Common use of Term Loan Applicable Margin Clause in Contracts

Term Loan Applicable Margin. For Term Loans, the LIBOR Rate Loans and Base Rate Loans of each Class shall be as set forth below in the applicable caption based on the Consolidated Leverage Ratio as set forth in the most recent Compliance Certificate pursuant to §7.4(c): Pricing Level Consolidated Leverage Ratio LIBOR Rate Loans Base Rate Loans Pricing Level 1 Less than or equal to 35% 1.900% 0.90% Pricing Level 2 Greater than 35% but equal to or less than 40% 1.975% 0.975% Pricing Level 3 Greater than 40% but equal to or less than 45% 2.050% 1.050% Pricing Level 4 Greater than 45% but equal to or less than 50% 2.125% 1.125% Pricing Level 5 Greater than 50% 2.200% 1.200% Term Loan Commitment. As to each Term Lender, such Term Lender’s obligation to make a Term Loan on the Closing Date pursuant to §2.1(b), in an amount up to, but not exceeding, the amount set forth for such Lender on Schedule 1.1 as such Lender’s “Term Loan Commitment.” Term Loan Commitment Percentage. With respect to each Term Lender, the percentage set forth on Schedule 1.1 hereto as such Term Lender’s percentage of the Term Loan Commitments, as the same may be changed from time to time in accordance with the terms of this Agreement; provided that if the Term Loan Commitments of the Term Lenders have been terminated as provided in this Agreement, then the Term Loan Commitment of each Term Lender shall be determined based on the Term Loan Commitment Percentage of such Term Lender immediately prior to such termination and after giving effect to any subsequent assignments made pursuant to the terms hereof. Term Loan Maturity Date. February 15, 2024, as such date may be extended as provided in §2.9, or such earlier date on which the Term Loans shall become due and payable pursuant to the terms hereof. Term Loan Unused Fee. See §2.1(b).

Appears in 1 contract

Samples: Credit Agreement (Highlands REIT, Inc.)

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Term Loan Applicable Margin. For On any date the Term Loans, the Loan Applicable Margin for Term LIBOR Rate Loans and Term Base Rate Loans of each Class shall be as set forth below in the applicable caption based on the ratio of the Consolidated Leverage Ratio as set forth in Total Indebtedness of Parent Company and its respective Subsidiaries to the most recent Compliance Certificate pursuant to §7.4(c): Gross Asset Value of Parent Company and its respective Subsidiaries: Pricing Level Consolidated Leverage Ratio LIBOR Rate Loans Base Rate Loans Pricing Level 1 Less than or equal to 35% 1.9001.50 % 0.900.50 % Pricing Level 2 Greater than 35% but less than or equal to or less than 40% 1.9751.60 % 0.9750.60 % Pricing Level 3 Greater than 40% but less than or equal to or less than 45% 2.0501.75 % 1.0500.75 % Pricing Level 4 Greater than 45% but less than or equal to or less than 50% 2.1251.90 % 1.1250.90 % Pricing Level 5 Greater than 50% 2.2002.10 % 1.2001.10 % The initial Term Loan CommitmentApplicable Margin shall be at Pricing Level 1. As to each Term Lender, such Term Lender’s obligation to make a The Term Loan Applicable Margin shall not be adjusted based upon such ratio, if at all, until the first (1st) day of the first (1st) month following the delivery by Parent Company to the Agent of the Compliance Certificate after the end of a calendar quarter. In the event that Parent Company shall fail to deliver to the Agent a quarterly Compliance Certificate on or before the date required by §7.4(c), then without limiting any other rights of the Agent and the Lenders under this Agreement, the Term Loan Applicable Margin for Term Loans shall be at Pricing Level 5 until such failure is cured within any applicable cure period, or waived in writing by the Required Lenders, in which event the Term Loan Applicable Margin shall adjust, if necessary, on the Closing Date pursuant to §2.1(bfirst (1st) day of the first (1st) month following receipt of such Compliance Certificate. In the event that the Agent and the Borrower determine that any financial statements previously delivered were incorrect or inaccurate (regardless of whether this Agreement or Term Loan Commitments are in effect when such inaccuracy is discovered), in an amount up toand such inaccuracy, but not exceedingif corrected, would have led to the amount set forth application of a higher Term Loan Applicable Margin for such Lender on Schedule 1.1 as such Lender’s any period (a “Term Loan Commitment.” Term Loan Commitment Percentage. With respect to each Term Lender, the percentage set forth on Schedule 1.1 hereto as such Term Lender’s percentage of Applicable Period”) than the Term Loan CommitmentsApplicable Margin applied for such Term Loan Applicable Period, then (i) the Borrower shall as soon as practicable deliver to the same may Agent the corrected financial statements for such Term Loan Applicable Period, (ii) the Term Loan Applicable Margin shall be changed from time determined as if the Pricing Level for such higher Term Loan Applicable Margin were applicable for such Term Loan Applicable Period, and (iii) the Borrower shall within three (3) Business Days of demand thereof by the Agent pay to time the Agent the accrued additional amount owing as a result of such increased Term Loan Applicable Margin for such Term Loan Applicable Period, which payment shall be promptly applied by the Agent in accordance with the terms of this Agreement; provided that if the Term Loan Commitments of the Term Lenders have been terminated as provided in this Agreement, then the Term Loan Commitment of each Term Lender shall be determined based on the Term Loan Commitment Percentage of such Term Lender immediately prior to such termination and after giving effect to any subsequent assignments made pursuant to the terms hereof. Term Loan Maturity Date. February 15, 2024, as such date may be extended as provided in §2.9, or such earlier date on which the Term Loans shall become due and payable pursuant to the terms hereof. Term Loan Unused Fee. See §2.1(b).

