Common use of Interest; Applicable Margins Clause in Contracts

Interest; Applicable Margins. (a) The Revolving Credit Notes shall bear interest (computed on the basis of the actual number of days elapsed over a 360-day year) on the unpaid principal amount thereof until paid in full at the rate or rates per annum determined as follows: (i) The per annum rate for any portion of the outstanding principal balance of the Revolving Credit Notes which is not then subject to a LIBOR Option shall be equal to the Applicable Base Rate Margin (as hereinafter defined in subsection 1.4(c)) plus the Base Rate; and (ii) The per annum rate for any LIBOR Portion shall be equal to the Applicable LIBOR Margin (as hereinafter defined in subsection 1.4(c)) plus the LIBOR Rate. (b) Interest on any portion of the Revolving Credit Notes accruing interest based on the Base Rate shall be payable monthly in arrears on the first day of each month, commencing on the first such date next succeeding the date of issuance of the Revolving Credit Notes, and interest on any LIBOR Portion of the Revolving Credit Notes shall be payable on the earlier to occur of (i) the last day of the LIBOR Period applicable to such LIBOR Portion or (ii) the 90th day of such LIBOR Period, and at maturity (whether by acceleration or otherwise). Each change in the rate of interest payable on any portion of the outstanding principal balance of the Revolving Credit Notes which is not then subject to a LIBOR Option shall take effect simultaneously with the corresponding change in the Base Rate. Notwithstanding anything contained herein or in any other Loan Document to the contrary, in no event shall the amount paid or agreed to be paid by the Borrower as interest on the Revolving Credit Loans exceed the highest lawful rate permissible under any law applicable thereto.

Interest; Applicable Margins. (a) The Revolving Credit Notes Borrower shall bear pay interest to Agent, for the ratable benefit of Lenders, in arrears on each applicable Interest Payment Date, at the following rates of interest on the unpaid principal amount of each: (computed i) Base Rate Loans at the Base Rate plus the Base Rate Margin. (ii) LIBOR Loans at the LIBOR Rate plus the LIBOR Margin. (b) If any payment on any Loan becomes due and payable on a day other than a Business Day, the maturity thereof will be extended to the next succeeding Business Day (except as set forth in the definition of LIBOR Period), and, with respect to payments of principal, interest thereon shall be payable at the then applicable rate during such extension. (c) All computations of Fees are calculated on a per annum basis and interest shall be made by Agent on the basis of a 360-day year, in each case for the actual number of days elapsed over a 360-day year) occurring in the period for which such interest and Fees are payable, except that with respect to Base Rate Loans based on the unpaid principal prime or base commercial lending rate the interest thereon shall be calculated on the basis of a 365- (or 366-, as the case may be) day year for the actual days elapsed. Each determination by Agent of an interest rate and Fees hereunder shall be presumptive evidence of the correctness of such rates and Fees. (d) All overdue amounts not paid when due hereunder shall bear interest in an amount thereof until paid in full at equal to two percentage points (2.00%) per annum above the rates of interest or the rate or rates per annum determined as follows:of such Fees otherwise applicable hereunder unless Agent and Requisite Lenders elect to impose a smaller increase (the “Default Rate”), accruing from the initial date of such non-payment until such payment is made and shall be payable upon demand. (e) Borrower shall have the option to (i) The per annum rate for request that any loan be made as a LIBOR Loan or a Base Rate Loan, (ii) convert any Base Rate Loan to a LIBOR Loan, (iii) convert any LIBOR Loan to a Base Rate Loan subject to payment of LIBOR breakage costs in accordance with Section 2.11(b) if such conversion is made prior to the expiration of the LIBOR Period applicable thereto, or (iv) continue all or any portion of any Loan as a LIBOR Loan upon the outstanding principal balance expiration of the Revolving Credit Notes which is not then subject to a applicable LIBOR Option Period and the succeeding LIBOR Period of that continued Loan shall be equal to the Applicable Base Rate Margin (as hereinafter defined in subsection 1.4(c)) plus the Base Rate; and (ii) The per annum rate for any LIBOR Portion shall be equal to the Applicable LIBOR Margin (as hereinafter defined in subsection 1.4(c)) plus the LIBOR Rate. (b) Interest on any portion of the Revolving Credit Notes accruing interest based on the Base Rate shall be payable monthly in arrears commence on the first day of each month, commencing on the first such date next succeeding the date of issuance of the Revolving Credit Notes, and interest on any LIBOR Portion of the Revolving Credit Notes shall be payable on the earlier to occur of (i) after the last day of the LIBOR Period of the Loan to be continued; provided, however, that no Loan shall be converted to, or continued at the end of the LIBOR Period applicable thereto as a LIBOR Loan for a LIBOR Period of longer than one (1) month if any Event of Default has occurred and is continuing. Any Loan or group of Loans having the same proposed LIBOR Period to be made or continued as, or converted into, a LIBOR Loan must be in a minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of such amount. Any such election must be made by 11:00 a.m. (New York time) on the third Business Day prior to (1) the date of any proposed Loan which is to bear interest at the LIBOR Rate, (2) the end of each LIBOR Period with respect to any LIBOR Loans to be continued as such, or (3) the date on which Borrower wishes to convert any Base Rate Loan to a LIBOR Loan for a LIBOR Period designated by Borrower in such election. If no election is received with respect to a LIBOR Loan by 11:00 a.m. (New York time) on the third Business Day prior to the end of the LIBOR Period with respect thereto (or if an Event of Default has occurred and is continuing or if the additional conditions precedent set forth in Section 3.1 shall not have been satisfied), that LIBOR Loan shall be converted to a LIBOR Loan with a LIBOR Period of one month at the end of its LIBOR Period. Borrower must make such election by notice to Agent in writing, by fax or overnight courier. In the case of any conversion or continuation, such election must be made pursuant to a written notice (a “Notice of Conversion/Continuation”) in the form of Exhibit 2.5(e). (f) Anything herein to the contrary notwithstanding, the obligations of Borrower hereunder shall be subject to the limitation that payments of interest shall not be required, for any period for which interest is computed hereunder, to the extent (but only to the extent) that contracting for or receiving such payment by the respective Lender would be contrary to the provisions of any law applicable to such LIBOR Portion Lender limiting the highest rate of interest which may be lawfully contracted for, charged or (ii) the 90th day of received by such LIBOR PeriodLender, and in such event Borrower shall pay such Lender interest at maturity the highest rate permitted by applicable law (whether by acceleration or otherwisethe “Maximum Lawful Rate”). Each change in ; provided, however, that if at any time thereafter the rate of interest payable hereunder is less than the Maximum Lawful Rate, Borrower shall continue to pay interest hereunder at the Maximum Lawful Rate until such time as the total interest received by Agent, on any portion behalf of Lenders, is equal to the outstanding principal balance total interest that would have been received had the interest rate payable hereunder been (but for the operation of this paragraph) the Revolving Credit Notes which is not then subject to a LIBOR Option interest rate payable since the Closing Date as otherwise provided in this Agreement. Thereafter, interest hereunder shall take effect simultaneously with be paid at the corresponding change rate(s) of interest and in the Base manner provided in Sections 2.5(a) through (e), unless and until the rate of interest again exceeds the Maximum Lawful Rate, and at that time this paragraph shall again apply. Notwithstanding anything contained herein or in any other Loan Document to the contrary, in In no event shall the total interest received by any Lender pursuant to the terms hereof exceed the amount paid or agreed that such Lender could lawfully have received had the interest due hereunder been calculated for the full term hereof at the Maximum Lawful Rate. If the Maximum Lawful Rate is calculated pursuant to this paragraph, such interest shall be paid calculated at a daily rate equal to the Maximum Lawful Rate divided by the number of days in the year in which such calculation is made. If, notwithstanding the provisions of this Section 2.5(f), a court of competent jurisdiction shall finally determine that a Lender has received interest hereunder in excess of the Maximum Lawful Rate, Agent shall, to the extent permitted by applicable law, promptly apply such excess in the order specified in Section 2.9 and thereafter shall refund any excess to Borrower or as interest on the Revolving Credit Loans exceed the highest lawful rate permissible under any law applicable theretoa court of competent jurisdiction may otherwise order.

