Aircraft Basic Price The Aircraft Basic Price is listed in Table 1 and is subject to escalation in accordance with the terms of this Purchase Agreement.
Pricing Errors Any material errors in the calculation of net asset value, dividends or capital gain information shall be reported immediately upon discovery to the Company. An error shall be deemed "material" based on our interpretation of the SEC's position and policy with regard to materiality, as it may be modified from time to time. Neither the Trust, any Fund, the Distributor, nor any of their affiliates shall be liable for any information provided to the Company pursuant to this Agreement which information is based on incorrect information supplied by or on behalf of the Company or any other Participating Company to the Trust or the Distributor.
Pricing Grid Pricing Level Leverage Ratio Applicable Margin for Eurodollar Loans Applicable Margin for Base Rate Loans Applicable Margin for Letter of Credit Fees Applicable Percentage for Commitment Fees I Greater than or equal to 2.50:1.00 3.25% per annum 2.25% per annum 3.25% per annum 0.50% per annum II Less than 2.50:1.00 but greater than or equal to 2.00:1.00 3.00% per annum 2.00% per annum 3.00% per annum 0.50% per annum III Less than 2.00:1.00 but greater than or equal to 1.50:1.00 2.75% per annum 1.75% per annum 2.75% per annum 0.45% per annum
Premium Prices Whenever Material is not readily obtainable at published or listed prices because of national emergencies, strikes or other unusual causes over which the Operator has no control, the Operator may charge the Joint Account for the required Material at the Operator's actual cost incurred in providing such Material, in making it suitable for use, and in moving it to the Joint Property; provided notice in writing is furnished to Non-Operators of the proposed charge prior to billing Non-Operators for such Material. Each Non-Operator shall have the right, by so electing and notifying Operator within ten days after receiving notice from Operator, to furnish in kind all or part of his share of such Material suitable for use and acceptable to Operator.
Payment Frequency As of the Cutoff Date and as shown on the books of CNHICA: (A) Receivables having an aggregate Statistical Contract Value of approximately 63.03% of the Aggregate Statistical Contract Value had annual scheduled payments, (B) Receivables having an aggregate Statistical Contract Value of approximately 2.95% of the Aggregate Statistical Contract Value had semi-annual scheduled payments, (C) Receivables having an aggregate Statistical Contract Value of approximately 0.69% of the Aggregate Statistical Contract Value had quarterly scheduled payments, (D) Receivables having an aggregate Statistical Contract Value of approximately 28.60% of the Aggregate Statistical Contract Value had monthly scheduled payments, and (E) the remainder of the Receivables had irregularly scheduled payments.
Pricing Schedule The Applicable Margin with respect to Commitment Fees and Advances (including, if applicable, Swingline Advances) shall be determined in accordance with the following Table based on the US Borrower’s Leverage Ratio as reflected in the Compliance Certificate delivered in connection with the financial statements most recently delivered pursuant to Section 5.2. Adjustments, if any, to such Applicable Margin shall be effective on the date the US Administrative Agent receives the applicable financial statements and corresponding Compliance Certificate as required by the terms of this Agreement. If the US Borrower fails to deliver the financial statements and corresponding Compliance Certificate to the US Administrative Agent at the time required pursuant to Section 5.2, then effective as of the date such financial statements and Compliance Certificate were required to be delivered pursuant to Section 5.2, the Applicable Xxxxxx with respect to Commitment Fees and Advances shall be determined at Level VI and shall remain at such level until the date such financial statements and corresponding Compliance Certificate are so delivered by the US Borrower. Initial pricing will be set at the level based on the US Borrower’s actual Leverage Ratio based on the pro forma compliance certificate delivered on the Closing Date (which is expected to be at Level III until the delivery of the compliance certificate and accompanying financial statements for the fiscal quarter ending September 30, 2014). Notwithstanding anything to the contrary contained herein, the determination of the Applicable Margin for any period shall be subject to the provisions of Section 2.10(f). For the voidance of doubt, the levels on the pricing grid set forth below are set forth from lowest (Level I) to the highest (Level VI). Leverage Ratio LIBOR or B/A Margin Base Rate or Canadian Prime Rate Margin Commitment Fee Level I <1.00x 175.0 bps 75.0 bps 37.5 bps Level II >1.00x; <1.50x 200.0 bps 100.0 bps 37.5 bps Level III >1.50x; <2.00x 225.0 bps 125.0 bps 50.0 bps Level IV >2.00x; <2.50x 250.0 bps 150.0 bps 50.0 bps Level V >2.50x; <3.00x 275.0 bps 175.0 bps 50.0 bps Level VI >3.00x 300.0 bps 200.0 bps 50.0 bps Schedule I-1 SCHEDULE