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (QualityTech, LP)

Term Loan Applicable Margin. For (a) On any date the Term Loans, the Loan Applicable Margin for Term LIBOR Rate Loans and Term Base Rate Loans of each Class shall be as set forth below in the applicable caption based on the ratio of the Consolidated Leverage Ratio as set forth in Total Indebtedness of Parent Company and its respective Subsidiaries to the most recent Compliance Certificate pursuant to §7.4(c): Gross Asset Value of Parent Company and its respective Subsidiaries: Pricing Level Consolidated Leverage Ratio Term LIBOR Rate Loans Term Base Rate Loans Pricing Level 1 Less than or equal to 35% 1.9001.30% 0.900.30% Pricing Level 2 Greater than 35% but less than or equal to or less than 40% 1.9751.40% 0.9750.40% Pricing Level 3 Greater than 40% but less than or equal to or less than 45% 2.0501.55% 1.0500.55% Pricing Level 4 Greater than 45% but less than or equal to or less than 50% 2.1251.70% 1.1250.70% Pricing Level Ratio Term LIBOR Rate Loans Term Base Rate Loans Pricing Level 5 Greater than 50% 2.2001.90% 1.2000.90% 47 The initial Term Loan CommitmentApplicable Margin shall be at Pricing Level 1. As to each Term Lender, such Term Lender’s obligation to make a The Term Loan Applicable Margin shall not be adjusted based upon such ratio, if at all, until the first (1st) day of the first (1st) month following the delivery by Parent Company to the Agent of the Compliance Certificate after the end of a calendar quarter. In the event that Parent Company shall fail to deliver to the Agent a quarterly Compliance Certificate on or before the date required by §7.4(c), then without limiting any other rights of the Agent and the Lenders under this Agreement, the Term Loan Applicable Margin for Term Loans shall be at Pricing Level 5 until such failure is cured within any applicable cure period, or waived in writing by the Required Lenders, in which event the Term Loan Applicable Margin shall adjust, if necessary, on the Closing Date pursuant to §2.1(bfirst (1st) day of the first (1st) month following receipt of such Compliance Certificate. In the event that the Agent and the Borrower determine that any financial statements previously delivered were incorrect or inaccurate (regardless of whether this Agreement or Term Loan Commitments are in effect when such inaccuracy is discovered), in an amount up toand such inaccuracy, but not exceedingif corrected, would have led to the amount set forth application of a higher Term Loan Applicable Margin for such Lender on Schedule 1.1 as such Lender’s any period (a “Term Loan Commitment.” Term Loan Commitment Percentage. With respect to each Term Lender, the percentage set forth on Schedule 1.1 hereto as such Term Lender’s percentage of Applicable Period”) than the Term Loan CommitmentsApplicable Margin applied for such Term Loan Applicable Period, then (i) the Borrower shall as soon as practicable deliver to the same may Agent the corrected financial statements for such Term Loan Applicable Period, (ii) the Term Loan Applicable Margin shall be changed from time determined as if the Pricing Level for such higher Term Loan Applicable Margin were applicable for such Term Loan Applicable Period, and (iii) the Borrower shall within three (3) Business Days of demand thereof by the Agent pay to time the Agent the accrued additional amount owing as a result of such increased Term Loan Applicable Margin for such Term Loan Applicable Period, which payment shall be promptly applied by the Agent in accordance with the terms of this Agreement; provided that if the Term Loan Commitments of the Term Lenders have been terminated as provided in this Agreement, then the Term Loan Commitment of each Term Lender shall be determined based on the Term Loan Commitment Percentage of such Term Lender immediately prior to such termination and after giving effect to any subsequent assignments made pursuant to the terms hereof. Term Loan Maturity Date. February 15, 2024, as such date may be extended as provided in §2.9, or such earlier date on which the Term Loans shall become due and payable pursuant to the terms hereof. Term Loan Unused Fee. See §2.1(b).

