Common use of Base Rate Substituted for Adjusted LIBO Rate Clause in Contracts

Base Rate Substituted for Adjusted LIBO Rate. If (i) the obligation of any Funding Party to make or maintain Lessor Investments or Lease Participant Investments has been suspended pursuant to Section 5.02 or (ii) any Funding Party has demanded compensation under Section 5.03, and the Company shall, by at least 5 Business Days’ prior notice to such Funding Party, with a copy to the Lessor (if it is not such Funding Party), have elected that the provisions of this Section shall apply to such Funding Party, then, unless and until such Funding Party notifies the Lessor (if it is not such Funding Party) and the Company that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) all Lessor Investments or Lease Participant Investments that would otherwise be made or maintained by such Funding Party (and Lessor Investments related thereto, if such Funding Party is a Lease Participant) based upon the Adjusted LIBO Rate shall be made or, from the beginning of the next Yield Period therefor, be maintained instead based upon the Base Rate, plus the Applicable Margin (in all cases Yield and principal or other amounts payable on such Lessor Investments and/or Lease Participant Investments shall be payable contemporaneously with the related or comparable amount payable in respect of the other Funding Parties), and (b) after each of the Lessor Investments and/or Lease Participant Investments made or maintained based upon the Adjusted LIBO Rate has been repaid, all payments of principal that would otherwise be applied to redeem such Lessor Investments and/or Lease Participant Investments shall be applied to redeem Lessor Investments and/or Lease Participant Investments made or maintained based upon the Base Rate instead.

Base Rate Substituted for Adjusted LIBO Rate. If (i) the obligation of any Funding Party to make or maintain Lessor Investments or Lease Participant Investments has been suspended pursuant to Section 5.02 or (ii) any Funding Party has demanded compensation under Section 5.03, and the Company shall, by at least 5 five (5) Business Days’ prior notice to such Funding Party, with a copy to the Lessor (if it is not such Funding Party), have elected that the provisions of this Section shall apply to such Funding Party, then, unless and until such Funding Party notifies the Lessor (if it is not such Funding Party) and the Company that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) all Lessor Investments or Lease Participant Investments that would otherwise be made or maintained by such Funding Party (and Lessor Investments related thereto, if such Funding Party is a Lease Participant) based upon the Adjusted LIBO Rate shall be made or, from the beginning of the next Yield Period therefor, be maintained instead based upon the Base Rate, plus the Applicable Margin (in all cases Yield and principal or other amounts payable on such Lessor Investments and/or Lease Participant Investments shall be payable contemporaneously with the related or comparable amount payable in respect of the other Funding Parties), and (b) after each of the Lessor Investments and/or Lease Participant Investments made or maintained based upon the Adjusted LIBO Rate has been repaid, all payments of principal that would otherwise be applied to redeem such Lessor Investments and/or Lease Participant Investments shall be applied to redeem Lessor Investments and/or Lease Participant Investments made or maintained based upon the Base Rate instead.

Base Rate Substituted for Adjusted LIBO Rate. If (i) -------------------------------------------- the obligation of any Funding Party Lender to make or maintain Loans or of the Lessor Investments or Lease Participant Investments to make LI Fundings has been suspended pursuant to Section 5.02 or (ii) any Funding Party Lender or the Lessor has demanded compensation under Section 5.03, and the Company Company, as Acquisition/Construction Agent for the Lessor, shall, by at least 5 five (5) Business Days’ ' prior notice to such Funding Party, with a copy to the Lessor (if it is not or to such Funding Party)Lender through the Agent, have elected that the provisions of this Section shall apply to such Funding PartyLender or the Lessor, then, unless and until such Funding Party Lender or the Lessor notifies the Lessor (if it is not such Funding Party) and Company, as Acquisition/Construction Agent for the Company Lessor, that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) all Lessor Investments Loans or Lease Participant Investments LI Fundings that would otherwise be made or maintained by such Funding Party (and Lender or the Lessor Investments related thereto, if such Funding Party is a Lease Participant) based upon the Adjusted LIBO Rate shall be made or, from the beginning of the next Yield Interest Period therefor, be maintained instead based upon the Base Rate, plus the Applicable Margin (if any) (in all cases Yield interest, and principal or other amounts payable on such Lessor Investments and/or Lease Participant Investments Loans shall be payable contemporaneously with the related or comparable amount payable in respect of the other Funding PartiesLenders), and (b) after each of the Lessor Investments and/or Lease Participant Investments its Loans or LI Fundings made or maintained based upon the Adjusted LIBO Rate has been repaid, all payments of principal that would otherwise be applied to redeem repay such Lessor Investments and/or Lease Participant Investments Loans or LI Fundings shall be applied to redeem Lessor Investments and/or Lease Participant Investments repay its Loans or LI Fundings made or maintained based upon the Base Rate instead.

