Common use of Interest and Fee Basis; Applicable Floating Rate Margins, Applicable Clause in Contracts

Interest and Fee Basis; Applicable Floating Rate Margins, Applicable. Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage. (i) Interest on all fees, Eurodollar Rate Loans and Floating Rate Loans calculated by reference to the Federal Fund Effective Rate shall be calculated for actual days elapsed on the basis of a 360-day year; provided, that the Applicable L/C Fee Percentage applicable to Letters of Credit issued in British Pounds Sterling, if any, shall be calculated for actual days elapsed on the basis of a 365-day year. Interest on all Alternate Base Rate Loans calculated by reference to the Prime Rate shall be calculated for actual days elapsed on the basis of a 365/366-day year. Interest shall be payable for the day an Obligation is incurred but not for the day of any payment on the amount paid if payment is received prior to 2:00 p.m. (Chicago time or local time, as applicable) at the place of payment. If any payment of principal of or interest on a Loan or any payment of any other Obligations shall become due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and, in the case of a principal payment, such extension of time shall be included in computing interest, fees and commissions in connection with such payment. (ii) (a) The Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage shall, subject to the provisions of Section 2.14(D)(ii)(b) below, be determined from time to time by reference to the table set forth below, on the basis of the then applicable Leverage Ratio as described in this Section 2.14(D)(ii): Applicable Commitment Fee 0.175 % 0.20 % 0.25 % 0.30 % Applicable L/C Fee for Performance Letters of Credit 0.65 % 0.725 % 0.9125 % 1.10 % Applicable L/C Fee for Financial Letters of Credit 0.875 % 1.00 % 1.25 % 1.50 % Applicable Eurodollar Margin 0.875 % 1.00 % 1.25 % 1.50 % Applicable Floating Rate Margin 0.00 % 0.00 % 0.00 % 0.25 % (1) Notwithstanding the foregoing or anything else contained in this Agreement to the contrary, for purposes of computing the Revolving Credit Obligations in connection with determining the applicable commitment fee, the parties hereto acknowledge and agree that to the extent any Escalating L/C is then issued and outstanding, the applicable commitment fee shall accrue at 200% of the commitment fee which would be applicable solely by reference to the foregoing table multiplied by the difference between (x) the Dollar Amount then available to be drawn under such Escalating L/C and (y) the maximum Dollar Amount (after giving effect to all possible increases) available to be drawn thereunder. (2) For purposes of this Section 2.14(D)(ii), the Leverage Ratio shall be calculated as provided in Section 7.4(A); provided, however, that until such time as the Company delivers the financial statements for the fiscal quarter ending September 30, 2006, the Leverage Ratio shall be deemed to be greater than or equal to 1.00 to 1.00 and less than 1.50 to 1.00. Upon receipt of the financial statements delivered pursuant to Sections 7.1(A)(i) and (ii), as applicable, the Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage shall be adjusted, such adjustment being effective five (5) Business Days following the date such financial statements and the compliance certificate required to be delivered in connection therewith pursuant to Section 7.1(A)(iii) shall be due; provided, that if the Company shall not have timely delivered its financial statements in accordance with Section 7.1(A)(i) or (ii), as applicable, then commencing on the date upon which such financial statements should have been delivered and continuing until five (5) Business Days following the date such financial statements are actually delivered, the Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage shall be the maximum Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage, as applicable, as set forth in this Section 2.14(D)(ii).