Appears in 1 contract

Samples: Credit Agreement (QTS Realty Trust, Inc.)

Term Loan Applicable Margin. For On any date the Term Loans, the Loan Applicable Margin for Term LIBOR Rate Loans and Term Base Rate Loans of each Class shall be as set forth below in the applicable caption based on the ratio of the Consolidated Leverage Ratio as set forth in Total Indebtedness of Parent Company and its respective Subsidiaries to the most recent Compliance Certificate pursuant to §7.4(c): Gross Asset Value of Parent Company and its respective Subsidiaries: Pricing Level Consolidated Leverage Ratio LIBOR Rate Loans Base Rate Loans Pricing Level 1 Less than or equal to 35% 1.9001.65 % 0.900.65 % Pricing Level 2 Greater than 35% but less than or equal to or less than 40% 1.9751.70 % 0.9750.70 % Pricing Level 3 Greater than 40% but less than or equal to or less than 45% 2.0501.90 % 1.0500.90 % Pricing Level 4 Greater than 45% but less than or equal to or less than 50% 2.1252.05 % 1.1251.05 % Pricing Level 5 Greater than 50% 2.2002.20 % 1.2001.20 % The initial Term Loan CommitmentApplicable Margin shall be at Pricing Level 1. As to each Term Lender, such Term Lender’s obligation to make a The Term Loan Applicable Margin shall not be adjusted based upon such ratio, if at all, until the first (1st) day of the first (1st) month following the delivery by Parent Company to the Agent of the Compliance Certificate after the end of a calendar quarter. In the event that Parent Company shall fail to deliver to the Agent a quarterly Compliance Certificate on or before the date required by §7.4(c), then without limiting any other rights of the Agent and the Lenders under this Agreement, the Term Loan Applicable Margin for Term Loans shall be at Pricing Level 5 until such failure is cured within any applicable cure period, or waived in writing by the Required Lenders, in which event the Term Loan Applicable Margin shall adjust, if necessary, on the Closing Date pursuant to §2.1(bfirst (1st) day of the first (1st) month following receipt of such Compliance Certificate. In the event that the Agent and the Borrower determine that any financial statements previously delivered were incorrect or inaccurate (regardless of whether this Agreement or Term Loan Commitments are in effect when such inaccuracy is discovered), in an amount up toand such inaccuracy, but not exceedingif corrected, would have led to the amount set forth application of a higher Term Loan Applicable Margin for such Lender on Schedule 1.1 as such Lender’s any period (a “Term Loan Commitment.” Term Loan Commitment Percentage. With respect to each Term Lender, the percentage set forth on Schedule 1.1 hereto as such Term Lender’s percentage of Applicable Period”) than the Term Loan CommitmentsApplicable Margin applied for such Term Loan Applicable Period, then (i) the Borrower shall as soon as practicable deliver to the same may Agent the corrected financial statements for such Term Loan Applicable Period, (ii) the Term Loan Applicable Margin shall be changed from time determined as if the Pricing Level for such higher Term Loan Applicable Margin were applicable for such Term Loan Applicable Period, and (iii) the Borrower shall within three (3) Business Days of demand thereof by the Agent pay to time the Agent the accrued additional amount owing as a result of such increased Term Loan Applicable Margin for such Term Loan Applicable Period, which payment shall be promptly applied by the Agent in accordance with the terms of this Agreement; provided that if the Term Loan Commitments of the Term Lenders have been terminated as provided in this Agreement, then the Term Loan Commitment of each Term Lender shall be determined based on the Term Loan Commitment Percentage of such Term Lender immediately prior to such termination and after giving effect to any subsequent assignments made pursuant to the terms hereof. Term Loan Maturity Date. February 15, 2024, as such date may be extended as provided in §2.9, or such earlier date on which the Term Loans shall become due and payable pursuant to the terms hereof. Term Loan Unused Fee. See §2.1(b).

