Pricing Levels Sample Clauses

Pricing Levels. For purposes of this Agreement, the following terms have the following meanings, subject to the concluding paragraph of this Section 1.08:
Sample 1Sample 2Sample 3See All (8)
Pricing Levels. For purposes of Sections 2.1(e) and 2.3(c), the applicable level of pricing (the "Pricing Level") shall be determined by Pricing Level Test A, provided, that in the event the Borrower receives a Long-Term Debt Rating, the Borrower may elect, which election shall be irrevocable so long as the Borrower has a Long-Term Debt Rating, by written notice to the Agent, to have the Pricing Level determined by Pricing Level Test B. Any change in the applicable Pricing Level resulting from the election of the Borrower to have Pricing Level Test B apply shall be effective as of the first day of the calendar month following the month in which the Agent receives written notice of such election from the Borrower. The Pricing Level Tests described in this clause (b) are as follows:
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Pricing Levels. For purposes of this Agreement, the -------------- following terms have the following meanings, subject to the concluding paragraph of this Section 1.04: "LEVEL I STATUS" exists at any date if, at such date, the Borrower's senior unsecured long-term debt is rated A- and A3 or higher. "LEVEL II STATUS" exists at any date if, at such date, the Borrower's senior unsecured long-term debt is rated BBB+ and Baa1. "LEVEL III STATUS" exists at any date if, at such date, the Borrower's senior unsecured long-term debt is rated BBB and Baa2. "LEVEL IV STATUS" exists at any date if, at such date, the Borrower's senior unsecured long-term debt is rated BBB- and Baa3. "LEVEL V STATUS" exists at any date if, at such date, the Borrower's senior unsecured long-term debt is rated BBB- or Baa3. "LEVEL VI STATUS" exists at any date if, at such date, no other Status exists. The credit ratings to be utilized for purposes of the Euro-Dollar Margin, the Utilization Fee Rate and the Facility Fee Rate are those assigned by S&P or Xxxxx'x to the senior unsecured long-term debt securities of the Borrower without third-party credit enhancement, and any rating assigned to any other debt security of the Borrower shall be disregarded. The rating in effect at any date is that in effect at the close of business on such date. In the case of split ratings with respect to pricing from S&P and Xxxxx'x, the rating to be used to determine Status is the higher of the two (e.g. BBB+and Baa2 results in Level II Status); provided that in the event the split is more than one full category, the average (or the higher of two intermediate ratings) shall be used (e.g., BBB+ and Baa3 results in Level III Status, as does BBB+ and Ba1).
Sample 1
Pricing Levels. For the purposes of Sections 2.06(a) and -------------- 2.05 (a) the applicable level of pricing (the "Pricing Level") shall be determined as follows: Pricing Level Performance Ratio ------------- ----------------- Level I Less than 2.25x Level II 2.25x - 2.49x Level III 2.50x - 2.99x Level IV 3.00x - 3.49x Level V 3.50x - 3.99x Level VI Greater than or equal to 4.00x provided, that through the first day of the calendar month following the first determination of the Performance Ratio, the Applicable Margin shall equal (i) 175 basis points in respect of Euro-Rate based and As-Offered Rate based Loans which are Term Loan A Facility Term Loans and Revolving Credit Loans (including Swingline Loans), (ii) 225 basis points in respect of Euro-Rate based Loans which are Term Loan B Facility Term Loans and (iii) 75 basis points in respect of Base Rate based Loans. Together with each delivery of financial statements pursuant to Section 6.01(a) or 6.01(b), the Borrower shall deliver a certificate, duly completed and signed by the Treasurer, Controller or Chief Financial Officer of Borrower, setting forth the calculation of the Performance Ratio, as supported by the accompanying financial statements, stating the Pricing Level applicable to such Performance Ratio and calculating the U.S. Dollar Equivalent of the Revolving Credit Exposure. Except as expressly set forth herein, any change in the applicable Pricing Level shall be effective as of the first day of the calendar month following the month in which the applicable financial statements and certificate are received by the Administrative Agent.
Sample 1
Pricing Levels. The definitions of "Level I Pricing", "Level II Pricing", "Level III Pricing", "Level IV Pricing" and "Level V Pricing" in Section 1.01 of the Credit Agreement are amended to read as follows:
Sample 1
Pricing Levels. The Vendor agrees to sell Filtration Systems to the Purchaser, and the Purchaser agrees to purchase such Filtration Systems from the Vendor, at the confidential quantity and price levels set forth on Schedule I hereto and incorporated herein.
Sample 1
Pricing Levels. For purposes of this Agreement, the following terms have the following meanings, subject to the concluding paragraph of this Section 1.4:
Sample 1
Pricing Levels. The definitions of "Level", "Level I", "Level II", -------------- "Level III", "Level IV", and "Level V" are respectively deleted and replaced
Sample 1

