Common use of Computation of Lessor Yield Clause in Contracts

Computation of Lessor Yield. (a) Lessor Yield shall be calculated on the basis of a year of three hundred sixty (360) days for the actual days elapsed. Any change in the Lessor Yield resulting from a change in the Eurodollar Reserve Requirement shall become effective as of the opening of business on the day on which such change becomes effective. (b) Pursuant to Section 12.12 of this Agreement, the calculation of Lessor Yield under this Section 5A.6 shall be made by the Agent. Each determination of Lessor Yield by the Agent shall be conclusive and binding absent demonstrable error. (c) If the Eurodollar Rate cannot be determined by the Agent in the manner specified in the definition of the term “Eurodollar Rate”, then commencing on the Payment Date next occurring and continuing until such time as the Eurodollar Rate can be determined by the Agent in the manner specified in the definition of such term, the outstanding Lessor Advance shall bear a yield at the ABR.

Appears in 2 contracts

Samples: Participation Agreement (United Therapeutics Corp), Participation Agreement (Human Genome Sciences Inc)

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Computation of Lessor Yield. (a) Lessor Yield shall be calculated on the basis of a year of three hundred sixty (360) days for the actual days elapsed. Any change in the Lessor Yield resulting from a change in the Eurodollar Reserve Requirement Percentage shall become effective as of the opening of business on the day on which such change becomes effective. (b) Pursuant to Section 12.12 of this Agreement, the calculation of Lessor Yield under this Section 5A.6 5B.6 shall be made by the Agent. Each determination of Lessor Yield by the Agent shall be conclusive and binding absent demonstrable in the absence of manifest error. (c) If the Eurodollar Rate cannot be determined by the Agent in the manner specified in the definition of the term “Eurodollar Rate”, then commencing on the Scheduled Interest Payment Date next occurring and continuing until such time as the Eurodollar Rate can be determined by the Agent in the manner specified in the definition of such term, the outstanding Lessor Advance shall bear a yield at based on the ABR.

Appears in 1 contract

Samples: Participation Agreement (Convergys Corp)

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Computation of Lessor Yield. (a) Lessor Yield shall be calculated on the basis of a year of three hundred sixty (360) days for the actual days elapsed. Any change in the Lessor Yield resulting from a change in the Eurodollar Reserve Requirement Percentage shall become effective as of the opening of business on the day on which such change becomes effective. (b) Pursuant to Section 12.12 of this Agreement, the calculation of Lessor Yield under this Section 5A.6 5B.6 shall be made by the Agent. Each determination of Lessor Yield by the Agent shall be conclusive and binding absent demonstrable in the absence of manifest error. (c) If the Eurodollar Rate cannot be determined by the Agent in the manner specified in the definition of the term "Eurodollar Rate", then commencing on the Scheduled Interest Payment Date next occurring and continuing until such time as the Eurodollar Rate can be determined by the Agent in the manner specified in the definition of such term, the outstanding Lessor Advance shall bear a yield at based on the ABR.

Appears in 1 contract

Samples: Participation Agreement (Convergys Corp)

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