Interest; Applicable Margins. (a) The Revolving Credit Notes Borrowers shall bear pay interest to Agent, for the ratable benefit of Lenders, in arrears on each applicable Interest Payment Date, at the following rates of interest on the unpaid principal amount of each: (computed i) Base Rate Loan made to the Borrowers at the (x) Base Rate, with respect to Base Rate Loans made in Dollars plus the Base Rate Margin and (y) Canadian Base Rate, with respect to Canadian Base Rate Loans made in Canadian Dollars plus the Base Rate Margin. (ii) LIBOR Loans at the (x) LIBOR Rate, with respect to LIBOR Rate Loans denominated in Dollars plus the LIBOR Margin and (y) BA Rate, with respect to BA Rate Loans denominated in Canadian Dollars plus the LIBOR Margin. (b) If any payment on any Loan becomes due and payable on a day other than a Business Day, the maturity thereof will be extended to the next succeeding Business Day (except as set forth in the definition of LIBOR Period), and, with respect to payments of principal, interest thereon shall be payable at the then applicable rate during such extension. (c) All computations of Fees are calculated on a per annum basis and interest shall be made by Agent on the basis of a 360-day year, in each case for the actual number of days elapsed over a 360-day year) occurring in the period for which such interest and Fees are payable, except that with respect to Base Rate Loans and LIBOR Loans made at the BA Rate based on the unpaid principal prime or base commercial lending rate the interest thereon shall be calculated on the basis of a 365- (or 366-, as the case may be) day year for the actual days elapsed. The (a) Base Rate, with respect to Base Rate Loans made in Dollars, and (b) Canadian Base Rate, with respect to Canadian Base Rate Loans made in Canadian Dollars, is a floating rate determined for each day. Each determination by Agent of an interest rate and Fees hereunder shall be presumptive evidence of the correctness of such rates and Fees. (d) All amounts not paid when due hereunder shall bear interest in an amount thereof until paid in full at equal to two percentage points (2.00%) per annum above the rates of interest or the rate or rates per annum determined as follows:of such Fees otherwise applicable hereunder unless Agent and Requisite Lenders elect to impose a smaller increase (the “Default Rate”), accruing from the initial date of such non-payment until such payment is made and shall be payable upon demand. (e) Subject to the conditions precedent set forth in Section 3.2, Borrower Representative shall have the option to (i) The per annum rate for request that any Revolving Credit Advance be made as a LIBOR Loan, (ii) convert at any time all or any part of outstanding Loans (other than the Swing Line Loan) from Base Rate Loans to LIBOR Loans, (iii) convert any LIBOR Loan to a Base Rate Loan and subject to payment of LIBOR breakage costs in accordance with Section 2.11(b) if such conversion is made prior to the expiration of the LIBOR Period applicable thereto, or (iv) continue all or any portion of any Loan (other than the outstanding principal balance Swing Line Loan) as a LIBOR Loan upon the expiration of the Revolving Credit Notes which is not then subject to a applicable LIBOR Option Period and the succeeding LIBOR Period of that continued Loan shall be equal to the Applicable Base Rate Margin (as hereinafter defined in subsection 1.4(c)) plus the Base Rate; and (ii) The per annum rate for any LIBOR Portion shall be equal to the Applicable LIBOR Margin (as hereinafter defined in subsection 1.4(c)) plus the LIBOR Rate. (b) Interest on any portion of the Revolving Credit Notes accruing interest based on the Base Rate shall be payable monthly in arrears commence on the first day of each month, commencing on the first such date next succeeding the date of issuance of the Revolving Credit Notes, and interest on any LIBOR Portion of the Revolving Credit Notes shall be payable on the earlier to occur of (i) after the last day of the LIBOR Period of the Loan to be continued; provided, however, that no Revolving Credit Advance shall be converted to, or continued at the end of the LIBOR Period applicable thereto as a LIBOR Loan for a LIBOR Period of longer than one (1) month if any Event of Default has occurred and is continuing. Any Loan or group of Loans having the same proposed LIBOR Period to be made or continued as, or converted into, a LIBOR Loan must be in a minimum amount (i) with respect to LIBOR Loans made in Dollars, of $5,000,000 and integral multiples of $1,000,000 in excess of such amount and (ii) with respect to BA Rate Loans denominated in Canadian Dollars, a minimum amount of C$5,000,000 and integral multiples of C$1,000,000 in excess of such amount. Any such election must be made by 11:00 a.m. (New York time) on the third Business Day prior to (1) the date of any proposed Advance which is to bear interest at the (x) LIBOR Rate, with respect to LIBOR Loans denominated in Dollars and (y) BA Rate, with respect to LIBOR Loans denominated in Canadian Dollars, (2) the end of each LIBOR Period with respect to any LIBOR Loans to be continued as such, or (3) the date on which Borrower Representative wishes to convert any Base Rate Loan to a LIBOR Loan for a LIBOR Period designated by Borrower Representative in such election. If no election is received with respect to a LIBOR Loan by 11:00 a.m. (New York time) on the third Business Day prior to the end of the LIBOR Period with respect thereto (or if an Event of Default has occurred and is continuing or if the additional conditions precedent set forth in Section 3.2 shall not have been satisfied), that LIBOR Loan shall be converted to a LIBOR Loan with a LIBOR Period of one (1) month at the end of its LIBOR Period. Borrower Representative must make such election by notice to Agent in writing, by fax or overnight courier. In the case of any conversion or continuation, such election must be made pursuant to a written notice (a “Notice of Conversion/Continuation”) in the form of Exhibit 2.5(e). (f) Anything herein to the contrary notwithstanding, the obligations of Borrowers hereunder shall be subject to the limitation that payments of interest shall not be required, for any period for which interest is computed hereunder, to the extent (but only to the extent) that contracting for or receiving such payment by the respective Lender would be contrary to the provisions of any law applicable to such LIBOR Portion Lender (including, without limitation, Criminal Code (Canada)) limiting the highest rate of interest which may be lawfully contracted for, charged or (ii) the 90th day of received by such LIBOR PeriodLender, and in such event Borrowers shall pay such Lender interest at maturity the highest rate permitted by applicable law (whether by acceleration or otherwisethe “Maximum Lawful Rate”). Each change in ; provided, however, that if at any time thereafter the rate of interest payable hereunder is less than the Maximum Lawful Rate, Borrowers shall continue to pay interest hereunder at the Maximum Lawful Rate until such time as the total interest received by Agent, on any portion behalf of Lenders, is equal to the outstanding principal balance total interest that would have been received had the interest rate payable hereunder been (but for the operation of this paragraph) the Revolving Credit Notes which is not then subject to a LIBOR Option interest rate payable since the Closing Date as otherwise provided in this Agreement. Thereafter, interest hereunder shall take effect simultaneously with be paid at the corresponding change rate(s) of interest and in the Base manner provided in Sections 2.5(a) through (e), unless and until the rate of interest again exceeds the Maximum Lawful Rate, and at that time this paragraph shall again apply. Notwithstanding anything contained herein or in any other Loan Document to the contrary, in In no event shall the total interest received by any Lender pursuant to the terms hereof exceed the amount paid or agreed that such Lender could lawfully have received had the interest due hereunder been calculated for the full term hereof at the Maximum Lawful Rate. If the Maximum Lawful Rate is calculated pursuant to this paragraph, such interest shall be paid calculated at a daily rate equal to the Maximum Lawful Rate divided by the Borrower number of days in the year in which such calculation is made. If, notwithstanding the provisions of this Section 2.5(f), a court of competent jurisdiction shall finally determine that a Lender has received interest hereunder in excess of the Maximum Lawful Rate, Agent shall, to the extent permitted by applicable law, promptly apply such excess in the order specified in Section 2.9 and thereafter shall refund any excess to Borrowers or as interest on the Revolving Credit Loans exceed the highest lawful rate permissible under any law applicable theretoa court of competent jurisdiction may otherwise order.

Interest; Applicable Margins. (a) The Revolving Credit Notes Loans shall bear interest (computed on the basis of the actual number of days elapsed over a 360-day year) on the unpaid principal amount thereof until paid in full at the rate or rates per annum determined as follows: (i) The per annum rate for any portion of the outstanding principal balance of the Revolving Credit Notes which is not then subject to a LIBOR Option and which is not a Eurocurrency Loan shall be equal to the Applicable Base Rate Margin (as hereinafter defined in subsection 1.4(c)) plus the Base Rate; and; (ii) The per annum rate for any LIBOR Portion shall be equal to the Applicable LIBOR Margin (as hereinafter defined in subsection 1.4(c)) plus the LIBOR Rate; and (iii) The per annum rate for any Eurocurrency Loan shall be equal to the Applicable Eurocurrency Margin (as hereinafter defined in subsection 1.4(c)) plus the Eurocurrency Rate. (b) Interest on any portion of the Revolving Credit Notes (i) accruing interest based on upon the Base Rate shall be payable monthly in arrears on the first day of each month, commencing on the first such date next succeeding the date of issuance of the Revolving Credit Notes, and interest on any (ii) accruing based upon the LIBOR Portion of the Revolving Credit Notes Rate shall be payable on the earlier to occur of (ix) the last day of the LIBOR Period applicable to such LIBOR Portion or (iiy) the 90th day of such LIBOR Period, and at maturity (whether by acceleration or otherwise) and (iii) accruing based upon the Eurocurrency Rate shall be payable on the earlier to occur of (x) the last day of the Eurocurrency Interest Period applicable to such Eurocurrency Loan or (y) the 90th day of such Eurocurrency Interest Period, and at maturity (whether by acceleration or otherwise). Each change in the rate of interest payable on any portion of the outstanding principal balance of the Revolving Credit Notes which is not then subject to a LIBOR Option and which is not a Eurocurrency Loan shall take effect simultaneously with the corresponding change in the Base Rate. Notwithstanding anything contained herein or in any other Loan Document to the contrary, in no event shall the amount paid or agreed to be paid by the Borrower as interest on the Revolving Credit Loans exceed the highest lawful rate permissible under any law applicable thereto.

