Common use of Capitalization of Interest Clause in Contracts

Capitalization of Interest. Unless the appropriate Borrower has notified the Agent in writing on or before 9:00 A.M. (New York City time) on the Business Day immediately preceding the relevant Interest Payment Date or date of a prepayment pursuant to Section 2.10(b)(i), that it will pay, in cash, the interest applicable to any Revolving Credit Advance that is due and payable by it on such Interest Payment Date in accordance with Section 2.07(a) or on such prepayment date in accordance with Section 2.10(b)(i), as applicable, the Lenders will be deemed to have made Tranche A Advances and/or Tranche B Advances, as appropriate, on such Interest Payment Date or prepayment date, as applicable, in an amount equal to the aggregate amount of interest that would otherwise be due and payable on such date, which Revolving Credit Advances shall, unless such Borrower has otherwise notified the Agent in writing on or before such Business Day, (i) be of the same Type and Optional Currency as the Advance (the “Reference Advance”) in respect of which such interest shall have accrued (in each case after giving effect to any Conversion of the Reference Advance on such Interest Payment Date), and (ii) if such Revolving Credit Advance is a Eurocurrency Rate Advance, have an initial Interest Period of the same duration as the Interest Period commencing on such Interest Payment Date with respect to the Reference Advance, provided, however notwithstanding anything herein to the contrary, the appropriate Borrower shall pay in cash all accrued and unpaid interest on (x) Base Rate Advances made after the Scheduled Termination Date and (y) Eurocurrency Rate Advances the Interest Periods with respect to which have commenced after the Scheduled Termination Date. Each Revolving Credit Advance made pursuant to this Section 2.07(c) shall be deemed to have been made pursuant to the Commitments and shall be subject to the limitations that the aggregate outstanding principal amount of the Tranche A Advances may at no time exceed the amount of the Tranche A Facility then in effect and the aggregate outstanding principal amount of the Tranche B Advances may at no time exceed the amount of the Tranche B Facility then in effect.

Capitalization of Interest. Unless Anything contained in this Agreement to the contrary notwithstanding, unless the appropriate Borrower has notified the Agent in writing on or before 9:00 A.M. (New York City time) on the Business Day immediately preceding the relevant any Interest Payment Date or date of a prepayment pursuant to Section 2.10(b)(i), that it will pay, in cash, the interest applicable to any Revolving Credit Advance Advance, including any applicable Utilization Fee, that is due and payable by it on such Interest Payment Date in accordance with Section 2.07(a) or on such prepayment date in accordance with Section 2.10(b)(i), as applicable, the Lenders will be deemed to have made Tranche A Advances and/or Tranche B Advances, as appropriate, on such Interest Payment Date or prepayment date, as applicable, in an amount equal to the aggregate amount of interest interest, including any applicable Utilization Fee, that would otherwise be due and payable on such date, which Revolving Credit Advances shall, unless such Borrower has otherwise notified the Agent in writing on or before such Business Day, (i) be of the same Type and Optional Currency as the Advance (the “Reference Advance”) in respect of which such interest (including any applicable Utilization Fee) shall have accrued (in each case after giving effect to any Conversion of the Reference Advance on such Interest Payment Date), and (ii) if such Revolving Credit Advance is a Eurocurrency Rate Advance, have an initial Interest Period of the same duration as the Interest Period commencing on such Interest Payment Date with respect to the Reference Advance, provided, however notwithstanding anything herein to the contrary, the appropriate Borrower shall pay in cash all accrued and unpaid interest on (x) Base Rate Advances made after the Scheduled Termination Date and (y) Eurocurrency Rate Advances the Interest Periods with respect to which have commenced after the Scheduled Termination Date. Each Revolving Credit Advance made pursuant to this Section 2.07(c) shall be deemed to have been made pursuant to the Commitments and shall be subject to the limitations that the aggregate outstanding principal amount of the Tranche A Advances may at no time exceed the amount of the Tranche A Facility then in effect and the aggregate outstanding principal amount of the Tranche B Advances may at no time exceed the amount of the Tranche B Facility then in effect.

