XML 15 R9.htm IDEA: XBRL DOCUMENT v2.4.0.6
Notes Payable
9 Months Ended
Sep. 30, 2012
Notes Payable [Abstract]  
NOTES PAYABLE

NOTE 4. NOTES PAYABLE

In June 2012, the Company entered into an amended and restated credit agreement with a syndicate of banks (the “Amended Credit Facility”). The five-year facility matures on June 15, 2017 and replaces the Company’s prior $350.0 million unsecured revolving credit facility. The Amended Credit Facility provides for a $420.0 million unsecured revolving credit facility (which may be increased to $450.0 million with $30.0 million of additional commitments), which includes a $25.0 million sublimit for the issuance of standby letters of credit and a $10.0 million sublimit for swingline loans. The Amended Credit Facility contains customary covenants limiting the Company’s ability to, among other things, incur liens, make investments, incur indebtedness, merge or consolidate with others or dispose of assets, pay dividends or distributions, redeem or repurchase Company stock, change the nature of its business, and enter into transactions with affiliates. In addition, the Amended Credit Facility contains financial covenants requiring the Company to not permit: (1) the Consolidated Fixed Charge Coverage Ratio (all defined terms in this Note 4 not otherwise defined herein have the meaning assigned to such terms in the Amended Credit Facility) as of the end of any fiscal quarter to be less than 2.50 to 1.00; (2) the Consolidated Leverage Ratio at any time during any period of four consecutive fiscal quarters to be greater than 2.75 to 1.00; and (3) Tangible Net Worth as of the end of any fiscal quarter of the Company to be less than the sum of (i) $246,103,400 plus (ii) 25% of the Company’s Consolidated Net Income (but only if a positive number) for each fiscal quarter ended subsequent to December 31, 2011 plus (iii) 90% of the net cash proceeds from the issuance of the Company’s capital stock after December 31, 2011.

In June 2012, the Company entered into a Credit Facility Letter Agreement and a Credit Line Note under the Amended Credit facility in favor of Union Bank, N.A., extending its line of credit facility related to its cash management services (“Sweep Service Facility”) and increasing the facility size from $5.0 million to $10.0 million. The Sweep Service Facility matures on the earlier of June 15, 2017, or the date the Company ceases to utilize Union Bank, N.A. for its cash management services.