Common use of Determination of Interest Period Clause in Contracts

Determination of Interest Period. By giving notice as set forth in SECTION 2.06(b), a Borrower shall have the option, subject to the other provisions of this SECTION 2.07, to specify whether the Interest Period for such LIBOR Loan shall be a one, two, three or six month period. The determination of Interest Periods shall be subject to the following provisions: (i) In the case of immediately successive Interest Periods, each successive Interest Period shall commence on the day on which the preceding Interest Period expires. (ii) If any Interest Period would otherwise expire on a day which is not a Business Day, the Interest Period shall be extended to expire on the next succeeding Business Day; PROVIDED, HOWEVER, that if the next succeeding Business Day occurs in the following calendar month, then such Interest Period shall expire on the immediately preceding Business Day. (iii) A Borrower may not select an Interest Period for any LIBOR Loan, which Interest Period expires later than the maturity date of such Loan. (iv) A Borrower may not select an Interest Period with respect to any portion of such Borrower's Term Loans which extends beyond an installment payment date for such Term Loans unless, after giving effect to such selection, the portion of such Term Loans not subject to Interest Periods ending after such installment payment date is equal to or greater than the principal due on such installment payment date. (v) A Borrower may not select an Interest Period with respect to any portion of such Borrower's Revolving Loans which extends beyond any date on which the Revolving Loan Commitment Amounts are scheduled to be reduced unless, after giving effect to such selection, the portion of the Revolving Loans not subject to Interest Periods ending after any such date is equal to or greater than any amount of the Revolving Loans required to be prepaid as a result of any such reduction. (vi) There shall be no more than eight (8) Interest Periods in effect at any one time with respect to all the Loans and no more than four (4) Interest Periods in effect at any one time with respect to the Term B Loans.

Determination of Interest Period. By giving notice as set forth in SECTION Section 2.06(b), a Borrower shall have the option, subject to the other provisions of this SECTION Section 2.07, to specify whether the Interest Period for such LIBOR Loan shall be a one, two, three or six month period. The determination of Interest Periods shall be subject to the following provisions: (i1) In the case of immediately successive Interest Periods, each successive Interest Period shall commence on the day on which the next preceding Interest Period expires. (ii2) If any Interest Period would otherwise expire on a day which is not a Business Day, the Interest Period shall be extended to expire on the next succeeding Business Day; PROVIDEDprovided, HOWEVERhowever, that if the next succeeding Business Day occurs in the following calendar month, then such Interest Period shall expire on the immediately preceding Business Day. (iii) A Borrower may not select an Interest Period for any LIBOR Loan, which Interest Period expires later than the maturity date of such Loan. (iv3) A Borrower may not select an Interest Period with respect to any portion of such Borrower's ’s Term Loans which extends beyond an installment payment date for such Term Loans unless, after giving effect to such selection, the portion of such Term Loans not subject to Interest Periods ending after such installment payment date is equal to or greater than the principal due on such installment payment date; provided however, that no Interest Period for any Term Loans shall extend beyond the Term Loan Termination Date. (v4) A Borrower may not select an Interest Period with respect to any portion of such Borrower's ’s Revolving Loans which extends beyond any date on which the Revolving Loan Commitment Amounts are scheduled to be reduced unless, after giving effect to such selection, the portion of the Revolving Loans not subject to Interest Periods ending after any such date is equal to or greater than any amount of the Revolving Loans required to be prepaid repaid as a result of any such reduction; provided, however, that no Interest Period for any Revolving Loans shall extend beyond the Revolving Loan Commitment Termination Date. (vi5) There shall be no more than eight six (8) Interest Periods in effect at any one time with respect to all the Loans and no more than four (46) Interest Periods in effect at any one time with respect to the Term B Loanstime.

