CDS Determination Date means (a) as to any Eurocurrency Rate Advance, the second Business Day prior to the Business Day such Eurocurrency Rate Advance is borrowed and, if applicable, the last Business Day prior to the continuation of such Eurocurrency Rate Advance; provided that, in the case of any Eurocurrency Rate Advance having an Interest Period of greater than three months, the last Business Day prior to each three-month period succeeding such initial three-month period shall also be a CDS Determination Date with respect to any such Eurocurrency Rate Advance, with the applicable Credit Default Swap Spread, as so determined, to be in effect as to such Eurocurrency Rate Advance for each day commencing with the first day of the applicable three-month period until subsequently re-determined in accordance with the foregoing, and (b) as to Base Rate Advances, each Initial Base Rate Advance Date and thereafter the first Business Day of each succeeding calendar quarter so long as Base Rate Advances are outstanding.
CDS Determination Date means (a) with respect to any Eurocurrency Loan, the second Business Day prior to the borrowing of such Eurocurrency Loan and, if applicable, the last Business Day prior to the continuation of such Eurocurrency Loan, provided that, in the case of any Eurocurrency Loan having an Interest Period greater than three months, the last Business Day prior to each three-month period succeeding such initial three-month period shall also be a CDS Determination Date with respect to such Eurocurrency Loan, with the applicable Credit Default Swap Spread, as so determined, to be in effect as to such Eurocurrency Loan for each day commencing with the first day of the applicable Interest Period until subsequently re-determined in accordance with the foregoing and (b) with respect to ABR Loans, initially on the Effective Date, and thereafter on the first Business Day of each succeeding calendar quarter.
CDS Determination Date means (a) as to LIBO Rate Advances, the second Business Day prior to the borrowing of such LIBO Rate Advance for such LIBO Rate Advances, and (b) as to Base Rate Advances, initially, the Effective Date and thereafter, the first Business Day of each succeeding calendar quarter.
More Definitions of CDS Determination Date
CDS Determination Date means (a) as to any Eurocurrency Revolving Credit Loan, the second Business Day prior to the Business Day such Eurocurrency Revolving Credit Loan is borrowed and, if applicable, the last Business Day prior to the continuation of such Eurocurrency Revolving Credit Loan; provided, that, in the case of any Eurocurrency Revolving Credit Loan having an Interest Period of greater than three months, the last Business Day prior to each three-month period succeeding such initial three-month period shall also be a CDS Determination Date and (b) as to any ABR Revolving Credit Loan or any Letter of Credit, initially the Effective Date and thereafter the first Business Day of each succeeding calendar quarter. The Credit Default Swap Spread determined on each CDS Determination Date will be in effect for the applicable Eurocurrency Revolving Credit Loan, ABR Revolving Credit Loan or Letter of Credit commencing with and including such CDS Determination Date to but excluding the next applicable CDS Determination Date.
CDS Determination Date means (a) with respect to any Eurodollar Loan, the second Business Day prior to the borrowing of such Eurodollar Loan and, if applicable, the last Business Day prior to the continuation of such Eurodollar Loan, provided that, in the case of any Eurodollar Loan having an Interest Period greater than three months, the last Business Day prior to each three-month period succeeding such initial three-month period shall also be a CDS Determination Date with respect to such Eurodollar Loan, with the applicable Credit Default Swap Spread, as so determined, to be in effect as to such Eurodollar Loan for each day commencing with the first day of the applicable Interest Period until subsequently re-determined in accordance with the foregoing and (b) with respect to ABR Loans, initially on the Closing Date, and thereafter on the first Business Day of each succeeding calendar quarter. A “Change in Control” shall be deemed to have occurred if (1) any “person” or “group” as such terms are used in Sections 13(d) and 14(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) shall become the “beneficial owner” (as defined in Rules 13(d)-3 and 13(d)-5 under the Exchange Act), directly or indirectly, of more than 50% of the outstanding common stock of the Borrower, or (2) a majority of the seats (other than vacant seats) on the board of directors of the Borrower shall at any time have been occupied by persons who were neither (a) nominated by the board of directors of the Borrower nor (b) appointed by directors so nominated.
CDS Determination Date means (a) with respect to any Eurocurrency Loan, the second Business Day prior to the borrowing of such Eurocurrency Loan and, if applicable, the last Business Day prior to the continuation of such Eurocurrency Loan, provided that, in the case of any Eurocurrency Loan having an Interest Period greater than three months, the last Business Day prior to each three-month period succeeding such initial three-month period shall also be a CDS Determination Date with respect to such Eurocurrency Loan, with the applicable Credit Default Swap Spread, as so determined, to be in effect as to such Eurocurrency Loan for each day commencing with the first day of the applicable Interest Period until subsequently re-determined in accordance with the foregoing and (b) with respect to ABR Loans, initially on the Closing Date, and thereafter on the first Business Day of each succeeding calendar quarter. For purposes of calculating the fees payable pursuant to Section 3.03, Letters of Credit will have CDS Determination Dates equivalent to ABR Loans. A “Change in Control” shall be deemed to have occurred if (1) with respect to the Borrower, (a) any “person” or “group” as such terms are used in Sections 13(d) and 14(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) shall become the “beneficial owner” (as defined in Rules 13(d)-3 and 13(d)-5 under the Exchange Act), directly or indirectly, of more than 50% of the outstanding common stock of the Borrower, or (b) a majority of the seats (other than vacant seats) on the board of directors of the Borrower shall at any time have been occupied by persons who were neither (i) nominated by the board of directors of the Borrower nor (ii) appointed by directors so nominated and (2) with respect to the UK Borrower, the Borrower shall cease to own and control, of record and beneficially, directly, or indirectly, 100% of each class of outstanding capital stock of the UK Borrower or its successor other than pursuant to a transaction allowed pursuant to Section 7.03(b).
