Interest Rate Protection. Within ninety (90) days after the Closing Date (or such later date as the Administrative Agent may agree), enter into, and thereafter maintain for a period of not less than thirty (30) months after the Closing Date, Hedge Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Term Loans is subject to either a fixed interest rate or interest rate protection.
Appears in 6 contracts
Samples: Credit Agreement (INC Research Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.)
Interest Rate Protection. Within ninety (90) In the case of the Borrower, within 90 days after the Closing Date (or such later date as the Administrative Agent may agree)Date, enter into, and thereafter maintain for a period of not less than thirty (30) months after the Closing Datethree years, Hedge Agreements to the extent necessary to provide that at least 50% of the aggregate outstanding principal amount of the Term Loans from time to time is subject to either a fixed interest rate or interest rate protection, which Hedge Agreements shall have terms and conditions reasonably satisfactory to the Administrative Agent.
Appears in 3 contracts
Samples: Credit Agreement (National CineMedia, LLC), Credit Agreement (National CineMedia, Inc.), Credit Agreement (National CineMedia, Inc.)
Interest Rate Protection. Within ninety (90) In the case of the Borrower, within 90 days after the Closing Date (or such later date as the Administrative Agent may agree)Date, enter into, and thereafter maintain for a period of not less than thirty (30) months after the Closing Datemaintain, Hedge Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Unsecured Notes and the Term Loans is subject to either a fixed interest rate or interest rate protectionprotection for a period of not less than two years, which Hedge Agreements shall have terms and conditions reasonably satisfactory to the Administrative Agent.
Appears in 3 contracts
Samples: Credit Agreement (Carbuyco, LLC), Credit Agreement (Auto Disposal of Memphis, Inc.), Credit Agreement (Adesa California, LLC)
Interest Rate Protection. Within ninety (90) 90 days after the Closing Date (or such later date as the Administrative Agent may agree)Date, enter into, and thereafter maintain for a period of not less than thirty (30) months after the Closing Datemaintain, Hedge Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Term Loans is subject to either a fixed interest rate or interest rate protectionprotection for a period of not less than two years, which Hedge Agreements shall have terms and conditions reasonably satisfactory to the Administrative Agent.
Appears in 3 contracts
Samples: Credit Agreement (Henry Schein Inc), Credit Agreement (Henry Schein Inc), Credit Agreement (Henry Schein Inc)
Interest Rate Protection. Within ninety (90) In the case of the Borrower, within 120 days after the Closing Date (or such later date as the Administrative Agent may agree), enter into, and thereafter maintain for a period of not less than thirty (30) months after the Closing Date, enter into Hedge Agreements to the extent necessary to provide that at least 5060% of the aggregate principal amount of the Senior Subordinated Notes and the Term Loans is subject to either a fixed interest rate or interest rate protectionprotection for a period of not less than two years on a weighted average basis, which Hedge Agreements shall have terms and conditions reasonably satisfactory to the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (UCI Holdco, Inc.), Credit Agreement (Chefford Master Manufacturing Co Inc)
Interest Rate Protection. Within ninety sixty (9060) days after the Closing Date (or such later date as the Administrative Agent may agree), enter into, and thereafter maintain for a period of not less than thirty (30) months after following the Closing Date, the Borrowers shall obtain and, at all times thereafter until the third anniversary of the Closing Date, the Borrowers shall cause to be maintained protection against fluctuations in interest rates pursuant to one or more Hedge Agreements in form and substance, and with a Hedge Party, satisfactory to the extent necessary Administrative Agent, in order to provide ensure that at least no less than fifty percent (50% of the aggregate principal amount %) of the Term Loans Loan is subject to either a fixed interest rate or interest rate protectionsuch Hedge Agreements.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Allion Healthcare Inc), Credit and Guaranty Agreement (Allion Healthcare Inc)
Interest Rate Protection. Within ninety (90) days after the Closing Date (or such later date as the Administrative Agent may agree), enter into, and thereafter maintain for a period of not less than thirty (30) months after following the Closing Date, the Borrower shall obtain, and at all times thereafter until the third (3rd) anniversary of the Closing Date, the Borrower shall cause to be maintained protection against fluctuations in interest rates pursuant to one or more Hedge Agreements in form and substance, and with a Hedge Party, reasonably satisfactory to the extent necessary Administrative Agent, in order to provide ensure that at least no less than fifty percent (50% of the aggregate principal amount %) of the Term Loans Loan at any time outstanding is subject to either a fixed interest rate or interest rate protectionsuch Hedge Agreements.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Providence Service Corp), Credit and Guaranty Agreement (Providence Service Corp)
Interest Rate Protection. Within ninety (90) 90 days after the Closing Date (or such later date as the Administrative Agent may agree), enter into, and thereafter maintain for a period of not less than thirty (30) months after the Closing Date, enter into Hedge Agreements to the extent necessary to provide that at least 5035% of the aggregate principal amount of the Senior Subordinated Notes and the Term Loans is subject to either a fixed interest rate or interest rate protectionprotection for a period of not less than three years, which Hedge Agreements shall have terms and conditions reasonably satisfactory to the Administrative Agent.
