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

Base Rate Loans Substituted for Affected. Fixed Rate --------------------------------------------------- Loans. If (a) the obligation of any Lender to make Euro-Dollar Loans has been ------ suspended pursuant to Section 8.02 or (b) any Lender has demanded compensation under Section 8.03(a) and the 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 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 apply: (i) all Loans which would otherwise be made by such Lender as 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); and (ii) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead.

Base Rate Loans Substituted for Affected. Fixed Rate --------------------------------------------------- Loans. If (ai) the obligation of any Lender Bank to make or maintain Euro-Dollar Loans ----- to either Borrower has been ------ suspended pursuant to Section 8.02 or (bii) any Lender Bank has demanded compensation under Section 8.03(a) or 2.16 and the Borrower Company 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 shall apply to such LenderBank, then, unless and until such Lender Bank notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer apply: (ia) all Loans to such Borrower which would otherwise be made by such Lender Bank as Euro- (or continued as or converted into) CD Loans or Euro-Dollar Loans Loans, as the case may be, shall instead be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro- Dollar Fixed Rate Loans of the other LendersBanks); , and (iib) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, to such Borrower has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay Euro-Dollar such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such Bank notifies the Company that the circumstances giving rise to such notice no longer apply, the principal amount of each such Base Rate Loan shall be subject to the provisions of Section 2.10 in the same manner as the CD Loans or Euro-Dollar Loans in the Group of Loans in which such Base Rate Loan is included, effective as of the first day of the next succeeding Interest Period applicable thereto.

Base Rate Loans Substituted for Affected. Fixed Rate --------------------------------------------------- Euro-Dollar ---------------------------------------------------- Loans. If If (a) the obligation of any Lender to make or maintain, or to convert ----- outstanding Loans to, Euro-Dollar Loans has been ------ suspended pursuant to Section 8.02 2.14 or (b) any Lender has demanded compensation under Section 8.03(a2.15(a) and with respect to its Euro-Dollar Loans and, in any such case, the Borrower shall, by at least five four Euro-Dollar Business Days' prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 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 apply: (i) all Loans which would otherwise be made by such Lender as Euro- (or continued as or converted 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- Euro-Dollar Loans of the other Lenders); and (ii) after each of its Euro-Dollar Loans has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which that would otherwise be applied to repay such Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead. If such Lender notifies the Borrower 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 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. Fixed Rate --------------------------------------------------- Euro-Dollar Loans. If (ai) the obligation of any Lender Bank to make make, or convert ----------------- outstanding Loans to, Euro-Dollar Loans has been ------ suspended pursuant to Section 8.02 Sections 8.1 or 8.2 or (bii) any Lender Bank has demanded compensation under Section 8.03(a) 8.3 or 8.4 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five (5) Euro-Dollar Business Days' prior notice to such Lender Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such LenderBank, then, unless and until such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist: (ia) all Loans which would otherwise be made by such Lender Bank as Euro- Euro-Dollar Loans shall be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro- Euro-Dollar Loans of the other LendersBanks); , and (iib) 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.

Base Rate Loans Substituted for Affected. Fixed Rate --------------------------------------------------- Euro-Dollar ---------------------------------------------------- Loans. . (a) If (ai) the obligation of any Lender Bank to make make, or convert outstanding ----- Loans to, Euro-Dollar Loans has been ------ suspended pursuant to Section 8.02 Sections 8.1 or 8.2 or (bii) any Lender Bank has demanded compensation under Section 8.03(a) 8.3 or 8.4 with respect to its Euro-Dollar Loans and the 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 shall apply to such LenderBank, then, unless and until such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply: (i) exist, all Loans which would otherwise be made by such Lender Bank as Euro- Euro-Dollar Loans shall be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro- Euro-Dollar Loans of the other LendersBanks); and (ii) , and after each of its Euro-Dollar Loans has been repaid, all payments pay ments of principal which would otherwise be applied to repay such Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead. (b) If any Bank notifies Borrower that the circumstances giving rise to the notice referred to in paragraph (a) above no longer apply, the principal amount of each such Base Rate Loan shall be converted into a Euro-Dollar Loan on the first day of the next succeed ing Interest Period applicable to the related Euro-Dollar Loans of the other Banks.