Interest Rate Protection. Within 90 days following the Closing Date, obtain and for a period of not less than three (3) years after the Closing Date maintain in effect, Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 3 contracts
Samples: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Walter Industries Inc /New/), Credit Agreement (Mueller Group, Inc.)
Interest Rate Protection. Within 90 In the case of the Borrower, within 120 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Loans is subject to either a fixed interest rate or interest rate protection for a period of not less than three (3) years after the Closing Date maintain in effectyears, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Eddie Bauer Holdings, Inc.), Term Loan Agreement (Eddie Bauer Holdings, Inc.), Term Loan Agreement (Eddie Bauer Holdings, Inc.)
Interest Rate Protection. Within In the case of the Borrower, within 90 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that at least 25% of the aggregate principal amount of the Term Loans is subject to either a fixed interest rate or interest rate protection for a period of not less than three (3) years after the Closing Date maintain in effectyears, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Bioventus Inc.), Credit Agreement (Bioventus Inc.)
Interest Rate Protection. Within 90 In the case of the Borrowers, within 180 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap 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 for a period of not less than three (3) years after the Closing Date maintain in effecttwenty-four months, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 2 contracts
Samples: Credit Agreement (Dollar Financial Corp), Credit Agreement (Dollar Financial Corp)
Interest Rate Protection. Within In the case of the Borrower, within 90 days following after the Closing Effective Date, obtain enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of any Subordinated Debt and the Loans is subject to either a fixed interest rate or interest rate protection for a period of not less than three (3) years after the Closing Date maintain in effecttwo years, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered intoAgents.
Appears in 2 contracts
Samples: Patent Security Agreement (Virgin Mobile USA, Inc.), Credit Agreement (Virgin Mobile USA, Inc.)
Interest Rate Protection. Within In the case of the Borrower, within 90 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Loans is subject to either a fixed interest rate or interest rate protection for a period of not less than three (3) years after the Closing Date maintain in effectyears, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Bioventus Inc.), Credit Agreement (Bioventus Inc.)
Interest Rate Protection. Within In the case of the Borrower, within 90 days following after the Closing Date, obtain enter into, and for a period of not less than three (3) years after the Closing Date maintain in effectthereafter maintain, Swap Contracts Agreements to the extent necessary to cause provide that at least fifty percent (50%) 40% of the Consolidated Funded Indebtedness on the Closing Date aggregate principal amount of Loans is subject to either have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
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Interest Rate Protection. Within In the case of the Borrower, within 90 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap 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 for a period of not less than three (3) years after the Closing Date maintain in effecttwo years, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
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Interest Rate Protection. Within 90 In the case of the Borrower, within 60 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Term Loans and the Senior Unsecured Debt are subject to either a fixed interest rate or interest rate protection for a period of not less than three (3) years after the Closing Date maintain in effectyears, copies of which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory Agreements shall promptly be delivered to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
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Interest Rate Protection. Within In the case of the Borrower, within 90 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that at least 45% 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 protection for a period of not less than three (3) years after the Closing Date maintain in effectyears, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Interest Rate Protection. Within In the case of the Borrower, within 90 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap 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 for a period of not less than three (3) years after the Closing Date maintain in effectyears, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Samples: Credit Agreement (Coinstar Inc)
Interest Rate Protection. Within In the case of the Borrower, within 90 days following after the Closing Restatement Effective Date, obtain enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that at least 25% of the aggregate principal amount of the Term Loans is subject to either a fixed interest rate or interest rate protection for a period of not less than three (3) years after the Closing Date maintain in effectyears, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Bioventus Inc.)
Interest Rate Protection. Within In the case of the Borrower, enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that within 90 days following after the Closing Date, obtain Date at least 20% and within 180 days after the Closing Date at least 35% of the aggregate principal amount of the Term Loans is subject (taking into account any Swap Agreements from fixed to floating rates) to either a fixed interest rate or interest rate protection for a period of not less than three (3) years after from the Closing Date maintain in effectDate, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Samples: Credit Agreement (Educate Inc)
Interest Rate Protection. Within 90 No later than 60 days following after the Closing DateEffective Date (or such longer period as the Administrative Agent may agree), obtain the U.S. Borrower will enter into Swap Agreements to the extent necessary to provide that at least 50% of the aggregate principal (USD Equivalent) amount of the sum of (a) the Senior Notes and (b) $47,000,000 is subject to either a fixed interest rate or interest rate protection for a period of not less than three years (3) years after collectively, the Closing Date maintain in effect“Required Swap Agreements”), which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Samples: Credit Agreement (Libbey Inc)
Interest Rate Protection. Within 90 The Borrower Representative shall, within one hundred eighty (180) days following after the Original Closing Date, obtain enter into, and for a period of not less than three (3) years after the Closing Date thereafter maintain in effectat all times, Swap Contracts Agreements with one or more Swap Providers to the extent necessary to cause provide that at least fifty percent (50%) 50)% of the Consolidated Funded Indebtedness on aggregate original principal amount of the Closing Date Term Loans and Mortgage Loans is subject to either have a fixed rate of interest or interest rate or to protection, which Swap Agreements shall be on an ISDA standard form and have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Interest Rate Protection. Within In the case of the Borrower, within 90 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap 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 for a period of not less than three (3) years after the Closing Date maintain in effectDate, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Interest Rate Protection. Within 90 In the case of the Borrower, within 60 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that at least $100,000,000 of the aggregate principal amount of the Term Loans is subject to either a fixed interest rate or interest rate protection for a period of not less than three (3) years after the Closing Date maintain in effecttwo years, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Interest Rate Protection. Within 90 In the case of the Borrower, within 60 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Senior Subordinated Notes and the Floating Term Loan Exposure is subject to either a fixed interest rate or interest rate protection for a period of not less than three (3) years after the Closing Date maintain in effect, Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either have a fixed interest rate or to have interest rate protection on terms and conditions such shorter period as is otherwise reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Interest Rate Protection. Within In the case of the Company, within 90 days following after the Closing First Amendment Effective Date, obtain enter into, and thereafter maintain, Swap 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 for a period of not less than three (3) years after the Closing Date maintain in effectyears, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.”
