Common use of Interest Rate Protection Clause in Contracts

Interest Rate Protection. Within 90 days after the Closing Date, obtain interest rate protection for a period of at least three years on a notional amount of the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably satisfactory to the Administrative Agent and the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Swisher International Group Inc), Credit Agreement (Swisher International Group Inc)

AutoNDA by SimpleDocs

Interest Rate Protection. Within No later than 90 days after following the Closing Date, obtain interest rate protection Date the Borrowers shall enter into one or more Rate Protection Agreements for a period of at least three years on a notional amount the remaining life to maturity of the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on terms and conditions otherwise in form and substance reasonably satisfactory to the Administrative Agent and Agent, with respect to the Lendersnotional amount of the Loans such that not less than 50% of the Loans outstanding at any time are subject to such interest rate protection agreements. On the date that the Rate Protection Agreements are entered into, an Authorized Officer of the Borrowers shall deliver duly executed counterparts of the Assignment of Rate Protection Agreement.

Appears in 2 contracts

Samples: Construction Loan Agreement (Las Vegas Sands Corp), Construction Loan Agreement (Las Vegas Sands Inc)

Interest Rate Protection. Within 90 Not later than ninety (90) days after the Closing Date, the Borrowers will obtain interest rate protection for a period of at least three years on a notional amount of the principal amount of the Term Loans, on and at a weighted average basis taking into account scheduled amortization payments, on terms rate and conditions reasonably tenor satisfactory to the Administrative Agent and the LendersAgent.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Holmes Products Corp), Revolving Credit and Term Loan Agreement (Holmes Group Inc)

Interest Rate Protection. Within 90 No later than ninety (90) days after following the Closing Date, obtain Borrowers shall maintain, or cause to be maintained, in effect one or more Interest Rate Agreements, or otherwise fix the interest rate protection on an amount of Indebtedness, for a period term of at least not less than three (3) years on a notional and pursuant to which an amount equal to not less than 50% of the principal amount of the Initial Term LoansLoans shall be subject to Interest Rate Agreements or otherwise fixed, on a weighted average basis taking into account scheduled amortization payments, on terms in each case in form and conditions substance reasonably satisfactory to the Administrative Agent and the LendersAgent.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)

Interest Rate Protection. Within 90 ninety (90) days after of the Closing Restatement Effective Date, obtain the Borrower shall enter into, and thereafter maintain, Rate Contracts providing protection against fluctuations in interest rate protection for a period of rates with one or more financial institutions with respect to at least three years on a notional fifty percent (50%) of the sum of the amount of the principal amount of Aggregate Term Loan Commitment on the Term Loansdate hereof, on which agreements shall provide for not less than a weighted average basis taking into account scheduled amortization payments, on three (3) year term and containing such other terms as are customary and conditions are reasonably satisfactory to the Administrative Agent and the LendersAgent.

Appears in 2 contracts

Samples: Credit Agreement (Panther Expedited Services, Inc.), Credit Agreement (Panther Expedited Services, Inc.)

Interest Rate Protection. Within 90 days No later than the 120th day after the Closing Date, obtain interest rate protection Borrowers shall enter into, and for a period minimum of at least three 2 years on a notional amount of the principal amount of the Term Loansthereafter maintain, on a weighted average basis taking into account scheduled amortization payments, on Interest Rate Agreements with terms and conditions reasonably satisfactory acceptable to the Administrative Agent that result in at least 40% of the aggregate principal amount of Term Loans, the Second Lien Loans and any Refinancing Indebtedness in respect thereof being effectively subject to a fixed or maximum interest rate reasonably acceptable to the LendersAdministrative Agent.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Emdeon Inc.), First Lien Credit Agreement (Emdeon Inc.)

Interest Rate Protection. Within 90 ninety (90) days after the Closing Date, obtain interest rate protection Borrowers shall obtain, and shall thereafter maintain in effect for a period of at least three not less than two years on a one or more Interest Rate Agreements with respect to the Loans, in an aggregate notional amount of the principal amount of the Term Loansnot less than $37,500,000, on a weighted average basis taking into account scheduled amortization payments, on terms each such Interest Rate Agreement to be in form and conditions reasonably substance satisfactory to the Administrative Agent and the LendersAgent.

