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

Base Rate Loans Substituted for Affected LIBOR Loans. If (i) the obligation of any Bank to make LIBOR Loans has been suspended pursuant to Section 8.2 or (ii) any Bank has demanded compensation under Section 8.3 or 8.4 with respect to its LIBOR Loans and the Borrower shall, by at least five LIBOR Business Days' prior notice to such Bank through the 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: (a) Borrower shall be deemed to have delivered a Notice of Interest Rate Election with respect to such affected LIBOR Loans and thereafter all Loans which would otherwise be made by such Bank as LIBOR Loans shall be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related LIBOR Loans of the other Banks), and (b) after each of its LIBOR Loans has been repaid, all payments of principal which would otherwise be applied to repay such LIBOR Loans shall be applied to repay its Base Rate Loans instead, and (c) Borrower will not be required to make any payment which would otherwise be required by Section 2.12 with respect to such LIBOR Loans converted to Base Rate Loans pursuant to clause (a) above.

Base Rate Loans Substituted for Affected LIBOR Loans. If (i) the obligation of any Bank to make continue its Loan as a LIBOR Loans Loan has been suspended pursuant to Section 8.2 or (ii) any Bank has demanded compensation under Section 8.3 or 8.4 with respect to its LIBOR Loans Loan and the Borrower shall, by at least five LIBOR Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section 8.5 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:' (a) Borrower shall be deemed to have delivered a Notice of Interest Rate Election with respect to such affected LIBOR Loans and thereafter all Loans any Loan which would otherwise be made continued by such Bank as a LIBOR Loans Loan shall be made continued instead as a Base Rate Loans Loan (on which interest and principal shall be payable contemporaneously with the related LIBOR Loans of the other Banks), and (b) after each of its LIBOR Loans has been repaid, all payments of principal which would otherwise be applied to repay such LIBOR Loans Loan shall be applied to repay its Base Rate Loans Loan instead, and (c) Borrower will not be required to make any payment which would otherwise be required by Section 2.12 2. 11 with respect to such LIBOR Loans Loan converted to a Base Rate Loans Loan pursuant to clause (a) above.

Base Rate Loans Substituted for Affected LIBOR Loans. If (i) the obligation of any Bank to make make, or convert outstanding Loans to, LIBOR Loans has been suspended pursuant to Section 8.2 or (ii) any Bank has demanded compensation under Section 8.3 or 8.4 with respect to its LIBOR Loans and the Borrower shall, by at least five LIBOR Business Days' , prior notice to such Bank through the 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: (a) Borrower shall be deemed to have delivered a Notice of Interest Rate Election with respect to such affected LIBOR Loans and thereafter all Loans which would otherwise be made by such Bank as (or continued as or converted into) LIBOR Loans shall instead be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related LIBOR Loans of the other Banks), ; and (b) after each of its LIBOR Loans has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such LIBOR Loans shall be applied to repay its Base Rate Loans instead, and (c) . If such Bank notifies the Borrower will not be required to make any payment which would otherwise be required by Section 2.12 with respect that the circumstances giving rise to such notice no longer apply, the principal amount of each such Base Rate Loan shall be converted into a LIBOR Loan on the first day of the next succeeding Interest Period applicable to the related LIBOR Loans converted to Base Rate Loans pursuant to clause (a) above.of the other Banks. CREDIT AGREEMENT, PAGE 33 39 ARTICLE 9

Base Rate Loans Substituted for Affected LIBOR Loans. If (i) the obligation of any Bank to make LIBOR Loans to the Borrower has been suspended pursuant to Section 8.2 8.02 or (ii) any Bank has demanded compensation from the Borrower under Section 8.3 8.03 or 8.4 8.04 with respect to its LIBOR Loans and the Borrower shall, by at least five LIBOR Business Days' ’ prior notice to such Bank through the 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 existapply: (a) Borrower shall be deemed to have delivered a Notice of Interest Rate Election with respect to such affected LIBOR Loans and thereafter all Loans which would otherwise be made by such Bank as LIBOR Loans shall be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related LIBOR Loans of the other Banks), and (b) after each of its LIBOR Loans has been repaid, all payments of principal which would otherwise be applied to repay such LIBOR Loans shall be applied to repay its Base Rate Loans instead, and (c) Borrower will not be required to make any payment which would otherwise be required by Section 2.12 with respect to such LIBOR Loans converted to Base Rate Loans pursuant to clause (a) above.

Base Rate Loans Substituted for Affected LIBOR Loans. If (i) the obligation of any Bank Lender to make LIBOR Loans has been suspended pursuant to Section 8.1 or 8.2 or (ii) any Bank Lender has demanded compensation under Section 8.3 or 8.4 with respect to its LIBOR Loans 8.3(a) and the Borrower shall, by at least five LIBOR Business Days' ’ prior notice to such Bank Lender through the Administrative Agent, have elected that the provisions of this Section shall apply to such BankLender, then, unless and until such Bank Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer existapply: (a) Borrower shall be deemed to have delivered a Notice of Interest Rate Election with respect to such affected LIBOR Loans and thereafter all Loans which would otherwise be made by such Bank Lender as LIBOR Loans shall be made instead as Base Rate Loans for which the interest rate is not determined by reference to LIBOR (on which interest and principal shall be payable contemporaneously with the related LIBOR Loans of the other BanksLenders), and (b) after each of its LIBOR Loans has been repaid, all payments of principal which would otherwise be applied to repay such LIBOR Loans shall be applied to repay its Base Rate Loans instead, and (c) Borrower will not be required to make any payment which would otherwise be required by Section 2.12 with respect to such LIBOR Loans converted to Base Rate Loans pursuant to clause (a) above.