Common use of Applicable Eurodollar Margin Clause in Contracts

Applicable Eurodollar Margin. As used herein, the term "Applicable Eurodollar Margin", as applied to any Loan which is a Eurodollar Loan, means the rate per annum determined by the Administrative Agent in accordance with the Pricing Grid Table which appears below, based on the Company's Consolidated EBITDA/Interest Ratio and the following provisions. Initially, until changed hereunder in accordance with the following provisions, the Applicable Eurodollar Margin will be 42.50 basis points per annum. Changes in the Applicable Eurodollar Margin, based upon changes in the Company's Consolidated EBITDA/Interest Ratio as at the end of any fiscal quarter ending on or after the fiscal quarter ended on or nearest to December 31, 1999, shall become effective on the first day of the month following the receipt by the Administrative Agent pursuant to section 8.1(a) or (b) of the financial statements of the Company, accompanied by the certificate referred to in section 8.1(c), demonstrating the computation of such ratio, based upon the ratio in effect at the end of the applicable period covered (in whole or in part) by such financial statements; provided that if any financial statements referred to in section 8.1(a) or (b), or the related certificate referred to in section 8.1(c), are not timely delivered, the Administrative Agent may determine the Applicable Eurodollar Margin based upon a good faith estimate by the Treasury Manager of such ratio as in effect at the end of the applicable period to be covered (in whole or in part) by such financial statements, provided, further, that if upon delivery of such delinquent financial statements and related certificate, such financial statements indicate that such good faith estimate was incorrect and, as a result thereof, the Applicable Eurodollar Margin for any Loans was too low at such determination, the Applicable Eurodollar Margin for such Loans shall be increased, as appropriate, with retroactive effect to the date of the change made on the basis of such determination, and the Co-Borrowers will immediately pay to the Administrative Agent, for the account of the Lenders all additional interest due by reason of such increased Applicable Eurodollar Margin. Any changes in the Applicable Eurodollar Margin shall be determined by the Administrative Agent and the Administrative Agent will promptly provide notice of such determinations to the Treasury Manager and the Lenders. Any such determination by the Administrative Agent pursuant to this section 2.8(g) shall be conclusive and binding absent manifest error. PRICING GRID TABLE (Expressed in Basis Points)

Applicable Eurodollar Margin. As used herein, the term "Applicable Eurodollar MarginAPPLICABLE EURODOLLAR MARGIN", as applied to any Loan which is a Eurodollar Loan, means the particular rate per annum determined by the Administrative Agent in accordance with the Pricing Grid Table which appears below, based on the CompanyBorrower's ratio of Consolidated EBITDA/Interest Ratio Net Debt to Consolidated EBITDA and such Pricing Grid Table, and the following provisions. : (i) Initially, until changed hereunder in accordance with the following provisions, the Applicable Eurodollar Margin for General Revolving Loans will be 42.50 100 basis points per annum and the Applicable Eurodollar Margin for Term Loans will be 125 basis points per annum. (ii) Commencing with the fiscal quarter of the Borrower ended on or nearest to June 30, 1998, and continuing with each fiscal quarter thereafter, the Administrative Agent will determine the Applicable Eurodollar Margin for any Eurodollar Loan in accordance with the Pricing Grid Table, based on the Borrower's ratio of (x) Consolidated Net Debt as of the end of the fiscal quarter, to (y) Consolidated EBITDA for the Testing Period ended on the last day of the fiscal quarter, and identified in such Table. Changes in the Applicable Eurodollar Margin, Margin based upon changes in the Company's Consolidated EBITDA/Interest Ratio as at the end of any fiscal quarter ending on or after the fiscal quarter ended on or nearest to December 31, 1999, such ratio shall become effective on the first day of the month following the receipt by the Administrative Agent pursuant to section 8.1(a) or (b) of the financial statements of the CompanyBorrower, accompanied by the certificate and calculations referred to in section 8.1(c), demonstrating the computation of such ratio, based upon the ratio in effect at the end of the applicable period covered (in whole or in part) by such financial statements; provided that if . (iii) Notwithstanding the above provisions, during any period when (A) the Borrower has failed to timely deliver its consolidated financial statements referred to in section 8.1(a) or (b), or accompanied by the related certificate and calculations referred to in section 8.1(c), are not timely delivered(B) a Default under section 10.1(a) has occurred and is continuing, the Administrative Agent may determine the Applicable Eurodollar Margin based upon a good faith estimate by the Treasury Manager or (C) an Event of such ratio as in effect at the end of the applicable period to be covered (in whole or in part) by such financial statements, provided, further, that if upon delivery of such delinquent financial statements Default has occurred and related certificate, such financial statements indicate that such good faith estimate was incorrect and, as a result thereofis continuing, the Applicable Eurodollar Margin