Common use of Base Rate Loans Substituted for Affected Euro-Dollar Loans Clause in Contracts

Base Rate Loans Substituted for Affected Euro-Dollar Loans. If (a) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (b) any Lender has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans and the Company shall, by at least five Euro-Dollar Business Days’ prior notice to such Lender through the Agent, have elected that the provisions of this Section 8.05 shall apply to such Lender, then, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Euro-Dollar Loans shall be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Lenders). If such Lender notifies the Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Lenders.

Base Rate Loans Substituted for Affected Euro-Dollar Loans. If (ai) the obligation of any Lender Bank to make, or to continue or convert outstanding Loans as or to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (bii) any Lender Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans and the Company shall, by at least five Euro-Dollar Business Days’ prior notice to such Lender Bank through the Administrative Agent, have elected that the provisions of this Section 8.05 shall apply to such LenderBank, then, all Loans which would otherwise be made by such Lender Bank as (or continued as or converted to) Euro-Dollar Loans shall be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other LendersBanks). If such Lender Bank notifies the Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other LendersBanks.

Base Rate Loans Substituted for Affected Euro-Dollar Loans. If (ai) the obligation of any Lender Bank to make, or to continue or convert outstanding Loans as or to, make Euro-Dollar Loans to the Company has been suspended pursuant to Section 8.02 or (bii) any Lender Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans and the Company shall, by at least five Euro-Dollar Currency Business Days’ ' prior notice to such Lender Bank through the Agent, have elected that the provisions of this Section 8.05 shall apply to such LenderBank, then, unless and until such Bank notifies the Company that the circumstances giving rise to such suspension or demand for compensation no longer exist: (a) all Loans to the Company which would otherwise be made by such Lender Bank as (or continued as or converted tointo) Euro-Dollar Loans shall instead be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other LendersBanks). If such Lender notifies the Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount ; and (b) after each of each such Base Rate Loan shall be converted into a Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related its Euro-Dollar Loans to the Company has been repaid (or converted to a Base Rate Loan), all payments of the other Lendersprincipal which would otherwise be applied to repay such Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead.

Base Rate Loans Substituted for Affected Euro-Dollar Loans. If (ai) the obligation of any Lender Bank to make, make or to continue or convert outstanding Loans as or to, maintain Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (bii) any Lender Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans 8.03(a) and the Company Borrower shall, by at least five Euro-Dollar Business Days’ ' prior notice to such Lender Bank through the Agent, have elected that the provisions of this Section 8.05 shall apply to such LenderBank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist: (a) all Loans which would otherwise be made by such Lender Bank as (or continued as or converted tointo) Euro-Dollar Loans shall be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other LendersBanks). If such Lender notifies the Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount and (b) after each of each such Base Rate Loan shall be converted into a Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related its Euro-Dollar Loans has been repaid (or converted to a Base Rate Loan), all payments of the other Lendersprincipal which would otherwise be applied to repay such Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead.

Base Rate Loans Substituted for Affected Euro-Dollar Loans. If (ai) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (bii) any Lender has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans Loans, and in any such case the Company Borrower shall, by at least five Euro-Dollar Business Days’ ' prior notice to such Lender through the Agent, have elected that the provisions of this Section 8.05 shall apply to such Lender, then, unless and until such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Euro-Dollar Loans shall instead be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other LendersLender). If such Lender notifies the Company Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other LendersLender.

Base Rate Loans Substituted for Affected Euro-Dollar Loans. If (ai) the obligation of any Lender Bank to make, or to continue or convert outstanding Loans as or to, make Euro-Dollar Loans has been suspended pursuant to Section 8.02 8.2 or (bii) any Lender Bank has demanded compensation under Section 8.03 8.3 or 8.04 8.4 with respect to its Euro-Dollar Loans and the Company Borrower shall, by at least five Euro-Dollar Business Days’ ' prior notice to such Lender Bank through the Lead Agent, have elected that the provisions of this Section 8.05 shall apply to such LenderBank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist: (a) Borrower shall be deemed to have delivered a Notice of Interest Rate Election with respect to such affected Euro-Dollar Loans and thereafter all Loans which would otherwise be made by such Lender Bank as (or continued as or converted to) Euro-Dollar Loans shall be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Lenders). If such Lender notifies the Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Lenders.Banks) unless the

Base Rate Loans Substituted for Affected Euro-Dollar Loans. If (a) the obligation of any Lender Bank to make, or to continue maintain or convert outstanding Loans as or to, to Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (b) any Lender Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans and the Company Borrower shall, by at least five Euro-Dollar Business Days’ prior notice to such Lender Bank through the Agent, have elected that the provisions of this Section 8.05 shall apply to such LenderBank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist: (a) all Loans which would otherwise be made made, maintained or converted by such Lender Bank as (or continued as or converted to) Euro-Dollar Loans Loans, shall be made made, maintained or converted instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other LendersBanks). If such Lender notifies the Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount and (b) after each of each such Base Rate Loan shall be converted into a its Euro-Dollar Loan on the first day Loans, has been repaid or converted, all payments of the next succeeding Interest Period applicable principal which would otherwise be applied to the related repay such Euro-Dollar Loans of the other Lendersshall be applied to repay its Base Rate Loans instead.

