Common use of Fixed Rate Price Adjustment Clause in Contracts

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower will pay Lender (in addition to all other actual sums then owing to Lender) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (a) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Rate set on the Fixed Rate Commencement Date, less (b) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s agreement to make the loan evidenced by this Note at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093

Fixed Rate Price Adjustment. Borrower acknowledges Borrowers acknowledge that prepayment or acceleration of a Fixed Rate Portion any principal amounts evidenced by this Note during a Fixed Rate Period shall result in Lender’s 's incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, except for the payment to be made on the Maturity Date (unless the payment to be made on said date is the result of an acceleration of the amounts owing hereunder), on the date a Fixed Rate Portion is amounts are prepaid or and on the date (if any) all sums payable hereunder become due and payable, payable by reason of acceleration or otherwise (“"Price Adjustment Date”"), Borrower Borrowers will pay Lender (in addition to all other actual sums then owing to Lender) an amount (“"Fixed Rate Price Adjustment”") equal to the then present value of (a) the amount of interest that would have accrued on the Fixed Rate Portion amounts paid for the remainder of the applicable Fixed Rate Period at the One-Month LIBO Rate set on the applicable Fixed Rate Commencement DateRate, less (b) the amount of interest that would accrue on the same Fixed Rate Portion for the same period amounts paid if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at (and for a Fixed Rate Period equal to the Applicable LIBO remainder of the applicable Fixed Rate in effect on the Price Adjustment DatePeriod). The present value shall be calculated by using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. Notwithstanding the terms and provisions of this section, this section shall not constitute the consent of Lender for Borrowers to make any prepayments of any amounts evidenced by this Note, to the extent said prepayments are otherwise prohibited (or subject to limitations or conditions) under the terms of any of the Loan Documents. Loan No. 1285TZL By initialing this provision where indicated below, Borrower confirms Xxxxxxxxx confirm that Lender’s Xxxxxx's agreement to make the loan Loan evidenced by this Note at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by BorrowerBorrowers, for this agreement. EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093.

Fixed Rate Price Adjustment. Borrower acknowledges Borrowers acknowledge that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s Lenders incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“"Price Adjustment Date”"), Borrower Borrowers will pay Administrative Agent, for the account of each Lender (in addition to all other actual sums then owing to LenderLenders) an amount (“"Fixed Rate Price Adjustment”") equal to the then present value of (ai) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by the Administrative Agent, for the benefit of the Lenders, using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms Borrowers confirm that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by BorrowerBorrowers, for this agreementagreement Borrower Initials. EXHIBIT A /s/ CJS Borrower Initials. /s/ CJS Borrower Initials. /s/ CJS Borrower Initials. /s/ CJS Borrower Initials. /s/ CJS Borrower Initials. /s/ CJS Borrower Initials. /s/ CJS Borrower Initials. /s/ CJS (i) Purchase, Sale and Matching of Amended Funds. Borrowers understand, agree and Restated Promissory Note Loan Noacknowledge the following: (a) Lenders have no obligation to purchase, sell and/or match funds in connection with the use of a LIBO Rate as a basis for calculating a Fixed Rate or Fixed Rate Price Adjustment; (b) a LIBO Rate is used merely as a reference in determining a Fixed Rate and Fixed Rate Price Adjustment; and (c) Borrowers have accepted a LIBO Rate as a reasonable and fair basis for calculating a Fixed Rate and a Fixed Rate Price Adjustment. 105093Borrowers further agree to pay the Fixed Rate Price Adjustment, Fixed Rate Taxes and Regulatory Costs, if any, whether or not any Lender elects to purchase, sell and/or match funds.

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s 's incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“"Price Adjustment Date”"), Borrower will pay Lender (in addition to all other actual sums then owing to Lender) an amount (“"Fixed Rate Price Adjustment”") equal to the then present value of (a) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (b) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s 's agreement to make the loan evidenced xxxxxxxed by this Note at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093BORROWER'S INITIALS: ------------

Fixed Rate Price Adjustment. Borrower acknowledges Borrowers acknowledge that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s Lenders incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower Borrowers will pay Administrative Agent, for the account of each Lender (in addition to all other actual sums then owing to LenderLenders) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (ai) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by the Administrative Agent, for the benefit of the Lenders, using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms Borrowers confirm that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by BorrowerBorrowers, for this agreementagreement Borrower Initials. EXHIBIT A of Amended and Restated Promissory Note Loan NoBorrower Initials. 105093Borrower Initials. Borrower Initials. Borrower Initials. Borrower Initials. Borrower Initials. Borrower Initials.

