Common use of Interest on Credit-Linked Deposit; Repayment of Credit Linked Deposit Clause in Contracts

Interest on Credit-Linked Deposit; Repayment of Credit Linked Deposit. (i) The Administrative Agent hereby agrees to cause Bank of America to pay interest to the Administrative Agent, as holder of the Credit-Linked Deposit Account, and the Administrative Agent, as holder of the Credit-Linked Deposit Account, agrees to distribute to each Lender, from such interest payments received from Bank of America, such Lender’s Pro Rata Share of interest on the outstanding amount of the Credit-Linked Deposits in the Credit-Linked Deposit Account at the rate per annum set forth on Schedule B annexed hereto. Such interest will be distributed to the Lenders by the Administrative Agent quarterly in arrears on the first Business Day following the end of each Interest Period relating to the Credit-Linked Deposits. The Administrative Agent shall compute all amounts due under this Section 2.01(m)(i) and shall notify the Co-Obligors’ Agent and such Lender of each such amount due. (ii) Subject to, and to the extent of, the Co-Obligors’ compliance with the cash-collateralization requirements set forth in Section 2.02, if any, the Administrative Agent shall distribute the aggregate amount of any remaining Credit-Linked Deposits to the Lenders on the Maturity Date to the extent of the amount credited to the Credit-Linked Deposit Account. If the Co-Obligors are obligated to Cash Collateralize Credits pursuant to Section 2.02 as of the Maturity Date and fail to comply with such requirement, the amount of the Credit-Linked Deposits distributed by Administrative Agent pursuant to the preceding sentence will be reduced by the shortfall in Cash Collateral. In such event, the remaining portion of the Credit-Linked Deposits will remain subject to Section 2.01(c) hereof so long as any Credits remain outstanding, and will be distributed to the Lenders as and when such Credits expire without draw, in proportion to the resulting reduction in the amount of Cash Collateral required. (iii) The Co-Obligors’ Agent and the Co-Obligors shall have no right, title or interest in or to the Credit-Linked Deposits or the Credit-Linked Deposit Account and no obligations with respect thereto, it being acknowledged and agreed by the parties hereto that the making of the Credit-Linked Deposits by the Lenders, the deposit by the Administrative Agent of the Credit-Linked Deposits in the Credit-Linked Deposit Account, the provisions of this Section 2.01(m) and the application of the Credit-Linked Deposits in the manner contemplated by Section 2.01(c) constitute agreements among the Administrative Agent, the L/C Issuers and each Lender in respect of the funding obligations of each Lender in respect of its Participation in Credits, and do not constitute any loan or extension of credit to any Co-Obligor.

