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These excerpts taken from the AEP 10-Q filed Oct 31, 2008. Applicable
Margin” shall mean, with respect to any Base Rate Advance and any
Eurodollar Rate Advance made to any Borrower, at all times during which any
Applicable Rating Level set forth below is in effect for such Borrower, the rate
per annum (except as provided below) for such Advance set forth below next to
such Applicable Rating Level:
provided, that the Applicable
Margins set forth above shall be increased, for each Applicable Rating Level for
each Borrower, upon the occurrence and during the continuance of any Event of
Default with respect to such Borrower by 2.00% per annum.
Any
change in the Applicable Margin resulting from a change in the Applicable Rating
Level for any Borrower shall become effective upon the date of announcement of
any change in the Moody’s Rating or the S&P Rating for such Borrower that
results in such change in the Applicable Rating Level.
“ Applicable
Margin” shall mean, with respect to any Base Rate Advance and any
Eurodollar Rate Advance made to any Borrower, at all times during which any
Applicable Rating Level set forth below is in effect for such Borrower, the rate
per annum (except as provided below) for such Advance set forth below next to
such Applicable Rating Level:
provided, that the Applicable
Margins set forth above shall be increased, for each Applicable Rating Level for
each Borrower, upon the occurrence and during the continuance of any Event of
Default with respect to such Borrower by 2.00% per annum; and provided further that, upon exercise
of the Term-Out, the Applicable Margins set forth above shall be increased, for
Applicable Rating Levels one through five by an additional 0.125% and for
Applicable Rating Level six by an additional 0.250%.
Any
change in the Applicable Margin resulting from a change in the Applicable Rating
Level for any Borrower shall become effective upon the date of announcement of
any change in the Moody’s Rating or the S&P Rating for such Borrower that
results in such change in the Applicable Rating Level.
“ Applicable
Margin” shall mean, with respect to any Base Rate Advance and any
Eurodollar Rate Advance, at all times during which any Applicable Rating Level
set forth below is in effect, the rate per annum (except as provided below) for
such Advance set forth below next to such Applicable Rating Level:
provided, that
(i) the
Applicable Margins set forth above shall be increased, at any time the aggregate
principal amount of the Extensions of Credit outstanding is greater than 50% of
the aggregate Commitments by the Utilization Fee Rate; and
(ii) the
Applicable Margins set forth above shall be increased, for each Applicable
Rating Level, upon the occurrence and during the continuance of any Event of
Default by 2.00% per annum.
Any
change in the Applicable Margin resulting from a change in the Applicable Rating
Level shall become effective upon the date of announcement of any change in the
Moody’s Rating or the S&P Rating that results in such change in the
Applicable Rating Level.
“ Applicable
Margin” shall mean, with respect to any Base Rate Advance and any
Eurodollar Rate Advance, at all times during which any Applicable Rating Level
set forth below is in effect, the rate per annum (except as provided below) for
such Advance set forth below next to such Applicable Rating Level:
provided, that
(i) the
Applicable Margins set forth above shall be increased, at any time the aggregate
principal amount of the Extensions of Credit outstanding is greater than 50% of
the aggregate Commitments by the Utilization Fee Rate; and
(ii) the
Applicable Margins set forth above shall be increased, for each Applicable
Rating Level, upon the occurrence and during the continuance of any Event of
Default by 2.00% per annum.
Any
change in the Applicable Margin resulting from a change in the Applicable Rating
Level shall become effective upon the date of announcement of any change in the
Moody’s Rating or the S&P Rating that results in such change in the
Applicable Rating Level.
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