Delivery Schedule The scheduled months of delivery of the Aircraft are listed in the attached Table 1. Exhibit B describes certain responsibilities for both Customer and Boeing in order to accomplish the delivery of the Aircraft.
Pricing Schedule The Applicable Margin with respect to Commitment Fees and Advances (including, if applicable, Swingline Advances) shall be determined in accordance with the following Table based on the US Borrower’s Leverage Ratio as reflected in the Compliance Certificate delivered in connection with the financial statements most recently delivered pursuant to Section 5.2. Adjustments, if any, to such Applicable Margin shall be effective on the date the US Administrative Agent receives the applicable financial statements and corresponding Compliance Certificate as required by the terms of this Agreement. If the US Borrower fails to deliver the financial statements and corresponding Compliance Certificate to the US Administrative Agent at the time required pursuant to Section 5.2, then effective as of the date such financial statements and Compliance Certificate were required to be delivered pursuant to Section 5.2, the Applicable Xxxxxx with respect to Commitment Fees and Advances shall be determined at Level VI and shall remain at such level until the date such financial statements and corresponding Compliance Certificate are so delivered by the US Borrower. Initial pricing will be set at the level based on the US Borrower’s actual Leverage Ratio based on the pro forma compliance certificate delivered on the Closing Date (which is expected to be at Level III until the delivery of the compliance certificate and accompanying financial statements for the fiscal quarter ending September 30, 2014). Notwithstanding anything to the contrary contained herein, the determination of the Applicable Margin for any period shall be subject to the provisions of Section 2.10(f). For the voidance of doubt, the levels on the pricing grid set forth below are set forth from lowest (Level I) to the highest (Level VI). Leverage Ratio LIBOR or B/A Margin Base Rate or Canadian Prime Rate Margin Commitment Fee Level I <1.00x 175.0 bps 75.0 bps 37.5 bps Level II >1.00x; <1.50x 200.0 bps 100.0 bps 37.5 bps Level III >1.50x; <2.00x 225.0 bps 125.0 bps 50.0 bps Level IV >2.00x; <2.50x 250.0 bps 150.0 bps 50.0 bps Level V >2.50x; <3.00x 275.0 bps 175.0 bps 50.0 bps Level VI >3.00x 300.0 bps 200.0 bps 50.0 bps Schedule I-1 SCHEDULE II COMMITMENTS, CONTACT INFORMATION US ADMINISTRATIVE AGENT, US ISSUING BANK AND US LENDER, Notices: Principal/Interest/Fees HSBC Bank USA NA Corporate Trust & Loan Agency 0 Xxxx 00xx Xxxxxx, 0xx Xxxxx Xxx Xxxx, XX 00000 Attn: Agency Services Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: XXXXXX.XxxxXxxxxx@xx.xxxx.xxx Documentation Contact: HSBC Bank USA NA Corporate Trust & Loan Agency 0 Xxxx 00xx Xxxxxx, 0xx Xxxxx Xxx Xxxx, XX 00000 Attn: Transaction Management Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: XXXXXX.XxxxxxxxxxxXxxxxxxxxx@xx.xxxx.xxx CANADIAN ADMINISTRATIVE AGENT, CANADIAN ISSUING LENDER AND CANADIAN LENDER Credit Contact: HSBC Bank Canada 000 - 0xx Xxxxxx X.X. Xxxxxxx, Xxxxxxx X0X 0XX Xxxxxx Attn: Xxxxxxxx Xxxxx, Sr. Account Manager, Commercial Banking - Energy Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: Xxxxxxxx_xxxxx@xxxx.xx Administration Contact: HSBC Bank Canada 00xx Xxxxx, 00 Xxxx Xxxxxx Xxxxxxx, Xxxxxxx X0X 0X0 Xxxxxx Attn: Xxxxxx Xxxxxxxx, Agency Administrator Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: xxxxxxxxxxx0@xxxx.xx SYNDICATION AGENT, US SWINGLINE LENDER AND US LENDER Credit Contact: Xxxxx Fargo Bank, N.A. 0000 Xxxxxxxxx Xx., 0xx Xxxxx Xxxxxxx, Xxxxx 00000 Attn: Xxxx Xxxxxxxx Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: xxxxxxxx@xxxxxxxxxx.xxx Administration Contact: Xxxxx Fargo Bank, N.A. 0000 Xxxxxxxxx Xx., 0xx Xxxxx Xxxxxxx, Xxxxx 00000 Attn: Xxxxx Xxxx Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: xxxxx@xxxxxxxxxx.xxx CREDIT PARTIES Borrowers/Guarantors Address: c/o Nine Energy Service, Inc. Greenspoint Plaza 4 00000 Xxxxxxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attn: Xxx Xxx Fax: 000-000-0000 Schedule II-1 LENDERS TERM COMMITMENT REVOLVING COMMITMENT HSBC Bank Canada $ 1,250,000.00 $ 30,000,000 (Canadian) HSBC Bank USA, N.A. $ 8,981,481.48 $ 22,268,518.52 Xxxxx Fargo Bank, National Association $ 19,675,925.93 $ 42,824,074.07 Amegy Bank, N.A. $ 12,592,592.59 $ 27,407,407.41 JPMorgan Chase Bank, N.A. $ 12,592,592.59 $ 27,407,407.41 Bank of America, N.A. $ 12,592,592.59 $ 27,407,407.41 IberiaBank $ 6,296,296.30 $ 13,703,703.70 The Bank of Nova Scotia $ 6,296,296.30 $ 13,703,703.70 Regions Bank $ 4,722,222.22 $ 10,277,777.78 TOTAL: $ 85,000,000 $ 215,000,000 SCHEDULE 4.1 ORGANIZATIONAL INFORMATION US Credit Parties # Entity Name Type of Organization State of Formation 1. Nine Energy Service, Inc. Corporation Delaware