Base Rate Loans Substituted for Affected Euro-Dollar Loans. If (ai) the obligation of any Lender Bank to make, or to continue or convert outstanding Loans as or to, make Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (bii) any Lender Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans and the Company Borrower shall, by at least five Euro-Dollar Business Days’ ' prior notice to such Lender Bank through the Administrative Agent, have elected that the provisions of this Section 8.05 shall apply to such LenderBank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist: (a) all Loans which would otherwise be made by such Lender Bank as (or continued as or converted tointo) Euro-Dollar Loans shall be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other LendersBanks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead. If such Lender Bank notifies the Company Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other LendersBanks.

Base Rate Loans Substituted for Affected Euro-Dollar Loans. If (ai) the obligation of any Lender Bank to make, or to continue or convert outstanding Loans as or to, make Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (bii) any Lender Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans and the Company Borrower shall, by at least five Euro-Dollar Business Days’ ' prior notice to such Lender Bank through the Administrative Agent, have elected that the provisions of this Section 8.05 shall apply to such LenderBank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist: (a) all Loans of such Bank which would otherwise be made by such Lender as (or continued as or converted to) into Euro-Dollar Loans shall instead be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other LendersBanks), and (b) after each of its Euro-Dollar Loans has been converted to a Base Rate Loan, all payments of principal which would otherwise be applied to repay such Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead. If such Lender Bank notifies the Company Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other LendersBanks.

Base Rate Loans Substituted for Affected Euro-Dollar Loans. If (a) the obligation of any Lender Bank to make, or to continue maintain or convert outstanding Loans as or to, to Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (b) any Lender Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans and the Company Borrower shall, by at least five Euro-Dollar Business Days’ prior notice to such Lender Bank through the Agent, have elected that the provisions of this Section 8.05 shall apply to such LenderBank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist: (a) all Loans which would otherwise be made made, maintained or converted by such Lender Bank as (or continued as or converted to) Euro-Dollar Loans Loans, shall be made made, maintained or converted instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other LendersBanks). If such Lender notifies the Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount and (b) after each of each such Base Rate Loan shall be converted into a its Euro-Dollar Loan on the first day Loans, has been repaid or converted, all payments of the next succeeding Interest Period applicable principal which would otherwise be applied to the related repay such Euro-Dollar Loans of the other Lendersshall be applied to repay its Base Rate Loans instead.

Base Rate Loans Substituted for Affected Euro-Dollar Loans. If (a) the obligation of any Lender Bank to make, or to continue maintain or convert outstanding Loans as or to, to Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (b) any Lender Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans and the Company Borrower shall, by at least five Euro-Dollar Business Days’ prior notice to such Lender Bank through the Agent, have elected that the provisions of this Section 8.05 shall apply to such LenderBank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist: (a) all Loans which would otherwise be made made, maintained or converted by such Lender Bank as (or continued as or converted to) Euro-Dollar Loans shall be made made, maintained or converted instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other LendersBanks). If such Lender notifies the Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount and (b) after each of each such Base Rate Loan shall be converted into a Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related its Euro-Dollar Loans has been repaid or converted, all payments of the other Lendersprincipal which would otherwise be applied to repay such Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead.

Base Rate Loans Substituted for Affected Euro-Dollar Loans. If (a) the obligation of any Lender Bank to make, or to continue maintain or convert outstanding Loans as or to, to Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (b) any Lender Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans and the Company Borrower shall, by at least five Euro-Dollar Business Days’ prior notice to such Lender Bank through the Agent, have elected that the provisions of this Section 8.05 shall apply to such LenderBank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist: (a) all Loans which would otherwise be made made, maintained or converted by such Lender Bank as (or continued as or converted to) Euro-Dollar Loans Loans, shall be made made, maintained or converted instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other LendersBanks). If such Lender notifies the Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount and (b) after each of each such Base Rate Loan shall be converted into a its Euro-Dollar Loan on the first day Loans, has been repaid or converted, all payments of the next succeeding Interest Period applicable principal which would otherwise be applied to the related repay such Euro-Dollar Loans of the other Lenders.shall be applied to repay its Base Rate Loans instead. 40