Common use of Calculation of the Mandatory Costs Rate Clause in Contracts

Calculation of the Mandatory Costs Rate. The Mandatory Costs Rate is an addition to the interest rate on each Eurocurrency Loan or any other sum on which interest is to be calculated to compensate the Lenders for the cost attributable to Eurocurrency Loan or such sum resulting from the imposition from time to time under or pursuant to the Act and/or by the Bank of England, the FSA (or other United Kingdom governmental authorities or agencies) or the European Central Bank of a requirement to place non-interest bearing or Special Deposits (whether interest bearing or not) with the Bank of England and/or pay fees to the FSA calculated by reference to the liabilities used to fund the relevant Eurocurrency Loan or such sum. The “Mandatory Costs Rate” will be the rate determined by the Administrative Agent to be equal to the rate (rounded upward, if necessary, to the next higher 1/100 of 1%) resulting from the application of the following formula: For Sterling: 100-(X + S) For other Foreign Currencies: 300 where on the day of application of the formula X is the percentage of Eligible Liabilities (in excess of any stated minimum) by reference to which Deutsche Bank AG (or its applicable affiliate) is required under or pursuant to the Act to maintain cash ratio deposits with the Bank of England; L is the rate of interest (exclusive of Applicable Rate and Mandatory Costs Rate) payable on that day on the related Eurocurrency Loan or unpaid sum pursuant to this Agreement; F is the rate of charge payable by Deutsche Bank AG (or its applicable affiliate) to the FSA pursuant to the Fees Regulations and expressed in pounds per £1 million of the Fees Base of such Reference Lender; S is the level of interest-bearing Special Deposits, expressed as a percentage of Eligible Liabilities, which Deutsche Bank AG, Canada Branch is required to maintain by the Bank of England (or other United Kingdom governmental authorities or agencies); and D is the percentage rate per annum payable by the Bank of England to Deutsche Bank AG (or its applicable affiliate) on Special Deposits. (X, L, S and D are to be expressed in the formula as numbers and not as percentages. A negative result obtained from subtracting D from L shall be counted as zero.) The Mandatory Costs Rate attributable to a Eurocurrency Loan or other sum for any period shall be calculated at or about 11:00 A.M. (London time) on the first day of such period for the duration of such period. The determination of Mandatory Costs Rate by the Administrative Agent in relation to any period shall, in the absence of manifest error, be conclusive and binding on all parties hereto.

Calculation of the Mandatory Costs Rate. The Mandatory Costs Rate is an addition to the interest rate on each Eurocurrency Loan or any other sum on which interest is to be calculated to compensate the Lenders for the cost attributable to Eurocurrency Loan or such sum resulting from the imposition from time to time under or pursuant to the Act and/or by the Bank of England, the FSA (or other United Kingdom governmental authorities or agencies) or the European Central Bank of a requirement to place non-interest bearing or Special Deposits (whether interest bearing or not) with the Bank of England and/or pay fees to the FSA calculated by reference to the liabilities used to fund the relevant Eurocurrency Loan or such sum. The “"Mandatory Costs Rate” " will be the rate determined by the Administrative Agent to be equal to the rate (rounded upward, if necessary, to the next higher 1/100 of 1%) resulting from the application of the following formula: For Sterling: XL + S(X-X) + F × 0.01 100-(X + S) For other Foreign Currencies: F × 0.01 300 where on the day of application of the formula X is the percentage of Eligible Liabilities (in excess of any stated minimum) by reference to which Deutsche Bank AG (or its applicable affiliate) is required under or pursuant to the Act to maintain cash ratio deposits with the Bank of England; L is the rate of interest (exclusive of Applicable Rate and Mandatory Costs Rate) payable on that day on the related Eurocurrency Loan or unpaid sum pursuant to this Agreement; F is the rate of charge payable by Deutsche Bank AG (or its applicable affiliate) to the FSA pursuant to the Fees Regulations and expressed in pounds per £1 million of the Fees Base of such Reference Lender; S is the level of interest-bearing Special Deposits, expressed as a percentage of Eligible Liabilities, which Deutsche Bank AG, Canada Branch is required to maintain by the Bank of England (or other United Kingdom governmental authorities or agencies); and D is the percentage rate per annum payable by the Bank of England to Deutsche Bank AG (or its applicable affiliate) on Special Deposits. (X, L, S and D are to be expressed in the formula as numbers and not as percentages. A negative result obtained from subtracting D from L shall be counted as zero.) The Mandatory Costs Rate attributable to a Eurocurrency Loan or other sum for any period shall be calculated at or about 11:00 A.M. (London time) on the first day of such period for the duration of such period. The determination of Mandatory Costs Rate by the Administrative Agent in relation to any period shall, in the absence of manifest error, be conclusive and binding on all parties hereto.