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance during a Fixed Rate an Interest Period shall result in Lender’s the Lenders incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. (For all purposes of this subparagraph (iii), any Advance not being made as a LIBOR Advance, Fixed Rate Bid Advance or Absolute Rate Bid Advance in accordance with the Notice of Borrowing therefor, as a result of Borrower’s cancellation thereof, shall be treated as if such LIBOR Advance, Fixed Rate Bid Advance or Absolute Rate Bid Advance had been prepaid.) Therefore, on the date a LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower will shall pay to Administrative Agent, for the account of each Lender (or the applicable Lender in the case of a Fixed Rate Bid Advance or Absolute Rate Bid Advance), in addition to all other actual sums then owing to Lender) owing, an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (aA) the amount of interest that would have accrued on the LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance for the remainder of the Fixed Rate Interest Period at the One-Month LIBO Rate set on the rate applicable to such LIBOR Advance, Fixed Rate Commencement DateBid Advance or Absolute Rate Bid Advance, less (bB) the amount of interest that would accrue on the same LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance for the same period if the One-Month LIBO LIBOR Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO LIBOR Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s Lenders’ agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. EXHIBIT A BORROWER’S INITIALS: /s/ RSD Within seven (7) days after Borrower’s receipt of Amended written notice from Administrative Agent, Borrower shall immediately pay to Administrative Agent, for the account of the Lenders, the Fixed Rate Price Adjustment as calculated by Administrative Agent. Such written notice (which shall include calculations in reasonable detail) shall, in the absence of manifest error, be conclusive and Restated Promissory Note Loan No. 105093binding on the parties hereto.

Fixed Rate Price Adjustment. The Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion Advance (including pursuant to Sections 2.8.2., 2.11., 2.12., 2.13. and 8.2.) during a Fixed Rate Period shall will result in Lender’s the Lender Party holding such Fixed Rate Advance incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder Obligations become due and payable, by acceleration or otherwise (“a "Price Adjustment Date”"), the Borrower will pay each Lender Party (in addition to all other actual sums then owing to Lendersuch Lender Party) an amount (“the "Fixed Rate Price Adjustment”") equal to (i) the then present value value, calculated by using as a discount rate, the LIBO Rate quoted on the Price Adjustment Date, of (a) the amount of interest that would have accrued on the Fixed Rate Portion then outstanding to such Lender Party for the remainder of the Fixed Rate Period at the One-Month LIBO Rate Fixed Rate, set on the related Fixed Rate Commencement Date, Date less (bii) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at as the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, the Borrower confirms that Lender’s each Lender Party's agreement to make the loan Advances evidenced by this Note Agreement at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by the Borrower, for this agreement. EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093Agreement.

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance during a Fixed Rate an Interest Period shall result in Lender’s the Lenders incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. (For all purposes of this subparagraph (iii), any Advance not being made as a LIBOR Advance, Fixed Rate Bid Advance or Absolute Rate Bid Advance in accordance with the Notice of Borrowing therefor, as a result of Borrower's cancellation thereof, shall be treated as if such LIBOR Advance, Fixed Rate Bid Advance or Absolute Rate Bid Advance had been prepaid.) Therefore, on the date a LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“"Price Adjustment Date”"), Borrower will shall pay to Administrative Agent, for the account of each Lender (or the applicable Lender in the case of a Fixed Rate Bid Advance or Absolute Rate Bid Advance), in addition to all other actual sums then owing to Lender) owing, an amount (“"Fixed Rate Price Adjustment”") equal to the then present value of (aA) the amount of interest that would have accrued on the LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance for the remainder of the Fixed Rate Interest Period at the One-Month LIBO Rate set on the rate applicable to such LIBOR Advance, Fixed Rate Commencement DateBid Advance or Absolute Rate Bid Advance, less (bB) the amount of interest that would accrue on the same LIBOR Advance, Fixed Rate Portion Bid Advance or Absolute Rate Bid Advance for the same period if the One-Month LIBO LIBOR Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO LIBOR Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s Lenders' agreement to make the loan evidenced by this Note Loan at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093.

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s 's incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“"Price Adjustment Date”"), Borrower will pay Lender (in addition to all other actual sums then owing to Lender) an amount (“"Fixed Rate Price Adjustment”") equal to the then present value of (a) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Fixed Rate set on the Fixed Rate Commencement Date, less (b) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Fixed Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower Xxxxxxxx confirms that Lender’s Xxxxxx's agreement to make the loan evidenced by this Note at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093XXXXXXXX'S INITIALS: ____________

Fixed Rate Price Adjustment. Borrower acknowledges that prepayment or acceleration of a Fixed Rate Portion during a Fixed Rate Period shall result in Lender’s incurring additional actual costs, expenses and/or liabilities and that it is extremely difficult and impractical to ascertain the extent of such costs, expenses and/or liabilities. Therefore, on the date a Fixed Rate Portion is prepaid or the date all sums payable hereunder become due and payable, by acceleration or otherwise (“Price Adjustment Date”), Borrower will pay Lender (in addition to all other actual sums then owing to Lender) an amount (“Fixed Rate Price Adjustment”) equal to the then present value of (a) the amount of interest that would have accrued on the Fixed Rate Portion for the remainder of the Fixed Rate Period at the One-Month LIBO Rate set on the Fixed Rate Commencement Date, less (b) the amount of interest that would accrue on the same Fixed Rate Portion for the same period if the One-Month LIBO Rate were set on the Price Adjustment Date at the Applicable LIBO Rate in effect on the Price Adjustment Date. The present value shall be calculated by using as a discount rate the LIBO Rate quoted on the Price Adjustment Date. By initialing this provision where indicated below, Borrower confirms that Lender’s agreement to make the loan evidenced by this Note at the interest rates and on the other terms set forth herein and in the other Loan Documents constitutes adequate and valuable consideration, given individual weight by Borrower, for this agreement. EXHIBIT A of Amended and Restated Promissory Note Loan No. 105093.