Common use of General Interest Provisions Clause in Contracts

General Interest Provisions. The following provisions shall apply in respect of interest payable under this Agreement: (a) in the event of any dispute, disagreement or adjudication involving or pertaining to the determination of Prime Rate, Base Rate or Libor in effect at any time, the certificate of the Administration Agent as to such rate shall be accepted, in the absence of manifest error, as prima facie evidence thereof for all purposes of this Agreement; (b) each determination by the Administration Agent of the amount of interest, stamping fees or other amounts due from the Borrowers hereunder shall, in the absence of manifest error, be prima facie evidence of the accuracy of such determination; (c) all interest and other amounts payable shall accrue daily, be computed as described herein, and be payable both before and after demand, maturity, default and judgment; (d) to the maximum extent permitted by law, the covenant of the Borrowers to pay interest at rates provided herein shall not merge in any judgment relating to any obligation of the Borrowers to the Lenders or the Administration Agent; (e) in no event shall any interest, fees or other amounts payable hereunder exceed the maximum permitted by law; in the event any such interest or fee exceeds such maximum rate, such interest or fee shall be reduced to the maximum rate recoverable under law and the Lenders and the Borrowers shall be deemed to have agreed to such amount by contract; (f) for the purposes of the Interest Act (Canada): (i) the annual rate of interest which is equivalent to the interest rate determined by reference to Libor shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 360; (ii) unless otherwise stated, the rates of interest specified in this Agreement are to be calculated on the basis of a year of 365 days and the annual rate of interest which is equivalent to the interest rate determined by reference to such 365 day period hereunder shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 365; (iii) the principle of deemed reinvestment of interest shall not apply to any interest calculation under this Agreement; and (iv) the rates of interest specified in this Agreement are intended to be nominal rates and not effective rates.

General Interest Provisions. The following provisions shall apply in respect of interest payable under this Agreementhereunder: (a) in the event of any dispute, disagreement or adjudication involving or pertaining to the determination of the Prime Rate, Base Rate, BA Stamping Fee Rate or Libor LIBO Rate in effect at any time, the certificate of the Administration Administrative Agent as to such rate shall be accepted, in the absence of manifest error, as prima facie evidence thereof for all purposes of this Agreement; (b) each determination by the Administration Administrative Agent of the amount of interest, stamping fees BA Stamping Fees, LCG Fees, 364 Day Commitment Fees or other amounts due from the Borrowers Borrower hereunder shall, in the absence of manifest errorerror or other error of which the Borrower shall give notice to the Administrative Agent within a period of 60 days from the date of entry of the relevant information, be prima facie evidence of the accuracy of such determination; (c) all interest and other amounts payable shall accrue daily, be computed as described herein, and be payable both before and after demand, maturity, default and and, subject to Section 4.6(d), judgment; (d) to the maximum extent permitted by law, the covenant of the Borrowers Borrower to pay interest at rates provided herein shall not merge in any judgment relating to any obligation of the Borrowers Borrower to the Lenders or the Administration Administrative Agent; (e) in no event shall any interest, fees or other amounts payable hereunder exceed the maximum permitted by law; in . In the event any such interest or fee exceeds such maximum rate, such interest or fee shall be reduced to the maximum rate recoverable under law and the Lenders and the Borrowers Borrower shall be deemed to have agreed to such amount rate by contract; (f) for the purposes of the Interest Act (Canada): (i) the annual rate of interest which is equivalent to the interest rate determined by reference to Libor the LIBO Rate hereunder shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 360; (ii) unless otherwise stated, the rates of interest specified in this Agreement are to be calculated on the basis of a year of 365 days and the annual rate of interest which is equivalent to the interest rate determined by reference to such 365 day period hereunder shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 365; (iii) the principle of deemed reinvestment of interest shall not apply to any interest calculation under this Agreement; and (iv) the rates of interest specified in this Agreement are intended to be nominal rates and not effective rates.