Appears in 2 contracts

Samples: Credit Agreement (Goss Graphic Systems Inc), Credit Agreement (Goss Graphic Systems Inc)

Interest Rate Protection. Within 90 At all times after the date which is ninety (90) days after the Closing Date, obtain interest rate protection Company shall maintain, or caused to be maintained, in effect one or more Interest Rate Agreements for a period of at least three years on a notional amount equal to at least 50% of the outstanding aggregate principal amount of the Term Loans, on Loans and the Multicurrency Facility Loans and for a weighted average basis taking into account scheduled amortization payments, on terms term of not less than three years from the Closing Date and conditions otherwise in form and substance reasonably satisfactory to the Administrative Agent and the LendersGlobal Agent.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Stryker Corp), Credit and Guaranty Agreement (Stryker Corp)

Interest Rate Protection. Within The Borrowers shall obtain, on or within 90 days after the Closing Date, obtain interest rate protection having terms and with counterparties reasonably satisfactory to the Administrative Agent as shall result in effectively limiting the interest cost to the Borrowers of 50% of the aggregate Dollar Equivalent principal amount of then outstanding Term Loans for a period of at least three years on a notional amount of from the principal amount of date the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably satisfactory to the Administrative Agent and the Lendersinitial interest rate protection was obtained.

Appears in 2 contracts

Samples: Credit Agreement (Mettler Toledo Holding Inc), Credit Agreement (Mettler Toledo Holding Inc)

Interest Rate Protection. Within In the case of the Borrowers, within 90 days after the Closing Date, obtain enter into Interest Rate Protection Agreements with one or more of the Lenders providing interest rate protection with respect to at least $25,000,000 of the Term Loans for a period of at least three years 24 months at an interest rate not higher than 3% above the Eurodollar Rate that would be applicable to a six-month Interest Period commencing on a notional amount of the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably satisfactory to the Administrative Agent and the LendersClosing Date.

Appears in 2 contracts

Samples: Credit Agreement (Kirklands Inc), Credit Agreement (Kirklands Inc)

Interest Rate Protection. Within 90 days No later than the 120th day after the Closing Date, obtain interest rate protection Borrowers shall enter into, and for a period minimum of 2 years thereafter maintain, Interest Rate Agreements with terms and conditions reasonably acceptable to the Administrative Agent that result in at least three years on a notional amount 40% of the aggregate principal amount of the Loans and the Term Loans, on Loans under the First Lien Credit Agreement and any Refinancing Indebtedness in respect thereof being effectively subject to a weighted average basis taking into account scheduled amortization payments, on terms and conditions fixed or maximum interest rate reasonably satisfactory acceptable to the Administrative Agent and the LendersAgent.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Emdeon Inc.), Second Lien Credit Agreement (Emdeon Inc.)

Interest Rate Protection. Within 90 days after the Initial Closing Date, the Borrower shall obtain interest rate protection for a period of at least three years on a notional amount of the principal amount of the Term Loansand keep in effect one or more Interest Rate Protection Agreements, on a weighted average basis taking into account scheduled amortization payments, on terms each in form and conditions substance reasonably satisfactory to the Administrative Agent and the LendersAgent, covering at least $30,000,000, in each case for an aggregate period of not less than two years.

Appears in 1 contract

Samples: Credit Agreement (Ameripath Inc)

Interest Rate Protection. Within 90 180 days after the Closing Date, obtain interest enter into one or more Interest Rate Protection Agreements for an amount which (when added to the fixed rate protection for a period Indebtedness of the Borrower and its Subsidiaries) is at least three years on a notional amount equal to 50% of the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, Consolidated Total Debt on terms and conditions reasonably satisfactory to the Administrative Agent and the LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Key Energy Group Inc)

Interest Rate Protection. Within 90 Maintain, commencing within one hundred twenty (120) days after of the Closing Date, obtain a Hedging Agreement with a minimum notional amount equal to the lesser of (a) $70,000,000 or (b) fifty percent (50%) of the outstanding Term Loans and at an interest rate protection for a period of at least three years on a notional amount of the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on and upon other terms and conditions reasonably satisfactory to the Administrative Agent and the LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Interest Rate Protection. Within At all times after the date that is 90 days after the Closing DateDate and if required by Administrative Agent in its sole discretion, obtain interest rate protection for a period of at least three years on a Borrowers shall maintain in effect one or more Interest Rate Agreements with respect to the Term Loans, in an aggregate notional principal amount of not less than 33% of the aggregate outstanding principal amount balance of the Term Loans, on which Interest Rate Agreements shall effectively limit that component of the interest costs to Borrowers in respect of a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably satisfactory to the Administrative Agent and the LendersEurodollar Rate Loan for a period of not less than one year.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Amf Bowling Worldwide Inc)