Appears in 1 contract

Samples: Credit Agreement (QTS Realty Trust, Inc.)

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Term Loan Applicable Margin. For (a) On any date the Term Loans, the Loan Applicable Margin for Term LIBOR Rate Loans and Term Base Rate Loans of each Class shall be as set forth below in the applicable caption based on the ratio of the Consolidated Leverage Ratio as set forth in Total Indebtedness of Parent Company and its respective Subsidiaries to the most recent Compliance Certificate pursuant to §7.4(c): Gross Asset Value of Parent Company and its respective Subsidiaries: Pricing Level Consolidated Leverage Ratio Term LIBOR Rate Loans Term Base Rate Loans Pricing Level 1 Less than or equal to 35% 1.9001.50% 0.900.50% Pricing Level 2 Greater than 35% but less than or equal to or less than 40% 1.9751.60% 0.9750.60% Pricing Level 3 Greater than 40% but less than or equal to or less than 45% 2.0501.75% 1.0500.75% Pricing Level 4 Greater than 45% but less than or equal to or less than 50% 2.1251.90% 1.1250.90% Pricing Level 5 Greater than 50% 2.2002.10% 1.2001.10% The initial Term Loan CommitmentApplicable Margin shall be at Pricing Level 1. As to each Term Lender, such Term Lender’s obligation to make a The Term Loan Applicable Margin shall not be adjusted based upon such ratio, if at all, until the first (1st) day of the first (1st) month following the delivery by Parent Company to the Agent of the Compliance Certificate after the end of a calendar quarter. In the event that Parent Company shall fail to deliver to the Agent a quarterly Compliance Certificate on or before the date required by §7.4(c), then without limiting any other rights of the Agent and the Lenders under this Agreement, the Term Loan Applicable Margin for Term Loans shall be at Pricing Level 5 until such failure is cured within any applicable cure period, or waived in writing by the Required Lenders, in which event the Term Loan Applicable Margin shall adjust, if necessary, on the Closing Date pursuant to §2.1(bfirst (1st) day of the first (1st) month following receipt of such Compliance Certificate. In the event that the Agent and the Borrower determine that any financial statements previously delivered were incorrect or inaccurate (regardless of whether this Agreement or Term Loan Commitments are in effect when such inaccuracy is discovered), in an amount up toand such inaccuracy, but not exceedingif corrected, would have led to the amount set forth application of a higher Term Loan Applicable Margin for such Lender on Schedule 1.1 as such Lender’s any period (a “Term Loan Commitment.” Term Loan Commitment Percentage. With respect to each Term Lender, the percentage set forth on Schedule 1.1 hereto as such Term Lender’s percentage of Applicable Period”) than the Term Loan CommitmentsApplicable Margin applied for such Term Loan Applicable Period, then (i) the Borrower shall as soon as practicable deliver to the same may Agent the corrected financial statements for such Term Loan Applicable Period, (ii) the Term Loan Applicable Margin shall be changed from time determined as if the Pricing Level for such higher Term Loan Applicable Margin were applicable for such Term Loan Applicable Period, and (iii) the Borrower shall within three (3) Business Days of demand thereof by the Agent pay to time the Agent the accrued additional amount owing as a result of such increased Term Loan Applicable Margin for such Term Loan Applicable Period, which payment shall be promptly applied by the Agent in accordance with the terms of this Agreement; provided that if the Term Loan Commitments of the Term Lenders have been terminated as provided in this Agreement, then the Term Loan Commitment of each Term Lender shall be determined based on the Term Loan Commitment Percentage of such Term Lender immediately prior to such termination and after giving effect to any subsequent assignments made pursuant to the terms hereof. Term Loan Maturity Date. February 15, 2024, as such date may be extended as provided in §2.9, or such earlier date on which the Term Loans shall become due and payable pursuant to the terms hereof. Term Loan Unused Fee. See §2.1(b).

Appears in 1 contract

Samples: Credit Agreement (QTS Realty Trust, Inc.)

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