CDS Determination Date means (a) as to any Eurocurrency Rate Advance, the second Business Day prior to the Business Day such Eurocurrency Rate Advance is borrowed and, if applicable, the last Business Day prior to the continuation of such Eurocurrency Rate Advance; provided that, in the case of any Eurocurrency Rate Advance having an Interest Period of greater than three months, the last Business Day prior to each three-month period succeeding such initial three-month period shall also be a CDS Determination Date with respect to any such Eurocurrency Rate Advance, with the applicable Credit Default Swap Spread, as so determined, to be in effect as to such Eurocurrency Rate Advance for each day commencing with the first day of the applicable three-month period until subsequently re- determined in accordance with the foregoing and (b) as to Base Rate Advances, each Initial Base Rate Advance Date and thereafter the first Business Day of each succeeding calendar quarter so long as Base Rate Advances are outstanding.
CDS Determination Date means (a) with respect to any Eurocurrency Loan, the second Business Day prior to the borrowing of such Eurocurrency Loan and, if applicable, the last Business Day prior to the continuation of such Eurocurrency Loan, provided that, in the case of any Eurocurrency Loan having an Interest Period greater than three months, the last Business Day prior to each three-month period succeeding such initial three-month period shall also be a CDS Determination Date with respect to such Eurocurrency Loan, with the applicable Credit Default Swap Spread, as so determined, to be in effect as to such Eurocurrency Loan for each day commencing with the first day of the applicable Interest Period until subsequently re-determined in accordance with the foregoing and (b) with respect to ABR Loans, initially on the Closing Date, and thereafter on the first Business Day of each succeeding calendar quarter. For purposes of calculating the fees payable pursuant to Section 3.03, Letters of Credit will have CDS Determination Dates equivalent to ABR Loans.A “Change in Control” shall be deemed to have occurred if (1) with respect to the Borrower, (a) any “person” or “group” as such terms are used in Sections 13(d) and 14(d) of the Securities ExchangeAct of 1934, as amended (the “Exchange Act”) shall become the “beneficial owner” (as defined in Rules 13(d)-3 and 13(d)-5 under the Exchange Act), directly or indirectly, of more than 50% of the outstanding common stock of the Borrower, or (b) a majority of the seats (other than vacant seats) on the board of directors of the Borrower shall at any time have been occupied by persons who were neither (i) nominated by the board of directors of the Borrower nor (ii) appointed by directors so nominated and (2) with respect to the UK Borrower, the Borrower shall cease to own and control, of record and beneficially, directly, or indirectly, 100% of each class of outstanding capital stock of the UK Borrower or its successor other than pursuant to a transaction allowed pursuant to Section 7.03(b).
CDS Determination Date means (a) as to any Eurocurrency Loan, the second Business Day prior to the Business Day such Eurocurrency Loan is borrowed and, if applicable, the last Business Day prior to the continuation of such Eurocurrency Loan, provided, that, in the case of any Eurocurrency Loan having an Interest Period of greater than three
CDS Determination Date means (a) as to any Eurocurrency Rate Advance, the second Business Day prior to the Business Day such Eurocurrency Rate Advance is borrowed and, if applicable, the last Business Day prior to the continuation of such Eurocurrency Rate Advance; provided that, in the case of any Eurocurrency Rate Advance having an Interest Period of greater than three months, the last Business Day prior to each three-month period succeeding such initial three-month period shall also be a CDS Determination Date with respect to any such Eurocurrency Rate Advance, with the applicable Credit Default Swap Spread, as so determined, to be in effect as to such Eurocurrency Rate Advance for each day commencing with the first day of the applicable three-month period until subsequently re-determined in accordance with the foregoing, (b) as to Base Rate Advances, each Initial Base Rate Advance Date and thereafter the first Business Day of each succeeding calendar quarter so long as Base Rate Advances are outstanding and (c) as to any Letter of Credit, the Effective Date and thereafter the first Business Day of each succeeding calendar quarter. “Co-Administrative Agents” means JPMorgan Chase Bank, N.A. and Citibank, N.A. “Code” means the U.S. Internal Revenue Code of 1986, as amended. “Commitment” has the meaning specified in Section 2.01. “Commitment Date” has the meaning specified in Section 2.19(b). “Commitment Fee Percentage” means, as of any date, the applicable rate per annum under the caption “Commitment Fee Percentage” as determined by reference to the Public Debt Rating in effect on such date as set forth below: Ratings Level Public Debt Rating S&P/Xxxxx’x Commitment Fee Percentage Level 1 At least A+ by S&P/A1 by Xxxxx’x 0.060 % Xxxxx 0 A by S&P/A2 by Xxxxx’x 0.070 % Level 3 A- by S&P/A3 by Xxxxx’x 0.090 % Xxxxx 0 Xxxxx xxxx X- xx X&X/X0 by Xxxxx’x or unrated 0.125 %