Capitalization of Interest. Unless Anything contained in this Agreement to the contrary notwithstanding, unless the appropriate Borrower has notified the Agent in writing on or before 9:00 A.M. (New York City time) on the Business Day immediately preceding the relevant any Interest Payment Date or date of a prepayment pursuant to Section 2.10(b)(i), that it will pay, in cash, the interest applicable to any Revolving Credit Advance Advance, including any applicable Utilization Fee, that is due and payable by it on such Interest Payment Date in accordance with Section 2.07(a) or on such prepayment date in accordance with Section 2.10(b)(i), as applicable, the Lenders will be deemed to have made Tranche A Revolving Credit Advances and/or Tranche B Advances, as appropriate, on such Interest Payment Date or prepayment date, as applicable, in an amount equal to the aggregate amount of interest interest, including any applicable Utilization Fee, that would otherwise be due and payable on such date, which Revolving Credit Advances Advance shall, unless such Borrower has otherwise notified the Agent in writing on or before such Business Day, (i) be of the same Type and Optional Currency as the Advance (the “Reference Advance”) in respect of which such interest (including any applicable Utilization Fee) shall have accrued (in each case after giving effect to any Conversion of the Reference Advance on such Interest Payment Date), and (ii) if such Revolving Credit Advance is a Eurocurrency Rate Advance, have an initial Interest Period of the same duration as the Interest Period commencing on such Interest Payment Date with respect to the Reference Advance, provided, however notwithstanding anything herein to the contrary, the appropriate Borrower shall pay in cash all accrued and unpaid interest on (x) Base Rate Advances made after the Scheduled Termination Date and (y) Eurocurrency Rate Advances the Interest Periods with respect to which have commenced after the Scheduled Termination Date. Each Revolving Credit Advance made pursuant to this Section 2.07(c) shall be deemed (A) to have been made pursuant to the Commitments and shall be subject to the limitations limitation that the aggregate outstanding principal amount of the Tranche A Advances may at no time exceed the amount of the Tranche A Facility then in effect and the aggregate outstanding principal amount of the Tranche B Advances may at no time exceed the amount of the Tranche B Facility Commitments then in effect, and (B) to have been used for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U issued by the Board of Governors of the Federal Reserve System) if the related Reference Advance was used for the purpose of purchasing or carrying margin stock.

Capitalization of Interest. Unless With ten Banking Business Days in advance of each Interest Payment Date, the appropriate Borrower has notified Debtor may request to the Agent in writing on or before 9:00 A.M. (New York City time) Creditor that on the Business Day immediately preceding the relevant next Interest Payment Date or the interest that would correspond to be paid on said date be capitalized, provided that each and every one of the following prior conditions have been verified: /i/ At least twenty-four months from the Disbursement Date corresponding to the first Disbursement made during the First Availability Period have elapsed; /ii/ The Permitted Reorganization has been concluded; /iii/ That on the date requested to carry out the capitalization of the interest, a prepayment pursuant minimum guarantee coverage ratio of one point two times is maintained, such being understood as the relation between: /one/ the value of the shares delivered as Loan Guarantee , without duplication, according to Section 2.10(b)(i)the valuation formula contained in ATTACHMENT “L” hereof, that it will payand /two/ the principal balance owed on the Loan; /iv/That on the date for which the capitalization is intended, Itaú Nassau has received an original copy of the forms of extension for the Promissory Notes, in cashorder to document the capitalization of interest, to the full satisfaction of Itaú Nassau according to the format contained in ATTACHMENT “J” hereof, duly signed by one or more authorized attorneys-in-fact of the Debtor, and with the endorsement of the Guarantors; /v/ That on the date for which the capitalization is intended, the interest applicable to any Revolving Credit Advance Debtor