First Data 2007 Annual Report Download - page 236

"Agreement Currency" shall have the meaning provided in Section 13.19.
"Alternative Currency" shall mean Euro, British Pounds Sterling and any other currency acceptable to the Administrative Agent that is freely
convertible into Dollars and readily available in the London interbank market.
"Amendment Effective Date" shall mean September 28, 2007.
"Applicable ABR Margin" shall mean, at any date, with respect to each ABR Loan that is an Initial Term Loan, Delayed Draw Term Loan,
Revolving Credit Loan or a Swingline Loan, the applicable percentage per annum set forth below based upon the Status in effect on such date:
Applicable ABR Margin for:
Status
Initial
Term Loans
Delayed Draw
Term Loans
Revolving Credit and
Swingline Loans
Level I Status 1.75% 1.75% 1.75%
Level II Status 1.50% 1.50% 1.50%
Level III Status 1.25% 1.25% 1.25%
Notwithstanding the foregoing, Level I Status shall apply during the period from and including the Original Closing Date to but excluding the Trigger Date.
"Applicable Amount" shall mean, at any time (the "Applicable Amount Reference Time"), an amount equal to (a) the sum, without
duplication, of:
(i) an amount (which shall not be less than zero) equal to the greater of (x) 50% of Cumulative Consolidated Net Income of the Borrower and the
Restricted Subsidiaries for the period from the first day of the first full fiscal quarter commencing after the Original Closing Date until the last day of
the then most recent fiscal quarter or fiscal year, as applicable, for which Section 9.1 Financials have been delivered and (y) (A) the cumulative amount
of Excess Cash Flow of the Borrower and the Restricted Subsidiaries for all fiscal years (or, in the case of the fiscal year ending on or about
December 31, 2007, the portion of the fiscal year) completed after the Original Closing Date (commencing with and including the portion of the fiscal
year ending on or about December 31, 2007 following the Original Closing Date) and prior to the Applicable Amount Reference Time, minus (B) the
portion of such Excess Cash Flow that has been (or is required to be) applied after the Original Closing Date and prior to the Applicable Amount
Reference Time to the prepayment of Loans in accordance with Section 5.2(a)(ii);
(ii) to the extent not (A) already included in the calculation of Consolidated Net Income of the Borrower and the Restricted Subsidiaries or
(B) already reflected as a return of capital or deemed reduction in the amount of such Investment, the aggregate JV Distribution Amount received by the
Borrower or any Restricted Subsidiary during the period from and including the Business Day immediately following the Original Closing Date
through and including the Applicable Amount Reference Time;
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