General Interest Provisions. The following provisions shall apply in respect of interest payable under this Agreement: (a) in In the event of any dispute, disagreement or adjudication involving or pertaining to the determination of the Prime Rate, Base USBR, LIBOR or CDOR Rate or Libor in effect at any time, the certificate of the Administration Agent as to such rate shall be accepted, in the absence of manifest error, accepted as prima facie evidence thereof for all purposes of this Agreement;. (b) each Each determination by the Administration Agent of the amount of interest, stamping fees or other amounts due from the Borrowers Borrower hereunder shall, in the absence of manifest error, shall be prima facie evidence of the accuracy of such determination;. (c) all interest All interest, fees and other amounts payable by the Borrower hereunder shall accrue daily, be computed as described herein, and be payable both before and after demand, maturity, default and judgment;. (d) to To the maximum extent permitted by law, (i) the covenant of the Borrowers Borrower to pay interest at the rates provided herein shall not merge in any judgment relating to any obligation of the Borrowers Borrower to the Lenders or and (ii) the Administration Agent;provisions of the Judgment Interest Act (Alberta) shall not apply to the Loan Documents and are hereby expressly waived by the Borrower. (e) Notwithstanding any provision herein to the contrary, in no event shall any the aggregate “interest, fees or other amounts ” (as defined in Section 347 of the Criminal Code (Canada)) payable hereunder under the Loan Documents exceed the maximum effective annual rate of interest on the “credit advanced” (as defined in that section) permitted by law; under that section and, if any payment, collection or demand pursuant to this Agreement in respect of “interest” (as defined in that section) is determined to be contrary to the event any such interest or fee exceeds such maximum rateprovisions of that section, such interest payment, collection or fee demand shall be reduced deemed to have been made by mutual mistake of the maximum rate recoverable under law Borrower and the Lenders and the Borrowers amount of such payment or collection shall be deemed refunded to have agreed to such amount by contract;the Borrower. (f) for For the purposes of the Interest Act (Canada): (i) the annual rate of interest which is equivalent to the interest rate determined by reference to Libor shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 360; (ii) unless otherwise stated, the rates of interest specified in this Agreement are to be calculated on the basis of a year of 365 days and the annual rate of interest which is equivalent to the interest rate determined by reference to such 365 day period for Advances hereunder shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 365360 (for all LIBOR Loans and any BA Issues in U.S. Dollars) and 365 (for all other Advances); (iiiii) the principle of deemed reinvestment of interest shall not apply to any interest calculation under this Agreement; and; (iviii) the rates of interest specified in this Agreement are intended to be nominal rates and not effective rates; and (iv) unless otherwise stated, the rates of interest specified in this Agreement are to be calculated on the basis of a calendar year of 365 days.

General Interest Provisions. The following provisions shall apply in respect of interest payable under this Agreement: (a) in Each determination by the event Agent of any dispute, disagreement or adjudication involving or pertaining to the determination of Prime Rate, Base USBR, Libor or CDOR Rate or Libor in effect at any time, the certificate of the Administration Agent as to such rate time shall be accepted, in the absence of manifest error, as prima facie evidence thereof for all purposes of this Agreement;. (b) each Each determination by the Administration Agent of the amount of interest, stamping fees or other amounts due from the Borrowers Borrower hereunder shall, in the absence of manifest error, shall be prima facie evidence of the accuracy of such determination;. (c) all interest All interest, fees and other amounts payable by the Borrower hereunder shall accrue daily, be computed as described herein, and be payable both before and after demand, maturity, default and judgment;. (d) to To the maximum extent permitted by lawApplicable Law, the covenant of the Borrowers Borrower to pay interest at the rates provided herein shall not merge in any judgment relating to any obligation of the Borrowers Borrower to the Lenders or the Administration Agent;Agent and any provision of the Interest Act (Canada) or Judgment Interest Act (Alberta) which restricts any rate of interest set forth herein shall be inapplicable to this Agreement and is hereby waived by the Borrower. (e) in no event No interest or fee to be paid hereunder shall any interest, fees or other amounts payable hereunder exceed be paid at a rate exceeding the maximum rate permitted by law; in Applicable Law. In the event any that such interest or fee exceeds such maximum rate, such interest or fee fees shall be reduced or refunded, as the case may be, so as to be payable at the maximum highest rate recoverable under law and the Lenders and the Borrowers shall be deemed to have agreed to such amount by contract;Applicable Law. (f) Whenever a rate of interest hereunder is calculated on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for the purposes of the Interest Act (Canada): (i) the annual by multiplying such rate of interest which is equivalent to by the interest rate determined by reference to Libor shall be the determined rate multiplied by a fraction, the numerator of which is the total actual number of days in such year and the denominator of which is 360; (ii) unless otherwise stated, the rates of interest specified in this Agreement are to be calculated on the basis of a calendar year of 365 days calculation and dividing it by the annual rate of interest which is equivalent to the interest rate determined by reference to such 365 day period hereunder shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 365;deemed year. (iiig) the The principle of deemed reinvestment of interest shall not apply to any interest calculation under this Agreement; and (iv) the all interest payments to be made hereunder shall be paid without allowance or deduction for deemed reinvestment or otherwise, before and after maturity, default and judgment. The rates of interest specified in this Agreement are intended to be nominal rates and not effective rates. Interest calculated hereunder shall be calculated using the nominal rate method and not the effective rate method of calculation.