Interest Rate Protection. Within 90 No later than thirty (30) days after the Closing Date, obtain the Borrower shall enter into Interest Rate Protection Agreements reasonably acceptable to the Administrative Agent establishing a fixed or maximum interest rate protection reasonably acceptable to the Administrative Agent for an aggregate notional principal amount equal to at least $30,000,000 for a period of at least three five years on a notional amount of from the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably satisfactory to the Administrative Agent and the LendersClosing Date.

Appears in 1 contract

Samples: Term Loan Agreement (Alpine Group Inc /De/)

Interest Rate Protection. Within 90 days after the Closing Date, obtain Borrowers shall enter into, and thereafter maintain, interest protection agreements to the extent necessary to provide that at least 40% of the aggregate principal amount of total Funded Debt on the date hereof is subject to either a fixed interest rate or interest rate protection for a period of at least three years on a notional amount of the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably satisfactory to the Administrative Agent and the LendersAgent.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Maxum Petroleum Holdings, Inc.)

Interest Rate Protection. Within 90 60 days after following the Closing Date, obtain the Borrower shall enter into interest rate protection for a period of agreements, in form and substance satisfactory to the Administrative Agent in its reasonable discretion, covering at least three years on a notional amount 40% of the outstanding principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on terms Loans at any time and conditions reasonably satisfactory to shall maintain such agreements in effect for at least three years after the Administrative Agent and the LendersClosing Date.

Appears in 1 contract

Samples: Credit Agreement (Davel Communications Inc)

Interest Rate Protection. Within 90 45 days after the Closing Date, Borrower shall obtain interest rate protection for a period of at least three years on a and maintain in effect one or more Interest Rate Agreements with respect to the Loans, in an aggregate notional amount of the principal amount of not less than $45,000,000, which Interest Rate Agreements shall have the Term Loans, on effect of establishing a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably fixed interest rate or capping the interest rate in a manner EXECUTION 98 satisfactory to the Administrative Agent and Arranging Agent with respect to such notional principal amount, each such Interest Rate Agreement to be in form and substance satisfactory to Administrative Agent and with a term of not less than two years after the LendersClosing Date.

Appears in 1 contract

Samples: Credit Agreement (Prime Succession Inc)

Interest Rate Protection. Within 90 three hundred sixty five (365) days after the Closing DateDate (or such later date as agreed to in writing by the Administrative Agent), obtain interest rate protection for a period of at least three years the Borrower will enter into, and thereafter maintain in effect, one or more Hedging Transactions on a notional amount of the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on such terms and conditions with such parties as shall be reasonably satisfactory to the Administrative Agent and Agent, the Lenderseffect of which shall be to fix or limit the interest cost to the Borrower with respect to at least fifty percent (50%) of the Term Loan.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Exactech Inc)

Interest Rate Protection. Within 90 days after of the Closing Date, obtain Borrower shall obtain, and thereafter shall caused to be maintained, interest rate protection agreements with terms and counterparties reasonably satisfactory to the Agent sufficient to ensure that at least 50% of Borrower’s Consolidated Total Debt effectively bears interest at a fixed rate for a period of at least not less than three years on a notional amount of from the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably satisfactory to the Administrative Agent and the LendersClosing Date.

Appears in 1 contract

Samples: Second Lien Term Loan Agreement (Penhall International Corp)

Interest Rate Protection. Within 90 ninety (90) days after of the Closing ------------------------ Date, obtain the Borrower shall enter into Rate Contracts providing protection against fluctuations in interest rate protection for a period of rates with one or more financial institutions reasonably satisfactory to Agent with respect to at least three years on a notional 50% of the amount of the principal amount of Aggregate Term Loan Commitment on the Term Loansdate hereof, on which agreements shall provide for not less than a weighted average basis taking into account scheduled amortization payments, on three (3) year term and containing such other terms as are customary and conditions are reasonably satisfactory to the Administrative Agent and the LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Shade Acquisition Inc)

Interest Rate Protection. Within 90 30 days after following the Closing Date, Borrowers shall obtain and thereafter maintain interest rate protection in form, on terms and with parties acceptable to Agent for a period of at least three years on a notional amount of the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably satisfactory to the Administrative Agent and the Lendersnot less than $70,000,000.