Interest; Applicable Margins. (a) The Revolving Credit Notes Borrower shall bear pay interest to Agent, for the ratable benefit of Lenders, in arrears on each applicable Interest Payment Date, at the following rates of interest on the unpaid principal amount of each: (computed i) Base Rate Loan at the Base Rate plus the Base Rate Margin. (ii) LIBOR Loan at the LIBOR Rate plus the LIBOR Margin. (b) If any payment on any Loan becomes due and payable on a day other than a Business Day, the maturity thereof will be extended to the next succeeding Business Day (except as set forth in the definition of LIBOR Period and Maturity Date), and, with respect to payments of principal, interest thereon shall be payable at the then applicable rate during such extension. (c) All computations of Fees are calculated on a per annum basis and interest shall be made by Agent on the basis of a 360-day year, in each case for the actual number of days elapsed over a 360-day year) occurring in the period for which such interest and Fees are payable, except that with respect to Base Rate Loans based on the unpaid principal prime or base commercial lending rate the interest thereon shall be calculated on the basis of a 365- (or 366-, as the case may be) day year for the actual days elapsed. Each determination by Agent of an interest rate and Fees hereunder shall be presumptive evidence of the correctness of such rates and Fees. (d) All overdue amounts not paid when due hereunder shall bear interest in an amount thereof until paid in full at equal to two percentage points (2.00%) per annum above the rates of interest or the rate or rates per annum determined as follows:of such Fees otherwise applicable hereunder unless Agent and Requisite Lenders elect to impose a smaller increase (the “Default Rate”), accruing from the initial date of such non-payment until such payment is made and shall be payable upon demand. (e) Borrower shall have the option to (i) The per annum rate for request that any loan be made as a LIBOR Loan or a Base Rate Loan, (ii) convert any Base Rate Loan to a LIBOR Loan, (iii) convert any LIBOR Loan to a Base Rate Loan subject to payment of LIBOR breakage costs in accordance with Section 2.11(b) if such conversion is made prior to the expiration of the LIBOR Period applicable thereto, or (iv) continue all or any portion of any Loan as a LIBOR Loan upon the outstanding principal balance expiration of the Revolving Credit Notes which is not then subject to a applicable LIBOR Option Period and the succeeding LIBOR Period of that continued Loan shall be equal to the Applicable Base Rate Margin (as hereinafter defined in subsection 1.4(c)) plus the Base Rate; and (ii) The per annum rate for any LIBOR Portion shall be equal to the Applicable LIBOR Margin (as hereinafter defined in subsection 1.4(c)) plus the LIBOR Rate. (b) Interest on any portion of the Revolving Credit Notes accruing interest based on the Base Rate shall be payable monthly in arrears commence on the first day of each month, commencing on the first such date next succeeding the date of issuance of the Revolving Credit Notes, and interest on any LIBOR Portion of the Revolving Credit Notes shall be payable on the earlier to occur of (i) after the last day of the LIBOR Period of the Loan to be continued; provided, however, that no Loan shall be converted to, or continued at the end of the LIBOR Period applicable thereto as a LIBOR Loan for a LIBOR Period of longer than one (1) month if any Event of Default has occurred and is continuing. Any Loan or group of Loans having the same proposed LIBOR Period to be made or continued as, or converted into, a LIBOR Loan must be in a minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of such amount. Any such election must be made by 11:00 a.m. (New York time) on the third Business Day prior to (1) the date of any proposed Loan which is to bear interest at the LIBOR Rate, (2) the end of each LIBOR Period with respect to any LIBOR Loans to be continued as such, or (3) the date on which Borrower wishes to convert any Base Rate Loan to a LIBOR Loan for a LIBOR Period designated by Borrower in such election. If no election is received with respect to a LIBOR Loan by 11:00 a.m. (New York time) on the third Business Day prior to the end of the LIBOR Period with respect thereto (or if an Event of Default has occurred and is continuing or if the additional conditions precedent set forth in Section 3.2 shall not have been satisfied), that LIBOR Loan shall be converted to a LIBOR Loan with a LIBOR Period of one month at the end of its LIBOR Period. Borrower must make such election by notice to Agent in writing, by fax or overnight courier. In the case of any conversion or continuation, such election must be made pursuant to a written notice (a “Notice of Conversion/Continuation”) in the form of Exhibit 2.5(e). (f) Anything herein to the contrary notwithstanding, the obligations of Borrower hereunder shall be subject to the limitation that payments of interest shall not be required, for any period for which interest is computed hereunder, to the extent (but only to the extent) that contracting for or receiving such payment by the respective Lender would be contrary to the provisions of any law applicable to such LIBOR Portion Lender limiting the highest rate of interest which may be lawfully contracted for, charged or (ii) the 90th day of received by such LIBOR PeriodLender, and in such event Borrower shall pay such Lender interest at maturity the highest rate permitted by applicable law (whether by acceleration or otherwisethe “Maximum Lawful Rate”). Each change in ; provided, however, that if at any time thereafter the rate of interest payable hereunder is less than the Maximum Lawful Rate, Borrower shall continue to pay interest hereunder at the Maximum Lawful Rate until such time as the total interest received by Agent, on any portion behalf of Lenders, is equal to the outstanding principal balance total interest that would have been received had the interest rate payable hereunder been (but for the operation of this paragraph) the Revolving Credit Notes which is not then subject to a LIBOR Option interest rate payable since the Closing Date as otherwise provided in this Agreement. Thereafter, interest hereunder shall take effect simultaneously with be paid at the corresponding change rate(s) of interest and in the Base manner provided in Sections 2.5(a) through (e), unless and until the rate of interest again exceeds the Maximum Lawful Rate, and at that time this paragraph shall again apply. Notwithstanding anything contained herein or in any other Loan Document to the contrary, in In no event shall the total interest received by any Lender pursuant to the terms hereof exceed the amount paid or agreed that such Lender could lawfully have received had the interest due hereunder been calculated for the full term hereof at the Maximum Lawful Rate. If the Maximum Lawful Rate is calculated pursuant to this paragraph, such interest shall be paid calculated at a daily rate equal to the Maximum Lawful Rate divided by the number of days in the year in which such calculation is made. If, notwithstanding the provisions of this Section 2.5(f), a court of competent jurisdiction shall finally determine that a Lender has received interest hereunder in excess of the Maximum Lawful Rate, Agent shall, to the extent permitted by applicable law, promptly apply such excess in the order specified in Section 2.9 and thereafter shall refund any excess to Borrower or as interest on the Revolving Credit Loans exceed the highest lawful rate permissible under any law applicable theretoa court of competent jurisdiction may otherwise order.

Interest; Applicable Margins. (a) The Revolving Credit Notes Borrower shall pay interest to Agent, for the ratable benefit of Lenders, in arrears on each applicable Interest Payment Date, at the following rates of interest on the unpaid principal amount of each (provided that following a Demand Failure Event, the Loans shall bear interest at the Total Cap): (computed i) EURIBOR Loans at EURIBOR plus the EURIBOR Margin. (ii) Senior Unsecured Term Loan at the Total Cap. (b) If any payment on any Loan becomes due and payable on a day other than a Business Day, the maturity thereof will be extended to the next succeeding Business Day (except as set forth in the definition of EURIBOR Period), and, with respect to payments of principal, interest thereon shall be payable at the then applicable rate during such extension. (c) All computations of Fees are calculated on a per annum basis and interest shall be made by Agent on the basis of a 360-day year, in each case for the actual number of days elapsed over a 360-day yearoccurring in the period for which such interest and Fees are payable. Each determination by Agent of an interest rate and Fees hereunder shall be presumptive evidence of the correctness of such rates and Fees. (d) on All overdue amounts not paid when due hereunder shall bear interest in an amount equal to two percentage points (2.00%) per annum above the unpaid principal amount thereof until paid in full at rates of interest or the rate or rates per annum determined as follows:of such Fees otherwise applicable hereunder unless Agent and Requisite Lenders elect to impose a smaller increase (the “Default Rate”), accruing from the initial date of such non-payment until such payment is made and shall be payable upon demand. (ie) The per annum rate for Subject to the conditions precedent set forth in Section 3.2 (and in all instances excluding Senior Unsecured Term Loans), Borrower shall have the option to continue all or any portion of any Loan as a EURIBOR Loan upon the outstanding principal balance expiration of the Revolving Credit Notes which is not then subject to a LIBOR Option applicable EURIBOR Period and the succeeding EURIBOR Period of that continued Loan shall be equal to the Applicable Base Rate Margin (as hereinafter defined in subsection 1.4(c)) plus the Base Rate; and (ii) The per annum rate for any LIBOR Portion shall be equal to the Applicable LIBOR Margin (as hereinafter defined in subsection 1.4(c)) plus the LIBOR Rate. (b) Interest on any portion of the Revolving Credit Notes accruing interest based on the Base Rate shall be payable monthly in arrears commence on the first day of each month, commencing on the first such date next succeeding the date of issuance of the Revolving Credit Notes, and interest on any LIBOR Portion of the Revolving Credit Notes shall be payable on the earlier to occur of (i) after the last day of the LIBOR EURIBOR Period of the Loan to be continued; provided, however, that no Loan shall be continued at the end of the EURIBOR Period applicable thereto as a EURIBOR Loan for a EURIBOR Period of longer than one (1) month if any Event of Default has occurred and is continuing. Any Loan or group of Loans having the same proposed EURIBOR Period to be made or continued as a EURIBOR Loan must be in a minimum amount of €5,000,000 and integral multiples of €1,000,000 in excess of such amount. Any such election to continue a EURIBOR Loan must be made by 4:00 p.m. (London time) on the fourth Business Day prior to the end of each EURIBOR Period with respect to any EURIBOR Loans to be continued as such. If no election is received with respect to a EURIBOR Loan by 4:00 p.m. (London time) on the fourth Business Day prior to the end of the EURIBOR Period with respect thereto (or if an Event of Default has occurred and is continuing or if the additional conditions precedent set forth in Section 3.2 shall not have been satisfied), that EURIBOR Loan shall be converted to a EURIBOR Loan with a EURIBOR Period of one (1) month at the end of its EURIBOR Period. Borrower must make such election by notice to Agent in writing, by fax or overnight courier. In the case of any continuation, such election must be made pursuant to a written notice (a “Notice of Continuation”) in the form of Exhibit 2.5(e). For the avoidance of doubt, this Section 2.5(e) shall not apply to Senior Unsecured Term Loans. (f) Anything herein to the contrary notwithstanding, the obligations of Borrower hereunder shall be subject to the limitation that payments of interest shall not be required, for any period for which interest is computed hereunder, to the extent (but only to the extent) that contracting for or receiving such payment by the respective Lender would be contrary to the provisions of any law applicable to such LIBOR Portion Lender limiting the highest rate of interest which may be lawfully contracted for, charged or (ii) the 90th day of received by such LIBOR PeriodLender, and in such event Borrower shall pay such Lender interest at maturity the highest rate permitted by applicable law (whether by acceleration or otherwisethe “Maximum Lawful Rate”). Each change in ; provided, however, that if at any time thereafter the rate of interest payable hereunder is less than the Maximum Lawful Rate, Borrower shall continue to pay interest hereunder at the Maximum Lawful Rate until such time as the total interest received by Agent, on any portion behalf of Lenders, is equal to the outstanding principal balance total interest that would have been received had the interest rate payable hereunder been (but for the operation of this paragraph) the Revolving Credit Notes which is not then subject to a LIBOR Option interest rate payable since the Effective Date as otherwise provided in this Agreement. Thereafter, interest hereunder shall take effect simultaneously with be paid at the corresponding change rate(s) of interest and in the Base manner provided in Sections 2.5(a) through (e), unless and until the rate of interest again exceeds the Maximum Lawful Rate, and at that time this paragraph shall again apply. Notwithstanding anything contained herein or in any other Loan Document to the contrary, in In no event shall the total interest received by any Lender pursuant to the terms hereof exceed the amount paid or agreed that such Lender could lawfully have received had the interest due hereunder been calculated for the full term hereof at the Maximum Lawful Rate. If the Maximum Lawful Rate is calculated pursuant to this paragraph, such interest shall be paid calculated at a daily rate equal to the Maximum Lawful Rate divided by the number of days in the year in which such calculation is made. If, notwithstanding the provisions of this Section 2.5(f), a court of competent jurisdiction shall finally determine that a Lender has received interest hereunder in excess of the Maximum Lawful Rate, Agent shall, to the extent permitted by applicable law, promptly apply such excess in the order specified in Section 2.9 and thereafter shall refund any excess to Borrower or as interest on the Revolving Credit Loans exceed the highest lawful rate permissible under any law applicable theretoa court of competent jurisdiction may otherwise order.