General Interest Provisions. The following provisions shall apply in respect of interest payable under this Agreement: (a) in In the event of any dispute, disagreement or adjudication involving or pertaining to the determination of the Prime Rate, Base USBR, LIBOR, CDOR Rate or Libor Federal Funds Rate in effect at any time, the certificate of the Administration Agent as to such rate shall be accepted, in the absence of manifest error, accepted as prima facie evidence thereof for all purposes of this Agreement;. (b) each Each determination by the Administration Agent of the amount of interest, stamping fees or other amounts due from the Borrowers Borrower hereunder shall, in the absence of manifest error, shall be prima facie evidence of the accuracy of such determination;. (c) all interest All interest, fees and other amounts payable by the Borrower hereunder shall accrue daily, be computed as described herein, and be payable both before and after demand, maturity, default and judgment;. (d) to To the maximum extent permitted by law, the covenant of the Borrowers Borrower to pay interest at the rates provided herein shall not merge in any judgment relating to any obligation of the Borrowers Borrower to the Lenders or the Administration Agent;Lenders. (e) in In no event shall any interest, fees or other amounts payable hereunder exceed the maximum rate permitted by law; in the event . If any such interest or fee exceeds such maximum rate, such interest or fee shall be reduced to the maximum rate recoverable under law and assuming that the Lenders and the Borrowers shall be deemed to have parties had agreed to such amount by contract;. (f) for For the purposes of the Interest Act (Canada): (i) whenever a rate of interest or other rate per annum hereunder or under any other Loan Document is calculated on the basis of a year (a "deemed year") which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for the purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year; (ii) the annual rate of interest which is equivalent to the interest rate determined by reference to Libor LIBOR or the Federal Funds Rate hereunder shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 360; (iiiii) the principle of deemed reinvestment of interest shall not apply to any interest calculation under this Agreement; (iv) the rates of interest specified in this Agreement are intended to be nominal rates and not effective rates; (v) unless otherwise stated, the rates of interest specified in this Agreement are to be calculated on the basis of a calendar year of 365 days and the annual rate of interest which is equivalent to the interest rate determined by reference to such 365 day period hereunder shall be the determined rate multiplied by a fraction(or 366 days, the numerator of which is the total number of days in such year and the denominator of which is 365as applicable); (iiivi) the principle of deemed reinvestment of interest shall not apply to any interest calculation under this AgreementTHE BORROWER ACKNOWLEDGES AND CONFIRMS THAT: (A) THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ARTICLE 3 HEREOF AND THE CONSTITUENT DEFINITIONS HEREIN AND UNDER THE OTHER LOAN DOCUMENTS RELATING TO INTEREST AND OTHER AMOUNTS PAYABLE HEREUNDER AND THEREUNDER, SATISFIES THE REQUIREMENTS OF SECTION 4 OF THE INTEREST ACT (CANADA) TO THE EXTENT THAT SECTION 4 OF THE INTEREST ACT (CANADA) APPLIES TO THE EXPRESSION, STATEMENT OR CALCULATION OF ANY RATE OF INTEREST OR OTHER RATE PER ANNUM HEREUNDER OR UNDER ANY OTHER DOCUMENT; AND (B) THE BORROWER AND THE MATERIAL SUBSIDIARIES ARE EACH ABLE TO CALCULATE THE YEARLY RATE OR PERCENTAGE OF INTEREST PAYABLE UNDER ANY LOAN DOCUMENT BASED ON THE METHODOLOGY SET OUT HEREIN AND UNDER THE OTHER LOAN DOCUMENTS, INCLUDING, WITHOUT LIMITATION, ARTICLE 3 HEREOF AND THE CONSTITUENT DEFINITIONS HEREIN AND UNDER THE OTHER LOAN DOCUMENTS RELATING TO INTEREST AND OTHER AMOUNTS PAYABLE HEREUNDER AND THEREUNDER; and (ivvii) the rates of interest specified in this Agreement are intended to be nominal rates and not effective ratesTHE BORROWER HEREBY IRREVOCABLY AGREES NOT TO, AND AGREES TO CAUSE EACH OF THE MATERIAL SUBSIDIARIES NOT TO, PLEAD OR ASSERT, WHETHER BY WAY OF DEFENCE OR OTHERWISE, IN ANY PROCEEDING RELATING TO THE LOAN DOCUMENTS, THAT THE INTEREST PAYABLE UNDER THE LOAN DOCUMENTS AND THE CALCULATION THEREOF HAS NOT BEEN ADEQUATELY DISCLOSED TO THE BORROWER OR ANY MATERIAL SUBSIDIARY, WHETHER PURSUANT TO SECTION 4 OF THE INTEREST ACT (CANADA) OR ANY OTHER APPLICABLE LAW OR LEGAL PRINCIPLE.