Facility Type Call Sign Exp Date TV Broadcast Station License WBRE-TV 08/01/2007 (Channel 28, Xxxxxx-Xxxxx, Pennsylvania) DTV Facility WBRE-DT 08/01/2007 (Channel 11, Xxxxxx-Xxxxx, Pennsylvania) TV Translator Station License W24BL 08/01/2007 TV Translator Station License W30AN 08/01/2007 TV Translator Station License W51BP 08/01/2007 TV Translator Station License W64AL 08/01/2007 Transmit-Only Earth Station License E910642 11/01/2011 Transmit-Receive Earth Station License E020058 05/03/2017 TV Pickup KA35201 08/01/2007 TV Pickup KA35245 08/01/2007 TV Pickup KA74870 08/01/2007 TV Pickup KC62824 08/01/2007 Broadcast Auxiliary KF5726 08/01/2007 TV Studio Transmitter Link KGH66 08/01/2007 R/P Base Mobile System KGU973 08/01/2007 TV Pickup KK4138 08/01/2007 TV Pickup KL2535 08/01/2007 TV Pickup KP4407 08/01/2007 R/P Base Mobile System KQB618 08/01/2007 TV Pickup KR7688 08/01/2007 TV Pickup KR7693 08/01/2007 TV Pickup KR7771 08/01/2007 TV Pickup KS2001 08/01/2007 TV Pickup KY2899 08/01/2007 R/P Mobile KY5608 08/01/2007 TV Studio Transmitter Link KZO21 08/01/2007 TV Intercity Relay WFW575 08/01/2007 TV Intercity Relay WGI290 08/01/2007 TV Intercity Relay WHB674 08/01/2007 TV Intercity Relay WLI324 08/01/2007 TV Intercity Relay WLI325 08/01/2007 TV Intercity Relay WLI337 08/01/2007 TV Intercity Relay WMF322 08/01/2007 TV Intercity Relay WMF323 08/01/2007
Aircraft Basic Price The Aircraft Basic Price is listed in Table 1 and is subject to escalation in accordance with the terms of this Purchase Agreement.
Equipment, Etc Each Grantor shall, (i) within ten (10) days after a written request by the Administrative Agent, in the case of Equipment now owned, and (ii) following a request by the Administrative Agent pursuant to subclause (i) above, within ten (10) days after acquiring any other Equipment, deliver to the Administrative Agent, any and all certificates of title, and applications therefor, if any, of such Equipment and shall cause the Administrative Agent to be named as lienholder on any such certificate of title and applications. No Grantor shall permit any such items to become a fixture to real estate or an accession to other personal property unless such real estate or personal property is the subject of a fixture filing (as defined in the UCC) creating a first priority perfected Lien in favor of the Administrative Agent.
CONTRACT YEAR The first Contract Year is the period of time ending on the first contract anniversary. Subsequent Contract Years are the annual periods between contract anniversaries.
Work Schedule Within ten (10) days after the execution of this Lease, Landlord will deliver to Tenant, for Tenant's review and approval, a schedule ("Work Schedule") which will set forth the timetable for the planning and completion of the installation of the Tenant Improvements and the Commencement Date of the Lease. The Work Schedule will set forth each of the various items of work to be done or approval to be given by Landlord and Tenant in connection with the completion of the Tenant Improvements. The Work Schedule will be submitted to Tenant for its approval, which approval Tenant agrees not to unreasonably withhold, and, once approved by both Landlord and Tenant, the Work Schedule will become the basis for completing the Tenant Improvements. All plans and drawings required by this Work Letter Agreement and all work performed pursuant thereto are to be prepared and performed in accordance with the Work Schedule. Landlord may, from time to time during construction of the Tenant Improvements, modify the Work Schedule as Landlord reasonably deems appropriate. If Tenant fails to approve the Work Schedule, as it may be modified after discussions between Landlord and Tenant within five (5) business days after the date the Work Schedule is first received by Tenant, the Work Schedule shall be deemed to be approved by Tenant as submitted or Landlord may, at its option, terminate the Lease upon written notice to Tenant.
Aircraft Description The Option Aircraft are described by Boeing Detail Specification D6-38808, Revision E, dated September 15, 1995, as amended and revised pursuant to the Agreement.
Supply Price In event BTC exercises the Supply Option, the Supply Agreement shall afford Auxilium supply terms for Year 1 that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for the year immediately preceding the Supply Date and supply terms for each successive year that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for each preceding year as applicable.
Delivery; Acceptance of Premises; Commencement Date Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date, with Landlord’s Work Substantially Completed (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 90 days of the Target Commencement Date for any reason other than Force Majeure delays and Tenant Delays, this Lease may be terminated by Landlord or Tenant by written notice to the other, and if so terminated by either: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the terms “Landlord’s Work,” “Tenants’ Work,” and “Force Majeure Delays” shall have the meanings set forth for such terms in the Work Letter. If neither Landlord nor Tenant elects to void this Lease within 10 business days of the lapse of such 90 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect; provided, however, that if Landlord does not Deliver the Premises within 150 days of the Target Commencement Date for any reason other than Force Majeure delays and Tenant Delays, this Lease may be terminated by Tenant by written notice to Landlord, in which case subsections (a) and (b) of this paragraph shall apply. If Tenant does not elected to void this Lease within 10 business days of the lapse of such 150 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.
