Applicable Reference Rate Margin definition

Applicable Reference Rate Margin means, at any time during a period set forth below, the percentage set forth opposite such period below: Applicable Reference Period Rate Margin ------ ----------- Level II NIG Period .500% Level I NIG Period .500% Minimum Investment Grade Period .500% Increased Investment Grade Period .375% Maximum Investment Grade Period .250%

Applicable Reference Rate Margin means:

Applicable Reference Rate Margin mean, as of any time of determination, the greater of (a) one percent (1.00%), and (b) four percent (4.00%) minus the Reference Rate then in effect.

Applicable Reference Rate Margin means the applicable interest-rate margin determined pursuant to the table set forth below, in accordance with the Pricing Level in effect from time to time. Pricing Level 1 0.25% per annum Pricing ▇▇▇▇▇ ▇ 0.50% per annum Pricing ▇▇▇▇▇ ▇ 0.75% per annum Pricing ▇▇▇▇▇ ▇ 1.00% per annum

Applicable Reference Rate Margin means (i) at any time prior to a Qualified IPO, 5.00% and (ii) at any time following a Qualified IPO, 4.00%."

Applicable Reference Rate Margin means, as of any date of determination, the following margins based upon the Parent’s most recent Senior Leverage Ratio calculation; provided, however, that (a) for the period from the Effective Date up to the day that is 5 Business Days following the date the Agents receive the certified calculation of the Parent’s Senior Leverage Ratio in respect of the testing period ending June 30, 2008, which shall be delivered pursuant to Section 7.01(a), and (b) at any time that a Default or an Event of Default has occurred until the first day of the first fiscal quarter following the date on which such Default or Event of Default is no longer continuing, the Applicable Reference Rate Margin shall be at the margin in the row styled “Level I”: I If the Senior Leverage Ratio is greater than or equal to 2.00 to 1.00 or 1.75 percentage points II If the Senior Leverage Ratio is less than 2.00 to 1.00 1.50 percentage points Except as set forth in the foregoing proviso, the Applicable Reference Rate Margin shall be based upon the most recent calculation of the Parent’s Senior Leverage Ratio, which will be calculated as of the end of each fiscal quarter. Except as set forth in the foregoing proviso, the Applicable Reference Rate Margin shall be adjusted quarterly on the day that is 5 Business Days following the date of delivery to the Agents of the certified calculation of the Parent’s Senior Leverage Ratio pursuant to Section 7.01(a); provided, however, that if the Borrower fails to provide such certification when such certification is due, the Applicable Reference Rate Margin shall be set at the margin in the row styled “Level I” as of the first day of the month following the date on which the certification was required to be delivered until the date on which such certification is delivered (on which date (but not retroactively), without constituting a waiver of any Default or Event of Default occasioned by the failure to timely deliver such certification, the Applicable Reference Rate Margin shall be set at the margin based upon the calculations disclosed by such certification). In the event that the information contained in any financial statement or certificate delivered pursuant to this Agreement is shown to be inaccurate, and such inaccuracy, if corrected, would have led to the application of a higher Applicable Reference Rate Margin for any period (an “Applicable Reference Rate Period”) than the Applicable Reference Rate Margin actually applied for such Applicable R...

Applicable Reference Rate Margin appearing in Section 10 of the 364 Day Credit Agreement is hereby amended by deleting the table appearing therein in its entirety and inserting the following new table in lieu thereof: Applicable Reference "Period Rate Margin ------ ----------- Level I Period 1.000% Level II Period 0.900% Level III Period 0.700% Level IV Period 0.200% Level V Period 0.075% Level VI Period 0%

Applicable Reference Rate Margin with respect to the Loans which are Reference Rate Loans, .25% per annum.

Applicable Reference Rate Margin means (i) three quarters (.75) of a -------------------------------- percentage point for the period commencing upon the Closing Date until the date Foothill receives the Borrowers' financial statements for the quarter ending March 31, 2001, and (ii) from and after the date Foothill receives Borrowers' financial statements for the quarter ending March 31, 2001, the Applicable Reference Rate Margin shall be calculated based upon a comparison of (y) Borrowers' actual EBITDA for the four quarters of fiscal year 2001 on a cumulative basis, and as of the end of each fiscal quarter commencing with the quarter ending March 31, 2001, the EBITDA for the prior twelve month period then ended, to the (z) projected EBITDA set forth in the Business Plan for such period as follows: Percentage of EBITDA to Plan Applicable Margin ---------------------------- ---------------- If actual EBITDA is more than 125% of the Plan EBITDA..................... 0.50 If actual EBITDA is less than 125%, but more than 75%, of Plan EBITDA........... 0.75 If actual EBITDA is less than 75% of Plan EBITDA.......................... 1.00 If Administrative Borrower fails to timely deliver the Projections required pursuant to Section 6.3(g) or if Foothill does not find the Projections delivered pursuant to that section to be satisfactory, then until satisfactory Projections are delivered to Foothill and accepted by Foothill, the Applicable Reference Rate Margin shall equal one (1.00) percentage point.