General Interest Provisions. The following provisions shall apply in respect of interest payable under this Agreement: (a) in the event of any dispute, disagreement or adjudication involving or pertaining to the determination of Canadian Prime Rate, Base Rate U.S. Prime Rate, U.S. Libor or Sterling Libor in effect at any time, the certificate of the Administration Agent Lenders or any of them as to such rate shall be accepted, in the absence of manifest demonstrable error, as prima facie evidence thereof for all purposes of this Agreement; (b) each determination by the Administration Agent Lenders of the amount of interest, stamping fees Stamping Fees or other amounts due from the Borrowers hereunder shall, in the absence of manifest errordemonstrable error or other error of which the Borrowers shall give notice to the Lenders within a period of 60 days from the date of entry of the relevant information, be prima facie evidence of the accuracy of such determination; (c) all interest and other amounts payable shall accrue daily, be computed as described herein, and be payable both before and after demand, maturity, default and judgment; (d) to the maximum extent permitted by law, the covenant of the Borrowers to pay interest at rates provided herein shall not merge in any judgment relating to any obligation of the Borrowers to the Lenders or the Administration AgentLenders; (e) in no event shall any interest, fees or other amounts payable hereunder exceed the maximum permitted by law; in the event any such interest or fee exceeds such maximum rate, such interest or fee shall be reduced to the maximum rate recoverable under law and the Lenders and the Borrowers shall be deemed to have agreed to such amount by contract; (f) for the purposes of the Interest Act (Canada): (i) the annual rate of interest which is equivalent to the interest rate determined by reference to U.S. Libor or the U.S. Prime Rate shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 360; (ii) the annual rate of interest which is equivalent to the interest rate determined by reference to Sterling Libor shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 365; (iii) unless otherwise stated, the rates of interest specified in this Agreement are to be calculated on the basis of a year of 365 days and the annual rate of interest which is equivalent to the interest rate determined by reference to such 365 day period hereunder shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 365; (iiiiv) the principle of deemed reinvestment of interest shall not apply to any interest calculation under this Agreement; and (ivv) the rates of interest specified in this Agreement are intended to be nominal rates and not effective rates.

General Interest Provisions. The following provisions shall apply in respect of interest payable under this Agreement: (a) in the event of any dispute, disagreement or adjudication involving or pertaining to the determination of Canadian Prime Rate, U.S. Base Rate Rate, U.S. Prime Rate, U.S. Libor or Sterling Libor in effect at any time, the certificate of the Administration Agent Lenders or any of them as to such rate shall be accepted, in the absence of manifest demonstrable error, as prima facie PRIMA FACIE evidence thereof for all purposes of this Agreement; (b) each determination by the Administration Agent Lenders of the amount of interest, stamping fees Stamping Fees or other amounts due from the Borrowers hereunder shall, in the absence of manifest errordemonstrable error or other error of which the Borrowers shall give notice to the Lenders within a period of 60 days from the date of entry of the relevant information, be prima facie PRIMA FACIE evidence of the accuracy of such determination; (c) all interest and other amounts payable shall accrue daily, be computed as described herein, and be payable both before and after demand, maturity, default and judgment; (d) to the maximum extent permitted by law, the covenant of the Borrowers to pay interest at rates provided herein shall not merge in any judgment relating to any obligation of the Borrowers to the Lenders or the Administration AgentLenders; (e) in no event shall any interest, fees or other amounts payable hereunder exceed the maximum permitted by law; in the event any such interest or fee exceeds such maximum rate, such interest or fee shall be reduced to the maximum rate recoverable under law and the Lenders and the Borrowers shall be deemed to have agreed to such amount by contract; (f) for the purposes of the Interest Act INTEREST ACT (Canada): (i) the annual rate of interest which is equivalent to the interest rate determined by reference to U.S. Libor or the U.S. Prime Rate shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 360; (ii) the annual rate of interest which is equivalent to the interest rate determined by reference to Sterling Libor shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 365; (iii) unless otherwise stated, the rates of interest specified in this Agreement are to be calculated on the basis of a year of 365 days and the annual rate of interest which is equivalent to the interest rate determined by reference to such 365 day period hereunder shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 365; (iiiiv) the principle of deemed reinvestment of interest shall not apply to any interest calculation under this Agreement; and (ivv) the rates of interest specified in this Agreement are intended to be nominal rates and not effective rates.