Appears in 1 contract

Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)

AutoNDA by SimpleDocs

Interest Rate Protection. Within 90 ninety (90) days after of the Closing Date, obtain the Borrower shall enter into, and thereafter maintain, Rate Contracts providing protection against fluctuations in interest rate protection for a period of rates with one or more financial institutions with respect to at least three years on a notional amount 35% of the aggregate principal amount of the Term LoansLoan then outstanding, on which agreements shall provide for not less than a weighted average basis taking into account scheduled amortization payments, on three (3) year term and containing such other terms as are customary and conditions are reasonably satisfactory to the Administrative Agent and the LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Affymetrix Inc)

Interest Rate Protection. Within 90 sixty (60) days after following the Closing Date, obtain the Borrower shall have entered into interest rate protection for a period of at least three years on a notional amount of agreements protecting against fluctuations in interest rates as to which the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on material terms and conditions are reasonably satisfactory to the Administrative Agent Agent, which agreements shall provide coverage in an amount equal to at least fifty percent (50%) of the outstanding principal amount of the Loans and the Lendersfor a duration of at least one (1) year.

Appears in 1 contract

Samples: Credit Agreement (Accredo Health Inc)

Interest Rate Protection. Within 90 Maintain, commencing within one hundred twenty (120) days after of the Closing Date, obtain a Hedging Agreement with a minimum notional amount equal to forty percent (40%) of the outstanding Term Loans and at an interest rate protection for a period of at least three years on a notional amount of the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on and upon other terms and conditions reasonably satisfactory to the Administrative Agent and the LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Interest Rate Protection. Within 90 120 days after the Closing Date, Company shall obtain interest rate protection and shall thereafter maintain in effect for a period of at least three not less than two years on a notional amount of after the principal amount of Merger Date one or more Interest Rate Agreements with respect to the Term Loans, in an aggregate notional principal amount of not less than 50% of the Term Loans outstanding on a weighted average basis taking into account scheduled amortization paymentsthe Closing Date, on terms each such Interest Agreement to be in form and conditions substance reasonably satisfactory to the Administrative Agent and the LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Autotote Corp)

Interest Rate Protection. Within 90 days after of the Closing Date, obtain interest rate protection for a period of at least three years on a the Borrower shall enter into and maintain in effect one or more Interest Rate Agreements with respect to the Loans, in an aggregate notional amount of the principal amount of the Term Loansnot less than $70,000,000, on a weighted average basis taking into account scheduled amortization payments, on terms each such Interest Rate Agreement to be in form and conditions substance reasonably satisfactory to the Administrative Agent and with a term not to expire prior to the Lendersdate that is three (3) years from the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Cke Restaurants Inc)

Interest Rate Protection. Within 90 days after the Initial ------------------------ Closing Date, each of the Borrowers shall obtain interest rate protection for a period of at least three years on and thereafter keep in effect one or more Interest Rate Protection Agreements conforming to International Securities Dealers Association standards, each in form and substance reasonably satisfactory to the Agent, covering a notional amount of the principal amount at least 50% of the Term LoansLoan, on a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably satisfactory to the Administrative Agent and the Lendersin each case for an aggregate period of not less than three years.

Appears in 1 contract

Samples: Credit Agreement (Westower Corp)

Interest Rate Protection. Within 90 ninety (90) calendar days after of the Closing Date, obtain interest rate protection for a period of the Borrower shall enter into or have entered into one or more Interest Rate Protection Agreements covering at least three years on a notional amount 50% of the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on terms all in form and conditions reasonably satisfactory substance acceptable to the Administrative Agent and (collectively the Lenders“Interest Rate Protection Agreement”). For a period of one (1) year from the Closing Date, Borrower shall maintain such Interest Rate Protection Agreements covering at least 50% of the then existing principal amount of the Term Loans from time to time.