pays the Stamp Tax in force on that is date due and payable by it on such Interest Payment Date in accordance with Section 2.07(a) or on such prepayment date in accordance with Section 2.10(b)(i), as applicable, the Lenders will be deemed to have made Tranche A Advances and/or Tranche B Advances, as appropriate, on such Interest Payment Date or prepayment date, as applicable, in an amount equal to the aggregate amount of interest to be capitalized, and that would otherwise be due and payable on such datecircumstance has been credited to Itaú Nassau, which Revolving Credit Advances shall, unless such Borrower has otherwise notified through the Agent in writing on or before such Business Day, (i) be Bank and to the full satisfaction of the same Type latter, or that the Debtor has instructed the Agent Bank to pay on the date when the capitalization is made the Stamp Tax that will be levied on the capitalization and Optional Currency as has provided the Advance (Agent Bank with sufficient funds to make said payment; and /vi/ That the “Reference Advance”) Distributions, related to the shares delivered in respect of which such interest shall have accrued (in each case after giving effect to any Conversion Guarantee of the Reference Advance Loan, carried out in the same commercial year, or agreed to be carried out for said year, are not sufficient for the payment of the interests of the Loan on such the next Interest Payment Date), and (ii) if such Revolving Credit Advance is a Eurocurrency Rate Advance, have an initial Interest Period of the same duration as the Interest Period commencing on such Interest Payment Date with respect to the Reference Advance, provided, however notwithstanding anything herein to the contrary, the appropriate Borrower shall pay in cash all accrued and unpaid interest on (x) Base Rate Advances made after the Scheduled Termination Date and (y) Eurocurrency Rate Advances the Interest Periods with respect to which have commenced after the Scheduled Termination Date. Each Revolving Credit Advance made pursuant to this Section 2.07(c) shall be deemed to have been made pursuant to the Commitments and shall be subject to the limitations that the aggregate outstanding principal amount of the Tranche A Advances may at no time exceed the amount of the Tranche A Facility then in effect and the aggregate outstanding principal amount of the Tranche B Advances may at no time exceed the amount of the Tranche B Facility then in effect.Debtor may

Capitalization of Interest. Unless (a) Notwithstanding the appropriate interest payment provisions contained in this Section, until the date on which the principal of, and interest on, the Loans shall become payable in full, whether at the Maturity Date or by reason of acceleration or if the Maturity of all or any portion of the Principal Amount of the Loans or after any Obligations shall have become due and not been paid, the Borrower has notified may capitalize interest as provided in this Section. (b) To the Agent in writing on or before 9:00 A.M. extent the Borrower shall not make any payment of interest (New York City timeincluding for the avoidance of doubt, the Additional Costs Rate, if relevant) on the Business Day immediately preceding the relevant Interest Loans in cash on each Payment Date or date of a prepayment pursuant to Section 2.10(b)(iwhen otherwise due (each, an "INTEREST PAYMENT DATE"), that it will pay, in cash, an amount equal to the interest applicable to any Revolving Credit Advance that is due and payable by it on such Interest Payment Date but not paid in accordance with Section 2.07(acash shall be added to the Principal Amount payable hereunder and shall bear interest as provided herein. (c) For the avoidance of doubt, the payment of each Principal Amount described in SECTIONS 3.1.1 (a) and SECTION 3.1.2 shall be made without payment of any interest capitalized until such date. All interest so capitalized shall, subject to this Agreement, be added to the Principal Amount immediately outstanding after each such payment and shall be paid in cash at the Maturity Date or on such prepayment any other date where interest is actually payable. (d) To the extent the Borrower shall not make any payment of interest on the Loans in accordance with Section 2.10(b)(i), as applicable, the Lenders will be deemed to have made Tranche A Advances and/or Tranche B Advances, as appropriate, cash on such any Interest Payment Date occurring