Related to Pricing Levels

  • Staffing Levels To the extent legislative appropriations and PIN authorizations allow, safe staffing levels will be maintained in all institutions where employees have patient, client, inmate or student care responsibilities. In July of each year, the Secretary or Deputy Secretary of each agency will, upon request, meet with the Union, to hear the employees’ views regarding staffing levels. In August of each year, the Secretary or Deputy Secretary of Budget and Management will, upon request, meet with the Union to hear the employees’ views regarding the Governor’s budget request.

  • Applicable Margins The ABR Applicable Margin and the LIBOR Applicable Margin to be used in calculating the interest rate applicable to different Types of Advances shall vary from time to time in accordance with the long-term unsecured debt ratings from Xxxxx’x, and Fitch of the General Partner and the Borrower. In the event the General Partner and the Borrower have different ratings, the rating of the higher rated entity shall be used. In the event the rating agencies are split on the rating for the higher rated entity, the lower rating for such entity shall be deemed to be the applicable rating (e.g., if the higher rated entity’s Xxxxx’x debt rating is Baa1, and its Fitch’s rating is BBB, then the Applicable Margins shall be computed based on the Fitch rating), and the Applicable Margins shall be adjusted effective on the next Business Day following any change in the higher rated entity’s Xxxxx’x debt rating, and/or Fitch’s debt rating, as the case may be. The applicable debt ratings and the Applicable Margins are set forth in the table attached as Exhibit A. In the event that Fitch or Xxxxx’x shall discontinue their ratings of the REIT industry, the General Partner or the Borrower, a mutually agreeable substitute rating agency (or two mutually agreeable substitute agencies if both existing rating agencies discontinue such ratings) shall be selected by the Required Lenders and the Borrower. If the Required Lenders and the Borrower cannot agree on a substitute rating agency or substitute rating agencies within thirty (30) days after such discontinuance, or if Fitch and Xxxxx’x shall discontinue their ratings of the REIT industry, the Borrower, or the General Partner, the Applicable Margin to be used for the calculation of interest on Advances hereunder shall be the highest Applicable Margin for each Type. If a rating agency downgrade or discontinuance results in an increase in the ABR Applicable Margin, the LIBOR Applicable Margin, or Facility Fee Rate and if such downgrade or discontinuance is reversed and the affected Applicable Margin is restored within ninety (90) days thereafter, at the Borrower’s request, the Borrower shall receive a credit against interest next due the Lenders equal to interest accrued from time to time during such period of downgrade or discontinuance and actually paid by the Borrower on the Advances at the differential between such Applicable Margins, and the differential of the Facility Fee paid during such period of downgrade. If a rating agency upgrade results in a decrease in the ABR Applicable Margin, LIBOR Applicable Margin or Facility Fee Rate and if such upgrade is reversed and the affected Applicable Margin is restored within ninety (90) days thereafter, Borrower shall be required to pay an amount to the Lenders equal to the interest differential on the Advances and the differential on the Facility Fees during such period of upgrade.

  • Debt Rating The Liquidity Provider has a short-term debt ratings of “P-1” from Xxxxx’x and “F1+” from Fitch.

  • Level I If the grievance is not resolved through informal discussions, the School District designee shall give a written decision on the grievance to the parties involved within ten (10) days after receipt of the written grievance.