Appears in 1 contract

Samples: Credit Agreement (Ii-Vi Inc)

Interest Rate Protection. Within 90 60 days after following the Closing Date, Borrowers shall obtain and thereafter maintain at all time thereafter (except for up to two (2) periods each of five (5) Business Days or less during any fiscal year) interest rate protection in form, on terms and with parties reasonably acceptable to Agent for a period of at least three years on a notional amount of the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably satisfactory to the Administrative Agent and the Lendersnot less than $25,000,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Truserv Corp)

Interest Rate Protection. Within 90 days No later than the 90th day after the Closing Date, obtain the Borrower shall enter into, and for a minimum period of two years thereafter maintain, Interest Rate Agreements establishing a fixed or maximum interest rate protection for a period of at least three years on a notional amount of the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably satisfactory acceptable to the Administrative Agent for an aggregate notional amount equal to at least 50% of the initial aggregate principal amount of both the A Term Loans and Initial B Term Loans incurred on the LendersClosing Date.

Appears in 1 contract

Samples: Credit Agreement (Fairpoint Communications Inc)

Interest Rate Protection. Within 90 days after the Closing Date, obtain interest rate protection the Borrower shall enter into, and for a period of at least three years on a notional amount of the principal amount of the Term Loansthereafter maintain at all times, on a weighted average basis taking into account scheduled amortization paymentsin full force and effect, on terms Interest Rate Agreements at rates, in form and conditions with parties reasonably satisfactory to the Administrative Agent Agent, the effect of which shall be to set at fixed rates the interest cost to the Borrower and its Subsidiaries with respect to at least 50% of the Lenderssum (at any time of determination) of the outstanding principal amount of the Loans.

Appears in 1 contract

Samples: Credit Agreement (Century Maintenance Supply Inc)

Interest Rate Protection. Within 90 thirty days after of the Closing ------------------------ Date, obtain interest rate protection enter into an Interest Rate Protection Agreement, with any Lender or an Affiliate thereof, with respect to the Term Loans covering a national principal amount of at least $5,000,000 for a period of at least three five years and on a notional amount of the principal amount of the Term Loans, on a weighted average basis taking into account scheduled amortization payments, on such terms and conditions reasonably satisfactory to as the Administrative Agent and the Lendersmay reasonably require.

Appears in 1 contract

Samples: Credit Agreement (Asi Solutions Inc)

Interest Rate Protection. Within 90 Enter into prior to 120 days following the Closing Date (or such later date as agreed to by the Administrative Agent), and maintain at all times thereafter, interest rate protection so that for a period ending not less than two years after the Closing Date, obtain interest rate protection for a period of at least three years on a notional amount of the principal amount Date no less than 50% of the Term Loans, on Loans and Second Lien Loans as of the Closing Date either (x) bears interest at a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably satisfactory fixed rate or (y) is subject to the Administrative Agent and the Lenderssuch interest rate protection.

Appears in 1 contract

Samples: First Lien Credit Agreement (Blackboard Inc)

Interest Rate Protection. Within 90 days after following the Closing Date, obtain interest rate protection Borrower shall enter into and maintain for a period minimum of two years after the Closing Date Hedging Agreements with terms and conditions and counterparties acceptable to the Administrative Agent that result in at least three years on a notional amount 50% of the aggregate principal amount of the Term Loans, on Loans and the Second Lien Term Loans being effectively subject to a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably satisfactory fixed or maximum interest rate acceptable to the Administrative Agent and the LendersAgent.

Appears in 1 contract

Samples: First Lien Credit Agreement (Critical Homecare Solutions Holdings, Inc.)

Interest Rate Protection. Within 90 45 days after the Closing Date, Borrower will obtain interest rate protection for a period of at least three years on a and maintain in effect one or more Interest Rate Agreements with respect to the Loans, in an aggregate notional amount of the principal amount of not less than $37,500,000, which Interest Rate Agreements shall have the Term Loans, on effect of establishing a weighted average basis taking into account scheduled amortization payments, on terms and conditions reasonably fixed interest rate or capping the interest rate in a manner satisfactory to the Administrative Agent and Arranging Agent with respect to such notional principal amount, each such Interest Rate Agreement to be in form and substance satisfactory to Administrative Agent and Arranging Agent and with a term of not less than two years after the LendersClosing Date.

Appears in 1 contract

Samples: Credit Agreement (Rose Hills Co)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!