Base Rate Substituted for Adjusted LIBO Rate. If (i) the obligation of any Funding Party to make or maintain Lessor Investments Advances or Lease Participant Investments Advances has been suspended pursuant to Section 5.02 or (ii) any Funding Party has demanded compensation under Section 5.03, and the Company shall, by at least 5 Business Days’ prior notice to such Funding Party, with a copy to the Lessor (if it is not such Funding Party), have elected that the provisions of this Section shall apply to such Funding Party, then, unless and until such Funding Party notifies the Lessor (if it is not such Funding Party) and the Company that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) all Lessor Investments Advances or Lease Participant Investments Advances that would otherwise be made or maintained by such Funding Party (and Lessor Investments Advances related thereto, if such Funding Party is a Lease Participant) based upon the Adjusted LIBO Rate shall be made or, from the beginning of the next Yield Period therefor, be maintained instead based upon the Base Rate, plus the Applicable Margin (in all cases Yield and principal or other amounts payable on such Lessor Investments Advances and/or Lease Participant Investments Advances shall be payable contemporaneously with the related or comparable amount payable in respect of the other Funding Parties), and (b) after each of the Lessor Investments Advances and/or Lease Participant Investments Advances made or maintained based upon the Adjusted LIBO Rate has been repaid, all payments of principal that would otherwise be applied to redeem such Lessor Investments Advances and/or Lease Participant Investments Advances shall be applied to redeem Lessor Investments Advances and/or Lease Participant Investments Advances made or maintained based upon the Base Rate instead.

Base Rate Substituted for Adjusted LIBO Rate. If (i) the obligation of any Funding Party Lender or the Lessor to make or maintain Loans or Lessor Investments Investment Payments or Lease Participant Investments its Lessor Investment has been suspended pursuant to Section 5.02 or (ii) any Funding Party Lender or the Lessor has demanded compensation under Section 5.03, and the Company Company, as Acquisition/Construction Agent for the Lessor, shall, by at least 5 five (5) Business Days’ ' prior notice to such Funding Party, with a copy to Lender or the Lessor (if it is not such Funding Party)through the Agent, have elected that the provisions of this Section shall apply to such Funding PartyLender or the Lessor, then, unless and until such Funding Party Lender or the Lessor notifies the Lessor (if it is not such Funding Party) and Company, as Acquisition/Construction Agent for the Company Lessor, that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) all Loans or Lessor Investments or Lease Participant Investments Investment Payments that would otherwise be made or maintained by such Funding Party (and Lender or the Lessor Investments related thereto, if such Funding Party is a Lease Participant) based upon the Adjusted LIBO Rate shall be made or, from the beginning of the next Interest Period or Yield Period therefor, as applicable, be maintained instead based upon the Base Rate, plus the Applicable Margin (in all cases interest, Yield and principal or other amounts payable on such Loans or Lessor Investments and/or Lease Participant Investments Investment Payments shall be payable contemporaneously with the related or comparable amount payable in respect of the other Funding PartiesLenders and the Lessor), and (b) after each of the its Loans or Lessor Investments and/or Lease Participant Investments Investment Payments made or maintained based upon the Adjusted LIBO Rate has been repaid, all payments of principal that would otherwise be applied to redeem repay such Loans or Lessor Investments and/or Lease Participant Investments Investment Payments, as applicable, shall be applied to redeem repay its Loans or Lessor Investments and/or Lease Participant Investments Investment Payments made or maintained based upon the Base Rate instead.

Base Rate Substituted for Adjusted LIBO Rate. If (i) -------------------------------------------- the obligation of any Funding Party to make or maintain Lessor Investments Advances or Lease Participant Investments Advances has been suspended pursuant to Section 5.02 or (ii) any Funding Party has demanded compensation under Section 5.03, and the Company Company, as Acquisition/Construction Agent for the Lessor, or as Lessee under the Lease, shall, by at least 5 Business Days’ ' prior notice to such Funding Party, with a copy to the Lessor (if it is not such Funding Party), have elected that the provisions of this Section shall apply to such Funding Party, then, unless and until such Funding Party notifies the Lessor (if it is not such Funding Party) and the Company Company, as Acquisition/Construction Agent for the Lessor, or as Lessee under the Lease, that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) all Lessor Investments Advances or Lease Participant Investments Advances that would otherwise be made or maintained by such Funding Party (and Lessor Investments Advances related thereto, if such Funding Party is a Lease Participant) based upon the Adjusted LIBO Rate shall be made or, from the beginning of the next Yield Period therefor, be maintained instead based upon the Base Rate, plus the Applicable Margin (in all cases Yield and principal or other amounts payable on such Lessor Investments Advances and/or Lease Participant Investments Advances shall be payable contemporaneously with the related or comparable amount payable in respect of the other Funding Parties), and (b) after each of the Lessor Investments Advances and/or Lease Participant Investments Advances made or maintained based upon the Adjusted LIBO Rate has been repaid, all payments of principal that would otherwise be applied to redeem such Lessor Investments Advances and/or Lease Participant Investments Advances, shall be applied to redeem Lessor Investments Advances and/or Lease Participant Investments Advances made or maintained based upon the Base Rate instead.