Determination of Interest Period. By giving notice as set forth in SECTION 2.06(b2.06(B), a Borrower shall have the option, subject to the other provisions of this SECTION 2.07, to specify whether the Interest Period for such LIBOR Loan shall be a one, two, three or six month period. The determination of Interest Periods shall be subject to the following provisions: (i) In the case of immediately successive Interest Periods, each successive Interest Period shall commence on the day on which the preceding Interest Period expires. (ii) If any Interest Period would otherwise expire on a day which is not a Business Day, the Interest Period shall be extended to expire on the next succeeding Business Day; PROVIDED, HOWEVER, PROVIDED that if the next succeeding Business Day occurs in the following calendar month, then such Interest Period shall expire on the immediately preceding Business Day. (iii) A Borrower may not select an Interest Period for any LIBOR Loan, which Interest Period expires later than the maturity date of such Loan. (iv) A Borrower may not select an Interest Period with respect to any portion of such Borrower's Term Loans which extends beyond an installment payment date for such Term Loans unless, after giving effect to such selection, the portion of such Term Loans not subject to Interest Periods ending after such installment payment date is equal to or greater than the principal due on such installment payment date. (v) A Borrower may not select an Interest Period with respect to any portion of such Borrower's Revolving Loans which extends beyond any date on which the Revolving Loan Commitment Amounts are scheduled to be reduced unless, after giving effect to such selection, the portion of the Revolving Loans not subject to Interest Periods ending after any such date is equal to or greater than any amount of the Revolving Loans required to be prepaid as a result of any such reduction. (vi) There shall be no more than eight (8) Interest Periods in effect at any one time with respect to all the Loans and no more than four (4) Interest Periods in effect at any one time with respect to the Term B Loanstime.

Determination of Interest Period. By giving notice as set forth in SECTION Section 2.06(b), a Borrower shall have the option, subject to the other provisions of this SECTION Section 2.07, to specify whether the Interest Period for such LIBOR Loan shall be a one, two, three or six month period. The determination of Interest Periods shall be subject to the following provisions: (i) In the case of immediately successive Interest Periods, each successive Interest Period shall commence on the day on which the preceding Interest Period expires. (ii) If any Interest Period would otherwise expire on a day which is not a Business Day, the Interest Period shall be extended to expire on the next succeeding Business Day; PROVIDEDprovided, HOWEVERhowever, that if the next succeeding Business Day occurs in the following calendar month, then such Interest Period shall expire on the immediately preceding Business Day. (iii) A Borrower may not select an Interest Period for any LIBOR Loan, which Interest Period expires later than the maturity date of such Loan. (iv) A Borrower may not select an Interest Period with respect to any portion of such Borrower's Term Loans which extends beyond an installment payment date for such Term Loans unless, after giving effect to such selection, the portion of such Term Loans not subject to Interest Periods ending after such installment payment date is equal to or greater than the principal due on such installment payment date. (v) A Borrower may not select an Interest Period with respect to any portion of such Borrower's Revolving Loans which extends beyond any date on which the Revolving Loan Commitment Amounts are scheduled to be reduced unless, after giving effect to such selection, the portion of the Revolving Loans not subject to Interest Periods ending after any such date is equal to or greater than any amount of the Revolving Loans required to be prepaid as a result of any such reduction. (vi) There shall be no more than eight (8) Interest Periods in effect at any one time with respect to all the Loans and no more than four (4) Interest Periods in effect at any one time with respect to the Term B Loanstime.

Determination of Interest Period. By giving notice as set forth in SECTION 2.06(b)a Notice of Borrowing pursuant to Section 2.3.4, a the Borrower shall have the option, subject to the other provisions of this SECTION 2.07Section 2.16.1, to specify whether the Interest Period for such LIBOR Loan commencing on the date specified therein shall be a one, two, three or six month period. The determination of Interest Periods shall be subject to the following provisions; provided that: (ia) In in the case of immediately successive Interest Periods, each successive Interest Period shall commence on the day on which the next preceding Interest Period expires.; (iib) If if any Interest Period otherwise would otherwise expire on a day which that is not a Business Day, the that Interest Period shall be extended to expire on the next succeeding Business Day; PROVIDEDprovided, HOWEVERhowever, that if any such Interest Period would otherwise expire on a day that is not a Business Day but is a day of the next succeeding month after which no further Business Day occurs in the following calendar that month, then such that Interest Period shall expire on the immediately preceding Business Day.; (iiic) A Borrower may not select an any Interest Period that begins on the last Business Day of a calendar month (or on a day for any LIBOR Loan, which Interest Period expires later than there is no numerically corresponding day in the maturity date calendar month at the end of such Loan.Interest Period) shall, subject to paragraphs (d), (e) and (f) below, end on the last Business Day of a calendar month; (ivd) A Borrower may not select an Interest Period with respect to any portion Loan that is the subject of a Specified Hedge Agreement, (1) no Interest Period may be chosen that would extend beyond any date on which principal is scheduled to be paid in respect of such Borrower's Term Loans Loan, (2) to the extent that such Loan is intended to be a Eurodollar Loan following the date of such scheduled principal payment, Interest Periods shall be selected such that the date of such scheduled principal payment shall coincide with the expiration of an Interest Period, and (3) a single initial Interest Period may be chosen that will not be a period of precisely one, two, three or six months (as applicable) but will end on a date that will accommodate the foregoing with respect to successive Interest Periods; (e) no Interest Period may be chosen that would extend beyond the date of any scheduled reduction of the Commitments or any date on which extends beyond an installment payment date for such Term principal is scheduled to be paid in respect of the Loans unless, after giving effect to such selectionEurodollar Loan, the portion aggregate principal amount of Loans that are Base Rate Loans or that have Interest Periods that will expire on or before such date equals or exceeds the amount of any prepayment of Loans required in connection with such scheduled reduction of the Commitments or the amount of such Term Loans not subject to Interest Periods ending after such installment payment date is equal to or greater than scheduled principal payment, as the principal due on such installment payment date.case may be; (vf) A Borrower may not select no Interest Period shall extend beyond the Maturity Date; (g) if a Notice of Borrowing for Eurodollar Loans fails to specify an Interest Period with respect to any portion of such Borrower's Revolving Loans which extends beyond any date on which the Revolving Loan Commitment Amounts are scheduled to be reduced unless, after giving effect to such selectionPeriod, the portion of the Revolving Loans not subject Borrower shall be deemed to have selected a one-month Interest Periods ending after any Period for such date is equal to or greater than any amount of the Revolving Loans required to be prepaid as a result of any such reduction.Eurodollar Loans; and (vih) There there shall not be no more than eight five (8) Interest Periods in effect at any one time with respect to all the Loans and no more than four (45) Interest Periods in effect at any one time with respect to the Term B LoansLoans at any time.

