Applicable Margin

Applicable Margin. 1.10 ‘Applicable Margin' shall mean, at any time (a) as to the Interest Rate for Prime Rate Loans, two and one-half (2.50%) percent per annum, and (b) as to the Interest Rate for Eurodollar Rate Loans, (i) for the period from the Amendment No. 18 Effective Date through and including June 30, 2010, five (5%) percent per annum, (ii) for the period from July 1, 2010 through and including December 31, 2010, five and one-quarter (5.25%) percent per annum, and (iii) from and after January 1, 2011,... five and one-half (5.50%) percent per annum; provided, that, if the Fixed Charge Coverage Ratio of Group and its Subsidiaries (on a consolidated basis) for the twelve (12) fiscal months ending on or about December 31, 2010 (as demonstrated in the audited financial statements of Group and its Subsidiaries for such period delivered to Agent in accordance with Section 9.6(a) hereof) is equal to or greater than 1.10: 1.0, then the Applicable Margin as to the Interest Rate for Eurodollar Rate Loans shall be reduced to a rate of five and one-quarter (5.25%) percent per annum as of the date of the receipt by Agent of such financial statements. 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. View More

Applicable Margin. For each period commencing on an Adjustment Date through the date immediately preceding the next Adjustment Date (each a "Rate Adjustment Period"), the Applicable Margin shall be the applicable margin per annum set forth in the table below opposite to the Borrower's applicable EBITDA as determined for the applicable period consisting of the twelve (12) consecutive months ending on or about the calendar quarter ending immediately prior to the applicable Rate Adjustment Period pertaining to such... Adjustment Date : LEVEL EBITDA LIBOR RATE APPLICABLE MARGIN BASE RATE APPLICABLE MARGIN I Greater than or equal to $42,500,000 1.75 % 0.00 % II Greater than or equal to $30,000,000 and less than $42,500,000 2.00 % 0.50 % III Less than $30,000,000 2.25 % 0.75 % Notwithstanding the foregoing, (i) effective July 1, 2004, the Applicable Margin shall be set at the amount set forth opposite Level I above until the date immediately preceding the next Adjustment Date and (ii) if on any Adjustment Date the Borrower's GAAP EBITDA is greater than or equal to $42,500,000 as determined for the period consisting of the twelve (12) consecutive months ending on or about the calendar quarter ended immediately prior to such Adjustment Date, than for the Rate Adjustment Period applicable to such Adjustment Date the LIBOR Rate Applicable Margin shall equal 1.50% and the Base Rate Applicable Margin shall equal 0.00%. Furthermore, any delay by the Borrower in delivering the financial statements and reports required to be delivered by the Borrower pursuant to Section 6.5 shall, at the Agent's option, result in the Applicable Margin being set at the amount set forth opposite Level III above or such other Level as determined by the Agent until the next Adjustment Date. View More

Applicable Margin. Means the percentages set forth below, calculated based on the Cash Flow Leverage Ratio for the most recently ended period of four consecutive fiscal quarters: Applicable Margin LIBOR Base Rate Cash Flow Leverage Ratio: Advances Advances: Less than 1.00 to 1.00: 1.5 % ... 0.0 % Greater than or equal to 1.00 to 1.00 but less than 2.00 to 1.00: 2.00 % 0.0 % Greater than or equal to 2.00 to 1.00 but less than 2.50 to 1.00: 2.25 % 0.0 % Greater than or equal to 2.50 to 1.00 but less than 3.00 to 1.00: 2.50 % 0.25 % Greater than or equal to 3.00 to 1.00: 3.00 % 0.50 % Notwithstanding the foregoing, the Applicable Margin shall initially be 1.75% for LIBOR Advances and -.75% for Base Rate Advances until and including September 30, -5- 2007. Commencing September 30, 2007, the Applicable Margin shall be adjusted once each fiscal quarter effective as of the date 45 days after the end of each fiscal quarter based on the Cash Flow Leverage Ratio for the period of four consecutive fiscal quarters as reported in the quarterly or annual financial statements delivered by such times, as certified by the Borrower's financial officer. In the event that such financial statements are not delivered as required by Section 5.1(a) or 5.1(b), the Applicable Margin shall be the percentage in effect for the preceding quarter set forth above until such time as such financial statements are delivered, after which time the Applicable Margin shall be readjusted retroactive to the 45th day following the previous quarter end to the rate applicable to the Cash Flow Leverage Ratio applicable to such statements. View More

Applicable Margin. For each Type of Loan under each Facility, the rate per annum set forth opposite such Facility under the relevant column heading below: Base Rate Loans Eurodollar Loans Revolving Credit Facility(including Swing Line Loans) 2.25 % 3.25 % Tranche A Term Loan Facility 2.25 % 3.25 % Tranche C Term Loan Facility ... 1.75 % 2.75 % 2 provided, that (i) on and after the first Adjustment Date occurring after the completion of two full fiscal quarters of the Borrower after the Closing Date, the Applicable Margins with respect to Revolving Credit Loans, Swing Line Loans and Tranche A Term Loans will be determined pursuant to the Pricing Grid and (ii) if, at any time after the completion of two full fiscal quarters of the Borrower after the First Amendment Effective Date, the Consolidated Leverage Ratio measured as of the last day of the most recently ended fiscal quarter of the Borrower is less than 4.00:1.00, the Applicable Margins with respect to Tranche C Term Loans shall be reduced, on the date financial statements with respect to such fiscal quarter are delivered to the Lenders in accordance with Section 6.1, to 1.50%, in the case of Base Rate Loans, and 2.50%, in the case of Eurodollar Loans. View More