General Interest Provisions. The parties agree that the following provisions shall apply in respect of interest payable under this Agreement: (a) in the event of any dispute, disagreement or adjudication involving or pertaining to the determination of Prime Rate, NY Prime Rate, US Base Rate Rate, CDOR Rate, Federal Funds Rate, Adjusted Term SOFR or Libor Adjusted Daily Simple SOFR in effect at any time, the certificate of the Administration Agent or the US Agent (as applicable) as to such rate shall be accepted, in the absence of manifest demonstrable error, as prima facie evidence thereof for all purposes of this Agreement; (b) each determination by the Administration Agent or the US Agent (as the case may be) of the amount of interest, stamping fees Stamping Fees, Standby Fees or other amounts due from the Borrowers a Borrower hereunder shall, in the absence of manifest demonstrable error, be prima facie evidence of the accuracy of such determination; (c) all interest and other amounts payable shall accrue daily, be computed as described herein, and be payable both before and after demand, maturity, default and judgment; (d) to the maximum extent permitted by law, the covenant of the Borrowers a Borrower to pay interest at rates provided herein shall not merge in any judgment relating to any obligation of the Borrowers such Borrower to the Lenders Lenders, the Agent or the Administration US Agent; (e) in no event shall any interest, fees or other amounts payable hereunder exceed the maximum permitted by law; in the event any such interest or fee exceeds such maximum rate, such interest or fee shall be reduced to the maximum rate recoverable under law and the Lenders and the Borrowers shall be deemed to have agreed to such amount by contract; (f) for the purposes of the Interest Act (Canada): (i) the annual rate of interest which is equivalent to the interest rate determined by reference to Libor Adjusted Term SOFR or Adjusted Daily Simple SOFR shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 360; (ii) unless otherwise stated, the rates of interest or Standby Fees specified in this Agreement are to be calculated on the basis of a year of 365 days and the annual rate of interest or Standby Fee which is equivalent to the interest rate or fee determined by reference to such 365 day period hereunder shall be the determined rate or fee multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 365; (iii) the principle of deemed reinvestment of interest shall not apply to any interest calculation under this Agreement; and (iv) the rates of interest specified in this Agreement are intended to be nominal rates and not effective rates.