Interest; Applicable Margins. (a) The Revolving Credit Notes Borrowers shall bear pay interest to Agent, for the ratable benefit of Lenders, in arrears on each applicable Interest Payment Date, at the following rates of interest on the unpaid principal amount of each: (computed i) Base Rate Loan made to Borrowers at the (x) Base Rate, with respect to Base Rate Loans made in Dollars, plus the Base Rate Margin and (y) Canadian Base Rate, with respect to Canadian Base Rate Loans made in Canadian Dollars, plus the Base Rate Margin. (ii) LIBOR Loans at the (x) LIBOR Rate, with respect to LIBOR Rate Loans denominated in Dollars, plus the LIBOR Margin and (y) BA Rate, with respect to BA RateLIBOR Loans denominated in Canadian Dollars, plus the LIBOR Margin. (b) If any payment on any Loan becomes due and payable on a day other than a Business Day, the maturity thereof will be extended to the next succeeding Business Day (except as set forth in the definition of LIBOR Period), and, with respect to payments of principal, interest thereon shall be payable at the then applicable rate during such extension. (c) All computations of Fees are calculated on a per annum basis and interest shall be made by Agent on the basis of a 360-day year, in each case for the actual number of days elapsed over a 360-day year) occurring in the period for which such interest and Fees are payable, except that with respect to Base Rate Loans and LIBOR Loans made at the BA Rate based on the unpaid principal prime or base commercial lending rate the interest thereon shall be calculated on the basis of a 365- (or 366-, as the case may be) day year for the actual days elapsed. The (a) Base Rate, with respect to Base Rate Loans made in Dollars, and (b) Canadian Base Rate, with respect to Canadian Base Rate Loans made in Canadian Dollars, is a floating rate determined for each day. Each determination by Agent of an interest rate and Fees hereunder shall be presumptive evidence of the correctness of such rates and Fees. (d) All overdue amounts not paid when due hereunder shall bear interest in an amount thereof until paid in full at equal to two percentage points (2.00%) per annum above the rates of interest or the rate or rates per annum determined as follows:of such Fees otherwise applicable hereunder unless Agent and Requisite Lenders elect to impose a smaller increase (the “Default Rate”), accruing from the initial date of such non-payment until such payment is made and shall be payable upon demand. (e) Borrower Representative shall have the option to (i) The per annum rate for request that any Revolving Credit Advance be made as a LIBOR Loan or a Base Rate Loan, (ii) convert at any time all or any part of outstanding Loans (other than the Swing Line Loan) from Base Rate Loans to LIBOR Loans, (iii) convert any LIBOR Loan to a Base Rate Loan and subject to payment of LIBOR breakage costs in accordance with Section 2.11(b) if such conversion is made prior to the expiration of the LIBOR Period applicable thereto, or (iv) continue all or any portion of any Loan (other than the outstanding principal balance Swing Line Loan) as a LIBOR Loan upon the expiration of the Revolving Credit Notes which is not then subject to a applicable LIBOR Option Period and the succeeding LIBOR Period of that continued Loan shall be equal to the Applicable Base Rate Margin (as hereinafter defined in subsection 1.4(c)) plus the Base Rate; and (ii) The per annum rate for any LIBOR Portion shall be equal to the Applicable LIBOR Margin (as hereinafter defined in subsection 1.4(c)) plus the LIBOR Rate. (b) Interest on any portion of the Revolving Credit Notes accruing interest based on the Base Rate shall be payable monthly in arrears commence on the first day of each month, commencing on the first such date next succeeding the date of issuance of the Revolving Credit Notes, and interest on any LIBOR Portion of the Revolving Credit Notes shall be payable on the earlier to occur of (i) after the last day of the LIBOR Period of the Loan to be continued; provided, however, that no Revolving Credit Advance shall be converted to, or continued at the end of the LIBOR Period applicable thereto as a LIBOR Loan for a LIBOR Period of longer than one (1) month if any Event of Default has occurred and is continuing. Any Loan or group of Loans having the same proposed LIBOR Period to be made or continued as, or converted into, a LIBOR Loan must be in a minimum amount (i) with respect to LIBOR Loans madedenominated in Dollars, of $5,000,000 and integral multiples of $1,000,000 in excess of such amount and (ii) with respect to BA RateLIBOR Loans denominated in Canadian Dollars, a minimum amount of C$5,000,000 and integral multiples of C$1,000,000 in excess of such amount. Any such election must be made by 11:00 a.m. (New York time) on the third Business Day prior to (1) the date of any proposed Advance which is to bear interest at the (x) LIBOR Rate, with respect to LIBOR Loans denominated in Dollars and (y) BA Rate, with respect to LIBOR Loans denominated in Canadian Dollars, (2) the end of each LIBOR Period with respect to any LIBOR Loans to be continued as such, or (3) the date on which Borrower Representative wishes to convert any Base Rate Loan to a LIBOR Loan for a LIBOR Period designated by Borrower Representative in such election. If no election is received with respect to a LIBOR Loan by 11:00 a.m. (New York time) on the third Business Day prior to the end of the LIBOR Period with respect thereto (or if an Event of Default has occurred and is continuing or if the additional conditions precedent set forth in Section 3.2 shall not have been satisfied), that LIBOR Loan shall be converted to a LIBOR Loan with a LIBOR Period of one (1) month at the end of its LIBOR Period. Borrower Representative must make such election by notice to Agent in writing, by fax or overnight courier. In the case of any conversion or continuation, such election must be made pursuant to a written notice (a “Notice of Conversion/Continuation”) in the form of Exhibit 2.5(e). (f) Anything herein to the contrary notwithstanding, the obligations of Borrowers hereunder shall be subject to the limitation that payments of interest shall not be required, for any period for which interest is computed hereunder, to the extent (but only to the extent) that contracting for or receiving such payment by the respective Lender would be contrary to the provisions of any law applicable to such LIBOR Portion Lender (including, without limitation, Criminal Code (Canada)) limiting the highest rate of interest which may be lawfully contracted for, charged or (ii) the 90th day of received by such LIBOR PeriodLender, and in such event Borrowers shall pay such Lender interest at maturity the highest rate permitted by applicable law (whether by acceleration or otherwisethe “Maximum Lawful Rate”). Each change in ; provided, however, that if at any time thereafter the rate of interest payable hereunder is less than the Maximum Lawful Rate, Borrowers shall continue to pay interest hereunder at the Maximum Lawful Rate until such time as the total interest received by Agent, on any portion behalf of Lenders, is equal to the outstanding principal balance total interest that would have been received had the interest rate payable hereunder been (but for the operation of this paragraph) the Revolving Credit Notes which is not then subject to a LIBOR Option interest rate payable since the RestatementAmendment No. 3 Effective Date as otherwise provided in this Agreement. Thereafter, interest hereunder shall take effect simultaneously with be paid at the corresponding change rate(s) of interest and in the Base manner provided in Sections 2.5(a) through (e), unless and until the rate of interest again exceeds the Maximum Lawful Rate, and at that time this paragraph shall again apply. Notwithstanding anything contained herein or in any other Loan Document to the contrary, in In no event shall the total interest received by any Lender pursuant to the terms hereof exceed the amount paid or agreed that such Lender could lawfully have received had the interest due hereunder been calculated for the full term hereof at the Maximum Lawful Rate. If the Maximum Lawful Rate is calculated pursuant to this paragraph, such interest shall be paid calculated at a daily rate equal to the Maximum Lawful Rate divided by the Borrower number of days in the year in which such calculation is made. If, notwithstanding the provisions of this Section 2.5(f), a court of competent jurisdiction shall finally determine that a Lender has received interest hereunder in excess of the Maximum Lawful Rate, Agent shall, to the extent permitted by applicable law, promptly apply such excess in the order specified in Section 2.9 and thereafter shall refund any excess to Borrowers or as interest on the Revolving Credit Loans exceed the highest lawful rate permissible under any law applicable theretoa court of competent jurisdiction may otherwise order.