Calculation of the Mandatory Costs Rate. The Mandatory Costs Rate is an addition to the interest rate on each Eurocurrency Loan or any other sum on which interest is to be calculated to compensate the Lenders for the cost attributable to such Eurocurrency Loan or such sum resulting from the imposition from time to time under or pursuant to the Act and/or by the Bank of England, England and/or the FSA (or other United Kingdom governmental authorities or agencies) or the European Central Bank of a requirement to place non-interest bearing or Special Deposits (whether interest bearing or not) with the Bank of England and/or pay fees to the FSA calculated by reference to the liabilities used to fund the relevant Eurocurrency Loan or such sum. The “Mandatory Costs Rate” will be the rate determined by the Administrative Agent to be equal to the rate (rounded upward, if necessary, to the next higher 1/100 of 1%) resulting from the application of the following formula: For Sterling: 100-(X + S100-(X+S) For other Foreign Alternative Currencies: 300 where on the day of application of the formula X is the percentage of Eligible Liabilities (in excess of any stated minimum) by reference to which Deutsche Bank AG Citibank, N.A. (or its applicable affiliate“Citi”) is required under or pursuant to the Act to maintain as an interest free cash ratio deposits deposit with the Bank of EnglandEngland in order to comply with the cash ratio requirements; L is the rate of interest (exclusive of Applicable Margin, Mandatory Costs Rate and Mandatory Costs Ratedefault interest payable under Section 2.09 of the Credit Agreement) payable on that day on the related Eurocurrency Loan or unpaid sum pursuant to this Agreement; F is the rate of charge payable by Deutsche Bank AG (or its applicable affiliate) Citi to the FSA pursuant to the Fees Regulations and expressed in pounds per £1 million of the Fees Fee Base of such Reference LenderCiti; S is the level of interest-bearing Special Deposits, expressed as a percentage (if any) of Eligible Liabilities, which Deutsche Bank AG, Canada Branch Citi is required from time to time to maintain by as Special Deposits with the Bank of England (or other United Kingdom governmental authorities or agencies)England; and D is the percentage rate per annum payable by the Bank of England to Deutsche Bank AG (or its applicable affiliate) Citi on interest bearing Special Deposits. (X, L, S and D are to be expressed in the formula as numbers and not as percentages. A negative result obtained from subtracting D from L shall be counted as zero.) The Mandatory Costs Rate attributable to a Eurocurrency Loan or other sum for any period shall be calculated at or about 11:00 A.M. (London time) on the first day of such period for the duration of such period. The determination of Mandatory Costs Rate by the Administrative Agent in relation to any period shall, in the absence of manifest error, be conclusive and binding on all parties hereto.

Calculation of the Mandatory Costs Rate. The Mandatory Costs Rate is an addition to the interest rate on each Eurocurrency Loan or any other sum on which interest is to be calculated to compensate the Lenders for the cost attributable to Eurocurrency Loan or such sum resulting from the imposition from time to time under or pursuant to the Act and/or by the Bank of England, England and/or the FSA (or other United Kingdom governmental authorities or agencies) or the European Central Bank of a requirement to place non-interest bearing or Special Deposits (whether interest bearing or not) with the Bank of England and/or pay fees to the FSA calculated by reference to the liabilities used to fund the relevant Eurocurrency Loan or such sum. The “"Mandatory Costs Rate” " will be the rate determined by the Administrative Agent to be equal to the rate (rounded upward, if necessary, to the next higher 1/100 of 1%) resulting from the application of the following formula: For Sterling: 100-(X + S100-(+XS) For other Foreign Currencies: 300 where on the day of application of the formula X is the percentage of Eligible Liabilities (in excess of any stated minimum) by reference to which Deutsche Bank AG (or its applicable affiliate) Wachovia Bank, National Association is required under or pursuant to the Act to maintain cash ratio deposits with the Bank of England; L is the rate of interest (exclusive of Applicable Rate Euro-Currency Margin and Mandatory Costs Rate) payable on that day on the related Eurocurrency Loan or unpaid sum pursuant to this Agreement; F is the rate of charge payable by Deutsche Bank AG (or its applicable affiliate) Wachovia Bank, National Association to the FSA pursuant to the Fees Regulations and expressed in pounds per £1 million of the Fees Base of such Reference Lender; S is the level of interest-bearing Special Deposits, expressed as a percentage of Eligible Liabilities, which Deutsche Bank AGWachovia Bank, Canada Branch National Association is required to maintain by the Bank of England (or other United Kingdom governmental authorities or agencies); and D is the percentage rate per annum payable by the Bank of England to Deutsche Bank AG (or its applicable affiliate) Wachovia Bank, National Association on Special Deposits. (X, L, S and D are to be expressed in the formula as numbers and not as percentages. A negative result obtained from subtracting D from L shall be counted as zero.) The Mandatory Costs Rate attributable to a Eurocurrency Loan or other sum for any period shall be calculated at or about 11:00 A.M. (London time) on the first day of such period for the duration of such period. The determination of Mandatory Costs Rate by the Administrative Agent in relation to any period shall, in the absence of manifest error, be conclusive and binding on all parties hereto.

