ABR Spread or "Commitment Fee", as the case may be, and (b) with respect to any Eurodollar Loan or ABR Loan that is part of a Tranche B Term Borrowing, the applicable rate per annum set forth in the second chart below under the caption "LIBOR Spread" or "ABR Spread", as the case may be, in each case based upon the Consolidated Leverage Ratio as of the fiscal quarter end immediately preceding the most recent Determination Date; provided that (i) the Applicable Rate shall (subject to clause (ii)) be determined by reference to Category 2 until the first Determination Date that is at least six months after the Closing Date, and (ii) the Applicable Rate shall be determined by reference to Category 1 at any time when the Borrower has failed to deliver any financial statement or certificate required to have been delivered under Section 5.03(a), (b) or (c). ----------------------------------------------------------------------------------------------------------- Revolving Credit Borrowings, Swingline Loans, --------------------------------------------- Tranche A Term Borrowings and Commitment Fees --------------------------------------------- ----------------------------------------------------------------------------------------------------------- Consolidated Leverage Ratio LIBOR Spread ABR Spread Commitment Fee --------------------------- ------------ ---------- -------------- ----------------------------------------------------------------------------------------------------------- Category 1 Greater than 3.0 to 1.0 2.75% 1.75% 0.500% ----------------------------------------------------------------------------------------------------------- Category 2 Greater than 2.5 to 1.0 but less than or equal to 3.0 to 1.0 2.50% 1.50% 0.375% ----------------------------------------------------------------------------------------------------------- Category 3 Greater than 2.0 to 1.0 but less than or equal to 2.5 to 1.0 2.25% 1.25% 0.300% ----------------------------------------------------------------------------------------------------------- Category 4 Less than or equal to 2.0 to 1.0 2.00% 1.00% 0.250% ----------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- Tranche B Term Borrowings ------------------------- ---------------------------------------------------------------------------------------- Consolidated ------------ Leverage Ratio LIBOR Spread ABR Spread -------------- ------------ ---------- ---------------------------------------------------------------------------------------- Category 1 Greater than 2.5 to 1.0 3.25% 2.25% ---------------------------------------------------------------------------------------- Category 2 Less than or equal to 2.5 to 1.0 3.00% 2.00% ----------------------------------------------------------------------------------------
LIBOR Spread means, at any date or any period of determination, the LIBOR Spread that would be in effect on such date or during such period pursuant to the chart set forth in Section 2.22 based on the rating of the Borrower's senior unsecured long-term debt.
Weighted Average Spread means, as of any day, the number expressed as a percentage equal to (i) the Aggregate Funded Spread divided by (ii) the Aggregate Eligible Collateral Obligation Amount (excluding any interest that has been deferred and capitalized on any Deferrable Collateral Obligation).
Applicable Spread means, in connection with the Maximum Rate for any Rate Period (and subject to adjustment as described in the definition of Maximum Rate) (i) when there is not a Failed Remarketing Condition, 200 basis points (2.00%), and (ii) while a Failed Remarketing Condition has occurred or is continuing, 200 basis points (2.00%) (up to 59 days of a continued Failed Remarketing Condition), 225 basis points (2.25%) (sixty (60) days but fewer than ninety (90) days of a continued Failed Remarketing Condition), 250 basis points (2.50%) (ninety (90) days but fewer than 120 days of a continued Failed Remarketing Condition), 275 basis points (2.75%) (120 days but fewer than 150 days of a continued Failed Remarketing Condition), 300 basis points (3.00%) (150 days but fewer than 180 days of a continued Failed Remarketing Condition), and 400 basis points (4.00%) (180 days or more of a continued Failed Remarketing Condition); provided that, if at any time when the Applicable Spread is 225 basis points (2.25%), 250 basis points (2.50%), 275 basis points (2.75%), 300 basis points (3.00%) or 400 basis points (4.00%) and the Failed Remarketing Condition no longer exists due to the successful remarketing of all Purchased VRDP Shares, then such Applicable Spread of 225 basis points (2.25%), 250 basis points (2.50%), 275 basis points (2.75%), 300 basis points (3.00%) or 400 basis points (4.00%) will continue to be the Applicable Spread in connection with determining the Maximum Rate in effect for each Rate Period commencing with the first Subsequent Rate Period after the Failed Remarketing Condition no longer exists through and including the first Subsequent Rate Period ending on or after the 45th day after the day the Failed Remarketing Condition no longer exists; provided, further, that (i) if a new Failed Remarketing Condition occurs prior to the end of such period and the Applicable Spread is then 225 basis points (2.25%), the date such new Failed Remarketing Condition occurs will be deemed to be the 60th day of a continued Failed Remarketing Condition, (ii) if a new Failed Remarketing Condition occurs prior to the end of such period and the Applicable Spread is then 250 basis points (2.50%), the date such new Failed Remarketing Condition occurs will be deemed to be the 90th day of a continued Failed Remarketing Condition, (iii) if a new Failed Remarketing Condition occurs prior to the end of such period and the Applicable Spread is then 275 basis points (2.75%), the date such new Failed Remarketing Condition occurs will be deemed to be the 120th day of a continued Failed Remarketing Condition, (iv) if a new Failed Remarketing Condition occurs prior to the end of such period and the Applicable Spread is then 300 basis points (3.00%), the date such new Failed Remarketing Condition occurs will be deemed to be the 150th day of a continued Failed Remarketing Condition and (v) if a new Failed Remarketing Condition occurs prior to the end of such period and the Applicable Spread is then 400 basis points (4.00%), the date such new Failed Remarketing Condition occurs will be deemed to be the 180th day of a continued Failed Remarketing Condition, in each case, solely for purposes of determining the Applicable Spread.
Fixed Spread means the Bank’s fixed spread in effect at 12:01 a.m. Washington, D.C. time, one calendar day prior to the date of the Loan Agreement, for the Currency of denomination of such amount.”