Interest; Applicable Margins. (a) The Revolving Credit Notes Borrower shall bear pay interest to Agent, for the ratable benefit of Lenders, in arrears on each applicable Interest Payment Date, at the following rates of interest on the unpaid principal amount of each: (computed i) Base Rate Loans at the Base Rate plus the Base Rate Margin. (ii) LIBOR Loans at the LIBOR Rate plus the LIBOR Margin. (iii) Term SOFR Loans at Term SOFR plus the Term SOFR Margin. (b) If any payment on any Loan becomes due and payable on a day other than a Business Day, the maturity thereof will be extended to the next succeeding Business Day (except as set forth in the definition of LIBOR Period or Interest Period, as applicable), and, with respect to payments of principal, interest thereon shall be payable at the then applicable rate during such extension. (c) All computations of Fees are calculated on a per annum basis and interest shall be made by Agent on the basis of a 360-day year, in each case for the actual number of days elapsed over a 360-day year) occurring in the period for which such interest and Fees are payable, except that with respect to Base Rate Loans based on the unpaid principal prime or base commercial lending rate the interest thereon shall be calculated on the basis of a 365- (or 366-, as the case may be) day year for the actual days elapsed. Each determination by Agent of an interest rate and Fees hereunder shall be presumptive evidence of the correctness of such rates and Fees. (d) All overdue amounts not paid when due hereunder shall bear interest in an amount thereof until paid in full at equal to two percentage points (2.00%) per annum above the rates of interest or the rate or rates per annum determined as follows:of such Fees otherwise applicable hereunder unless Agent and Requisite Lenders elect to impose a smaller increase (the “Default Rate”), accruing from the initial date of such non-payment until such payment is made and shall be payable upon demand. (A) With respect to any Term B Loan, Borrower shall have the option to (i) The per annum rate for request that any loan be made as a LIBOR Loan or a Base Rate Loan, (ii) convert any Base Rate Loan to a LIBOR Loan, (iii) convert any LIBOR Loan to a Base Rate Loan subject to payment of LIBOR breakage costs in accordance with Section 2.11(b) if such conversion is made prior to the expiration of the LIBOR Period applicable thereto, or (iv) continue all or any portion of any Loan as a LIBOR Loan upon the outstanding principal balance expiration of the Revolving Credit Notes which is not then subject to a applicable LIBOR Option Period and the succeeding LIBOR Period of that continued Loan shall be equal to the Applicable Base Rate Margin (as hereinafter defined in subsection 1.4(c)) plus the Base Rate; and (ii) The per annum rate for any LIBOR Portion shall be equal to the Applicable LIBOR Margin (as hereinafter defined in subsection 1.4(c)) plus the LIBOR Rate. (b) Interest on any portion of the Revolving Credit Notes accruing interest based on the Base Rate shall be payable monthly in arrears commence on the first day of each month, commencing on the first such date next succeeding the date of issuance of the Revolving Credit Notes, and interest on any LIBOR Portion of the Revolving Credit Notes shall be payable on the earlier to occur of (i) after the last day of the LIBOR Period of the Loan to be continued; provided, however, that no Loan shall be converted to, or continued at the end of the LIBOR Period applicable thereto as a LIBOR Loan for a LIBOR Period of longer than one (1) month if any Event of Default has occurred and is continuing. Any Loan or group of Loans having the same proposed LIBOR Period to be made or continued as, or converted into, a LIBOR Loan must be in a minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of such amount. Any such election must be made by 11:00 a.m. (New York time) on the third Business Day prior to (1) the date of any proposed Loan which is to bear interest at the LIBOR Rate, (2) the end of each LIBOR Period with respect to any LIBOR Loans to be continued as such, or (3) the date on which Borrower wishes to convert any Base Rate Loan to a LIBOR Loan for a LIBOR Period designated by Borrower in such election. If no election is received with respect to a LIBOR Loan by 11:00 a.m. (New York time) on the third Business Day prior to the end of the LIBOR Period with respect thereto (or if an Event of Default has occurred and is continuing or if the additional conditions precedent set forth in Section 3.1 shall not have been satisfied), that LIBOR Loan shall be converted to a LIBOR Loan with a LIBOR Period of one month at the end of its LIBOR Period. Bxxxxxxx must make such election by notice to Agent in writing, by fax or overnight courier. In the case of any conversion or continuation, such election must be made pursuant to a written notice (a “Notice of Conversion/Continuation”) in the form of Exhibit 2.5(e). (B) With respect to any Term B-2 Loan or Term B-3 Loan, Borrower shall have the option to (i) request that any loan be made as a Term SOFR Loan or a Base Rate Loan, (ii) convert any Base Rate Loan to a Term SOFR Loan, (iii) convert any Term SOFR Loan to a Base Rate Loan subject to payment of Term SOFR breakage costs in accordance with Section 2.11(b) if such conversion is made prior to the expiration of the Interest Period applicable thereto, or (iv) continue all or any portion of any Loan as a Term SOFR Loan upon the expiration of the applicable Interest Period and the succeeding Interest Period of that continued Loan shall commence on the first day after the last day of the Interest Period of the Loan to be continued; provided, however, that no Loan shall be converted to, or continued at the end of the Interest Period applicable thereto as a Term SOFR Loan for an Interest Period of longer than one (1) month if any Event of Default has occurred and is continuing. Any Loan or group of Loans having the same proposed Interest Period to be made or continued as, or converted into, a Term SOFR Loan must be in a minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of such amount. Any such election must be made by 11:00 a.m. (New York time) on the third Business Day prior to (1) the date of any proposed Loan which is to bear interest at Term SOFR, (2) the end of each Interest Period with respect to any Term SOFR Loans to be continued as such, or (3) the date on which Borrower wishes to convert any Base Rate Loan to a Term SOFR Loan for an Interest Period designated by Borrower in such election. If no election is received with respect to a Term SOFR Loan by 11:00 a.m. (New York time) on the third Business Day prior to the end of the Interest Period with respect thereto (or if an Event of Default has occurred and is continuing), that Term SOFR Loan shall be converted to a Term SOFR Loan with an Interest Period of one month at the end of its Interest Period. Bxxxxxxx must make such election by notice to Agent in writing, by fax or overnight courier. In the case of any conversion or continuation, such election must be made pursuant to a Notice of Conversion/Continuation. (f) Anything herein to the contrary notwithstanding, the obligations of Borrower hereunder shall be subject to the limitation that payments of interest shall not be required, for any period for which interest is computed hereunder, to the extent (but only to the extent) that contracting for or receiving such payment by the respective Lender would be contrary to the provisions of any law applicable to such LIBOR Portion Lender limiting the highest rate of interest which may be lawfully contracted for, charged or (ii) the 90th day of received by such LIBOR PeriodLender, and in such event Borrower shall pay such Lender interest at maturity the highest rate permitted by applicable law (whether by acceleration or otherwisethe “Maximum Lawful Rate”). Each change in ; provided, however, that if at any time thereafter the rate of interest payable hereunder is less than the Maximum Lawful Rate, Borrower shall continue to pay interest hereunder at the Maximum Lawful Rate until such time as the total interest received by Agent, on any portion behalf of Lenders, is equal to the outstanding principal balance total interest that would have been received had the interest rate payable hereunder been (but for the operation of this paragraph) the Revolving Credit Notes which is not then subject to a LIBOR Option interest rate payable since the Closing Date as otherwise provided in this Agreement. Thereafter, interest hereunder shall take effect simultaneously with be paid at the corresponding change rate(s) of interest and in the Base manner provided in Sections 2.5(a) through (e), unless and until the rate of interest again exceeds the Maximum Lawful Rate, and at that time this paragraph shall again apply. Notwithstanding anything contained herein or in any other Loan Document to the contrary, in In no event shall the total interest received by any Lender pursuant to the terms hereof exceed the amount paid or agreed that such Lxxxxx could lawfully have received had the interest due hereunder been calculated for the full term hereof at the Maximum Lawful Rate. If the Maximum Lawful Rate is calculated pursuant to this paragraph, such interest shall be paid calculated at a daily rate equal to the Maximum Lawful Rate divided by the number of days in the year in which such calculation is made. If, notwithstanding the provisions of this Section 2.5(f), a court of competent jurisdiction shall finally determine that a Lender has received interest hereunder in excess of the Maximum Lawful Rate, Agent shall, to the extent permitted by applicable law, promptly apply such excess in the order specified in Section 2.9 and thereafter shall refund any excess to Borrower or as interest on the Revolving Credit Loans exceed the highest lawful rate permissible under any law applicable theretoa court of competent jurisdiction may otherwise order.

