Common use of Increase in Interest Rate Clause in Contracts

Increase in Interest Rate. In the event that (i) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is filed with the SEC on or prior to the 150th day after the Closing Date, (ii) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is declared effective on or prior to the 210th day after the Closing Date or (iii) neither the Exchange Offer has been consummated nor a Shelf Registration Statement declared effective on or prior to the 240th day after the Closing Date, the interest rate borne by the Initial Securities shall be increased by 0.25% per annum following such 150-day period in the case of clause (i) above, such 210-day period in the case of clause (ii) above, or such 240-day period in the case of clause (iii) above; provided that the aggregate increase in such interest rate will in no event exceed 0.25% per annum. Upon (x) the filing of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 150-day period described in clause (i) above, (y) the effectiveness of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 210-day period described in clause (ii) above or (z) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 240-day period described in clause (iii) above, the interest rate borne by the Initial Securities from the date of such filing, effectiveness or consummation, as the case may be, will be reduced to the original interest rate.

Increase in Interest Rate. In the event that (i) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is filed with the SEC on or prior to the 150th 120th day after the Closing Date, (ii) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is declared effective on or prior to the 210th 180th day after the Closing Date or (iii) neither the Exchange Offer has been consummated nor a Shelf Registration Statement declared effective on or prior to the 240th 210th day after the Closing Date, the interest rate borne by the Initial Securities shall be increased by 0.25% per annum following such 150120-day period in the case of clause (i) above, such 210180-day period in the case of clause (ii) above, or such 240210-day period in the case of clause (iii) above; provided that the aggregate increase in such interest rate will in no event exceed 0.25% per annum. Upon (x) the filing of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 150120-day period described in clause (i) above, (y) the effectiveness of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 210180-day period described in clause (ii) above or (z) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 240210-day period described in clause (iii) above, the interest rate borne by the Initial Securities from the date of such filing, effectiveness or consummation, as the case may be, will be reduced to the original interest rate.

Increase in Interest Rate. In the event that (i) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is filed with the SEC Commission on or prior to the 150th 120th day after the Closing Date, (ii) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is declared effective on or prior to the 210th 180th day after the Closing Date or (iii) neither the Exchange Offer has been consummated nor a Shelf Registration Statement declared effective on or prior to the 240th 210th day after the Closing Date, the interest rate borne by the Initial Securities shall be increased by 0.25% per annum following such 150120-day period in the case of clause (i) above, such 210180-day period in the case of clause (ii) above, or such 240210-day period in the case of clause (iii) above; provided that the aggregate increase in such interest rate will in no event exceed 0.25% per annum. Upon (x) the filing of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 150120-day period described in clause (i) above, (y) the effectiveness of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 210180-day period described in clause (ii) above or (z) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 240210-day period described in clause (iii) above, the interest rate borne by the Initial Securities from the date of such filing, effectiveness or consummation, as the case may be, will be reduced to the original interest rate.

Increase in Interest Rate. In the event that (i) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is not filed with the SEC on or prior to the 150th 60th calendar day after the Closing DateTime, (ii) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is not declared effective on or prior to the 210th 180th calendar day after the Closing Date or Time, (iii) neither the Exchange Offer has been is not consummated nor on or prior to the 45th calendar day following the effective date of the Exchange Offer Registration Statement, or (iv) if required, a Shelf Registration Statement with respect to the Registrable Senior Notes and Registrable Senior Debentures is not declared effective on or prior to the 240th calendar day after the Closing DateTime, or (v) the Election Periods exceed, in the aggregate, 90 days during any 365-day period the per annum interest rate borne by the Initial Securities Registrable Senior Notes and Registrable Senior Debentures shall be increased by one-quarter of one percent (0.25% %) per annum following such 15060-day period in the case of clause (i) above, following such 210180-day period in the case of clause (ii) above, or following such 24045-day period in the case of clause (iii) above, or following such 240-day period in the case of (iv) above or 90-day period in the case of (v) above, which rate will be increased by an additional quarter of one percent (0.25%) per annum for each 90-day period during which noncompliance continues; provided that the aggregate increase in such annual interest rate will may in no event exceed 0.25% one-half of one percent (0.50%) per annum. Upon (xw) the filing of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 15060-day period described in clause (i) above, (yx) the effectiveness of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 210180-day period described in clause (ii) above or above, (zy) the consummation of the Exchange Offer after the 45-day period described in clause (iii) above, or (z) the effectiveness of a Shelf Registration Statement, as the case may be, after the 240-day period described in clause (iiiiv) above, the interest rate borne by the Initial Securities Senior Notes and Senior Debentures from the date of such filing, effectiveness or consummation, as the case may be, will shall be reduced to the original interest rate if the Company and the Guarantor are otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clause (i), (ii), (iii), (iv) or (v) above occurs, the interest rate shall again be increased pursuant to the foregoing provisions. No increase in the rate under clause (i), (ii) or (iii) above shall be payable for any period during which a Shelf Registration is effective.

