Performance Pricing Adjustments Sample Clauses
The Performance Pricing Adjustments clause establishes a mechanism for modifying the price of goods or services based on the achievement of specific performance metrics or targets. In practice, this means that if a supplier exceeds or falls short of agreed-upon benchmarks—such as delivery times, quality standards, or service levels—the contract price may be increased or decreased accordingly. This clause incentivizes high performance and ensures that pricing fairly reflects the value delivered, thereby aligning the interests of both parties and addressing the risk of underperformance or overpayment.
Performance Pricing Adjustments. The interest rate spread parameters set forth in Subsection (A) and(C) above shall be either increased or decreased in accordance with the following schedule: Equal to or greater than 4.00 to 1.00 + 275 basis points + 275 basis points Equal to or greater than 3.50 to 1.00 but less than 4.00 to 1.00 + 250 basis points + 250 basis points Equal to or greater than 3.00 to 1.00 but less than 3.50 to 1.00 + 225 basis points + 225 basis points Equal to or greater than 2.50 to 1.00 but less than 3.00 to 1.00 + 200 basis points + 200 basis points Less than 2.50 to 1.00 + 175 basis points + 175 basis points The initial spreads shall be those applicable to Total Debt to EBITDA of less than 2.50 to 1.00. The applicable interest rate adjustment shall: (i) be considered as of each fiscal quarter end based on the quarterly Compliance Certificate provided by the Company under Section 8(H)(vii) of the MLA; (ii) become effective as of the first day of the fiscal quarter following receipt of such information by CoBank, and (iii) shall be effective on a prospective basis only and shall not affect existing fixed rate pricing. The Company shall select the applicable rate option at the time it requests a loan hereunder and may, subject to the limitations set forth above, elect to convert balances bearing interest at the variable rate option to one of the fixed rate options. Upon the expiration of any fixed rate period, interest shall automatically accrue at the variable rate option unless the amount fixed is repaid or fixed for an additional period in accordance with the terms hereof. Notwithstanding the foregoing, rates may not be fixed in such a manner as to cause the Company to have to break any fixed rate balance in order to pay any installment of principal. All elections provided for herein shall be made electronically (if applicable), telephonically or in writing and must be received by CoBank not later than 12:00 Noon Company’s local time in order to be considered to have been received on that day; provided, however, that in the case of LIBOR rate loans, all such elections must be confirmed in writing upon CoBank’s request. Interest shall be calculated on the actual number of days each loan is outstanding on the basis of a year consisting of 360 days and shall be payable monthly in arrears by the 20th day of the following month or on such other day in such month as CoBank shall require in a written notice to the Company; provided, however, in the event the Company elects ...
Performance Pricing Adjustments. The interest rate spread parameters set forth in Sections (1) and (3) above shall be either increased or decreased in accordance with the following schedule: Agent Base Rate +25 Basis Points -10 Basis Points +25 Basis Points LIBOR +315 Basis Points +280 Basis Points +315 Basis Points The applicable interest rate adjustment shall (i) be considered as of each fiscal year end based on annual financial information provided by the Company within 90 days of such fiscal year end; (ii) become effective as of the first day of the month following receipt of such information by Agent; and (iii) shall be effective on a prospective basis only and shall not affect existing fixed rate pricing. The Company shall select the applicable rate option at the time it requests a loan hereunder and may, subject to the limitations set forth above, elect to convert balances bearing interest at the variable rate option to one of the fixed rate options. Upon the expiration of any fixed rate period, interest shall automatically accrue at the variable rate option unless the amount fixed is repaid or fixed for an additional period in accordance with the terms hereof. Notwithstanding the foregoing, rates may not be fixed in such a manner as to cause the Company to have to break any fixed rate balance in order to pay any installment of principal. All elections provided for herein shall be made electronically (if applicable), telephonically or in writing and must be received by Agent not later than 12:00 Noon Company's local time in order to be considered to have been received on that day; provided, however, that in the case of LIBOR rate loans, all such elections must be confirmed in writing upon Agent’s request. Interest shall be calculated on the actual number of days each loan is outstanding on the basis of a year consisting of 360 days and shall be payable monthly in arrears by the 20th day of the following month or on such other day in such month as Agent shall require in a written notice to the Company; provided, however, in the event the Company elects to fix all or a portion of the indebtedness outstanding under the LIBOR interest rate option above, at Agent’s option upon written notice to the Company, interest shall be payable at the maturity of the Interest Period and if the LIBOR interest rate fix is for a period longer than 3 months, interest on that portion of the indebtedness outstanding shall be payable quarterly in arrears on each three-month anniversary of the commencement...
Performance Pricing Adjustments. The rates of interest being charged on the Term Loan and the Revolving Loan, respectively, pursuant to Subsections 4.10.1, 4.
Performance Pricing Adjustments. The interest rate spread parameters set forth in Subsections (1) and (3) above shall be as set forth in the following schedule: Agent Base Rate + 0.75 % + 0.50 % + 0.25 % + 0.00 % LIBOR + 3.50 % + 3.25 % + 3.00 % + 2.75 % Notwithstanding the foregoing, the initial interest rate spreads shall be those specified above for a Total Funded Debt to Net Worth greater than 0.60:1.00, with the first adjustment to occur as set forth below. In addition (and without limiting or affecting the provisions of Section 13 of the MLA), during any time that the Company is not in compliance with its agreements with Farm Credit or the Agent, the interest rate spreads shall be those specified above for a Total Funded Debt to Net Worth greater than 0.60:1.00.
Performance Pricing Adjustments. The interest rate spread parameters set forth in Subsections (1) and (3) above shall be as set forth in the following schedule:
