Common use of Margin adjustments Clause in Contracts

Margin adjustments. Adjustments to the Applicable Margins and the Applicable Fee Percentages, based on Schedule 1.1, shall be implemented on a quarterly basis as follows: (a) Such adjustments shall be given prospective effect only, effective as to all Advances outstanding hereunder and the Applicable Fee Percentage, upon the date of delivery of the financial statements under Sections 7.1(a) and 7.1(b) hereunder and the Covenant Compliance Report under Section 7.2(a) hereof, in each case establishing applicability of the appropriate adjustment, in each case with no retroactivity or claw-back. In the event the Company fails timely to deliver such financial statements or the Covenant Compliance Report and such failure continues for three (3) days, then (but without affecting the Event of Default resulting therefrom) from the date delivery of such financial statements and report was required until such financial statements and report are delivered, the margins and fee percentages shall be at the next higher level (if any) on the Pricing Matrix attached to this Agreement as Schedule 1.1. (b) From the Effective Date until the required date of delivery (or, if earlier, delivery) under Section 7.1(b) of the Company's financial statements for the fiscal quarter ending June 30, 2000, the margins and fee percentages shall be those set forth under the Level IV column of the Pricing Matrix attached to this Agreement as Schedule 1.1; provided however that in the event the Company's financial statements for the quarter ending March 31, 2000 demonstrate that the Consolidated Leverage Ratio exceeds 3.0 to 1, the Applicable Margin shall then be adjusted in accordance with the Pricing Matrix. Thereafter, all margins and fee percentages shall be based upon the Company's quarterly financial statements and Covenant Compliance Reports, subject to recalculation as provided in Subsection 4.1(a) above.

Margin adjustments. Adjustments to the Applicable Margins and the Applicable Fee Percentages, based on Schedule 1.1, shall be implemented on a quarterly basis as follows: (a) Such adjustments shall be given prospective effect only, effective as to all Advances outstanding hereunder and the Applicable Fee Percentage, upon the date of delivery of the financial statements under Sections 7.1(a6.1(a) and 7.1(b6.1(b) hereunder and the Covenant Compliance Report under Section 7.2(a6.2(a) hereof, in each case establishing applicability of the appropriate adjustment, in each case with no retroactivity or claw-back. In the event the Company fails timely to deliver such financial statements or the Covenant Compliance Report and such failure continues for three (3) days, then (but without affecting the Event of Default resulting therefrom) from the date delivery of such financial statements and report was required until such financial statements and report are delivered, the margins and fee percentages shall be at the next higher level (if any) on the Pricing Matrix attached to this Agreement as Schedule 1.1. (b) From the Effective Date until the required date of delivery (or, if earlier, delivery) under Section 7.1(b) 6.1 of the Company's financial statements for the fiscal quarter ending June 30October 31, 20002002, the margins and fee percentages shall be those set forth under the Level IV II column of the Pricing Matrix attached to this Agreement as Schedule 1.1; provided however that in the event the Company's financial statements for the quarter ending March 31, 2000 demonstrate that the Consolidated Leverage Ratio exceeds 3.0 to 1, the Applicable Margin shall then be adjusted in accordance with the Pricing Matrix. Thereafter, all margins and fee percentages shall be based upon the Company's quarterly financial statements and Covenant Compliance Reports, subject to recalculation as provided in Subsection 4.1(aSection 9.4(a) above.. 10. CHANGES

Margin adjustments. Adjustments to the Applicable Margins and the Applicable Fee Percentages, based on Schedule 1.1, shall be implemented on a quarterly basis as follows: (a) Such adjustments shall be given prospective effect only, effective as to all Advances outstanding hereunder and hereunder, the Applicable Fee PercentagePercentage and the Letter of Credit Fee, upon the date of delivery of the financial statements under Sections 7.1(a) and 7.1(b) hereunder and the Covenant Compliance Report under Section 7.2(a) hereof, in each case establishing applicability of the appropriate adjustment, adjustment and in each case with no retroactivity or claw-back. In the event the Company fails shall fail timely to deliver such financial statements or the Covenant Compliance Report and such failure continues for three (3) days, then (but without affecting the Event of Default resulting therefrom) from the date delivery of such financial statements and report was required until such financial statements and report are delivered, the margins Applicable Margins and fee percentages Applicable Fee Percentages shall be at the next higher highest level (if any) on the Pricing Matrix attached to this Agreement as Schedule 1.1. (b) From the Restatement Effective Date until the required date of delivery (or, if earlier, delivery) of the financial statements under Section 7.1(a) or 7.1(b) of hereof, as applicable, and the Company's financial statements Covenant Compliance Report under Section 7.2(a) hereof, for the fiscal quarter ending June 30, 20002008, the margins Applicable Margins and fee percentages Applicable Fee Percentages shall be those set forth under the Level IV I column of the Pricing Matrix pricing matrix attached to this Agreement as Schedule 1.1; provided however that in the event the Company's financial statements for the quarter ending March 31, 2000 demonstrate that the Consolidated Leverage Ratio exceeds 3.0 to 1, the Applicable Margin shall then be adjusted in accordance with the Pricing Matrix. Thereafter, all margins and fee percentages shall be based upon the Company's quarterly financial statements and Covenant Compliance Reports, subject to recalculation as provided in Subsection 4.1(a) above.

