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 to the Agent under Sections 7.1(a) and 7.1(b) and the Covenant Compliance Certificate under Section 7.2(a) hereunder, in each case establishing applicability of the appropriate adjustment, in each case with no retroactivity or claw-back. In the event Holdings fails timely to deliver the Financial Statements required under Section 7.1(a) or 7.1(b) or the Covenant Compliance Certificate under Section 7.2(a), then from the date delivery to the Agent of such Financial Statements and certificate was required until such Financial Statements and certificate are delivered, the margins and fee percentages shall be at the highest level on the Pricing Matrix attached to this Agreement as Schedule 1.1. (b) From the Effective Date until the receipt of Holdings's Financial Statements for the fiscal quarter ending on November 3, 2001, the margins and fee percentages shall be those set forth under the Level III column of the Pricing Matrix attached to this Agreement as Schedule 1.1.
Appears in 1 contract
Sources: Revolving Credit Agreement (Plastipak Holdings Inc)
Margin adjustments. Adjustments to the Applicable Margins and the Applicable Fee Percentages, based on Schedule 1.1 attached hereto, 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 to the Agent under Sections 7.1(a) and 7.1(b) and the Covenant Compliance Certificate Report under Section 7.2(a) hereunder, in each case establishing applicability of the appropriate adjustment, in each case with no retroactivity or claw-back. In the event Holdings Borrower fails timely to deliver the Financial Statements required under Section 7.1(a) or 7.1(b) or the Covenant Compliance Certificate Report under Section 7.2(a), then from the date delivery to the Agent of such Financial Statements and certificate was required until such Financial Statements and certificate are delivered, the margins and fee percentages shall be at the highest level on the Pricing Matrix attached to this Agreement hereto as Schedule 1.1.
(b) From the Effective Restatement Date until the receipt of Holdings's Borrower’s Financial Statements for the fiscal quarter ending on November 3December 31, 20012006, the margins and fee percentages shall be those set forth under the Level III column of the Pricing Matrix attached to this Agreement hereto as Schedule 1.1.
Appears in 1 contract
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 to the Agent under Sections 7.1(a) and 7.1(b) and the Covenant Compliance Certificate under Section 7.2(a) hereunder, in each case establishing applicability of the appropriate adjustment, in each case with no retroactivity or claw-back. In the event Holdings fails timely to deliver the Financial Statements required under Section 7.1(a) or 7.1(b) or the Covenant Compliance Certificate under Section 7.2(a), then from the date delivery to the Agent of such Financial Statements and certificate was required until such Financial Statements and certificate are delivered, the margins and fee percentages shall be at the highest level on the Pricing Matrix attached to this Agreement as Schedule 1.1.
(b) From the Effective Date until the receipt of Holdings's ' Financial Statements for the fiscal quarter ending on November 3or about October 31, 20012004, the margins and fee percentages shall be those set forth under the Level III IV column of the Pricing Matrix attached to this Agreement as Schedule 1.1.
Appears in 1 contract
Sources: Revolving Credit Agreement (Plastipak Holdings Inc)
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 to the Agent financial statements under Sections 7.1(a8.1(a) and 7.1(b8.1(b) and the Covenant Compliance Certificate under Section 7.2(a8.2(a) hereunder, in each case establishing applicability of the appropriate adjustment, in each case with no retroactivity or claw-claw- back. In the event Holdings fails the Borrowers fail timely to deliver the Financial Statements financial statements required under Section 7.1(a8.1(a) or 7.1(b8.1(b) or the Covenant Compliance Certificate under Section 7.2(a8.2(a), then from the date delivery to the Agent of such Financial Statements financial statements and certificate was required until such Financial Statements financial statements and certificate are delivered, the margins and fee percentages shall be at the highest level on the Pricing Matrix attached to this Agreement as Schedule 1.1.
(b) From the Effective Date until the receipt under Section 8.1(b) of Holdings's Financial Statements the Borrowers' financial statements for the fiscal quarter ending on November 3, 2001September 30, the margins and fee percentages shall be those set forth under the Level III IV column of the Pricing Matrix attached to this Agreement as Schedule 1.1.
Appears in 1 contract
Sources: Credit Agreement (Saturn Electronics & Engineering Inc)
Margin adjustments. Adjustments to the Applicable Margins and the Applicable Fee Percentages, based on Schedule 1.1 attached hereto, 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 to the Agent under Sections 7.1(a) and 7.1(b) and the Covenant Compliance Certificate Report under Section 7.2(a) hereunder, in each case establishing applicability of the appropriate adjustment, in each case with no retroactivity or claw-back. In the event Holdings Borrower fails timely to deliver the Financial Statements required under Section 7.1(a) or 7.1(b) or the Covenant Compliance Certificate Report under Section 7.2(a), then from the date delivery to the Agent of such Financial Statements and certificate was required until such Financial Statements and certificate are delivered, the margins and fee percentages shall be at the highest level on the Pricing Matrix attached to this Agreement hereto as Schedule 1.1.
(b) From the Effective Date until the receipt of Holdings's Borrower’s Financial Statements for the fiscal quarter ending on November 3December 31, 20012006, the margins and fee percentages shall be those set forth under the Level III column of the Pricing Matrix attached to this Agreement hereto as Schedule 1.1.
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