after the Maturity of all or prepayment dateany portion of the Principal Amount of the Loans or after any other Obligations shall have become due and not been paid, as applicable, in an amount equal which bears the same proportion to the aggregate total amount of interest that which would otherwise be due and payable on such date, which Revolving Credit Advances shall, unless such Borrower has otherwise notified the Agent in writing on or before such Business Day, remaining Principal Amount of the Loans if the Loans bore interest at the Increased Rate for the period from the immediately preceding Interest Payment Date until the then current Interest Payment Date as (i) be the amount of interest due on the same Type and Optional Currency as current Interest Payment Date at the Advance Fixed Rate but not paid in cash bears to (ii) the “Reference Advance”) in respect total amount of which such interest shall have accrued (in each case after giving effect to any Conversion of at the Reference Advance Fixed Rate payable on such Interest Payment Date), and (ii) if such Revolving Credit Advance is a Eurocurrency Rate Advance, have an initial Interest Period of the same duration as the Interest Period commencing on such Interest Payment Date with respect shall be added to the Reference Advance, provided, however notwithstanding anything herein to the contrary, the appropriate Borrower shall pay in cash all accrued and unpaid interest on (x) Base Rate Advances made after the Scheduled Termination Date and (y) Eurocurrency Rate Advances the Interest Periods with respect to which have commenced after the Scheduled Termination Date. Each Revolving Credit Advance made pursuant to this Section 2.07(c) shall be deemed to have been made pursuant to the Commitments Principal Amount payable hereunder and shall be subject to the limitations that the aggregate outstanding principal amount of the Tranche A Advances may at no time exceed the amount of the Tranche A Facility then in effect and the aggregate outstanding principal amount of the Tranche B Advances may at no time exceed the amount of the Tranche B Facility then in effectbear interest as provided herein.

Capitalization of Interest. Unless the appropriate Borrower has notified the Agent in writing on or before 9:00 A.M. (New York City time) on the Business Day immediately preceding the relevant Interest Payment Date or date of a prepayment pursuant to Section 2.10(b)(i), that it will pay, in cash, the interest applicable to any Revolving Credit Advance that is due and payable by it on such Interest Payment Date in accordance with Section 2.07(a) or on such prepayment date in accordance with Section 2.10(b)(i), as applicable, the Lenders will be deemed to have made Tranche A Advances and/or Tranche B Advances, as appropriate, on such Interest Payment Date or prepayment date, as applicable, in an amount equal to the aggregate amount of interest that would otherwise be due and payable on such date, which Revolving Credit Advances shall, unless such Borrower has otherwise notified the Agent in writing on or before such Business Day, (i) be of the same Type and Optional Currency as the Advance (the “Reference Advance”) in respect of which such interest shall have accrued (in each case after giving effect to any Conversion of the Reference Advance on such Interest Payment Date), and (ii) if such Revolving Credit Advance is a Eurocurrency Rate Advance, have an initial Interest Period of the same duration as the Interest Period commencing on such Interest Payment Date with respect to the Reference Advance, provided, however however, notwithstanding anything herein to the contrary, the appropriate Borrower shall pay in cash all accrued and unpaid interest on (x) Base Rate Advances made after the Scheduled Termination 364-Day Initial Maturity Date and (y) Eurocurrency Rate Advances the Interest Periods with respect to which have commenced after the Scheduled Termination 364-Day Initial Maturity Date. Each Revolving Credit Advance made pursuant to this Section 2.07(c) shall be deemed to have been made pursuant to the Commitments and shall be subject to the limitations that the aggregate outstanding principal amount of the Tranche A Advances may at no time exceed the amount of the Tranche A Facility then in effect and the aggregate outstanding principal amount of the Tranche B Advances may at no time exceed the amount of the Tranche B Facility then in effect.