Appears in 2 contracts
Samples: Intellectual Property Security Agreement (Waste Services, Inc.), Credit Agreement (Waste Services, Inc.)
Interest Rate Protection. Within ninety (90) Not later than 60 days after the Closing Date (or such later date as the Administrative Agent may agree), enter into, and thereafter maintain for a period of not less than thirty (30) months after the Closing Date, Borrower shall enter into one or more Hedge Agreements in form and substance reasonably satisfactory to Administrative Agent, to the extent necessary to provide that cause at least 5040% of the aggregate principal amount of the Term Loans is Borrower’s long-term Funded Debt as of such date to be subject to either a fixed interest rate or protection against fluctuations in interest rate protectionrates for at least the period through the third anniversary of the Closing Date.
Appears in 2 contracts
Samples: Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group)
Interest Rate Protection. Within ninety (90) days after following the Closing Date Date, the Borrower shall obtain and thereafter keep in effect one or more interest rate Hedge Agreements (or the terms and other provisions of all such later date as Hedge Agreements to be subject to the prior written consent of the Administrative Agent may agree)Agent) such that not less than 50% of the principal balance of all Funded Debt outstanding of the Borrower and its Subsidiaries is either at a fixed rate or is covered by such Hedge Agreements, enter into, and thereafter maintain for a an aggregate period of not less than thirty three (303) months after years commencing on the Closing Date, Hedge Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Term Loans is subject to either a fixed interest rate or interest rate protection.
Appears in 1 contract
Samples: Credit Agreement (Team Health Inc)
Interest Rate Protection. Within ninety (90) 60 days after the Closing Date (or such later date as the Administrative Agent may agree)------------------------ Date, enter into, and thereafter maintain for a period of not less than thirty (30) months after the Closing Date, into Hedge Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Term Loans Funded Debt of Holdings and its Subsidiaries is subject to either a fixed interest rate or interest rate protectionprotection for a period of not less than two years, which Hedge Agreements shall have terms and conditions reasonably satisfactory to the General Administrative Agent.
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Interest Rate Protection. Within ninety (90) On or prior to the expiration of 60 days after the Closing Date (or such later date as the Administrative Agent may agree), enter into, and thereafter maintain for a period of not less than thirty (30) months after following the Closing Date, the Borrower shall obtain and thereafter keep in effect one or more interest rate Bank Hedge Agreements (the terms and other provisions of all such Bank Hedge Agreements to be subject to the extent necessary to provide that prior written consent of the Administrative Agent) covering at least 50% of the Term A and Term B Advances outstanding on the Closing Date for an aggregate principal amount period of not less than three (3) years commencing on the Term Loans is subject to either a fixed interest rate or interest rate protectionClosing Date.
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Interest Rate Protection. Within ninety sixty (9060) days after the Closing Date (or such later date as the Administrative Agent may agree), enter into, and thereafter maintain for a period of not less than thirty (30) months after the Closing Datemaintain, Hedge Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Term Loans and First Lien Loans is subject to either a fixed interest rate or interest rate protectionprotection for a period of not less than three (3) years, provided, however, that such interest rate protection is available to the Loan Parties on commercially reasonable terms and without being required to post collateral.
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Interest Rate Protection. Within ninety (90) Enter into within 120 days after the Closing Date (or such later date as and maintain at all times thereafter, interest rate Hedge Agreements reasonably satisfactory to the Administrative Agent may agreewith any Lender or any Affiliates thereof (or any “Lender” under the Revolving Credit Facility), enter into, and thereafter maintain for covering a period notional amount of not less than thirty (30) months after the Closing Date, Hedge Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of loans outstanding under the Term Loans is subject Facility and providing for such Lenders to either make payments thereunder for a fixed interest rate or interest rate protectionperiod of no less than three years.