General Interest Provisions. The following It is the intention of the Company and the holders of the Notes to conform strictly to the Applicable Interest Law. Accordingly, it is agreed that, notwithstanding any provisions to the contrary in this Agreement or in the Notes, the aggregate of all interest, and any other charges or consideration constituting interest under the Applicable Interest Law that is taken, reserved, contracted for, charged or received pursuant to this Agreement or the Notes shall apply in respect under no circumstances exceed the maximum amount of interest payable allowed by the Applicable Interest Law. If any such excess interest is ever charged, received or collected on account of or relating to this Agreement and the Notes (including any charge or amount which is not denominated as "interest" but is legally deemed to be interest under this AgreementApplicable Interest Law), then in such event: (a) in the event of any dispute, disagreement or adjudication involving or pertaining to the determination of Prime Rate, Base Rate or Libor in effect at any time, the certificate of the Administration Agent as to such rate shall be accepted, in the absence of manifest error, as prima facie evidence thereof for all purposes provisions of this AgreementSection 22.7 shall govern and control; (b) each determination by the Administration Agent of Company shall not be obligated to pay the amount of interest, stamping fees or other amounts due from such interest to the Borrowers hereunder shall, extent that it is in the absence of manifest error, be prima facie evidence excess of the accuracy maximum amount of such determinationinterest allowed by the Applicable Interest Law; (c) all interest any excess shall be deemed a mistake and other amounts payable cancelled automatically and, if theretofore paid, shall accrue daily, be computed as described hereincredited to the principal amount of the Notes by the holders thereof, and if the principal balance of the Notes is paid in full, any remaining excess shall be payable both before and after demand, maturity, default and judgment;forthwith paid to the Issuer; and (d) the effective rate of interest shall be automatically subject to reduction to the maximum Maximum Legal Rate of Interest. If at any time thereafter, the Maximum Legal Rate of Interest is increased then, to the extent that it shall be permissible under the Applicable Interest Law, the Company shall forthwith pay to the holders of the Notes, on a pro rata basis, all amounts of such excess interest that the holders of the Notes would have been entitled to receive pursuant to the terms of this Agreement and the Notes had such increased Maximum Legal Rate of Interest been in effect at all times when such excess interest accrued. To the extent permitted by lawthe Applicable Interest Law, all sums paid or agreed to be paid to the covenant holders of the Borrowers to pay interest at rates provided herein shall not merge in any judgment relating to any obligation Notes for the use, forbearance or detention of the Borrowers to the Lenders or the Administration Agent; (e) in no event shall any interest, fees or other amounts payable hereunder exceed the maximum permitted by law; in the event any such interest or fee exceeds such maximum rate, such interest or fee indebtedness evidenced thereby shall be reduced to amortized, prorated, allocated and spread throughout the maximum rate recoverable under law and the Lenders and the Borrowers shall be deemed to have agreed to such amount by contract; (f) for the purposes full term of the Interest Act (Canada): (i) the annual rate of interest which is equivalent to the interest rate determined by reference to Libor shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 360; (ii) unless otherwise stated, the rates of interest specified in this Agreement are to be calculated on the basis of a year of 365 days and the annual rate of interest which is equivalent to the interest rate determined by reference to such 365 day period hereunder shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 365; (iii) the principle of deemed reinvestment of interest shall not apply to any interest calculation under this Agreement; and (iv) the rates of interest specified in this Agreement are intended to be nominal rates and not effective ratesNotes.

General Interest Provisions. The parties agree that the following provisions shall apply in respect of interest payable under this Agreement: (a) in the event of any dispute, disagreement or adjudication involving or pertaining to the determination of Prime Rate, NY Prime Rate, Base Rate or Libor LIBOR in effect at any time, the certificate of the Administration Agent or the US Agent (as applicable) as to such rate shall be accepted, in the absence of manifest demonstrable error, as prima facie evidence thereof for all purposes of this Agreement; (b) each determination by the Administration Agent or the US Agent (as the case may be) of the amount of interest, stamping fees Stamping Fees, Standby Fees or other amounts due from the Borrowers a Borrower hereunder shall, in the absence of manifest demonstrable error, be prima facie evidence of the accuracy of such determination; (c) all interest and other amounts payable shall accrue daily, be computed as described herein, and be payable both before and after demand, maturity, default and judgment; (d) to the maximum extent permitted by law, the covenant of the Borrowers a Borrower to pay interest at rates provided herein shall not merge in any judgment relating to any obligation of the Borrowers such Borrower to the Lenders Lenders, the Agent or the Administration US Agent; (e) in no event shall any interest, fees or other amounts payable hereunder exceed the maximum permitted by law; in the event any such interest or fee exceeds such maximum rate, such interest or fee shall be reduced to the maximum rate recoverable under law and the Lenders and the Borrowers shall be deemed to have agreed to such amount by contract; (f) for the purposes of the Interest Act (Canada): (i) the annual rate of interest which is equivalent to the interest rate determined by reference to Libor LIBOR shall be the determined rate multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 360; (ii) unless otherwise stated, the rates of interest or Standby Fees specified in this Agreement are to be calculated on the basis of a year of 365 days and the annual rate of interest or Standby Fee which is equivalent to the interest rate or fee determined by reference to such 365 day period hereunder shall be the determined rate or fee multiplied by a fraction, the numerator of which is the total number of days in such year and the denominator of which is 365; (iii) the principle of deemed reinvestment of interest shall not apply to any interest calculation under this Agreement; and (iv) the rates of interest specified in this Agreement are intended to be nominal rates and not effective rates.