  • Level IV a. If the grievant is not satisfied with the disposition of his/her grievance at Level III, he/she may file the grievance within five (5) days of the Level III response for transmittal to the Board. b. The Board will hear the grievance at its next regularly scheduled meeting or a special meeting which has been called for that purpose. The Board shall transmit its written decision to the grievant within five (5) days of the meeting. The decision of the Board shall be final. Nothing in this section shall be construed so as to deny a grievant any appeal rights available under the law.

  • Level III In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such an appeal is made in writing within ten (10) days after receipt of the decision in Level II. If a grievance is properly appealed to the School Board, the School District shall hear the grievance within twenty (20) days after the receipt of the appeal. Within twenty (20) days after the meeting the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School District may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School District. The School District shall then render its decision.

  • Applicable Margin On the Third Amendment Effective Date and thereafter, the Applicable Margin with respect to the Term Loan D Loans shall be for Base Rate Advances, 1.50%, and for LIBOR Advances, 2.50%. The Applicable Margin with respect to the Term Loan D Loans shall be subject to reduction or increase, as applicable, and as set forth in the tables below, based upon the Borrower Leverage Ratio and the Senior Leverage Ratio set forth on a pro forma basis in any Request for Advance and as reflected in the financial statements required to be delivered for the fiscal quarter most recently ended pursuant to Section 6.1 or Section 6.2 hereof; provided that the Applicable Margins set forth in the tables below shall be increased by 25 bps at any time when the Senior Leverage Ratio is greater than 2.5 to 1.0. The adjustment provided for in this Section 2.3(f)(ii) shall be effective (A) with respect to an increase of the Applicable Margin, as of the second (2nd) Business Day after the earliest of (1) with respect to Base Rate Advances, the day on which any Request for Advance is delivered, (2) with respect to LIBOR Advances, the day on which the requested Advance is made or (3) the day on which financial statements are required to be delivered to the Administrative Agent pursuant to Sections 6.1 and 6.2 hereof, as the case may be, and (B) with respect to a decrease in the Applicable Margin, as of the second (2nd) Business Day after the earliest of (1) with respect to Base Rate Advances, the day on which any Request for Advance is delivered, (2) with respect to LIBOR Advances, the day on which the requested Advance is made or (3) except with respect to Interest Periods ending (or other payments of interest occurring) before the date that such financial statements are actually delivered to the Administrative Agent, the day on which such financial statements are required to be delivered to the Administrative Agent pursuant to Section 6.1 or 6.2 hereof. Notwithstanding the foregoing, if the Borrower shall fail to deliver financial statements within forty-five (45) days after the end of any of the first three fiscal quarters of the Borrower’s fiscal year (or within ninety (90) days after the end of the last fiscal quarter of the Borrower’s fiscal year), as required by Sections 6.1 or 6.2 hereof, it shall be conclusively presumed that the Applicable Margin is based upon a Borrower Leverage Ratio equal to the highest level set forth in the table below and a Senior Leverage Ratio greater than 2.5 to 1.0 for the period from and including the forty-sixth (46th) day (or ninety-first (91st) day, in the case of the last quarter) after the end of such fiscal quarter, as the case may be, to the Business Day following the delivery by the Borrower to the Administrative Agent of such financial statements: Greater than 4.00 to 1.00 1.50% 2.50% Less than or equal to 4.00 to 1.00 1.25% 2.25%

  • Level II In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Superintendent of Schools, provided such an appeal is made in writing within ten (10) days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall meet regarding the grievance within fifteen (15) days after receipt of the appeal. Within ten (10) days after the meeting, the Superintendent or his/her designee shall issue a decision, in writing, to the parties involved.

  • Measuring EPP parameters Every 5 minutes, EPP probes will select one “IP address” of the EPP servers of the TLD being monitored and make an “EPP test”; every time they should alternate between the 3 different types of commands and between the commands inside each category. If an “EPP test” result is undefined/unanswered, the EPP service will be considered as unavailable from that probe until it is time to make a new test.

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.