Appears in 1 contract
Samples: Term Facility Credit and Guaranty Agreement (Dana Holding Corp)
Interest Rate Protection. Within ninety (90) In the case of the Borrower, within 120 days after the Closing Date (or such later date as the Administrative Agent may agree), enter into, and thereafter maintain for a period of not less than thirty (30) months after the Closing Date, enter into Hedge Agreements to the extent necessary to provide that at least 5035% of the aggregate principal amount of the Senior Subordinated Notes and the Tranche D Term Loans is subject to either a fixed interest rate or interest rate protectionprotection for a period of not less than two years on a weighted average basis, which Hedge Agreements shall have terms and conditions reasonably satisfactory to the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (UCI Holdco, Inc.)
Interest Rate Protection. Within ninety (90) In the case of the Borrower, within 90 days after the Closing Date (or such later date as the Administrative Agent may agree)Date, enter into, and thereafter maintain for a period of not less than thirty (30) months after three years from the Closing Date, Hedge Agreements to the extent necessary to that provide that at least 50% of the aggregate principal amount of the Term Loans is subject to either a fixed interest rate or interest rate protectionprotection in respect of at least 50% of the principal amount of the sum of the Revolving Commitments and the Term Loans outstanding through their maturity date, which Hedge Agreements shall have terms and conditions reasonably satisfactory to the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Del Frisco's Restaurant Group, LLC)
Interest Rate Protection. Within ninety (90) Not later than 60 days after the Closing Date (or such later date as the Administrative Agent may agree), enter into, and thereafter maintain for a period of not less than thirty (30) months after the Closing Date, Borrower shall enter into one or more Hedge Agreements in form and substance reasonably satisfactory to the extent necessary to provide Administrative Agent, such that at least 5040% of the aggregate principal amount of the Term Loans Borrower's long-term Funded Debt is subject to either a fixed interest rate or protection against fluctuations in interest rate protectionrates.
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Interest Rate Protection. Within ninety (90) In the case of the Borrower, within 180 days after the Closing Date (or such later date as the Administrative Agent may agree)Date, enter into, and thereafter maintain for a period of not less than thirty (30) months after the Closing Datemaintain, Hedge Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of (i) the Term Loans is funded on the Closing Date and (ii) the Second Lien Loans are subject to either a fixed interest rate or interest rate protectionprotection for a period of not less than two years, which Hedge Agreements shall have terms and conditions reasonably satisfactory to the Administrative Agent.
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Interest Rate Protection. Within ninety one hundred eighty (90180) days after the Closing Date Date, obtain and thereafter keep in effect one or more interest rate Bank Hedge Agreements (or the terms and other provisions of all such later date as Bank Hedge Agreements to be subject to the prior written consent of the Administrative Agent may agree), enter into, and thereafter maintain Agent) covering at least thirty percent (30%) of the Advances made on the Closing Date for a an aggregate period of not less than thirty two (302) months after years commencing on the Closing Date, Hedge Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Term Loans is subject to either a fixed interest rate or interest rate protection.
Appears in 1 contract
Samples: Credit Agreement (Applied Graphics Technologies Inc)
Interest Rate Protection. Within ninety (90) 180 days after the Closing Date (or such later date as the Administrative Agent may agree), enter into, and thereafter maintain for a period of not less than thirty (30) months after the Closing Date, enter into Hedge Agreements to the extent necessary to provide that that, after giving effect to such Hedge Agreements, including any Hedge Agreements in effect on the Closing Date, at least 50% one-third of the aggregate principal amount Funded Debt of the Term Loans Borrower and its Subsidiaries is subject to either a fixed interest rate or interest rate protectionprotection for a period of not less than two years, which Hedge Agreements shall have terms and conditions reasonably satisfactory to the Administrative Agent and the Borrower.
Appears in 1 contract
Samples: Credit Agreement (Local Insight Yellow Pages, Inc.)
Interest Rate Protection. Within ninety (90) Enter into within 120 days after the Closing Date (or such later date as and maintain at all times thereafter, interest rate Hedge Agreements reasonably satisfactory to the Term Facility Administrative Agent may agree)with any Lender or any Affiliates thereof, enter into, and thereafter maintain for covering a period notional amount of not less than thirty (30) months after the Closing Date, Hedge Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of loans outstanding under the Term Loans is subject Facility and providing for such Lenders to either make payments thereunder for a fixed interest rate or interest rate protectionperiod of no less than three years.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Dana Holding Corp)