Determination of Interest Period. By giving notice as set forth in SECTION 2.06(b)subsection 2.8 with respect to a LIBOR Rate Advance or with respect to a conversion into or continuation of a LIBOR Rate Advance, a Borrower shall have the optionshall, subject to the other provisions of this SECTION 2.07Section 2, to specify whether the applicable Interest Period for such LIBOR Loan shall be a one, two, three or six month periodPeriod. The determination of the Interest Periods Period shall be subject to the following provisions: (i) In the case of immediately successive Interest Periods, each successive initial Interest Period for any LIBOR Rate Advance shall commence on the date of such LIBOR Rate Advance which shall be a Business Day and each Interest Period (if any) occurring thereafter for such LIBOR Rate Advance shall commence on the day on which the next preceding Interest Period for such LIBOR Rate Advance expires.; (ii) If any Interest Period would otherwise expire on a day which is not a Business Day, the Interest Period shall be extended to expire on the next succeeding Business Day; PROVIDED, HOWEVER, that if the next succeeding Business Day occurs in the following calendar month, then such Interest Period shall expire on the immediately preceding Business Day. (iii) A Borrower may not select an Interest Period for any LIBOR Loan, which Interest Period expires later than the maturity date of such Loan. (iv) A Borrower may not select an Interest Period with respect to any portion of such Borrower's Term Loans which extends beyond an installment payment date for such Term Loans unless, after giving effect to such selection, the portion of such Term Loans not subject to Interest Periods ending after such installment payment date is equal to or greater than the principal due on such installment payment date. (v) A Borrower may not select an Interest Period with respect to any portion of such Borrower's Revolving Loans which extends beyond any date on which the Revolving Loan Commitment Amounts are scheduled to be reduced unless, after giving effect to such selection, the portion of the Revolving Loans not subject to Interest Periods ending after any such date is equal to or greater than any amount of the Revolving Loans required to be prepaid as a result of any such reduction. (vi) There there shall be no more than eight five (8) Interest Periods in effect at any one time with respect to all the Loans and no more than four (45) Interest Periods in effect at any one time with respect to the Revolving Loan and the Term B LoansLoan at any one time; and (iii) no Interest Period may be selected which expires more than ninety (90) days after the Termination Date. Notwithstanding the obligation of Borrower to send written confirmation of any notice given pursuant to subsection 2.8 of this Agreement made by telephone, in the event that Lender agrees to accept such notice made by telephone, such notice shall be binding on Borrower whether or not written confirmation is sent by Borrower or requested by Lender. Lender may act prior to the receipt of any requested written confirmation, without any liability whatsoever, based upon telephonic notice believed by Lender in good faith to be from Borrower or its Authorized Officer. Lender’s records of the terms of any telephonic notices given pursuant to subsection 2.8 of this Agreement shall be conclusive on Borrower in the absence of gross negligence or willful misconduct on the part of Lender in connection therewith.