Adjusted Applicable Percentage definition

Adjusted Applicable Percentage means, with respect to any Bank and its Commitment, the percentage of the total Commitments (excluding the Commitment of any Defaulting Bank) represented by such Bank’s Commitment. If the Commitments have terminated or expired, the Adjusted Applicable Percentages shall be determined based upon the Commitments most recently in effect, giving effect to any assignments.

Adjusted Applicable Percentage means, with respect to any Revolving Credit Lender, such Revolving Credit Lender’s Applicable Percentage adjusted to exclude from the calculation thereof the Revolving Credit Commitment of any Defaulting Lender. If the Revolving Credit Commitments have terminated, the Adjusted Applicable Percentages shall be determined based upon the Revolving Credit Commitments most recently in effect, giving effect to any assignments and to any Revolving Credit Lender’s status as a Defaulting Lender at the time of determination.

Adjusted Applicable Percentage means, at any time, with respect to any Lender, the percentage of the total Commitments (excluding the Commitment of any Defaulting Lender) represented by such Lender’s Commitment at such time. If the Commitments have been terminated or expired, the Adjusted Applicable Percentages shall be determined based upon the Commitments most recently in effect, giving effect to any assignments.

Examples of Adjusted Applicable Percentage in a sentence

• The Sellers shall, in connection with the preparation of the Adjusted Applicable Percentage Statement, negotiate in good faith to determine the mechanism for allocating the EBITDA of the Company among the Sellers and X.

• Xxxxxxx shall, in connection with the preparation of the Goodwill Adjusted Applicable Percentage Statement, negotiate in good faith to determine the mechanism for allocating the EBITDA of the Company among the Sellers and M.

• Xxxxxxx shall be entitled to an Accelerated Goodwill Earn-Out Payment that is equal to the product of (1) seven (7), (2) the Average Annualized Earn-Out EBITDA for the then completed fiscal months of the fourth Earn-Out Year, (3) forty-five percent (45%), and (4) the Goodwill Adjusted Applicable Percentage.

• Xxxxxxx shall be entitled to an Accelerated Goodwill Earn-Out Payment that is equal to the product of (1) seven (7), (2) the Average Annualized Earn-Out EBITDA for the then completed fiscal months of the third Earn-Out Year, (3) forty-five percent (45%), and (4) the Goodwill Adjusted Applicable Percentage.

• The analysis showed about 1% of US Army installation lands are suitable for crop production, which translates to about 150,000 acres that might be used for oilseed crops.

More Definitions of Adjusted Applicable Percentage

Adjusted Applicable Percentage means, with respect to any Lender at any time with respect to any Revolving Borrowing or any risk participation in any L/C Credit Extension (including the obligation to make any L/C Advance in connection with such L/C Credit Extension), such Lender’s Adjusted Applicable Percentage determined in accordance with the provisions of Section 2.01(c) and subject to adjustment as provided in Sections 2.05, 2.14 and 2.15.

Adjusted Applicable Percentage means, with respect to any Stockholder, at any time, such Stockholder's Applicable Percentage, recalculated after subtracting from (x) the Voting Shares beneficially owned by such Stockholder and its Permitted Transferees and, in the case of the Claridge Group, all other members of the Claridge Group and their respective Permitted Transferees (y) all Voting Shares acquired in open market purchases, in privately-negotiated transactions (other than from a Stockholder or a Permitted Transferee of 6 2 any Stockholder) or from the Company (other than pursuant to Section 7.1 or a transaction described in clause (ii) of Section 7.1(g)).

Adjusted Applicable Percentage means, with respect to any Lender at any time with respect to any Revolving Borrowing or any risk participation in any L/C Credit Extension (including the obligation to make any L/C Advance in connection with such L/C Credit Extension), such Lender’s Adjusted Applicable Percentage determined in accordance with the provisions of Section 2.01(c) and subject to adjustment as provided in Sections 2.14 and 2.15.

Adjusted Applicable Percentage has the meaning set forth in the MIPA.

Adjusted Applicable Percentage has the meaning specified in Section 3.1(b)(ii) hereof.

Adjusted Applicable Percentage for any Fiscal Year means the lesser of: (A) the Applicable Percentage for such Fiscal Year plus the product of such Applicable Percentage multiplied by a fraction, the numerator of which is the percentage of certain itemized deductions subject to disallowance under Code Section 68(a)(1) for such Fiscal Year (which is currently 0% but which, under current law, is scheduled to become 3% for Fiscal Years after 2012) and the denominator of which is the highest marginal California personal income tax rate (including any surtax) that applies to a California resident individual for such Fiscal Year (which rate is currently 10.3%), resulting in such fraction being 3%/10.3%, or the equivalent of 29.126%, for Fiscal Years after 2012 (absent any change in current law), and (B) the Applicable Percentage for such Fiscal Year plus the product of (i) the excess of one hundred percent (100%) over such Applicable Percentage and (ii) the maximum percentage (if any) of California personal income tax which is subject to disallowance as a deduction from federal taxable income under Code Section 68(a)(2) for such Fiscal Year (which, under current law, is scheduled to become 80% for Fiscal Years after 2012); resulting, under current law as scheduled to go into effect for Fiscal Years after 2012, in (A) being 77.992% and (B) being 92.080% and the Adjusted Applicable Percentage therefore being 77.992% (which is the lesser of (A) and (B)) for Fiscal Years after 2012. In no event shall the Adjusted Applicable Percentage exceed 100%.

Adjusted Applicable Percentage of a Seller means such Seller’s percentage interest in the Earn-Out Payment as determined pursuant to Schedule E.