Amendment Certain Definitions in Section 1 Clause Samples

Amendment Certain Definitions in Section 1. 1. Effective as of the Amendment Date, each of the following definitions in Section 1.1 of the Loan and Security Agreement is hereby amended and restated to read as follows, respectively: Applicable Margin — with respect to any Type of Revolving Loan, on any day, the per annum percentage set forth below, as determined by Average Availability calculated for Borrower for the preceding completed Fiscal Quarter of Borrower: I Less than $40,000,000 1.50 % 2.75 % II Greater than or equal to $40,000,000 and equal to or less than $80,000,000 1.25 % 2.50 % III Greater than $80,000,000 1.0 % 2.25 % Subject to the terms of this Agreement, the Applicable Margin shall be subject to increase or decrease, effective as of the first day of the next succeeding Fiscal Quarter following a completed Fiscal Quarter as provided above. Average Availability — for any period of a completed Fiscal Quarter, the average of the daily amount of Availability for such period, provided, that solely for purposes of calculating the Applicable Margin, Average Availability shall be determined without reference to clause (a) of the definition of Borrowing Base. Termination Date — the earliest to occur of (a) ▇▇▇▇▇ ▇▇, ▇▇▇▇, (▇) the date on which the Borrowers terminate the Revolving Commitments pursuant to Section 2.1.4, or (c) the date on which the Revolving Commitments are terminated pursuant to Section 11.2.