Interest; Applicable Margins. (a) The Revolving Credit Notes Borrowers shall bear pay interest to Agent, for the ratable benefit of Lenders, in arrears on each applicable Interest Payment Date, at the following rates of interest on the unpaid principal amount of each: (computed i) Base Rate Loan made to Borrowers at the (x) Base Rate, with respect to Base Rate Loans made in Dollars, plus the Base Rate Margin and (y) Canadian Base Rate, with respect to Canadian Base Rate Loans made in Canadian Dollars, plus the Base Rate Margin. (ii) LIBOR Loans at the (x) LIBOR Rate, with respect to LIBOR Loans denominated in Dollars, plus the LIBOR Margin and (y) BA Rate, with respect to LIBOR Loans denominated in Canadian Dollars, plus the LIBOR Margin. (b) If any payment on any Loan becomes due and payable on a day other than a Business Day, the maturity thereof will be extended to the next succeeding Business Day (except as set forth in the definition of LIBOR Period), and, with respect to payments of principal, interest thereon shall be payable at the then applicable rate during such extension. (c) All computations of Fees are calculated on a per annum basis and interest shall be made by Agent on the basis of a 360-day year, in each case for the actual number of days elapsed over a 360-day year) occurring in the period for which such interest and Fees are payable, except that with respect to Base Rate Loans and LIBOR Loans made at the BA Rate based on the unpaid principal prime or base commercial lending rate the interest thereon shall be calculated on the basis of a 365- (or 366-, as the case may be) day year for the actual days elapsed. The (a) Base Rate, with respect to Base Rate Loans made in Dollars, and (b) Canadian Base Rate, with respect to Canadian Base Rate Loans made in Canadian Dollars, is a floating rate determined for each day. Each determination by Agent of an interest rate and Fees hereunder shall be presumptive evidence of the correctness of such rates and Fees. (d) All overdue amounts not paid when due hereunder shall bear interest in an amount thereof until paid in full at equal to two percentage points (2.00%) per annum above the rates of interest or the rate or rates per annum determined as follows:of such Fees otherwise applicable hereunder unless Agent and Requisite Lenders elect to impose a smaller increase (the “Default Rate”), accruing from the initial date of such non-payment until such payment is made and shall be payable upon demand. (e) Borrower Representative shall have the option to (i) The per annum rate for request that any Revolving Credit Advance be made as a LIBOR Loan or a Base Rate Loan, (ii) convert at any time all or any part of outstanding Loans (other than the Swing Line Loan) from Base Rate Loans to LIBOR Loans, (iii) convert any LIBOR Loan to a Base Rate Loan and subject to payment of LIBOR breakage costs in accordance with Section 2.11(b) if such conversion is made prior to the expiration of the LIBOR Period applicable thereto, or (iv) continue all or any portion of any Loan (other than the outstanding principal balance Swing Line Loan) as a LIBOR Loan upon the expiration of the Revolving Credit Notes which is not then subject to a applicable LIBOR Option Period and the succeeding LIBOR Period of that continued Loan shall be equal to the Applicable Base Rate Margin (as hereinafter defined in subsection 1.4(c)) plus the Base Rate; and (ii) The per annum rate for any LIBOR Portion shall be equal to the Applicable LIBOR Margin (as hereinafter defined in subsection 1.4(c)) plus the LIBOR Rate. (b) Interest on any portion of the Revolving Credit Notes accruing interest based on the Base Rate shall be payable monthly in arrears commence on the first day of each month, commencing on the first such date next succeeding the date of issuance of the Revolving Credit Notes, and interest on any LIBOR Portion of the Revolving Credit Notes shall be payable on the earlier to occur of (i) after the last day of the LIBOR Period of the Loan to be continued; provided, however, that no Revolving Credit Advance shall be converted to, or continued at the end of the LIBOR Period applicable thereto as a LIBOR Loan for a LIBOR Period of longer than one (1) month if any Event of Default has occurred and is continuing. Any Loan or group of Loans having the same proposed LIBOR Period to be made or continued as, or converted into, a LIBOR Loan must be in a minimum amount (i) with respect to LIBOR Loans denominated in Dollars, of $5,000,000 and integral multiples of $1,000,000 in excess of such amount and (ii) with respect to LIBOR Loans denominated in Canadian Dollars, of C$5,000,000 and integral multiples of C$1,000,000 in excess of such amount. Any such election must be made by 11:00 a.m. (New York time) on the third Business Day prior to (1) the date of any proposed Advance which is to bear interest at the (x) LIBOR Rate, with respect to LIBOR Loans denominated in Dollars and (y) BA Rate, with respect to LIBOR Loans denominated in Canadian Dollars, (2) the end of each LIBOR Period with respect to any LIBOR Loans to be continued as such, or (3) the date on which Borrower Representative wishes to convert any Base Rate Loan to a LIBOR Loan for a LIBOR Period designated by Borrower Representative in such election. If no election is received with respect to a LIBOR Loan by 11:00 a.m. (New York time) on the third Business Day prior to the end of the LIBOR Period with respect thereto (or if an Event of Default has occurred and is continuing), that LIBOR Loan shall be converted to a LIBOR Loan with a LIBOR Period of one (1) month at the end of its LIBOR Period. Borrower Representative must make such election by notice to Agent in writing, by fax or overnight courier. In the case of any conversion or continuation, such election must be made pursuant to a written notice (a “Notice of Conversion/Continuation”) in the form of Exhibit 2.5(e). (f) Anything herein to the contrary notwithstanding, the obligations of Borrowers hereunder shall be subject to the limitation that payments of interest shall not be required, for any period for which interest is computed hereunder, to the extent (but only to the extent) that contracting for or receiving such payment by the respective Lender would be contrary to the provisions of any law applicable to such LIBOR Portion Lender (including, without limitation, Criminal Code (Canada)) limiting the highest rate of interest which may be lawfully contracted for, charged or (ii) the 90th day of received by such LIBOR PeriodLender, and in such event Borrowers shall pay such Lender interest at maturity the highest rate permitted by applicable law (whether by acceleration or otherwisethe “Maximum Lawful Rate”). Each change in ; provided, however, that if at any time thereafter the rate of interest payable hereunder is less than the Maximum Lawful Rate, Borrowers shall continue to pay interest hereunder at the Maximum Lawful Rate until such time as the total interest received by Agent, on any portion behalf of Lenders, is equal to the outstanding principal balance total interest that would have been received had the interest rate payable hereunder been (but for the operation of this paragraph) the Revolving Credit Notes which is not then subject to a LIBOR Option interest rate payable since the Amendment No. 36 Effective Date as otherwise provided in this Agreement. Thereafter, interest hereunder shall take effect simultaneously with be paid at the corresponding change rate(s) of interest and in the Base manner provided in Sections 2.5(a) through (e), unless and until the rate of interest again exceeds the Maximum Lawful Rate, and at that time this paragraph shall again apply. Notwithstanding anything contained herein or in any other Loan Document to the contrary, in In no event shall the total interest received by any Lender pursuant to the terms hereof exceed the amount paid or agreed that such Lender could lawfully have received had the interest due hereunder been calculated for the full term hereof at the Maximum Lawful Rate. If the Maximum Lawful Rate is calculated pursuant to this paragraph, such interest shall be paid calculated at a daily rate equal to the Maximum Lawful Rate divided by the Borrower number of days in the year in which such calculation is made. If, notwithstanding the provisions of this Section 2.5(f), a court of competent jurisdiction shall finally determine that a Lender has received interest hereunder in excess of the Maximum Lawful Rate, Agent shall, to the extent permitted by applicable law, promptly apply such excess in the order specified in Section 2.9 and thereafter shall refund any excess to Borrowers or as interest on the Revolving Credit Loans exceed the highest lawful rate permissible under any law applicable theretoa court of competent jurisdiction may otherwise order.

