,000000 but less than $6,000,000 275 bps Equal to or greater than $4,000000 but less than $5,000,000 300 bps Less than $4,000,000 325 bps Upon delivery of the quarterly statements and the compliance certificate pursuant to Section 7.12, the Lender will review and confirm the Borrower's calculation of its annualized EBITDA or Rolling Four-Quarter EBITDA, as applicable, for such fiscal quarter. The Applicable Margin shall automatically be adjusted in accordance with the annualized EBITDA or Rolling Four-Quarter EBITDA, as applicable, of the Borrower as of the end of each fiscal quarter, such automatic adjustment to take effect as of the first day of the second calendar month after the end of the fiscal quarter to which the quarterly financial statement and compliance certificate relate. If the Borrower fails to deliver such financial statements and compliance certificate for a particular fiscal quarter, which set forth the Rolling Four-Quarter EBITDA of the Borrower for that quarter, within the period of time required by Section 7.12 (and said failure to deliver said financial statements is not waived by Lender in writing) or if a Default occurs, then the Applicable Margin shall be automatically adjusted to the highest Applicable Margin listed above, with such automatic adjustments (a) to take effect immediately and (b) to remain in effect until subsequently adjusted in accordance herewith upon the delivery of the required financial statements and compliance certificate for the following fiscal quarter or, in the event of a Default, when such Default shall have been cured or waived by the Lender. Any automatic adjustment in the Applicable Margin due to (i) Borrower's failure to deliver its financial statements and compliance certificate for a particular quarter or (ii) the occurrence of a Default, shall not be deemed to be a waiver by Lender of any such Default. 22 View More

Applicable Margin. Shall mean, at any time, with respect to the calculation of the Interest Rate for Prime Rate Loans and Eurodollar Rate Loans, the applicable percentage (on a per annum basis) set forth below if as of the end of any calendar month the Monthly Average Excess Availability for the immediately preceding calendar month is at or within the amounts indicated for such percentage: Applicable Margin Monthly... Average Tier Excess Availability Prime Rate Eurodollar Loans Rate Loans Tier I Less than $10,000,000 .25% 1.75% Tier II Greater than or equal to 0% 1.50 $10,000,000 but less than or equal to $20,000,000 Tier III Greater than $20,000,000 - .25% 1.25 provided, that, (i) the Applicable Margin shall be calculated and established once each calendar month and shall remain in effect until adjusted thereafter during the next calendar month; (ii) each adjustment of the Applicable Margin shall be effective as of the first day of a calendar month based on the Monthly Average Excess Availability for the immediately preceding calendar month and (iii) the Applicable Margin for the period from January 1, 2007 through January 31, 2007 shall be the amount for Tier III set forth above. In the event that at any time after the end of a calendar month, Agent shall have determined that the amount of the Monthly Average Excess Availability for such month initially used for the determination of the Applicable Margin was greater than the actual amount of the Monthly Average Excess Availability for such month, the Applicable Margin shall be appropriately adjusted based on such actual Monthly Average Excess Availability and any additional interest for the applicable period payable as a result of such recalculation shall be promptly paid to Agent, for the benefit of Lenders. The foregoing shall not be construed to limit the rights of Agent and Lenders with respect to the amount of interest payable after a Default or Event of Default whether based on such recalculated percentage or otherwise. View More

Applicable Margin. 1.10 Applicable Margin' shall mean, at any time, as to the interest rate for Prime Rate Loans and for Eurodollar Rate Loans, the applicable percentage (on a per annum basis) set forth below if EBITDA of Group and its Subsidiaries for the immediately preceding two (2), three (3) or four (4) fiscal quarter period, as applicable (as set forth in the most recent consolidated financial statements of Group and its Subsidiaries delivered to Agent in accordance with Section 9.6(a) hereof), as... determined by Agent is at or within the levels indicated for such percentage as of the last day of the immediately preceding fiscal quarter: Tier EBITDA for 2 Fiscal Quarters Ending June 30, 2008 EBITDA for 3 Fiscal Quarters Ending September 30, 2008 EBITDA for 4 Fiscal Quarters Ending December 31, 2008 and ending the last day of each Fiscal Quarter thereafter ApplicablePrimeRate Margin ApplicableEurodollarRate Margin 1 Greater than $45,000,000 Greater than $60,000,000 0.50 % 2.75 % 2 Greater than $30,000,000 Less than or equal to $45,000,000 and greater than $33,000,000 Less than or equal to $60,000,000 and greater than $45,000,000 0.75 % 3.00 % 3 Less than or equal to $30,000,000 Less than or equal to $33,000,000 Less than or equal to $45,000,000 1.00 % 3.25 % provided, that, (i) the Applicable Margin shall be calculated and established once each fiscal quarter (commencing with the fiscal quarter ending on or about June 30, 2008) and shall remain in effect until adjusted thereafter during the next fiscal quarter thereafter, (ii) each adjustment of the Applicable Margin shall be effective as of the first day of the second month of a fiscal quarter based on the EBITDA of Group and its Subsidiaries as of the end of the immediately preceding fiscal quarter, (iii) the Applicable Margin for the period from April 1, 2008 through July 31, 2008 shall be 1.375% with respect to Prime Rate Loans and 3.625% with respect to Eurodollar Rate Loans, (iv) the Applicable Margin for the period from August 1, 2008 through October 31, 2008 shall be the rate computed in accordance with this definition plus 0.625%, (v) the Applicable Margin for the period from November 1,2008 through January 31, 2009 shall be the rate computed in accordance with this definition plus 0.75%, and (vi) the Applicable 5 Margin for the period from February 1, 2009 through April 30, 2009 shall be the rate computed in accordance with this definition plus 0.75%. In the event that at any time after the end of a fiscal quarter, the EBITDA of Group and its Subsidiaries for the immediately preceding two (2), three (3) or four (4) fiscal quarter period, as applicable, used for the determination of the Applicable Margin was less than the actual amount of the actual EBITDA of Group and its Subsidiaries for such two (2), three (3) or four (4) fiscal quarter period, as applicable, as a result of the inaccuracy of information provided by or on behalf of Borrowers to Agent for the calculation of EBITDA, the Applicable Margin for such preceding fiscal quarters shall be adjusted to the applicable percentage based on such actual EBITDA of Group and its Subsidiaries for such two (2), three (3) or four (4) fiscal quarter period, as applicable, and any additional interest for the applicable period as a result of such recalculation shall be promptly paid to Agent. The foregoing shall not be construed to limit the rights of Agent and Lenders with respect to the amount of interest payable after a Default or Event of Default whether based on such recalculated percentage or otherwise. View More