Capitalization of Interest. Unless Anything contained in this Agreement to the contrary notwithstanding, unless the appropriate Borrower has notified the Agent in writing on or before 9:00 A.M. (New York City time) on the Business Day immediately preceding the relevant any Interest Payment Date or date of a prepayment pursuant to Section 2.10(b)(i), that it will pay, in cash, the interest applicable to any Revolving Credit Advance Advance, including any applicable Utilization Fee, that is due and payable by it on such Interest Payment Date in accordance with Section 2.07(a) or on such prepayment date in accordance with Section 2.10(b)(i), as applicable, the Lenders will be deemed to have made Tranche A Revolving Credit Advances and/or Tranche B Advances, as appropriate, on such Interest Payment Date or prepayment date, as applicable, in an amount equal to the aggregate amount of interest interest, including any applicable Utilization Fee, that would otherwise be due and payable on such date, which Revolving Credit Advances Advance shall, unless such Borrower has otherwise notified the Agent in writing on or before such Business Day, (i) be of the same Type and Optional Currency as the Advance (the “"Reference Advance”") in respect of which such interest (including any applicable Utilization Fee) shall have accrued (in each case after giving effect to any Conversion of the Reference Advance on such Interest Payment Date), and (ii) if such Revolving Credit Advance is a Eurocurrency Rate Advance, have an initial Interest Period of the same duration as the Interest Period commencing on such Interest Payment Date with respect to the Reference Advance, provided, however notwithstanding anything herein to the contrary, the appropriate Borrower shall pay in cash all accrued and unpaid interest on (x) Base Rate Advances made after the Scheduled Termination Date and (y) Eurocurrency Rate Advances the Interest Periods with respect to which have commenced after the Scheduled Termination Date. Each Revolving Credit Advance made pursuant to this Section 2.07(c) shall be deemed (A) to have been made pursuant to the Commitments and shall be subject to the limitations limitation that the aggregate outstanding principal amount of the Tranche A Advances may at no time exceed the amount of the Tranche A Facility then in effect and the aggregate outstanding principal amount of the Tranche B Advances may at no time exceed the amount of the Tranche B Facility Commitments then in effect, and (B) to have been used for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U issued by the Board of Governors of the Federal Reserve System) if the related Reference Advance was used for the purpose of purchasing or carrying margin stock.

Capitalization of Interest. Unless Anything contained in this Agreement to the appropriate contrary notwithstanding, unless the Borrower has notified the Agent in writing on or before 9:00 A.M. (New York City time) on the second Business Day immediately preceding the relevant prior to any Interest Payment Date or date of a prepayment pursuant to Section 2.10(b)(i2.09(b)(i), that it will pay, in cash, the interest applicable to any Revolving Credit Advance Advance, including any applicable Utilization Fee, that is due and payable by it on such Interest Payment Date in accordance with Section 2.07(a2.06(a) or on such prepayment date in accordance with Section 2.10(b)(i2.09(b)(i), as applicable, the Lenders will be deemed to have made Tranche A Revolving Credit Advances and/or Tranche B Advances, as appropriate, on such Interest Payment Date or prepayment date, as applicable, in an amount equal to the aggregate amount of interest interest, including any applicable Utilization Fee, that would otherwise be due and payable on such date, which Revolving Credit Advances Advance shall, unless such the Borrower has otherwise notified the Agent in writing on or before such Business Day, (i) be of the same Type and Optional Currency as the Revolving Credit Advance (the “Reference Advance”) in respect of which such interest (including any applicable Utilization Fee) shall have accrued (in each case after giving effect to any Conversion of the Reference Advance on such Interest Payment Date), and (ii) if such Revolving Credit Advance is a Eurocurrency Rate Advance, have an initial Interest Period of the same duration as the Interest Period commencing on such Interest Payment Date with respect to the Reference Advance, provided, however notwithstanding anything herein to the contrary, the appropriate Borrower shall pay in cash all accrued and unpaid interest on (x) Base Rate Advances made after the Scheduled Termination Date and (y) Eurocurrency Rate Advances the Interest Periods with respect to which have commenced after the Scheduled Termination Date. Each Revolving Credit Advance made pursuant to this Section 2.07(c2.06(c) shall be deemed to have been made pursuant to the Commitments and shall be subject to the limitations limitation that the aggregate outstanding principal amount of the Tranche A Revolving Credit Advances may at no time exceed the amount of the Tranche A Facility then in effect and the aggregate outstanding principal amount of the Tranche B Advances may at no time exceed the amount of the Tranche B Facility Commitments then in effect.