for any Loans was too low shall be the highest rate per annum indicated therefor in the Pricing Grid Table, regardless of the Borrower's ratio of Consolidated Net Debt to Consolidated EBITDA at such determination, the Applicable Eurodollar Margin for such Loans shall be increased, as appropriate, with retroactive effect to the date of the change made on the basis of such determination, and the Co-Borrowers will immediately pay to the Administrative Agent, for the account of the Lenders all additional interest due by reason of such increased Applicable Eurodollar Margin. time. (iv) Any changes in the Applicable Eurodollar Margin shall be determined by the Administrative Agent in accordance with the above provisions and the Administrative Agent will promptly provide notice of such determinations to the Treasury Manager Borrower and the Lenders. Any such determination by the Administrative Agent pursuant to this section 2.8(g2.8(h) shall be conclusive and binding absent manifest error. PRICING GRID TABLE (Expressed in Basis Points)EXPRESSED IN BASIS POINTS) ----------------------------------------- ----------------------- ------------------------ ------------------------- APPLICABLE RATIO OF EURODOLLAR MARGIN APPLICABLE EURODOLLAR CONSOLIDATED NET DEBT FOR APPLICABLE MARGIN FOR TO GENERAL REVOLVING FACILITY FEE RATE TERM LOANS CONSOLIDATED EBITDA LOANS ----------------------------------------- ----------------------- ------------------------ ------------------------- greater than or equal to 3.50 to 1.00 140 35 175 ----------------------------------------- ----------------------- ------------------------ ------------------------- greater than or equal to 3.00 to 1.00 but less than 3.50 to 1.00 120 30 150 ----------------------------------------- ----------------------- ------------------------ ------------------------- greater than or equal to 2.50 to 1.00 but less than 3.00 to 1.00 100 25 125 ----------------------------------------- ----------------------- ------------------------ ------------------------- greater than or equal to 2.00 to 1.00 but less than 2.50 to 1.00 80 20 100 ----------------------------------------- ----------------------- ------------------------ ------------------------- less than 2.00 to 1.00 60 15 75 ----------------------------------------- ----------------------- ------------------------ -------------------------

Applicable Eurodollar Margin. As used herein, the term "Applicable Eurodollar MarginAPPLICABLE EURODOLLAR MARGIN", as applied to any General Revolving Loan which is a Eurodollar Loan, means the particular rate per annum determined by the Administrative Agent in accordance with the Pricing Grid Table which appears below, based on the CompanyBorrower's Consolidated EBITDA/Interest Fixed Charge Coverage Ratio and such Pricing Grid Table, and the following provisions. : (i) Initially, until changed hereunder in accordance with the following provisions, the Applicable Eurodollar Margin will be 42.50 110 basis points per annum. (ii) Commencing with the fiscal quarter of the Borrower ended on or nearest to January 31, 2000, and continuing with each fiscal quarter thereafter, the Administrative Agent will determine the Applicable Eurodollar Margin for any Eurodollar Loan in accordance with the Pricing Grid Table, based on the Borrower's Fixed Charge Coverage Ratio for the Testing Period ended on the last day of the fiscal quarter, and identified in such Pricing Grid Table. Changes in the Applicable Eurodollar Margin, Margin based upon changes in the Company's Consolidated EBITDA/Interest such Fixed Charge Coverage Ratio as at the end of any fiscal quarter ending on or after the fiscal quarter ended on or nearest to December 31, 1999, shall become effective on the first day of the month following the receipt by the Administrative Agent pursuant to section 8.1(a) or (b) of the financial statements of the CompanyBorrower, accompanied by the certificate and calculations referred to in section 8.1(c), demonstrating the computation of such ratioFixed Charge Coverage Ratio, based upon the ratio Fixed Charge Coverage Ratio in effect at the end of the applicable period covered (in whole or in part) by such financial statements; provided that if . (iii) Notwithstanding the above provisions, during any period when (A) the Borrower has failed to timely deliver its consolidated financial statements referred to in section 8.1(a) or (b), or accompanied by the related certificate and calculations referred to in section 8.1(c), are not timely delivered(B) a Default under section 10.1(a) has occurred and is continuing, the Administrative Agent may determine the Applicable Eurodollar Margin based upon a good faith estimate by the Treasury Manager or (C) an Event of such ratio as in effect at the end of the applicable period to be covered (in whole or in part) by such financial statements, provided, further, that if upon delivery of such delinquent financial statements Default has occurred and related certificate, such financial statements indicate that such good faith estimate was incorrect and, as a result thereofis continuing, the Applicable Eurodollar Margin for any Loans was too low shall be the highest rate per annum indicated therefor in the Pricing Grid Table, regardless of the Borrower's Fixed Charge Coverage Ratio at such determination, the Applicable Eurodollar Margin for such Loans shall be increased, as appropriate, with retroactive effect to the date of the change made on the basis of such determination, and the Co-Borrowers will immediately pay to the