Applicable Margin. Means: (a) Other than as set forth in clause (b) below in this definition of "Applicable Margin," on any date of its determination, a percentage per annum, determined by reference to the Utilization in effect at BNPP's close of business in New York City on such date for the Type of Loan or the Commitment Fee as set forth below: Applicable Margin ... Applicable Margin for Eurodollar Rate Applicable Margin Utilization for Base Rate Loans Loans for Commitment Fees < 25% 1.00 % 2.50 % 0.50 % => 25% < 50% 1.25% 2.75% 0.50% => 50% < 75% 1.50% 3.00% 0.50% => 75% 1.75 % 3.25 % 0.50 % (b) On any date of its determination during the period from the Fifth Amendment Effective Date to, and including, the date the Administrative Agent receives the financial statements and corresponding Compliance Certificate reflecting an Interest Coverage Ratio greater than or equal to 2.25 to 1.00, a percentage per annum, determined by reference to the Utilization in effect at BNPP's close of business in New York City on such date for the Type of Loan or the Commitment Fee as set forth below: Applicable Margin Applicable Margin for Eurodollar Rate Applicable Margin Utilization for Base Rate Loans Loans for Commitment Fees < 25% 1.25 % 2.75 % 0.75 % => 25% < 50% 1.50% 3.00% 0.75% => 50% < 75% 1.75% 3.25% 0.75% =>75% 2.00 % 3.50 % 0.75 % As to both clause (a) and (b) above, the Applicable Margin shall increase by 2.00% during any Deficiency Period. Furthermore, in the event that any financial statement or Compliance Certificate delivered to the Administrative Agent reflecting an Interest Coverage Ratio greater than or equal to 2.25 to 1.00 is shown to be inaccurate for any reason (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, would have led to the application of a higher Applicable Margin for any period (an "Applicable Period") than the Applicable Margin applied for such Applicable Period, then (i) the Borrower shall immediately deliver to the Administrative Agent a corrected Compliance Certificate for such Applicable Period, (ii) the Applicable Margin shall be determined as if the higher Applicable Margin that would have applied were applicable for such Applicable Period, and (iii) the Borrower shall immediately, without further action by the Administrative Agent or any Lender, pay to the Administrative Agent for the account of the applicable Lenders, the accrued additional interest owing as a result of such increased Applicable Margin for such Applicable Period. The preceding sentence shall not limit the rights of the Administrative Agent and Lenders with respect to the default rate of interest as set forth in Section 2.10 or the increase in Applicable Margin during any Deficiency Period. The Borrower's obligations under the preceding sentence shall survive the termination of the Revolving Commitments and the repayment of all other Obligations hereunder. View More

Applicable Margin. Shall mean (a) with respect to LIBOR Advances, 3.00% per annum and (b) with respect to Base Rate Advances, 0.00% per annum..

Applicable Margin. Means, at all times during the applicable periods set forth below: (a) from the Closing Date to (but excluding) the Acquisition Date, (i) with respect to Term Loans and Revolving Loans maintained as LIBO Rate Loans, 3.25% and (ii) with respect to Term Loans and Revolving Loans maintained as Base Rate Loans, 2.25%; and (b) at all times from and after the Acquisition Date, (i) with respect to Term Loans and Revolving Loans maintained as LIBO Rate Loans, 2.75% and 2.50%, respectively,... and (ii) with respect to Term Loans and Revolving Loans maintained as Base Rate Loans, 1.75% and 1.50% respectively; provided, however, if the Acquisition is not consummated by the Delayed Draw Term B Commitment Termination Date, the Applicable Margin shall be as set forth in clause (a) above (provided that the failure to consummate the Acquisition is not solely as a result of the failure of the Lenders to fund the Delayed Draw Term B Loans on the terms set forth 2 herein, as determined by a court of competent jurisdiction in a final proceeding). Notwithstanding anything to the contrary in the foregoing, at any time after the Acquisition Date, if the Leverage Ratio is less than or equal to 3:25:1 and no Default or Event of Default has occurred and is continuing, the Applicable Margin with respect to Term Loans and Revolving Loans maintained as LIBO Rate Loans or Base Rate Loans shall be permanently reduced in each case by 0.25%. A change in the Applicable Margin resulting from a change in the Leverage Ratio shall become effective upon delivery (after the Acquisition Date) by the Borrowers to the Administrative Agent of a Compliance Certificate pursuant to clause (c) of Section 7.1.1, and, subject to clause (c) of Section 4.7, the Leverage Ratio set forth in such Compliance Certificate shall be used to compute the Applicable Margin. View More

Applicable Margin. Applicable Margin means, for any day and with respect to all Loans maintained as Eurodollar Loans or ABR Loans, the applicable percentage set forth below corresponding to the Utilization Percentage Share: If the Utilization Percentage Share is: Then the Applicable Margin for Eurodollar Loans is: Then the Applicable Margin for ABR Loans is: Commitment Fee is: Greater than or equal to 90% ... 3.0% 1.75% 0.50% Greater than or equal to 75% but less than 90% 2.75% 1.50% 0.50% Greater than or equal to 50% but less than 75% 2.50% 1.25% 0.50% Greater than or equal to 25% but less than 50% 2.25% 1.00% 0.50% Less than 25% 2.00% 0.75% 0.50% If at any time the Borrower fails to deliver a Reserve Report or Probable and Possible Report pursuant to Section 2.8.2 or 2.8.3, then the "Applicable Margin" means the rate per annum set forth on the grid when the Utilization Percentage Share is at its highest level until such time as such Reserve Report and such Probable and Possible Report have been delivered. View More

Applicable Margin. 2.25% for Eurodollar Loans and 1.25% for ABR Loans.

Applicable Margin. In Exhibit I shall be deleted in its entirety.