Interest; Applicable Margins. (a) The Revolving Credit Notes Borrower shall bear pay interest to Agent, for the ratable benefit of Lenders, in arrears on each applicable Interest Payment Date, at the following rates of interest on the unpaid principal amount of each: (computed i) Base Rate Loans at the Base Rate plus the Base Rate Margin. (ii) LIBOR Loans at the LIBOR Rate plus the LIBOR Margin. (iii) Term SOFR Loans at Term SOFR plus the Term SOFR Margin. (b) If any payment on any Loan becomes due and payable on a day other than a Business Day, the maturity thereof will be extended to the next succeeding Business Day (except as set forth in the definition of LIBOR Period or Interest Period, as applicable), and, with respect to payments of principal, interest thereon shall be payable at the then applicable rate during such extension. (c) All computations of Fees are calculated on a per annum basis and interest shall be made by Agent on the basis of a 360-day year, in each case for the actual number of days elapsed over a 360-day year) occurring in the period for which such interest and Fees are payable, except that with respect to Base Rate Loans based on the unpaid principal prime or base commercial lending rate the interest thereon shall be calculated on the basis of a 365- (or 366-, as the case may be) day year for the actual days elapsed. Each determination by Agent of an interest rate and Fees hereunder shall be presumptive evidence of the correctness of such rates and Fees. (d) All overdue amounts not paid when due hereunder shall bear interest in an amount thereof until paid in full at equal to two percentage points (2.00%) per annum above the rates of interest or the rate or rates per annum determined as follows:of such Fees otherwise applicable hereunder unless Agent and Requisite Lenders elect to impose a smaller increase (the “Default Rate”), accruing from the initial date of such non-payment until such payment is made and shall be payable upon demand. (e) Borrower shall have the option(A) With respect to any Term B Loan, Borrower shall have the option to (i) The per annum rate for request that any loan be made as a LIBOR Loan or a Base Rate Loan, (ii) convert any Base Rate Loan to a LIBOR Loan, (iii) convert any LIBOR Loan to a Base Rate Loan subject to payment of LIBOR breakage costs in accordance with Section 2.11(b) if such conversion is made prior to the expiration of the LIBOR Period applicable thereto, or (iv) continue all or any portion of any Loan as a LIBOR Loan upon the outstanding principal balance expiration of the Revolving Credit Notes which is not then subject to a applicable LIBOR Option Period and the succeeding LIBOR Period of that continued Loan shall be equal to the Applicable Base Rate Margin (as hereinafter defined in subsection 1.4(c)) plus the Base Rate; and (ii) The per annum rate for any LIBOR Portion shall be equal to the Applicable LIBOR Margin (as hereinafter defined in subsection 1.4(c)) plus the LIBOR Rate. (b) Interest on any portion of the Revolving Credit Notes accruing interest based on the Base Rate shall be payable monthly in arrears commence on the first day of each month, commencing on the first such date next succeeding the date of issuance of the Revolving Credit Notes, and interest on any LIBOR Portion of the Revolving Credit Notes shall be payable on the earlier to occur of (i) after the last day of the LIBOR Period of the Loan to be continued; provided, however, that no Loan shall be converted to, or continued at the end of the LIBOR Period applicable thereto as a LIBOR Loan for a LIBOR Period of longer than one (1) month if any Event of Default has occurred and is continuing. Any Loan or group of Loans having the same proposed LIBOR Period to be made or continued as, or converted into, a LIBOR Loan must be in a minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of such amount. Any such election must be made by 11:00 a.m. (New York time) on the third Business Day prior to (1) the date of any proposed Loan which is to bear interest at the LIBOR Portion Rate, (2) the end of each LIBOR Period with respect to any LIBOR Loans to be continued as such, or (ii3) the 90th day of such LIBOR Period, and at maturity (whether by acceleration or otherwise). Each change in the rate of interest payable date on which Borrower wishes to convert any portion of the outstanding principal balance of the Revolving Credit Notes which is not then subject Base Rate Loan to a LIBOR Option Loan for a LIBOR Period designated by Borrower in such election. If no election is received with respect to a LIBOR Loan by 11:00 a.m. (New York time) on the third Business Day prior to the end of the LIBOR Period with respect thereto (or if an Event of Default has occurred and is continuing or if the additional conditions precedent set forth in Section 3.1 shall take effect simultaneously not have been satisfied), that LIBOR Loan shall be converted to a LIBOR Loan with a LIBOR Period of one month at the corresponding change end of its LIBOR Period. Xxxxxxxx must make such election by notice to Agent in writing, by fax or overnight courier. In the case of any conversion or continuation, such election must be made pursuant to a written notice (a “Notice of Conversion/Continuation”) in the Base Rate. Notwithstanding anything contained herein or in any other Loan Document to the contrary, in no event shall the amount paid or agreed to be paid by the Borrower as interest on the Revolving Credit Loans exceed the highest lawful rate permissible under any law applicable theretoform of Exhibit 2.5(e).

Interest; Applicable Margins. (a) The Revolving Credit Notes Borrowers shall bear pay interest to Agent, for the ratable benefit of Lenders, in arrears on each applicable Interest Payment Date, at the following rates of interest on the unpaid principal amount of each: (computed i) Base Rate Loan made to Borrowers at the (x) Base Rate, with respect to Base Rate Loans made in Dollars, plus the Base Rate Margin and (y) Canadian Base Rate, with respect to Canadian Base Rate Loans made in Canadian Dollars, plus the Base Rate Margin. (ii) LIBORBA Loans at the (x) LIBORBA Rate, with respect to LIBORBA Loans denominated in Canadian Dollars, plus the LIBORTerm Rate Margin and (y) BA Rate, with respect to LIBOR Loans denominated in Canadian Dollars (iii) Term SOFR Loans at the Term SOFR, plus the LIBORTerm Rate Margin. (b) If any payment on any Loan becomes due and payable on a day other than a Business Day, the maturity thereof will be extended to the next succeeding Business Day (except as set forth in the definition of LIBORInterest Period), and, with respect to payments of principal, interest thereon shall be payable at the then applicable rate during such extension. (c) All computations of Fees are calculated on a per annum basis and interest shall be made by Agent on the basis of a 360-day year, in each case for the actual number of days elapsed over a 360-day year) occurring in the period for which such interest and Fees are payable, except that with respect to Base Rate Loans and LIBORBA Loans made at the BA Rate based on the unpaid principal prime or base commercial lending rate the interest thereon shall be calculated on the basis of a 365- (or 366-, as the case may be) day year for the actual days elapsed. The (a) Base Rate, with respect to Base Rate Loans made in Dollars, and (b) Canadian Base Rate, with respect to Canadian Base Rate Loans made in Canadian Dollars, is a floating rate determined for each day. Each determination by Agent of an interest rate and Fees hereunder shall be presumptive evidence of the correctness of such rates and Fees. (d) All overdue amounts not paid when due hereunder shall bear interest in an amount thereof until paid in full at equal to two percentage points (2.00%) per annum above the rates of interest or the rate or rates per annum determined as follows:of such Fees otherwise applicable hereunder unless Agent and Requisite Lenders elect to impose a smaller increase (the “Default Rate”), accruing from the initial date of such non-payment until such payment is made and shall be payable upon demand. (e) Borrower Representative shall have the option to (i) The per annum rate for request that any Revolving Credit Advance be made as a LIBORTerm SOFR Loan, a BA Loan or a Base Rate Loan, (ii) convert at any time all or any part of outstanding Loans (other than the Swing Line Loan) from Base Rate Loans to LIBORTerm SOFR Loans or BA Loans, in each case denominated in the same currency, (iii) convert any LIBORTerm SOFR Loan to a BA Loan or a Base Rate Loan or convert any BA Loan to a Term SOFR Loan or a Base Rate Loan and, in each case denominated in the same currency, subject to payment of LIBOR breakage costs in accordance with Section 2.11(b) if such conversion is of Term SOFR Loans or BA Loans made prior to the expiration of the LIBORInterest Period applicable thereto, or (iv) continue all or any portion of any Loan (other than the outstanding principal balance Swing Line Loan) as a LIBORTerm SOFR Loan or a BA Loan, as applicable, upon the expiration of the Revolving Credit Notes which is not then subject to a LIBOR Option applicable LIBORInterest Period and the succeeding LIBORInterest Period of that continued Loan shall be equal to the Applicable Base Rate Margin (as hereinafter defined in subsection 1.4(c)) plus the Base Rate; and (ii) The per annum rate for any LIBOR Portion shall be equal to the Applicable LIBOR Margin (as hereinafter defined in subsection 1.4(c)) plus the LIBOR Rate. (b) Interest on any portion of the Revolving Credit Notes accruing interest based on the Base Rate shall be payable monthly in arrears commence on the first day of each month, commencing on the first such date next succeeding the date of issuance of the Revolving Credit Notes, and interest on any LIBOR Portion of the Revolving Credit Notes shall be payable on the earlier to occur of (i) after the last day of the LIBORInterest Period of the Loan to be continued; provided, however, that no Revolving Credit Advance shall be converted to, or continued at the end of the LIBORInterest Period applicable thereto as a LIBORTerm SOFR Loan or a BA Loan, as applicable, for a LIBORan Interest Period of longer than one (1) month if any Event of Default has occurred and is continuing. Any Loan or group of Loans having the same proposed LIBORInterest Period to be made or continued as, or converted into, a LIBORTerm SOFR Loan or a BA Loan, as applicable, must be in a minimum amount (i) with respect to LIBORTerm SOFR Loans denominated in Dollars, of $5,000,000 and integral multiples of $1,000,000 in excess of such amount and (ii) with respect to LIBORBA Loans denominated in Canadian Dollars, of C$5,000,000 and integral multiples of C$1,000,000 in excess of such amount. Any such election must be made by 11:00 a.m. (New York time) on the third Business Day prior to (1) the date of any proposed Advance which is to bear interest at the (x) LIBOR RateTerm SOFR, with respect to LIBORTerm SOFR Loans denominated in Dollars, and (y) BA Rate, with respect to LIBORBA Loans denominated in Canadian Dollars, (2) the end of each LIBORInterest Period with respect to any LIBORTerm SOFR Loans or BA Loans to be continued as such, or (3) the date on which Borrower Representative wishes to convert any Base Rate Loan to a LIBORTerm SOFR Loan or a BA Loan, as applicable, for a LIBORan Interest Period designated by Borrower Representative in such election. If no election is received with respect to a LIBORTerm SOFR Loan or a BA Loan by 11:00 a.m. (New York time) on the third Business Day prior to the end of the LIBORInterest Period with respect thereto (or if an Event of Default has occurred and is continuing), that LIBORTerm SOFR Loan or BA Loan, as applicable, shall be converted to a LIBORTerm SOFR Loan or a BA Loan, as applicable, with a LIBORan Interest Period of one (1) month at the end of its LIBORInterest Period. Borrower Representative must make such election by notice to Agent in writing, by fax or overnight courier. In the case of any conversion or continuation, such election must be made pursuant to a written notice (a “Notice of Conversion/Continuation”) in the form of Exhibit 2.5(e). (f) Anything herein to the contrary notwithstanding, the obligations of Borrowers hereunder shall be subject to the limitation that payments of interest shall not be required, for any period for which interest is computed hereunder, to the extent (but only to the extent) that contracting for or receiving such payment by the respective Lender would be contrary to the provisions of any law applicable to such LIBOR Portion Lender (including, without limitation, Criminal Code (Canada)) limiting the highest rate of interest which may be lawfully contracted for, charged or (ii) the 90th day of received by such LIBOR PeriodLender, and in such event Borrowers shall pay such Lender interest at maturity the highest rate permitted by applicable law (whether by acceleration or otherwisethe “Maximum Lawful Rate”). Each change in ; provided, however, that if at any time thereafter the rate of interest payable hereunder is less than the Maximum Lawful Rate, Borrowers shall continue to pay interest hereunder at the Maximum Lawful Rate until such time as the total interest received by Agent, on any portion behalf of Lenders, is equal to the outstanding principal balance total interest that would have been received had the interest rate payable hereunder been (but for the operation of this paragraph) the Revolving Credit Notes which is not then subject to a LIBOR Option interest rate payable since the Amendment No. 67 Effective Date as otherwise provided in this Agreement. Thereafter, interest hereunder shall take effect simultaneously with be paid at the corresponding change rate(s) of interest and in the Base manner provided in Sections 2.5(a) through (e), unless and until the rate of interest again exceeds the Maximum Lawful Rate, and at that time this paragraph shall again apply. Notwithstanding anything contained herein or in any other Loan Document to the contrary, in In no event shall the total interest received by any Lender pursuant to the terms hereof exceed the amount paid or agreed that such Lxxxxx could lawfully have received had the interest due hereunder been calculated for the full term hereof at the Maximum Lawful Rate. If the Maximum Lawful Rate is calculated pursuant to this paragraph, such interest shall be paid calculated at a daily rate equal to the Maximum Lawful Rate divided by the Borrower number of days in the year in which such calculation is made. If, notwithstanding the provisions of this Section 2.5(f), a court of competent jurisdiction shall finally determine that a Lender has received interest hereunder in excess of the Maximum Lawful Rate, Agent shall, to the extent permitted by applicable law, promptly apply such excess in the order specified in Section 2.9 and thereafter shall refund any excess to Borrowers or as interest on the Revolving Credit Loans exceed the highest lawful rate permissible under any law applicable theretoa court of competent jurisdiction may otherwise order.

