Definition of Applicable Percentage. The tables set forth in the definition of "Applicable Percentage" in Section 1.1 of the Credit Agreement are hereby amended and restated in their entirety to read as follows:
Definition of Applicable Percentage. For purposes of this Section 6.04(A)(8), the Applicable Percentage is based on the Survivor Annuity percentage under the Plan's QJSA. If the Survivor Annuity percentage is less than 75%, then the Applicable Percentage is 75%. If the Survivor Annuity percentage is greater than or equal to 75%, the Applicable Percentage is 50%.
Definition of Applicable Percentage. The last sentence of the definition of “Applicable Percentage” contained in Section 1.01 of the Credit Agreement is hereby amended and restated to read as follows: The Applicable Percentage of each Lender as of the Flex Amendment Effective Date is set forth opposite the name of such Lender (i) on Part A of Schedule 2.01 at any time during the Flex Period, (ii) on Part B of Schedule 2.01 at any time other than during the Flex Period, or (iii) with respect to any Lender that becomes a party to this Agreement after the Flex Amendment Effective Date, as set forth in the Assignment and Assumption pursuant to which such Lender becomes a party hereto, as applicable, in each case as such amount may be adjusted from time to time in accordance with this Agreement.
Definition of Applicable Percentage. The definition of “Applicable Percentage” set forth in Section 1.01 of the Credit Agreement is hereby amended and restated as follows:
Definition of Applicable Percentage. (a) The matrix in the definition of “Applicable Percentage” in Section 1.1 of the Credit Agreement is hereby amended and restated in its entirety as follows: I Greater than or equal to 2.0 to 1.0 2.25 % 1.25 % 0.375 % II Less than 2.0 to 1.0 but greater than or equal to 1.5 to 1.0 1.75 % 0.75 % 0.375 % III Less than 1.5 to 1.0 but greater than or equal to 1.0 to 1.0 1.50 % 0.50 % 0.300 % IV Less than 1.0 to 1.0 1.25 % 0.25 % 0.250 %
(b) The following is added as a new paragraph at the end of the definition of “Applicable Percentage”: Notwithstanding anything to the contrary, at any time that the Borrower is not a Current Filer prior to March 31, 2008 (i) the applicable LIBOR Margin and Base Rate Margin at all levels set forth above shall be increased by 0.50%, and (ii) the applicable LIBOR Margin and Base Rate Margin will be determined in accordance with Level I above (notwithstanding the actual Total Leverage Ratio).
Definition of Applicable Percentage. Article 2 of the Lease shall be amended by inserting the following definition of "Applicable Percentage" in its proper alphabetical order:
Definition of Applicable Percentage. For purposes of the Partnership Agreement, “Applicable Percentage” shall mean, subject to Section 8.3 and Section 8.4 of the Partnership Agreement, in the case of any Class B Unit held by you: (a) zero percent (0%) during the period commencing on the Sale Date and ending on the day before the first anniversary of the Sale Date; (b) fifty percent (50%) during the period commencing on the first anniversary of the Sale Date and ending on the day before the second (2nd) anniversary of the Sale Date; and (c) one hundred percent (100%) from and after the second (2nd) anniversary of the Sale Date. In addition, in the event of your Termination of Services is due to your death or Disability or in the event that your Services are terminated by the Partnership or its Subsidiaries without Cause at any time during the final six (6) months in any vesting year, the Applicable Percentage of your Class B Units shall include an additional pro-rata percentage determined on a quarterly basis and based on the number of completed quarters that have elapsed during such vesting year on or prior to the date of such Terminated Services.
Definition of Applicable Percentage. The definition of “Applicable Percentage” in Section 1 of the Credit Agreement is hereby amended by inserting the phrase “or joinder agreement contemplated by Section 2.15” into the last sentence of the definition after the words “Assignment and Assumption” and before the words “pursuant to which such Lender”.
Definition of Applicable Percentage. The last sentence of the definition of “Applicable Percentage” contained in Section 1.01 of the Credit Agreement is hereby amended and restated as follows: The Applicable Percentage of each Lender immediately after giving effect to the Second Amendment is set forth opposite the name of such Lender on Schedule 2.01 or in the Assignment and Assumption pursuant to which such Lender becomes a party hereto, as applicable.
Definition of Applicable Percentage. The pricing grid in the definition of "Applicable Percentage" set forth in Section 1.1 of the Credit Agreement is hereby amended and replaced in its entirety by the following pricing grid: ====================================================================================================================== | | | Applicable Percentage | | | |------------------------------------------------------------------------------------------------ | | | Eurodollar Rate Loans | Base Rate Loans | | | | | | |---------------------------|--------------------------| | | | | | | Revolving | | Revolving | | | | | |Pricing| Leverage | Loans and | Tranche B | Loans and | Tranche B | Standby | Commercial | | | Level | Ratio | Tranche A | Term | Tranche A | Term | Letter of | Letter of | Commitment | | | | Term Loans | Loans | Term Loans | Loans | Credit Fee | Credit Fee | Fee | |-------|------------|-------------|-------------|-------------|------------|------------|--------------|------------| | | | | | | | | | | | | < 2.0 to | | | | | | | | | | - | | | | | | | | | I | 1.0 | 1.50% | 2.25% | 0.50% | 1.25% | 1.50% | 0.75% | 0.250% | |-------|------------|-------------|-------------|-------------|------------|------------|--------------|------------| | | | | | | | | | | | | < 2.75 to | | | | | | | | | | - | | | | | | | | | II | 1.0 but | 1.75% | 2.25% | 0.75% | 1.25% | 1.75% | 0.875% | 0.300% | | | > 2.0 to | | | | | | | | | | 1.0 | | | | | | | | |-------|------------|-------------|-------------|-------------|------------|------------|--------------|------------| | | | | | | | | | | | III | < 3.50 to | 2.00% | 2.25% | 1.00% | 1.25% | 2.00% | 1.00% | 0.375% | | | - | | | | | | | | | | 1.0 but | | | | | | | | | | > 2.75 to | | | | | | | | | | 1.0 | | | | | | | | |-------|------------|-------------|-------------|-------------|------------|------------|--------------|------------| | | | | | | | | | | | IV | > 3.50 to | 2.25% | 2.25% | 1.25% | 1.25% | 2.25% | 1.125% | 0.500% | | | 1.0 | | | | | | | | =====================================================================================================================