Administrative Agent, for the account of the Lenders all additional interest due by reason of such increased Applicable Eurodollar Margin. time. (iv) Any changes in the Applicable Eurodollar Margin shall be determined by the Administrative Agent in accordance with the above provisions and the Administrative Agent will promptly provide notice of such determinations to the Treasury Manager Borrower and the Lenders. Any such determination by the Administrative Agent pursuant to this section 2.8(g2.6(g) shall be conclusive and binding absent manifest error. PRICING GRID TABLE (Expressed in Basis Points)EXPRESSED IN BASIS POINTS) ------------------------------------------------------------------------------- FIXED CHARGE COVERAGE RATIO APPLICABLE APPLICABLE FACILITY EURODOLLAR FEE RATE MARGIN ------------------------------------------------------------------------------- Greater than 2.00 to 1.00 75.00 25.00 ------------------------------------------------------------------------------- Equal to or greater than 1.85 80.00 32.50 to 1.00 and equal to or less than 2.00 to 1.00 ------------------------------------------------------------------------------- Equal to or greater than 1.75 to 100.00 37.50 1.00 and less than 1.85 to 1.00 ------------------------------------------------------------------------------- Equal to or greater than 110.00 40.00 1.625 to 1.00 and less than 1.75 to 1.00 ------------------------------------------------------------------------------- Less than 1.625 to 1.00 120.00 42.50 -------------------------------------------------------------------------------

Applicable Eurodollar Margin. As used herein, the term "Applicable Eurodollar MarginAPPLICABLE EURODOLLAR MARGIN", as applied to any Loan which is a Eurodollar Loan, means the particular rate per annum determined by the Administrative Agent in accordance with the Pricing Grid Table which appears below, based on the CompanyBorrower's ratio of Consolidated EBITDA/EBIT to Consolidated Interest Ratio Expense as referred to in section 9.8 and such Pricing Grid Table, and the following provisions. : (i) Initially, until changed hereunder in accordance with the following provisions, the Applicable Eurodollar Margin will be 42.50 100 basis points per annum, UNLESS a different initial Applicable Eurodollar Margin is determined by the Administrative Agent on the basis of the certificate delivered pursuant to section 6.1(h). (ii) Commencing with the fiscal quarter of the Borrower ended on or nearest to June 30, 1998, and continuing with each fiscal quarter thereafter, the Administrative Agent will determine the Applicable Eurodollar Margin for any Loan in accordance with the Pricing Grid Table, based on the Borrower's ratio of Consolidated EBIT to Consolidated Interest Expense for the Testing Period ended with such fiscal quarter, as referred to in section 9.8 and identified in such Table. Changes in the Applicable Eurodollar Margin, Margin based upon changes in the Company's Consolidated EBITDA/Interest Ratio as at the end of any fiscal quarter ending on or after the fiscal quarter ended on or nearest to December 31, 1999, such ratio shall become effective on the first day of the month following the receipt by the Administrative Agent pursuant to section 8.1(a) or (b) of the financial statements of the CompanyBorrower, accompanied by the certificate and calculations referred to in section 8.1(c), demonstrating the computation of such ratio, based upon the ratio in effect at the end of the applicable period covered (in whole or in part) by such financial statements; provided that if . (iii) Notwithstanding the above provisions, during any period when (A) the Borrower has failed to timely deliver its consolidated financial statements referred to in section 8.1(a) or (b), or accompanied by the related certificate and calculations referred to in section 8.1(c), are not timely delivered(B) a Default under section 10.1(a) has occurred and is continuing, the Administrative Agent may determine the Applicable Eurodollar Margin based upon a good faith estimate by the Treasury Manager or (C) an Event of such ratio as in effect at the end of the applicable period to be covered (in whole or in part) by such financial statements, provided, further, that if upon delivery of such delinquent financial statements Default has occurred and related certificate, such financial statements indicate that such good faith estimate was incorrect and, as a result thereofis continuing, the Applicable Eurodollar Margin for any Loans was too low shall be the highest rate per annum indicated therefor in the Pricing Grid Table, regardless of the Borrower's ratio of Consolidated EBIT to Consolidated Interest Expense at such determination, the Applicable Eurodollar Margin for such Loans shall be increased, as appropriate, with retroactive effect to the date of the change made on the basis of such determination, and the Co-Borrowers will immediately pay to the Administrative Agent, for the account of the Lenders all additional interest due by reason of such increased Applicable Eurodollar Margin. time; (iv) Any changes in the Applicable Eurodollar Margin shall be determined by the Administrative Agent in accordance with the above provisions and the Administrative Agent will promptly provide notice of such determinations to the Treasury Manager Borrower and the Lenders. Any such determination by the Administrative Agent pursuant to this section 2.8(g2.7(g) shall be conclusive and binding absent manifest error. PRICING GRID TABLE (Expressed in Basis Points).