General Interest Provisions. The following provisions shall apply in respect of interest payable under this Agreement: (a) in the event of any dispute, disagreement or adjudication involving or pertaining to the determination of Prime Rate, Base Rate or Libor in effect at any time, the certificate of the Administration Agent as to such rate shall be accepted, in the absence of manifest error, as prima facie evidence thereof for all purposes of this Agreement; (b) each determination by the Administration Agent of the amount of interest, stamping fees or other amounts due from the Borrowers hereunder shall, in the absence of manifest error, be prima facie evidence of the accuracy of such determination; (c) all interest and other amounts payable shall accrue daily, be computed as described herein, and be payable both before and after demand, maturity, default and judgment; (d) to the maximum extent permitted by law, the covenant of the Borrowers to pay interest at rates provided herein shall not merge in any judgment relating to any obligation of the Borrowers to the Lenders or the Administration Agent; (e) in no event shall any interest, fees or other amounts payable hereunder exceed the maximum permitted by law; in the event any such interest or fee exceeds such maximum rate, such interest or fee shall be reduced to the maximum rate recoverable under law and the Lenders and the Borrowers shall be deemed to have agreed to such amount by contract; (f) for the purposes of the Interest Act (Canada): (i) The Borrower shall pay interest on the annual unpaid principal amount of each Loan for each day from the day such Loan is made until such Loan is due (whether at maturity, by reason of acceleration or otherwise) at a rate of interest which is equivalent per annum equal to the interest rate determined Eurodollar Rate Basis or the Prime Rate Basis, as elected by reference to Libor shall be the determined rate multiplied by a fractionBorrower in accordance with the provisions set forth herein, payable monthly in arrears on the numerator first day of which is the total number of days in such year and the denominator of which is 360;each calendar month commencing April 1, 1998. (ii) unless otherwise statedFrom and after the occurrence of an Event of Default, the rates unpaid principal amount of each Secured Obligation shall, at the election of the Agent (given in its discretion or at the direction of the Required Lenders), bear interest specified until paid in full (or, if earlier, until such Event of Default is cured or waived in writing by the Lenders) at a rate per annum equal to the Default Margin plus the Prime Rate Basis, payable on demand. The interest rate provided for in this Agreement are SECTION 4.1(D)(II) shall to the extent permitted by applicable law apply to and accrue on the amount of any judgment entered with respect to any Secured Obligation and shall continue to accrue at such rate during any proceeding described in SECTION 12.1(G) or (H). (iii) The interest rates provided for in this SECTION 4.1 shall be calculated computed on the basis of a year of 365 360 days and the annual rate of interest which is equivalent to the interest rate determined by reference to such 365 day period hereunder shall be the determined rate multiplied by a fraction, the numerator of which is the total actual number of days in such year and the denominator of which is 365; (iii) the principle of deemed reinvestment of interest shall not apply to any interest calculation under this Agreement; andelapsed. (iv) It is not intended by the rates of interest specified Agent or the Lenders, and nothing contained in this Agreement are intended or any Note shall be deemed, to establish or require the payment of a rate of interest in excess of the maximum rate permitted by applicable law (the "Maximum Rate"). If, in any month, the Effective Interest Rate, absent such limitation, would have exceeded the Maximum Rate, then the Effective Interest Rate for that month shall be nominal rates the Maximum Rate, and if, in future months, the Effective Interest Rate would otherwise be less than the Maximum Rate, then the Effective Interest Rate shall remain at the Maximum Rate until such time as the amount of interest paid hereunder equals the amount of interest which would have been paid if the same had not effective ratesbeen limited by the Maximum Rate. In this connection, in the event that, upon payment in full of the Secured Obligations, the total amount of interest paid or accrued under the terms of this Agreement is less than the total amount of interest which would have been paid or accrued if the Effective Interest Rate had at all times been in effect, then the Borrower shall, to the extent permitted by applicable law, pay to the Agent, for the account of the Lenders, an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been charged if the Maximum Rate had, at all times, been in effect and (B) the amount of interest which would have accrued had the Effective Interest Rate, at all times, been in effect, and (ii) the amount of interest actually paid or accrued under this Agreement. In the event the Agent or the Lenders receive, collect or apply as interest any sum in excess of the Maximum Rate, such excess amount shall be applied to the reduction of the principal balance of the applicable Secured Obligation, and, if no such principal is then outstanding, such excess or part thereof remaining shall be paid to the Borrower.