Margin adjustments. Adjustments to the Applicable Margins and the Applicable Fee Percentages, based on Schedule 1.1, shall be implemented on a quarterly basis as follows: (a) Such adjustments shall be given prospective effect only, effective as to all Advances outstanding hereunder and the Applicable Fee Percentage, upon the date of delivery of the financial statements under Sections 7.1(a) and 7.1(b) hereunder and the Covenant Compliance Report under Section 7.2(a) hereof, in each case establishing applicability of the appropriate adjustment, in each case with no retroactivity or claw-back. In the event the Company fails timely to deliver such financial statements or the Covenant Compliance Report and such failure continues for three (3) days, then (but without affecting the Event of Default resulting therefrom) from the date delivery of such financial statements and report was required until such financial statements and report are delivered, the margins and fee percentages shall be at the next higher level (if any) on the Pricing Matrix attached to this Agreement as Schedule 1.1. (b) From the Effective Date until the required date of delivery (or, if earlier, delivery) under Section 7.1(b) of the Company's financial statements for the fiscal quarter ending June September 30, 20002002, the margins and fee percentages shall be those set forth under the Level IV II column of the Pricing Matrix attached to this Agreement as Schedule 1.1; provided however that in the event the Company's financial statements for the quarter ending March 31, 2000 demonstrate that the Consolidated Leverage Ratio exceeds 3.0 to 1, the Applicable Margin shall then be adjusted in accordance with the Pricing Matrix. Thereafter, all margins and fee percentages shall be based upon the Company's quarterly financial statements and Covenant Compliance Reports, subject to recalculation as provided in Subsection 4.1(a10.4(a) above.

Margin adjustments. Adjustments to the Applicable Margins and the Applicable Fee Percentages, based on Schedule 1.1, shall be implemented on a quarterly basis as follows: (a) Such adjustments shall be given prospective effect only, effective as to all Advances outstanding hereunder and the Applicable Fee Percentage, upon the date of delivery of the financial statements under Sections 7.1(a) and 7.1(b) hereunder and the Covenant Compliance Report under Section 7.2(a) hereof, in each case establishing applicability of the appropriate adjustment, in each case with no retroactivity or claw-back. In the event the Company fails timely to deliver such financial statements or the Covenant Compliance Report and such failure continues for three (3) daysBusiness Days, then (but without affecting the Event of Default resulting therefrom) from the date delivery of such financial statements and report was required until such financial statements and report are delivered, the margins and fee percentages shall be at the next higher level (if any) on the Pricing Matrix attached to this Agreement as Schedule 1.1. (b) From the Effective Date until the required date of delivery (or, if earlier, delivery) under Section 7.1(b) of the Company's financial statements for the fiscal quarter ending June 30March 31, 20002003, the margins and fee percentages shall be those set forth under the Level IV column of the Pricing Matrix attached to this Agreement as Schedule 1.1; provided however that in the event the Company's financial statements for the quarter ending March 31, 2000 demonstrate that the Consolidated Leverage Ratio exceeds 3.0 to 1, the Applicable Margin shall then be adjusted in accordance with the Pricing Matrix. Thereafter, all margins and fee percentages shall be based upon the Company's quarterly financial statements and Covenant Compliance Reports, subject to recalculation as provided in Subsection 4.1(a10.4(a) above.