Calculation of the Mandatory Costs Rate. The Mandatory Costs Rate is an addition to the interest rate on each Eurocurrency Euro-Currency Loan or any other sum on which interest is to be calculated to compensate the Lenders Banks for the cost attributable to Eurocurrency each Euro-Currency Loan or such sum resulting from the imposition from time to time under or pursuant to the Act and/or by the Bank of England, England and/or the FSA (or other United Kingdom governmental authorities or agencies) or the European Central Bank of a requirement to place non-interest bearing or Special Deposits (whether interest bearing or not) with the Bank of England and/or pay fees to the FSA calculated by reference to the liabilities used to fund the relevant Eurocurrency Euro-Currency Loan or such sum. The “Mandatory Costs Rate” "MANDATORY COSTS RATE" will be the rate determined by the Administrative Agent to be equal to the rate arithmetic mean (rounded upward, if necessary, to the next higher 1/100 of 1%) of the respective rates notified by each of the Euro-Currency Reference Banks to the Administrative Agent as the rate resulting from the application of the following formula: For SterlingBritish pounds sterling: 100-(X XL + S(X-X) + F x 0.01 ---------------------- 100 - (X + S) For other Foreign Alternate Currencies: F x 0.01 -------- 300 where on the day of application of the formula formula: X is the percentage of Eligible Liabilities (in excess of any stated minimum) by reference to which Deutsche such Euro-Currency Reference Bank AG (or its applicable affiliate) is required under or pursuant to the Act to maintain cash ratio deposits with the Bank of England; L is the rate of interest (exclusive of Applicable Rate Euro-Currency Margin and Mandatory Costs Rate) payable on that day on the related Eurocurrency Euro-Currency Loan or unpaid sum pursuant to this Agreement; F is the rate of periodical charge payable by Deutsche such Euro-Currency Reference Bank AG (or its applicable affiliate) to the FSA pursuant to the Fees Regulations and expressed in pounds per £1 Pound Sterling1 million of the Fees Fee Base of such Euro-Currency Reference LenderBank; S is the level of interest-bearing Special Deposits, expressed as a percentage of Eligible Liabilities, which Deutsche such Euro-Currency Reference Bank AG, Canada Branch is required to maintain by the Bank of England (or other United Kingdom governmental authorities or agencies); and D is the percentage rate per annum payable by the Bank of England to Deutsche such Euro-Currency Reference Bank AG (or its applicable affiliate) on Special Deposits. (X, L, S and D are to be expressed in the formula as numbers and not as percentages. A negative result obtained from subtracting D from L shall be counted as zero.) If any Euro-Currency Reference Bank fails to notify any such rate to the Administrative Agent, the Mandatory Costs Rate shall be determined on the basis of the rate(s) notified to the Administrative Agent by the remaining Euro-Currency Reference Bank(s). The Mandatory Costs Rate attributable to a Eurocurrency Euro-Currency Loan or other sum for any period shall be calculated at or about 11:00 A.M. (London time) on the first day of such period for the duration of such period. The determination of Mandatory Costs Rate by the Administrative Agent in relation to any period shall, in the absence of manifest error, be conclusive and binding on all parties hereto.