Applicable Percentages. Any Loan requested on a Credit Date shall be made by the applicable Lenders simultaneously and proportionately to their respective Applicable Percentages, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.
Applicable Percentages. The Applicable Percentage for Corporate Pool RALs shall be 40%; provided, however, the Applicable Percentage for Corporate Pool RALs shall be 49.999999% for each Tax Period during which HSBC TFS (or any of its Affiliates) is the exclusive facilitator of a Refund Anticipation Check Service to customers of Block Offices owned by Block Services, Corporate Franchisees and any of Block Services’ Affiliates. The Applicable Percentage for a Major Franchisee Pool RAL shall be 25%. Notwithstanding the foregoing provisions of this Section 2.5, any Applicable Percentage (a) for a particular Tax Period may be such lesser percentage as specified by BFC by giving written notice to HSBC TFS on or before September 1 immediately prior to such Tax Period (it being understood that (i) such lesser percentage shall pertain only to the particular Tax Period for which such notice is given and (ii) if no such notice is given for a particular Tax Period, the Applicable Percentages shall be the percentages as set forth in this Section 2.5), or (b) for any portion of a particular Tax Period shall be reduced to zero if BFC has exceeded its internal funding limit (it being understood that (i) the reduction of the percentage to zero shall only be in effect during the periods of time BFC has exceeded its internal funding limit and (ii) for the periods of time BFC has not exceeded its internal funding limit, the Applicable Percentages shall be the percentages as set forth in this Section 2.5).
Applicable Percentages. The Applicable Percentages for Revolving Loans and the Facility Fee shall be based upon the Consolidated Leverage Ratio as set forth below. Category 1If the Consolidated Leverage Ratio is greater than or equal to 3.00 to 1.00, the Applicable Percentage shall be 4.00% for Eurocurrency Loans, 3.00% for ABR Loans and 0.50% for the Facility Fee.Category 2If the Consolidated Leverage Ratio is greater than or equal to 1.50 to 1.00 but less than 3.00 to 1.00, the Applicable Percentage shall be 3.75% for Eurocurrency Loans, 2.75% for ABR Loans and 0.50% for the Facility Fee.Category 3If the Consolidated Leverage Ratio is less than 1.50 to 1.00, the Applicable Percentage shall be 3.50% for Eurocurrency Loans, 2.50% for ABR Loans and 0.50% for the Facility Fee.Each change in the Applicable Percentage resulting from a change in the Consolidated Leverage Ratio shall be effective with respect to all Loans, Commitments and Letters of Credit on the date of delivery to the Administrative Agent of the financial statements and certificate required by Section 5.04(a) or (b) and Section 5.04(c) of the Credit Agreement, respectively, based upon the Consolidated Leverage Ratio as of the end of the most recent fiscal quarter included in such financial statements so delivered, and shall remain in effect until the date immediately preceding the next date of delivery of such financial statements and certificate indicating another such change. Notwithstanding the foregoing, at any time after the occurrence and during the continuance of an Event of Default, the Consolidated Leverage Ratio shall be deemed to be in Category 1 for purposes of determining the Applicable Percentage.
Applicable Percentages. The Applicable Percentage of Shadow Rent to be paid by each Condominium Sublessee shall be equal to the following: (a) from the commencement of the term of its Condominium Sublease through December 31, 1995, ten and one-half percent (10.5%); (b) commencing upon January 1, 1996, and extending through December 31, 2015, twelve and one-half percent (12.5%); and (c) commencing on January 1, 2016, and extending through the end of the term of the Condominium Sublease, the percentage rate determined in accordance with Section 5.08B(3)(d) of the Master Lease; provided, however, that such percentage shall not be less than twelve and one-half percent (12.5%) nor more than fifteen percent (15%).
Applicable Percentages. The appli- cable percentage for taxable years be- ginning in 1987 through 1990 are as fol- lows: 1987: 35 percent 1988: 60 percent 1989: 80 percent 1990: 90 percent [T.D. 8168, 52 FR 48409, Dec. 22, 1987; 68 FR 13226, Mar. 19, 2003] § 1.163–10T Qualified residence inter- est (temporary).