Interest and Fee Basis; Applicable Floating Rate Margins, Applicable. Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage. (i) Interest on all fees, Eurodollar Rate Loans and Floating Alternate Base Rate Loans calculated by reference to the Federal Fund Effective Rate shall be calculated for actual days elapsed on the basis of a 360-day year; provided, that the Applicable L/C Fee Percentage applicable to Letters of Credit issued in British Pounds Sterling, if any, shall be calculated for actual days elapsed on the basis of a 365-day year. Interest on all Alternate Base Rate Loans calculated by reference to the Prime Rate shall be calculated for actual days elapsed on the basis of a 365/366-day year. Interest shall be payable for the day an Obligation is incurred but not for the day of any payment on the amount paid if payment is received prior to 2:00 p.m. (Chicago time or local time, as applicable) at the place of payment. If any payment of principal of or interest on a Loan or any payment of any other Obligations shall become due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and, in the case of a principal payment, such extension of Sidley Xxxxxx Xxxxx & Xxxx time shall be included in computing interest, fees and commissions in connection with such payment. (ii) (a) The Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage shall, subject to the provisions of Section 2.14(D)(ii)(b) below, shall be determined from time to time by reference to the table set forth below, on the basis of the then applicable Leverage Ratio as described in this Section 2.14(D)(ii): Applicable GREATER THAN OR GREATER THAN OR EQUAL TO 1.00 EQUAL TO 1.50 TO GREATER THAN OR LESS THAN 1.00 TO 1.00 AND LESS 1.00 BUT LESS EQUAL TO 2.00 TO LEVERAGE RATIO TO 1.00 THAN 1.50 TO 1.00 THAN 2.00 TO 1.00 1.00 ----------------------------------------------------------------------------------------------------------------- Commitment Fee 0.175 0.30% 0.20 0.35% 0.25 0.40% 0.30 0.45% ----------------------------------------------------------------------------------------------------------------- Applicable L/C Fee for Performance Letters of Credit 0.65 1.0000% 0.725 1.1667% 0.9125 1.3333% 1.10 1.5000% ----------------------------------------------------------------------------------------------------------------- Applicable L/C Fee for Financial Standby Letters of Credit 0.875 1.50% 1.00 1.75% 1.25 2.00% 1.50 2.25% ----------------------------------------------------------------------------------------------------------------- Applicable Eurodollar Margin 0.875 1.50% 1.00 1.75% 1.25 2.00% 1.50 2.25% ----------------------------------------------------------------------------------------------------------------- Applicable Floating Rate Margin 0.00 0.25% 0.00 0.50% 0.00 0.75% 0.25 % (1) Notwithstanding the foregoing or anything else contained in this Agreement to the contrary, for purposes of computing the Revolving Credit Obligations in connection with determining the applicable commitment fee, the parties hereto acknowledge and agree that to the extent any Escalating L/C is then issued and outstanding, the applicable commitment fee shall accrue at 2001.00% of the commitment fee which would be applicable solely by reference to the foregoing table multiplied by the difference between (x) the Dollar Amount then available to be drawn under such Escalating L/C and (y) the maximum Dollar Amount (after giving effect to all possible increases) available to be drawn thereunder. (2) ----------------------------------------------------------------------------------------------------------------- For purposes of this Section 2.14(D)(ii2.15(D)(ii), the Leverage Ratio shall be calculated as provided in Section 7.4(A); provided, however, that until such time as the Company delivers the financial statements for the fiscal quarter ending September 30, 2006, the Leverage Ratio shall be deemed to be greater than or equal to 1.00 to 1.00 and less than 1.50 to 1.00. Upon receipt of the financial statements delivered pursuant to Sections 7.1(A)(i) and (ii), as applicable, the Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage shall be adjusted, such adjustment being effective five (5) Business Days following the date such financial statements and the compliance certificate required to be delivered in connection therewith pursuant to Section 7.1(A)(iii) shall be due; provided, that if the Company shall not have timely delivered its financial statements in accordance with Section 7.1(A)(i) or (ii), as applicable, then commencing on the date upon which such financial statements should have been delivered and continuing until five (5) Business Days following the date such financial statements are actually delivered, the Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage shall be the maximum Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage Margin and Applicable Commitment Fee Sidley Xxxxxx Xxxxx & Xxxx Percentage, as applicable, as under the pricing grid set forth in this Section 2.14(D)(ii).