Margin adjustments. Adjustments in the Margin applicable to Eurocurrency-based Advances, the Applicable Margins Commitment Fee Percentage and the Applicable L/C Fee PercentagesPercentage, each based on Schedule 1.1upon the Fixed Charge Coverage Ratio, shall be implemented on a quarterly basis as follows: (a) 5.1.1. Such adjustments shall be given prospective effect only, effective (i) as to all Advances outstanding hereunder the Applicable Commitment Fee Percentage and the Applicable L/C Fee Percentage, upon the required date of delivery of the financial statements under Sections 7.1(a8.1(a) and 7.1(b8.1(b) hereunder and the Covenant Compliance Report under Section 7.2(a) hereofhereunder, in each case establishing applicability of the appropriate adjustment, and (ii) as to each Eurocurrency-based Advance outstanding hereunder, effective upon the expiration of the applicable Interest Period(s), if any, in effect on the date of the delivery of such financial statements, in each case with no retroactivity or claw-back. In the event the Company fails timely to deliver such the financial statements required under Section 8.1(a) or the Covenant Compliance Report and such failure continues for three (3) days8.1(b), then (but without affecting the Event of Default resulting therefrom) from the date delivery of such financial statements and report was required until such financial statements and report are delivered, the margins and fee percentages shall be at those set forth under the next higher level (if any) on Level IV Column of the Pricing Matrix pricing matrix attached to this Agreement as Schedule 1.1. 5.1.2. With respect to Eurocurrency-based Advances outstanding hereunder, an adjustment hereunder, after becoming effective, shall remain in effect only through the end of the applicable Interest Period(s) for such Eurocurrency-based Advances if any; provided, however, that upon any change in the Margin level then in effect, as aforesaid, or the occurrence of any other event which under the terms hereof causes such adjustment no longer to be applicable, then any such subsequent adjustment or no adjustment, as the case may be, shall be effective (band said pricing shall thereby be adjusted up or down, as applicable) From with the Effective Date commencement of each Interest Period following such change or event, all in accordance with the preceding subparagraph. 5.1.3. Such Margin adjustments under this Section 5.1 shall be made irrespective of, and in addition to, any other interest rate adjustments hereunder. 5.1.4. Notwithstanding the foregoing however, from the date hereof until the required date of delivery (or, if earlier, delivery) under Section 7.1(b8.1(b) of the Company's financial statements for the fiscal quarter ending June 30, 20001998, the margins and fee percentages shall be those set forth under the Level IV III column of the Pricing Matrix pricing matrix attached to this Agreement as Schedule 1.1; provided however that in the event the Company's financial statements for the quarter ending March 31, 2000 demonstrate that the Consolidated Leverage Ratio exceeds 3.0 to 1, the Applicable Margin shall then be adjusted in accordance with the Pricing Matrix. Thereafter, all margins and fee percentages shall be based upon the Company's quarterly financial statements and Covenant Compliance Reports, subject to recalculation as provided in Subsection 4.1(a) above.

Margin adjustments. Adjustments to in the Applicable Margins and the Applicable Fee Percentages, based on Schedule 1.1Margin, shall be implemented on a quarterly basis as follows: (a) Such adjustments shall be given prospective effect only, effective as to all Advances outstanding hereunder and the Applicable Fee Percentagehereunder, upon the earlier of (i) the required date of delivery of the financial statements under Sections 7.1(a8.1(a) and 7.1(b8.1(b) hereunder and or (ii) forty-five (45) days after then end of the Covenant Compliance Report under Section 7.2(a) hereofprevious fiscal quarter, in each case establishing applicability of the appropriate adjustment, and in each case with no retroactivity or claw-back. In the event the Company fails timely to deliver such the financial statements required under Section 8.1(a) or the Covenant Compliance Report and such failure continues for three (3) days8.1(b), then (but without affecting the Event of Default resulting therefrom) from the date delivery of such financial statements and report was required until such financial statements and report are delivered, the margins and fee percentages shall be at the next higher level (if any) on the Pricing Matrix attached to this Agreement as Schedule 1.1. (b) From the Effective Date until the required date of delivery (or, if earlier, delivery) under Section 7.1(b) of the Company's financial statements for the fiscal quarter ending June 30, 2000, the margins and fee percentages shall be those set forth under the Level IV column 1 Column of the Pricing Matrix pricing matrix attached to this Agreement as Schedule 1.1; provided however that 4.2. (b) Such Margin adjustments under this Section 4.2 shall be made irrespective of, and in addition to, any other interest rate adjustments hereunder. (c) From the event date hereof until the required date of delivery under Section 8.1(b) of the Company's financial statements for the fiscal quarter ending March 31September 30, 2000 demonstrate that the Consolidated Leverage Ratio exceeds 3.0 to 12002, the Applicable Margin shall then be adjusted in accordance with the Pricing Matrix. Thereafter, all margins and fee percentages shall be based upon those set forth under the Company's quarterly financial statements Level I column of the pricing matrix attached to this Agreement as Schedule 4.2; provided, however, from the date hereof and Covenant Compliance Reportscontinuing for seventy-five (75) days only, subject such margins and fee percentages shall be those set forth under the Level I column of the pricing matrix attached to recalculation this Agreement as provided in Subsection 4.1(aSchedule 4.2 less two percent (2.00%) abovewith the exception of Facility Fee which shall remain unchanged.