Appears in 1 contract
Samples: 1 800 Flowers Com Inc
Interest Rate Protection. Within In the case of the Borrower, within 90 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Term Loans, the 6.75% Senior Notes, the 7% Senior Notes and the 7.125% Senior Notes and is subject to either a fixed interest rate or interest rate protection for a period of not less than three (3) years after the Closing Date maintain in effect3 years, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Samples: Collateral Agreement (Universal Health Services Inc)
Interest Rate Protection. Within 90 No later than ninety (90) days following the Closing Date, obtain the Borrower will enter into (and for a period of not less than three (3thereafter maintain) years after the Closing Date maintain in effect, Swap Contracts Agreements mutually acceptable to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either have a fixed interest rate or to have interest rate protection on terms Borrower and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for having a term of not less than one (1) year from at least three years for an aggregate notional principal amount equal to at least 50% of the date such Swap Contracts are entered intosum of the aggregate principal amount of all Term Loans then outstanding.
Appears in 1 contract
Samples: Credit Agreement (Styron Canada ULC)
Interest Rate Protection. Within 90 In the case of the Borrower, within 60 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap 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 for a period of not less than three (3) years after the Closing Date maintain in effectyears, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Interest Rate Protection. Within In the case of the Borrower, within 90 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that at least 60% of the aggregate principal amount of the Consolidated Total Debt is subject to either a fixed interest rate or interest rate protection for a period of not less than three (3) years after the Closing Date maintain in effect3 years, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Interest Rate Protection. Within 90 60 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap Contracts with a counterparty reasonably satisfactory to the Administrative Agent 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 for a period of not less than three (3) years after the Closing Date maintain in effectyears, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either shall have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Interest Rate Protection. Within 90 days following No later than the Closing Date120th day after the Effective Date or such later date as the Administrative Agent agrees, obtain Borrower shall enter into, and for a period minimum of not less than three (3) two years after the Closing Effective Date maintain in effectmaintain, Swap Contracts to the extent necessary to cause Agreements that result in at least fifty percent (50%) % of the Consolidated Funded aggregate principal amount of Borrower’s Indebtedness on for borrowed money as of the Closing Effective Date other than Revolving Loans being effectively subject to either have a fixed or maximum interest rate or to have interest rate protection on terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered intorate.
Appears in 1 contract
Interest Rate Protection. Within 90 180 days following after the Closing Date, obtain enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Term Loans is subject to interest rate protection for a period of not less than three (3) years after the Closing Date maintain in effectyears, which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either Agreements shall have a fixed interest rate customary terms and conditions or to have interest rate protection on other terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Interest Rate Protection. Within 90 In the case of the Borrower, within 60 days following after the Closing Restatement Effective Date, obtain enter into, and thereafter maintain, Swap Agreements to the extent necessary to provide that at least 50% of the aggregate principal amount of the Term Loans and the Senior Unsecured Debt is subject to either a fixed interest rate or interest rate protection for a period of not less than three (3) years after the Closing Date maintain in effectyears, copies of which Swap Contracts to the extent necessary to cause at least fifty percent (50%) of the Consolidated Funded Indebtedness on the Closing Date to either have a fixed interest rate or to have interest rate protection on terms and conditions reasonably satisfactory Agreements shall promptly be delivered to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered into.
Appears in 1 contract
Interest Rate Protection. Within 90 In the case of the Borrower, within 180 days following after the Closing Date, obtain enter into, and thereafter maintain for a period of not less than three (3) years after the Closing Date maintain in effectyears, Swap Contracts Agreements to the extent necessary to cause at least fifty percent (provide that 50%) % of the Consolidated Funded Indebtedness on aggregate outstanding principal amount of the Closing Date Loans and the First Lien Term Loans is subject to either have a fixed interest rate or to have interest rate protection on for a period of not less than three years, which Swap Agreements shall have terms and conditions reasonably satisfactory to the Administrative Agent, which Swap Contracts shall be for a term of not less than one (1) year from the date such Swap Contracts are entered intoAgents.
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