Common use of COMMENCEMENT; CONDITIONS Clause in Contracts

COMMENCEMENT; CONDITIONS. So long as no Event of Default shall have occurred which has not been waived in accordance with Section 13.1 of this Agreement, the Revolving Credit Alternate Base Rate Margin and the Revolving Credit LIBOR Margin, as the case may be, shall be as herein specified as of the Restatement Date and thereafter adjusted as of the first Business Day of April, June, September, and December occurring during any Fiscal Year, commencing on June 1, 2003 (each such date being herein referred to as a "Margin Adjustment Date"), so long as prior to each such Margin Adjustment Date the Administrative Agent shall have received: (A) the financial statements required by Section 6.1(a) for the Fiscal Quarter ending immediately prior to such Margin Adjustment Date, or where the Fiscal Quarter ending immediately prior to such Margin Adjustment Date is a Fiscal Year end, the financial statements required by Section 6.1(b) for such Fiscal Year ending immediately prior to such Margin Adjustment Date (each such Fiscal Quarter End and Fiscal Year end, a "Margin Determination Date") and (B) a certificate complying with Section 6.1(c) hereof certifying International's and its Subsidiaries' Consolidated Funded Debt to EBITDA Ratio for the Cumulative Four Quarter Period ending on each such date, beginning with the receipt of the March 31, 2003 required financial statement and certificate.

Appears in 1 contract

Samples: Credit and Security Agreement (Erico Products Inc)

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COMMENCEMENT; CONDITIONS. So long as no Event of Default shall have occurred which has not been waived in accordance with Section 13.1 of this Agreement, the Revolving Credit Term Alternate Base Rate Margin and the Revolving Credit Term LIBOR Margin, as the case may be, shall be as herein specified as of the Restatement Date and thereafter adjusted as of the first Business Day of April, June, September, and December occurring during any Fiscal Year, commencing on June 1, 2003 (each such date being herein referred to as a "Margin Adjustment Date"), so long as prior to each such Margin Adjustment Date the Administrative Agent shall have received: (A) the financial statements required by Section 6.1(a) for the Fiscal Quarter ending immediately prior to such Margin Adjustment Date, or where the Fiscal Quarter ending immediately prior to such Margin Adjustment Date is a Fiscal Year end, the financial statements required by Section 6.1(b) for such Fiscal Year ending immediately prior to such Margin Adjustment Date (each such Fiscal Quarter End and Fiscal Year end, a "Margin Determination Date") and (B) a certificate complying with Section 6.1(c) hereof certifying International's and its Subsidiaries' Consolidated Funded Debt to EBITDA Ratio for the Cumulative Four Quarter Period ending on each such date, beginning with the receipt of the March 31, 2003 required financial statement and certificate.

Appears in 1 contract

Samples: Credit and Security Agreement (Erico Products Inc)

COMMENCEMENT; CONDITIONS. So long as no Event of Default shall have occurred which is continuing and has not been waived in accordance with Section 13.1 of this Agreement14.1 hereof, the Revolving Credit Alternate Base Rate Applicable Margin and the Revolving Credit LIBOR Margin, as the case may be, shall be calculated as herein specified as of the Restatement Closing Date and thereafter adjusted as of the first Business Day day of April, June, September, and December occurring during any the calendar month of each Fiscal Year, Year commencing on June April 1, 2003 2000 (each such date being herein referred to as date, a "Margin Adjustment Date"), so long as if at least three (3) Business Days prior to each such Margin Adjustment Date Date, the Administrative Agent shall have received: (A) the financial statements required by Section 6.1(a7.1(a) for the Fiscal Quarter ending immediately prior to such Margin Adjustment DateDate or, or where the Fiscal Quarter ending immediately prior to such Margin Adjustment Date is a Fiscal Year end, the financial statements required by Section 6.1(b7.1(b) for such Fiscal Year ending immediately prior to such Margin Adjustment Date (each such Fiscal Quarter End end and Fiscal Year end, a "Margin Determination Date") and (B) in each case, a certificate complying with Section 6.1(c7.1(c) hereof certifying International's and its Subsidiaries' Consolidated Total Funded Debt to Adjusted EBITDA Ratio of Instron Corporation and its consolidated Subsidiaries for the Cumulative Four Quarter applicable Testing Period ending on each as of such date, beginning with the receipt of the March 31, 2003 required financial statement and certificateMargin Determination Date.

Appears in 1 contract

Samples: Credit and Security Agreement (Instron Lawrence Corp)

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COMMENCEMENT; CONDITIONS. So long as no Event of Default shall have occurred which has not been waived in accordance with Section 13.1 writing by all of this Agreementthe Banks, the Revolving Credit Alternate Base Rate Applicable Margin and the Revolving Credit LIBOR Margin, as the case may be, shall be calculated as herein specified as of the Restatement Closing Date and thereafter adjusted as of the first Business Day day of April, June, September, each July and December January occurring during any Fiscal Year, Year commencing on June January 1, 2003 1999 (each such date being herein referred to as a "Margin Adjustment Date"), so long as prior to each such Margin Adjustment Date commencing after the Administrative date the Agent shall have received: (A) the in respect of any Margin Adjustment Date made as of any first day of January, financial statements required by Section 6.1(aSections 8.1(a) and 8.1(b) for the Fiscal Quarter Month ending on June 30 of immediately prior to such Margin Adjustment Date, or where the preceding Fiscal Quarter ending immediately prior to Year during which such Margin Adjustment Date is occurring (each a Fiscal Year end"January Determination Date") or (B) in respect of any Margin Adjustment Date made as of any first day of July, the financial statements required by Section 6.1(bSections 8.1(a) and 8.1(c) for such the Fiscal Year ending immediately prior to preceding the Fiscal Year during which such Margin Adjustment Date is occurring (each, together with each such Fiscal Quarter End and Fiscal Year endJanuary Determination Date, a "Margin Determination Date") and (BC) in each case, a certificate complying with Section 6.1(c8.1(d) hereof certifying Internationalthe Borrower's and its Subsidiaries' Consolidated Funded Debt to EBITDA Fixed Charge Coverage Ratio for the Cumulative Four Fiscal Quarter Period ending on each as of any such date, beginning with the receipt of the March 31, 2003 required financial statement and certificateDetermination Date.

Appears in 1 contract

Samples: Credit and Security Agreement (Curtis Sub Inc)

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