Increase in Interest Rate. In the event that (i) neither the Exchange ------------------------- Offer Registration Statement nor a Shelf Registration Statement is not filed with the SEC on or prior to the 150th calendar day after following the Closing Datedate hereof, (ii) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is not declared effective on or prior to the 210th 180th calendar day after following the Closing Date or date hereof, (iii) neither the Exchange Offer has been is not consummated nor on or prior to the 30/th/ calendar day following the date of effectiveness of the Exchange Offer Registration Statement, or (iv) if required, a Shelf Registration Statement with respect to the Registrable Debentures is not declared effective on or prior to the 240th 210/th/ calendar day after following the Closing DateTime, the per annum interest rate borne by the Initial Securities Registrable Debentures shall be increased by one-quarter of one percent (0.25% %) per annum following such 150-day period in the case of clause (i) above, following such 210-day period in the case of clause (ii) above, or following such 24030-day period in the case of clause (iii) above, or following such 210-day period in the case of (iv) above, which rate will be increased by an additional quarter of one percent (0.25%) per annum for each 90-day period that any additional interest continues to accrue; provided that the aggregate increase in such annual interest rate will may in no event exceed 0.25% one-half of one percent (0.50%) per annum. Upon (xw) the filing of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 150-day period described in clause (i) above, (yx) the effectiveness of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 210180-day period described in clause (ii) above or above, (zy) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 24030-day period described in clause (iii) above, or (z) the effectiveness of a Shelf Registration Statement after the 210-day period described in clause (iv) above, the interest rate borne by the Initial Securities Debentures from the date of such filing, effectiveness or consummation, as the case may be, will shall be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clause (i), (ii), (iii) or (iv) above occurs, the interest rate shall again be increased pursuant to the foregoing provisions.

Increase in Interest Rate. In the event that (i) neither the Exchange ------------------------- Offer Registration Statement nor a Shelf Registration Statement is not filed with the SEC Commission on or prior to the 150th 45th calendar day after the Closing Date, (ii) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is not declared effective on or prior to the 210th 150th calendar day after the Closing Date or (iii) neither the Exchange Offer has been is not consummated nor or a Shelf Registration Statement with respect to the Registrable Securities is not declared effective on or prior to the 240th 180th calendar day after the Closing Date, the interest rate borne by the Initial Securities shall be increased by 0.25.50% per annum following such 150-45th day period in the case of clause (i) above, such 210-150 day period in the case of clause (ii) above, or such 240-180 day period in the case of clause (iii) above; provided that the aggregate increase in such interest rate will in no event exceed 0.25.50% per annum. Upon (x) the filing of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 150-45 day period described in clause (i) above, (y) the effectiveness of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 210-150 day period described in clause (ii) above or (z) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 240-180 day period described in clause (iii) above, the interest rate borne by the Initial Securities from the date of such filing, effectiveness or consummation, as the case may be, will be reduced to the original interest rate.

Increase in Interest Rate. In the event that either (i) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is not filed with the SEC Commission on or prior to the 150th 60th calendar day after following the Closing DateTime, or (ii) neither the Exchange Offer Registration Statement nor is not declared effective on or prior to the 180th calendar day following the Closing Time, or (iii) the Exchange Offer is not consummated on or prior to the 210th calendar day following the Closing Time or a Shelf Registration Statement with respect to the Registrable Notes is not declared effective on or prior to the 210th calendar day after following the Closing Date Time, or (iiiiv) neither either (A) the Exchange Offer has been Registration Statement ceases to be effective at any time prior to the time that the Exchange Offer is consummated nor a or (B) if applicable, the Shelf Registration Statement has been declared effective on or and such Shelf Registration Statement ceases to be effective at any time prior to the 240th day after second anniversary of the Closing DateTime, the interest rate borne by the Initial Securities Notes shall be increased by 0.25% 25 basis points per annum following such 15060-day period in the case of clause (i) above, following such 210180-day period in the case of clause (ii) above, or following such 24030-day period in the case of clause (iii) above; provided that the aggregate increase , or immediately in such interest rate will in no event exceed 0.25% per annum. Upon (x) the filing of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 150-day period described in of clause (iiv) above, (y) the effectiveness of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may which rate will be, after the 210-day period described in clause (ii) above or (z) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 240-day period described in clause (iii) above, the interest rate borne by the Initial Securities from the date of such filing, effectiveness or consummation, as the case may be, will be reduced to the original interest rate.

Increase in Interest Rate. In the event that (i) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is filed with the SEC on or prior to the 150th day after the Closing Date, (ii) neither the Exchange Offer Registration Statement nor a Shelf Registration Statement is declared effective on or prior to the 210th day after the Closing Date or (iii) neither the Exchange Offer has been consummated nor a Shelf Registration Statement declared effective on or prior to the 240th day after the Closing Date, the interest rate borne by the Initial Securities shall be increased by 0.25% per annum following such 150-day period in the case of clause (i) above, such 210-day period in the case of clause (ii) above, or such 240-day period in the case of clause (iii) above; provided that the aggregate increase in such interest rate will in no event exceed 0.25% per annum. Upon (x) the filing of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 150-day period described in clause (i) above, (y) the effectiveness of either the Exchange Offer Registration Statement or a Shelf Registration Statement, as the case may be, after the 210-day period described in clause (ii) above or (z) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 240-day period described in clause (iii) above, the interest rate borne by the Initial Securities from the date of such filing, effectiveness or consummation, as the case may be, will be reduced to the original then-applicable floating interest rate.