Interest and Fee Basis; Applicable Floating Rate Margins, Applicable. Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage. (i) Interest on all fees, Eurodollar Rate Loans and Floating Rate Loans fees calculated by reference to the Federal Fund Effective Rate shall be calculated for actual days elapsed on the basis of a 360-day year; provided, that the Applicable L/C Fee Percentage applicable to Letters of Credit issued in British Pounds Sterling, if any, shall be calculated for actual days elapsed on the basis of a 365-day year. Interest on all Alternate Base Rate Loans calculated by reference to the Prime Rate shall be calculated for actual days elapsed on the basis of a 365/366-day year. Interest shall be payable for the day an Obligation is incurred but not for the day of any payment on the amount paid if payment is received prior to 2:00 p.m. (Chicago time or local time, as applicable) at the place of payment. If any payment of principal of or interest on a Loan or any payment of any other Obligations shall become due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and, in the case of a principal payment, such extension of time shall be included in computing interest, fees and commissions in connection with such payment. (ii) (a) The Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage shall, subject to the provisions of Section 2.14(D)(ii)(b) below, be determined from time to time by reference to the table set forth below, on the basis of the then applicable Leverage Ratio as described in this Section 2.14(D)(ii): Applicable Commitment Fee 0.175 GREATER THAN OR GREATER THAN OR EQUAL TO 1.00 TO EQUAL TO 1.50 TO GREATER THAN OR LESS THAN 1.00 1.00 AND LESS 1.00 BUT LESS EQUAL TO 2.00 TO LEVERAGE RATIO TO 1.00 THAN 1.50 TO 1.00 THAN 2.00 TO 1.00 1.00 -------------------------------------------------------------------------------------------------------------- APPLICABLE COMMITMENT FEE 0.375% 0.20 0.375% 0.25 0.50% 0.30 0.50% Applicable -------------------------------------------------------------------------------------------------------------- APPLICABLE L/C Fee for Performance Letters of Credit 0.65 FEE FOR LETTERS OF CREDIT 1.00% 0.725 1.167% 0.9125 1.333% 1.10 1.50% Applicable L/C Fee for Financial Letters of Credit 0.875 -------------------------------------------------------------------------------------------------------------- APPLICABLE EURODOLLAR MARGIN 1.50% 1.00 1.75% 1.25 2.00% 1.50 2.25% Applicable Eurodollar Margin 0.875 -------------------------------------------------------------------------------------------------------------- APPLICABLE FLOATING RATE MARGIN 0.25% 1.00 0.50% 1.25 0.75% 1.50 1.00% Applicable Floating Rate Margin 0.00 % 0.00 % 0.00 % 0.25 %-------------------------------------------------------------------------------------------------------------- (1) Notwithstanding the foregoing or anything else contained in this Agreement to the contrary, for purposes of computing the Revolving Credit L/C Obligations in connection with determining the applicable commitment fee, the parties hereto acknowledge and agree that to the extent any Escalating L/C is then issued and outstanding, the applicable commitment fee shall accrue at 200% of the commitment fee which would be applicable solely by reference to the foregoing table multiplied by the difference between (x) the Dollar Amount then available to be drawn under such Escalating L/C and (y) the maximum Dollar Amount (after giving effect to all possible increases) available to be drawn thereunder. (2) For purposes of this Section 2.14(D)(ii), the Leverage Ratio shall be calculated as provided in Section 7.4(A); provided, however, that until such time as the Company delivers the financial statements for the fiscal quarter ending September June 30, 20062003, the Leverage Ratio shall be deemed to be greater than or equal to 1.00 to 1.00 and less than 1.50 1.00 to 1.00. Upon receipt of the financial statements delivered pursuant to Sections 7.1(A)(i) and (ii), as applicable, the Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage shall be adjusted, such adjustment being effective five (5) Business Days following the date such financial statements and the compliance certificate required to be delivered in connection therewith pursuant to Section 7.1(A)(iii) shall be due; provided, that if the Company shall not have timely delivered its financial statements in accordance with Section 7.1(A)(i) or (ii), as applicable, then commencing on the date upon which such financial statements should have been delivered and continuing until five (5) Business Days following the date such financial statements are actually delivered, the Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage shall be the maximum Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage, as applicable, as set forth in this Section 2.14(D)(ii).

