First Data 2007 Annual Report Download - page 238

Applicable LIBOR Margin for:
Status
Initial
Term Loans
Delayed Draw
Term Loans
Euro Tranche
Term Loans
Revolving
Credit Loans
Level I Status 2.75% 2.75% 2.75% 2.75%
Level II Status 2.50% 2.50% 2.50% 2.50%
Level III Status 2.25% 2.25% 2.25% 2.25%
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 Premium" shall mean, as of any date upon which a prepayment is payable pursuant to Section 5.1(b), the present value at such date,
computed using a discount rate equal to the Treasury Rate plus 50 basis points, of all interest that would accrue on the applicable Repaid Tranche B-3 Loans
from such date to the date which is 3.25 years following the Original Closing Date, computed using the LIBOR Rate for an Interest Period of three months
plus the Applicable LIBOR Margin in effect on such date.
"Approved Fund" shall mean any Fund that is administered or managed by (a) a Lender, (b) an Affiliate of a Lender or (c) an entity or an
Affiliate of an entity that administers or manages a Lender.
"Asset Sale Prepayment Event" shall mean any Disposition of any business units, assets or other property of the Credit Parties or any of their
Restricted Subsidiaries not in the ordinary course of business (including any Disposition of any Stock or Stock Equivalents of any Subsidiary of the Borrower
owned by the Borrower or a Restricted Subsidiary). Notwithstanding the foregoing, the term "Asset Sale Prepayment Event" shall not include any transaction
permitted by Section 10.4 (other than transactions permitted by Section 10.4(b) and Section 10.4(o), which shall constitute Asset Sale Prepayment Events).
"Assignment and Acceptance" shall mean an assignment and acceptance substantially in the form of Exhibit J to the Original Credit Agreement,
or such other form as may be approved by the Administrative Agent.
"Authorized Officer" shall mean the Chief Executive Officer, President, the Chief Financial Officer, the Treasurer, the Vice President-Finance
or any other senior officer of the Borrower designated as such in writing to the Administrative Agent by the Borrower.
"Auto-Extension Letter of Credit" shall have the meaning provided in Section 3.2(d).
"Available Commitment" shall mean an amount equal to the excess, if any, of (a) the amount of the Total Revolving Credit Commitment over
(b) the sum of (i) the aggregate Dollar Equivalent principal amount of all Revolving Credit Loans (but not Swingline Loans) then outstanding and (ii) the
aggregate Letters of Credit Outstanding at such time.
"Available Delayed Draw Commitment" shall mean an amount equal to the excess, if any, of (a) the amount of the Total Delayed Draw Term
Loan Commitment over (b) the aggregate principal amount of all Delayed Draw Term Loans.
"Bankruptcy Code" shall have the meaning provided in Section 11.5.
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