Interest; Applicable Margins. (a) The Revolving Credit Notes Borrower shall bear pay interest (computed to Agent, for the ratable benefit of Lenders under each applicable Class, in arrears on each applicable Interest Payment Date, at the basis following rates of the actual number of days elapsed over a 360-day year) interest on the unpaid principal amount thereof until paid in full at the rate or rates per annum determined as followsof each: (i) The per annum rate for any portion Base Rate Loan of such Class at the outstanding principal balance of Base Rate plus the Revolving Credit Notes which is not then subject to a LIBOR Option shall be equal to the Applicable Base Rate Margin (as hereinafter defined in subsection 1.4(ceach case applicable to such Class)) plus the Base Rate; and (ii) The per annum rate for any LIBOR Portion shall be equal to Term SOFR Loan of such Class at Term SOFR plus the Applicable LIBOR Term SOFR Margin (as hereinafter defined in subsection 1.4(ceach case applicable to such Class)) plus the LIBOR Rate. (b) If any payment on any Loan becomes due and payable on a day other than a Business Day, the deadline for payment thereof will be extended to the next succeeding Business Day (except as set forth in the definition of “Interest Period”), and, with respect to payments of principal, interest thereon shall be payable at the then applicable rate during such extension. (c) All computations of Fees are calculated on a per annum basis and interest shall be determined by Agent on the basis of a 360-day year, in each case for the actual number of days occurring in the period for which such interest and Fees are payable, except that with respect to Base Rate Loans based on the Prime Rate, the interest thereon shall be calculated on the basis of a 365- (or 366-, as the case may be) day year for the actual days elapsed. Each determination by Agent of an interest rate and Fees hereunder shall be presumptive evidence of the correctness of such rates and Fees. (d) All overdue amounts not paid when due hereunder shall bear interest in an amount equal to (i) in the case of overdue principal of any Loan, 2.00% per annum plus the rate otherwise applicable to such Loan as provided in Section 2.5(a)(i) or (ii), as applicable, or (ii) in the case of any other overdue amount, 2.00% per annum plus the rate applicable to Revolving Credit Loans that are Base Rate Loans as provided in Section 2.5(a)(i), in each case unless Agent and Requisite Lenders elect to impose a smaller increase (the “Default Rate”), accruing from the initial date of such non-payment until such payment is made and shall be payable upon demand. (e) With respect to any Loan, Borrower shall have the option to (i) request that any loan be made as a Term SOFR Loan or a Base Rate Loan, (ii) convert any Base Rate Loan to a Term SOFR Loan, (iii) convert any Term SOFR Loan to a Base Rate Loan subject to payment of Term SOFR breakage costs in accordance with Section 2.11(b) if such conversion is made prior to the expiration of the Interest Period applicable thereto or (iv) continue all or any portion of any Loan as a Term SOFR Loan upon the Revolving Credit Notes accruing interest based on expiration of the Base Rate applicable Interest Period and the succeeding Interest Period of that continued Loan shall be payable monthly in arrears commence on the first day of each month, commencing on the first such date next succeeding the date of issuance of the Revolving Credit Notes, and interest on any LIBOR Portion of the Revolving Credit Notes shall be payable on the earlier to occur of (i) after the last day of the LIBOR Interest Period of the Loan to be continued; provided, however, that no Loan shall be converted to, or continued at the end of the Interest Period applicable thereto as a Term SOFR Loan for an Interest Period of longer than one (1) month if any Event of Default has occurred and is continuing. Any Loan or group of Loans having the same proposed Interest Period to be made or continued as, or converted into, a Term SOFR Loan must be in a minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of such amount. Any such election must be made by 11:00 a.m. (New York time) on the third Business Day prior to (1) the date of any proposed Loan which is to bear interest at Term SOFR, (2) the end of each Interest Period with respect to any Term SOFR Loans to be continued as such or (3) the date on which Borrower wishes to convert any Base Rate Loan to a Term SOFR Loan for an Interest Period designated by Borrower in such election. If no election is received with respect to a Term SOFR Loan by 11:00 a.m. (New York time) on the third Business Day prior to the end of the Interest Period with respect thereto (or if an Event of Default has occurred and is continuing), that Term SOFR Loan shall be converted to a Term SOFR Loan with an Interest Period of one month at the end of its Interest Period. Xxxxxxxx must make such election by notice to Agent in writing, by fax or overnight courier. In the case of any conversion or continuation, such election must be made pursuant to a written notice (a “Notice of Conversion/Continuation”) in the form of Exhibit 2.5(e). Borrower shall select Interest Periods so that, in the aggregate, there shall be no more than ten (10) separate Term SOFR Loans in existence at any one time. (f) Anything herein to the contrary notwithstanding, the obligations of Borrower hereunder shall be subject to the limitation that payments of interest shall not be required, for any period for which interest is computed hereunder, to the extent (but only to the extent) that contracting for or receiving such payment by the respective Lender would be contrary to the provisions of any law applicable to such LIBOR Portion Lender limiting the highest rate of interest which may be lawfully contracted for, charged or (ii) the 90th day of received by such LIBOR PeriodLender, and in such event Borrower shall pay such Lender interest at maturity the highest rate permitted by applicable law (whether by acceleration or otherwisethe “Maximum Lawful Rate”). Each change in ; provided, however, that if at any time thereafter the rate of interest payable hereunder is less than the Maximum Lawful Rate, Borrower shall continue to pay interest hereunder at the Maximum Lawful Rate until such time as the total interest received by Agent, on any portion behalf of Lenders, is equal to the outstanding principal balance total interest that would have been received had the interest rate payable hereunder been (but for the operation of this paragraph) the Revolving Credit Notes which is not then subject to a LIBOR Option interest rate payable since the Escrow Funding Date as otherwise provided in this Agreement. Thereafter, interest hereunder shall take effect simultaneously with be paid at the corresponding change rate(s) of interest and in the Base manner provided in Sections 2.5(a) through (e), unless and until the rate of interest again exceeds the Maximum Lawful Rate, and at that time this paragraph shall again apply. Notwithstanding anything contained herein or in any other Loan Document to the contrary, in In no event shall the total interest received by any Lender pursuant to the terms hereof exceed the amount paid or agreed that such Xxxxxx could lawfully have received had the interest due hereunder been calculated for the full term hereof at the Maximum Lawful Rate. If the Maximum Lawful Rate is calculated pursuant to this paragraph, such interest shall be paid calculated at a daily rate equal to the Maximum Lawful Rate divided by the number of days in the year in which such calculation is made. If, notwithstanding the provisions of this Section 2.5(f), a court of competent jurisdiction shall finally determine that a Lender has received interest hereunder in excess of the Maximum Lawful Rate, Agent shall, to the extent permitted by applicable law, promptly apply such excess in the order specified in Section 2.9 and thereafter shall refund any excess to Borrower or as interest on the Revolving Credit Loans exceed the highest lawful rate permissible under any law applicable theretoa court of competent jurisdiction may otherwise order.