Nautilus 2009 Annual Report Download - page 291

“ Swap Agreement ” means any interest rate swap agreement, interest rate cap agreement, interest collar agreement, or similar
agreement or arrangement between Borrower and Lender or an Affiliate of Lender.
“ Tax ” or “ Taxes ” means any tax, assessment, duty, levy, or other charge imposed by any Governmental Authority on any
property, revenue, income, or franchise of any Person, and any interest or penalty with respect to any of the foregoing.
“ Testing Date ” means March 31, 2010, and the last day of each calendar quarter thereafter.
“ Tier I Account Debtors ” means Dick’s Sporting Goods, The Sports Authority, Amazon, Sears, Wal-Mart, Sam’s Club, or Costco.
Lender may, in its Permitted Discretion, remove account debtors of Borrower from the definition of Tier I Account Debtors upon notice to
Borrower. Account debtors of Borrower may be added to the definition of Tier I Account Debtors upon written request from Borrower to Lender
and approval of such account debtors by Lender in its Permitted Discretion.
“ Unused Commitment Amount ” has the meaning specified in Section 3.12 of this Agreement.
“ Unused Commitment Fee ” has the meaning specified in Section 3.12 of this Agreement.
“ Unused Commitment Fee Margin ” means 30 Basis Points from the Closing Date to (but not including) the first Adjustment Date.
Thereafter, the Unused Commitment Fee Margin shall be determined by measuring the Revolver Availability as of the end of a calendar quarter
and determining which fee level in the table below is applicable to the Revolver Availability at the time in question:
Changes in the Unused Commitment Fee Margin (if any) shall become effective on the corresponding Adjustment Date. If Borrower does not
timely provide Lender with the Quarterly Compliance Certificate pursuant to Section 7.10(f) of this Agreement, Lender, at its option, may
designate the Unused Commitment Fee Margin as 35 Basis Points until such time as such Quarterly Compliance Certificate is delivered.
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Revolver Availability
Unused Commitment Fee
$0.00 to $4,000,000.00
35 Basis Points
$4,000,000.01 to $8,000,000.00
30 Basis Points
$8,000,000.01 to $12,000,000.00
25 Basis Points
$12,000,000.01 and above
20 Basis Points