Common use of CALCULATION AND DURATION OF ADJUSTMENT Clause in Contracts

CALCULATION AND DURATION OF ADJUSTMENT. On each Margin Adjustment Date, the Applicable LIBOR Margin shall be the Applicable LIBOR Margin set forth in the definition of "Applicable LIBOR Margin" which corresponds to the Borrower's Consolidated Total Funded Debt to EBITDA Ratio as of the Determination Date applicable to such Margin Adjustment Date. The Applicable LIBOR Margin effective as of a particular Margin Adjustment Date shall remain effective only until the next succeeding Margin Adjustment Date at which time the Applicable LIBOR Margin shall be recalculated pursuant to this Subsection (b); provided, however, that: (I) if at any time an Event of Default shall have occurred that has not been waived in writing by all of the Banks, or if the Borrower shall not have delivered as of any Margin Adjustment Date the financial statements required to have been delivered under Sections 0 and 0 of this Agreement, then, at the election of the Required Banks, the Applicable LIBOR shall immediately adjust to be eight-tenths of one percent (0.80%) per annum and (II) if an Event of Default shall have occurred which has not been waived in writing by the Required Banks, the interest rate shall, upon the request

Appears in 2 contracts

Samples: Credit Agreement (Om Group Inc), Credit Agreement (Om Group Inc)

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CALCULATION AND DURATION OF ADJUSTMENT. On each Margin Adjustment Date, the Applicable LIBOR Margin for each Type of Loan and Letters of Credit shall be the Applicable LIBOR Margin Margin, in each case, as set forth in the definition of "Applicable LIBOR Margin" such term set forth in this Agreement, which corresponds to the Borrower's Consolidated Total Funded Debt ratio of EBIT to EBITDA Ratio Interest Expense of the Borrower as of the Margin Determination Date applicable to such Margin Adjustment Date. The Applicable LIBOR Margin effective as of a particular Margin Adjustment Date shall remain effective only until the next succeeding Margin Adjustment Date at which time the Applicable LIBOR Margin shall be recalculated pursuant to this Subsection (bSection 2.10(b); provided, however, that: : (IA) if at any time an Event of Default shall have occurred that has not been waived in writing by all of the Banks, or if the Borrower shall not have delivered as of any Margin Adjustment Date the financial statements required to have been delivered under Sections 0 8.1(a) and 0 8.1(b) of this AgreementAgreement and the Lenders have not waived in writing the resulting Event of Default, then, at the election of the Required BanksLenders, the Applicable LIBOR Margin shall immediately adjust to be eightthe Applicable Margin set forth in Level V of the definition of Applicable Margin; provided, further, that, in the event the resulting Event of Default has been waived in writing by the Required Lenders, the Applicable Margin shall be re-tenths adjusted as soon as practicable after receipt of one percent such required financial statements and remain effective as adjusted only until the next succeeding Margin Adjustment Date, and (0.80%) per annum and (IIB) if an Event of Default shall have occurred which has not been waived in writing by the Required BanksLenders, the interest rate shall, upon the requestelection of the Required Lenders, be the interest rate applicable pursuant to Section 2.11 of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Diy Home Warehouse Inc)

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CALCULATION AND DURATION OF ADJUSTMENT. On each Margin Adjustment Date, the Applicable LIBOR Revolving Credit Margin shall be the Applicable LIBOR Revolving Credit Margin set forth in the definition of "Applicable LIBOR Revolving Credit Margin" which for Alternate Base Rate Advances or the LIBOR Rate Advances, as the case may be, and corresponds to the Borrower's Consolidated Total Funded Debt to EBITDA Fixed Charge Coverage Ratio as of the Determination Date applicable to such Margin Adjustment Date. The Applicable LIBOR Revolving Credit Margin effective as of a particular Margin Adjustment Date shall remain effective only until the next succeeding Margin Adjustment Date at which time the Applicable LIBOR Revolving Credit Margin shall be recalculated pursuant to this Subsection (b); providedPROVIDED, howeverHOWEVER, that: : (IA) if at any time an Event of Default shall have occurred that which has not been waived in writing by all of the Banks, Banks or if the Borrower shall not have delivered as of any Margin Adjustment Date the financial statements required to have been delivered under Sections 0 8.1(a) and 0 of this Agreement8.1(c), then, at then the election of the Required BanksApplicable Revolving Credit Margin shall be (a) with respect to Alternate Base Rate Advances, the Applicable LIBOR shall immediately adjust to be eight-tenths of Alternate Base Rate plus one percent (0.801.00%) per annum and (IIb) with respect to LIBOR Rate Advances, the London Interbank Offered Rate PLUS three percent (3.00%) per annum, and (B) if an Event of Default shall have occurred which has not been waived in writing by the Required Banks, the interest rate shall, upon the requestrequest of the Required Banks, be the interest rate applicable pursuant to 2.11 of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Curtis Sub Inc)

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