Interest and Fee Basis; Applicable Floating Rate Margins, Applicable. Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage. (i) Interest on all fees, Eurodollar Rate Loans and Floating Alternate Base Rate Loans calculated by reference to the Federal Fund Effective Rate shall be calculated for actual days elapsed on the basis of a 360-day year; provided, that the Applicable L/C Fee Percentage applicable to Letters of Credit issued in British Pounds Sterling, if any, shall be calculated for actual days elapsed on the basis of a 365-day year. Interest on all Alternate Base Rate Loans calculated by reference to the Prime Rate shall be calculated for actual days elapsed on the basis of a 365/366-day year. Interest shall be payable for the day an Obligation is incurred but not for the day of any payment on the amount paid if payment is received prior to 2:00 p.m. (Chicago time or local time, as applicable) at the place of payment. If any payment of principal of or interest on a Loan or any payment of any other Obligations shall become due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and, in the case of a principal payment, such extension of time shall be included in computing interest, fees and commissions in connection with such payment. (ii) (a) The Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage shall, subject to the provisions of Section 2.14(D)(ii)(b) below, shall be determined from time to time by reference to the table set forth below, on the basis of the then applicable Leverage Ratio as described in this Section 2.14(D)(ii): Applicable Commitment Fee 0.175 ---------------------------------------------------------------------------------------------------------------------- LEVERAGE RATIO LESS THAN 1.00 TO GREATER THAN OR EQUAL GREATER THAN OR GREATER THAN OR 1.00 TO 1.00 TO 1.00 AND EQUAL TO 1.50 TO EQUAL TO 2.00 TO 1.00 LESS THAN 1.50 TO 1.00 1.00 BUT LESS THAN 2.00 TO 1.00 ---------------------------------------------------------------------------------------------------------------------- COMMITMENT FEE 0.25% 0.20 0.30% 0.25 0.35% 0.30 0.40% Applicable ---------------------------------------------------------------------------------------------------------------------- APPLICABLE L/C Fee for Performance Letters of Credit 0.65 FEE FOR PERFORMANCE LETTERS OF 0.750% 0.725 0.875% 0.9125 1.000% 1.10 1.125% Applicable CREDIT ---------------------------------------------------------------------------------------------------------------------- APPLICABLE L/C Fee for Financial Letters of Credit 0.875 FEE FOR STANDBY LETTERS OF 1.50% 1.00 1.75% 1.25 2.00% 1.50 2.25% Applicable Eurodollar Margin 0.875 CREDIT ---------------------------------------------------------------------------------------------------------------------- APPLICABLE EURODOLLAR MARGIN 1.50% 1.00 1.75% 1.25 2.00% 1.50 2.25% Applicable Floating Rate Margin 0.00 ---------------------------------------------------------------------------------------------------------------------- APPLICABLE FLOATING RATE MARGIN 0.25% 0.00 0.50% 0.00 0.75% 0.25 % (1) Notwithstanding the foregoing or anything else contained in this Agreement to the contrary, for purposes of computing the Revolving Credit Obligations in connection with determining the applicable commitment fee, the parties hereto acknowledge and agree that to the extent any Escalating L/C is then issued and outstanding, the applicable commitment fee shall accrue at 2001.00% of the commitment fee which would be applicable solely by reference to the foregoing table multiplied by the difference between (x) the Dollar Amount then available to be drawn under such Escalating L/C and (y) the maximum Dollar Amount (after giving effect to all possible increases) available to be drawn thereunder. (2) ---------------------------------------------------------------------------------------------------------------------- For purposes of this Section 2.14(D)(ii2.15(D)(ii), the Leverage Ratio shall be calculated as provided in Section 7.4(A); provided, however, that until such time as the Company delivers the financial statements for the fiscal quarter ending September 30, 2006, the Leverage Ratio shall be deemed to be greater than or equal to 1.00 to 1.00 and less than 1.50 to 1.00. Upon receipt of the financial statements delivered pursuant to Sections 7.1(A)(i) and (ii), as applicable, the Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage shall be adjusted, such adjustment being effective five (5) Business Days following the date such financial statements and the compliance certificate required to be delivered in connection therewith pursuant to Section 7.1(A)(iii) shall be due; provided, that if the Company shall not have timely delivered its financial statements in accordance with Section 7.1(A)(i) or (ii), as applicable, then commencing on the date upon which such financial statements should have been delivered and continuing until five (5) Business Days following the date such financial statements are actually delivered, the Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage and Applicable Commitment Fee Percentage shall be the maximum Applicable Floating Rate Margins, Applicable Eurodollar Margin, Applicable L/C Fee Percentage Margin and Applicable Commitment Fee Percentage, as applicable, as under the pricing grid set forth in this Section 2.14(D)(ii).