Common use of Base Rate Loans Substituted for Affected Fixed Rate Loans Clause in Contracts

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any 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 (ii) any Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans, and in any such case the Borrower shall, by at least three Business Days’ prior notice to such Bank through the Servicing Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank 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 Bank as (or continued as or converted to) Euro-Dollar Loans shall instead be Base Rate Loans on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks. If such Bank notifies the 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 any related Euro-Dollar Loans of the other Banks.

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank 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 (ii) any Bank 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 Borrower shall, by at least three five Euro-Dollar Business Days’ prior notice to such Bank Lender through the Servicing Administrative Agent, have elected that the provisions of this Section shall apply to the Lender demanding such Bankcompensation, then, unless and until such Bank Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist exist, all Loans which would otherwise be made by such Bank Lender as (or continued as or converted to) Euro-Dollar Loans shall instead be Base Rate Loans on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other BanksLenders. If such Bank Lender notifies the 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 any the related Euro-Dollar Loans of the other BanksLenders.

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

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any 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 (ii) any Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans, Loans and in any such case the Borrower shall, by at least three Euro-Dollar Business Days’ prior notice to such Bank through the Servicing Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist apply, all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks). If such Bank notifies the 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 any the related Euro-Dollar Loans of the other Banks.

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

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any 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 (ii) any Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans, Loans and in any such case the Borrower shall, by at least three five Euro-Dollar Business Days’ ' prior notice to such Bank through the Servicing Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist exist, all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans Loans, as the case may be, shall instead be Base Rate Loans on which interest and principal shall be payable contemporaneously with the related or Euro-Dollar Loans of the other Banks. If such Bank notifies the 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 Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to any the related Euro-Dollar Loans of the other Banks.

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank 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 (ii) any Bank 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 Borrower shall, by at least three five Euro-Dollar Business Days’ ' prior notice to such Bank Lender through the Servicing Administrative Agent, have elected that the provisions of this Section shall apply to the Lender demanding such Bankcompensation, then, unless and until such Bank Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist exist, all Loans which would otherwise be made by such Bank Lender as (or continued as or converted to) Euro-Dollar Loans shall instead be Base Rate Loans on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other BanksLenders. If such Bank Lender notifies the 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 any the related Euro-Dollar Loans of the other BanksLenders.

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

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any 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 (ii) any Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans, and in any such case the Borrower shall, by at least three five Euro-Dollar Business Days’ ' prior notice to such Bank through the Servicing Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank 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 Bank as (or continued as or converted to) Euro-Dollar Loans shall instead be Base Rate Loans on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks. If such Bank notifies the 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 any related Euro-Dollar Loans of the other Banks.

Base Rate Loans Substituted for Affected Fixed Rate Loans. (a) If (i) the obligation of any Bank to make, or to continue or convert outstanding Loans as or tointo, Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans, Loans and in any such case the Borrower shall, by at least three five Euro-Dollar Business Days’ prior notice to such Bank through the Servicing Agent, have elected that the provisions of this Section 8.05(a) shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist exist, all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans shall be made instead be as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks). If such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation notice 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 any the related Euro-Dollar Loans of the other Banks.

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any 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 (ii) any Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans, and in any such case the Borrower shall, by at least three Business Days’ ' prior notice to such Bank through the Servicing Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank 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 Bank as (or continued as or converted to) Euro-Dollar Loans shall instead be Base Rate Loans on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks. If such Bank notifies the 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 any related Euro-Dollar Loans of the other Banks. Section 8.06.

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any 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 (ii) any Bank has demanded compensation under Section 8.03 or 8.04 with respect to its Euro-Dollar Loans, and in any such case the Borrower shall, by at least three five Euro-Dollar Business Days’ ' prior notice to such Bank through the Servicing Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist exist, all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans Loans, as the case may be, shall instead be Base Rate Loans on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks. If such Bank notifies the 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 Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to any the related Euro-Dollar Loans of the other Banks.

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank 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 (ii) any Bank 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 Borrower shall, by at least three five Euro-Dollar Business Days’ ' prior notice to such Bank Lender through the Servicing Administrative Agent, have elected that the provisions of this Section shall apply to such BankLender, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist exist, all Loans which would otherwise be made by such Bank Lender as (or continued as or converted to) Euro-Dollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other BanksLenders). If such Bank Lender notifies the 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 any the related Euro-Dollar Loans of the other BanksLenders.