Applicable Percentages. Section 8.01(d) Balance Sheet Section 4.05(a) CERCLA Section 4.19(b) Class A Preferred Shares Recitals Class B Preferred Shares Recitals Closing Section 1.02 Closing Date Section 1.02 Code Section 4.15(a) Common Shares Recitals Common Purchase Price Section 1.01 Commonly Controlled Entity Section 4.17(a) Company Preamble Company Contracts Section 4.09(b) Company Indebtedness Section 1.01 Company Material Adverse Effect Section 4.01(a) Company Plans Section 4.17(a) Confidentiality Agreement Section 6.04(a) Consent Section 2.03 Contract Section 2.03 Copyrights Section 4.08(a) Customer Agreements Section 4.08(a) DOJ Section 6.05(b) EBITDA Section 7.02(h) Environmental Law Section 4.19(b) ERISA Section 4.17(a) Escrow Section 1.03(e) Escrow Agent Section 1.03(e) Escrow Agreement Section 1.03(e) Financial Statements Section 4.05(a) Fixed Sales Bonuses Section 4.02 Foothill Facility Section 1.01 Form 8023 Section 6.09(e) FTC Section 6.05(b) GAAP Section 3.06(a) GE Cap-Eq Preamble GE Purchase Price Section 1.01 Governmental Entity Section 2.03 Hazardous Substance Section 4.19(b) HSR Act Section 2.03 including Section 10.05(b) indemnified party Section 8.04(a) Intellectual Property Section 4.08(a) Jostens Agreement Section 8.02(b) Judgment Section 2.03 Leased Property Section 4.07 Liens Section 4.06(a) Limited Covenants Section 8.01(b) Losses Section 8.01(a)
Applicable Percentages. The Applicable Percentage for Corporate Pool RALs shall be 40%; provided, however, the Applicable Percentage for Corporate Pool RALs shall be 49.999999% for each Tax Period during which BNB (or any of its Affiliates) is the exclusive provider of a Refund Anticipation Check Service to customers of Block Offices owned by Tax Services, its Corporate Satellites and any of their respective Affiliates (a "RAC Service Period"). The Applicable Percentage for Major Franchisee Pool RALs shall be 25% or such lesser percentage amounts provided for by Section 7.2 (it being understood that the Applicable Percentage for Major Franchisee Pool RALS may vary by Major Franchisee). Notwithstanding the foregoing provisions of this Section 2.5, any Applicable Percentage for a particular Tax Period may be such lesser percentage as specified by BFC by giving written notice to BNB on or before the September 1 immediately prior to such Tax Period (it being understood that (i) such lesser percentage shall pertain only to the applicable Tax Period and (ii) if no such notice is given for a particular Tax Period, the Applicable Percentages shall be the percentages as set forth in this Section 2.5).
Applicable Percentages. During the Forbearance Period, the ---------------------- Eurodollar Margin and Letter of Credit Fee (as referenced in the definition of "Applicable Percentage") shall be 350 basis points (3.50%), the Base Rate Margin (as referenced in the definition of "Applicable Percentage") shall be 250 basis points (2.50%) and the Commitment Fee (as referenced in the definition of "Applicable Percentage") shall be 50 basis points (0.50%).
Applicable Percentages. Notwithstanding anything to the contrary contained in this Agreement: (a) the Borrower may rescind any notice of prepayment given under this Section 2.04(a) in anticipation of a proposed refinancing of the credit facility provided hereunder if such refinancing is not consummated or is otherwise delayed; provided, that the Borrower shall promptly (but in any event within ten (10) Business Days after any such rescission) compensate each Secured Party for any loss, cost or expense incurred by such Secured Party and payable by the Borrower hereunder as a result thereof; and (b) notice of prepayment shall not be required with respect to prepayments of Loans that are effectuated pursuant to Section 2.04(c) or Section 2.04(d).
Applicable Percentages. For purposes of Section 6(g), the following percentages shall apply depending on the date of termination under Sections 6(a) – 6(e): Date of Termination Percentage [***]