II COMMITMENTS, CONTACT INFORMATION US ADMINISTRATIVE AGENT, US ISSUING BANK AND US LENDER, Notices: Principal/Interest/Fees HSBC Bank USA NA Corporate Trust & Loan Agency 0 Xxxx 00xx Xxxxxx, 0xx Xxxxx Xxx Xxxx, XX 00000 Attn: Agency Services Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: XXXXXX.XxxxXxxxxx@xx.xxxx.xxx Documentation Contact: HSBC Bank USA NA Corporate Trust & Loan Agency 0 Xxxx 00xx Xxxxxx, 0xx Xxxxx Xxx Xxxx, XX 00000 Attn: Transaction Management Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: XXXXXX.XxxxxxxxxxxXxxxxxxxxx@xx.xxxx.xxx CANADIAN ADMINISTRATIVE AGENT, CANADIAN ISSUING LENDER AND CANADIAN LENDER Credit Contact: HSBC Bank Canada 000 - 0xx Xxxxxx X.X. Xxxxxxx, Xxxxxxx X0X 0XX Xxxxxx Attn: Xxxxxxxx Xxxxx, Sr. Account Manager, Commercial Banking - Energy Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: Xxxxxxxx_xxxxx@xxxx.xx Administration Contact: HSBC Bank Canada 00xx Xxxxx, 00 Xxxx Xxxxxx Xxxxxxx, Xxxxxxx X0X 0X0 Xxxxxx Attn: Xxxxxx Xxxxxxxx, Agency Administrator Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: xxxxxxxxxxx0@xxxx.xx SYNDICATION AGENT, US SWINGLINE LENDER AND US LENDER Credit Contact: Xxxxx Fargo Bank, N.A. 0000 Xxxxxxxxx Xx., 0xx Xxxxx Xxxxxxx, Xxxxx 00000 Attn: Xxxx Xxxxxxxx Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: xxxxxxxx@xxxxxxxxxx.xxx Administration Contact: Xxxxx Fargo Bank, N.A. 0000 Xxxxxxxxx Xx., 0xx Xxxxx Xxxxxxx, Xxxxx 00000 Attn: Xxxxx Xxxx Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: xxxxx@xxxxxxxxxx.xxx CREDIT PARTIES Borrowers/Guarantors Address: c/o Nine Energy Service, Inc. Greenspoint Plaza 4 00000 Xxxxxxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attn: Xxx Xxx Fax: 000-000-0000 Schedule II-1 LENDERS TERM COMMITMENT REVOLVING COMMITMENT HSBC Bank Canada $ 1,250,000.00 $ 30,000,000 (Canadian) HSBC Bank USA, N.A. $ 8,981,481.48 $ 22,268,518.52 Xxxxx Fargo Bank, National Association $ 19,675,925.93 $ 42,824,074.07 Amegy Bank, N.A. $ 12,592,592.59 $ 27,407,407.41 JPMorgan Chase Bank, N.A. $ 12,592,592.59 $ 27,407,407.41 Bank of America, N.A. $ 12,592,592.59 $ 27,407,407.41 IberiaBank $ 6,296,296.30 $ 13,703,703.70 The Bank of Nova Scotia $ 6,296,296.30 $ 13,703,703.70 Regions Bank $ 4,722,222.22 $ 10,277,777.78 TOTAL: $ 85,000,000 $ 215,000,000 SCHEDULE 4.1 ORGANIZATIONAL INFORMATION US Credit Parties # Entity Name Type of Organization State of Formation 1. Nine Energy Service, Inc. Corporation Delaware
Supply Price In event BTC exercises the Supply Option, the Supply Agreement shall afford Auxilium supply terms for Year 1 that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for the year immediately preceding the Supply Date and supply terms for each successive year that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for each preceding year as applicable.
Determination Date Calculations; Application of Available Funds (a) On each Determination Date, the Servicer shall calculate the following amounts:
Cost of Living Increase The minimum fee set forth in this Schedule may increase annually upon each March 1 anniversary of this Agreement over the minimum fee during the prior 12 months, as calculated under this Schedule, in an amount equal to the increase in Pennsylvania Consumer Price Index (not to exceed 6% annually) as last reported by the U.S. Bureau of Labor Statistics for the twelve months immediately preceding such anniversary.
Return of Aircraft, Etc (a) If an Event of Default shall have occurred and be continuing and the Equipment Notes have been accelerated, subject to Section 4.03 hereof and unless the Owner Trustee or the Owner Participant shall have elected to purchase the Equipment Notes, at the request of the Mortgagee, the Owner Trustee shall promptly execute and deliver to the Mortgagee such instruments of title and other documents as the Mortgagee may deem necessary or advisable to enable the Mortgagee or an agent or representative designated by the Mortgagee, at such time or times and place or places as the Mortgagee may specify, to obtain possession of all or any part of the Mortgaged Property included in the Trust Indenture Estate to which the Mortgagee shall at the time be entitled hereunder. If the Owner Trustee shall for any reason fail to execute and deliver such instruments and documents after such request by the Mortgagee, the Mortgagee may (i) obtain a judgment conferring on the Mortgagee the right to immediate possession and requiring the Owner Trustee to execute and deliver such instruments and documents to the Mortgagee, to the entry of which judgment the Owner Trustee hereby specifically consents to the fullest extent permitted by Law, and (ii) pursue all or part of such Mortgaged Property wherever it may be found and, in the event that a Lease Event of Default has occurred and is continuing, may enter any of the premises of Lessee wherever such Mortgaged Property may be or be supposed to be and search for such Mortgaged Property and take possession of and remove such Mortgaged Property. All expenses of obtaining such judgment or of pursuing, searching for and taking such property shall, until paid, be secured by the Lien of this Trust Indenture.