Interest on Credit-Linked Deposit; Repayment of Credit Linked Deposit. (i) The Administrative Agent hereby agrees to cause Bank of America to pay interest to the Administrative Agent, as holder of the Credit-Linked Deposit Account, and the Administrative Agent, as holder of the Credit-Linked Deposit Account, agrees to distribute to each Credit-Linked Lender, from such interest payments received from Bank of America, such Credit-Linked Lender’s Pro Rata Share Applicable Percentage of the interest earned on the outstanding amount of the Credit-Linked Deposits in the Credit-Linked Deposit Account at the rate per annum set forth on Schedule B annexed heretoAccount. Such interest will be distributed to the Credit-Linked Lenders by the Administrative Agent quarterly in arrears on the first Business Day following the end of each Interest Period relating to the Credit-Linked Deposits. The Administrative Agent hereby agrees that the Credit-Linked Deposits in the Credit-Linked Deposit Account shall earn interest at the rate per annum at least equal to the LIBO Rate (as defined in the Money Market Account Agreement) (the “Benchmark Rate”). In addition to the foregoing payments by the Administrative Agent, the Borrower agrees to make payments to the Credit-Linked Lenders quarterly in arrears when the Credit-Linked Facility Fees are payable pursuant to Section 2.03(j) in an amount equal to the shortfall between the rate of interest actually earned on the Credit-Linked Deposits and the Benchmark Rate. The Administrative Agent shall compute all amounts due under this Section 2.01(m)(i2.03(h) and shall notify the CoBorrower and each Credit-Obligors’ Agent and such Linked Lender of each such amount due at least three (3) Business Days before the date on which any such payment is due. Notwithstanding the foregoing, to the extent the Credit-Linked Deposits earn interest in excess of the Benchmark Rate for any Interest Period the Administrative Agent shall return such excess to the Borrower. (ii) Subject to, and to the extent of, the Co-Obligors’ Borrower’s compliance with the cash-collateralization requirements set forth in Section 2.02, if any2.03(i), the Administrative Agent shall distribute the aggregate amount of any remaining Credit-Linked Deposits to the Credit-Linked Lenders on the Maturity Date applicable to the extent Credit-Linked Letters of the amount credited to the Credit. The Credit-Linked Deposit Account. If Account is a deposit account in the Co-Obligors are obligated to Cash Collateralize Credits pursuant to Section 2.02 as name of the Maturity Date Administrative Agent under its sole dominion and fail control, and held by it subject to comply with such requirement, the amount terms and conditions of the this Agreement. No Credit-Linked Deposits distributed by Administrative Agent pursuant to Lender, whether upon the preceding sentence will be reduced by the shortfall in Cash Collateral. In receivership or liquidation of such event, the remaining portion of the Credit-Linked Deposits will remain subject Lender or otherwise, shall be entitled to Section 2.01(c) hereof so long its Credit-Linked Deposit other than as any Credits remain outstanding, and will be distributed to the Lenders as and when such Credits expire without draw, expressly provided in proportion to the resulting reduction in the amount of Cash Collateral requiredthis Agreement. (iii) The Co-Obligors’ Agent and the Co-Obligors Borrower shall have no right, title or interest in or to the Credit-Linked Deposits or the Credit-Linked Deposit Account and no obligations with respect thereto, it being acknowledged and agreed by the parties hereto that the making of the Credit-Linked Deposits by the Credit-Linked Lenders, the deposit by the Administrative Agent of the Credit-Linked Deposits in the Credit-Linked Deposit Account, the provisions of this Section 2.01(m2.03(h) and the application of the Credit-Linked Deposits in the manner contemplated by Section 2.01(c2.03(c) constitute agreements among the Administrative Agent, the Credit-Linked L/C Issuers Issuer and each Credit-Linked Lender in respect of the funding obligations of each Credit-Linked Lender in respect of its Credit-Linked Participation in CreditsCredit-Linked Letters of Credit, and do not constitute any loan or extension of credit to any Cothe Borrower by a Credit-ObligorLinked Lender until Credit-Linked Advances are made.

Interest on Credit-Linked Deposit; Repayment of Credit Linked Deposit. (i) The Administrative Agent hereby agrees to cause Bank of America to pay interest to the Administrative Agent, as holder of the Credit-Linked Deposit Account, and the Administrative Agent, as holder of the Credit-Linked Deposit Account, agrees to distribute to each Credit-Linked Lender, from such interest payments received from Bank of America, such Credit-Linked Lender’s Pro Rata Share Applicable Percentage of the interest earned on the outstanding amount of the Credit-Linked Deposits in the Credit-Linked Deposit Account at the rate per annum set forth on Schedule B annexed heretoAccount. Such interest will be distributed to the Credit-Linked Lenders by the Administrative Agent quarterly in arrears on the first Business Day following the end of each Interest Period relating to the Credit-Linked Deposits. The Administrative Agent hereby agrees that the Credit-Linked Deposits in the Credit-Linked Deposit Account shall earn interest at the rate per annum at least equal to the LIBO Rate (as defined in the Money Market Account Agreement) (the “Benchmark Rate”). In addition to the foregoing payments by the Administrative Agent, the Borrower agrees to make payments to the Credit-Linked Lenders quarterly in arrears when the Credit-Linked Facility Fees are payable pursuant to Section 2.03(j) in an amount equal to the shortfall between the rate of interest actually earned on the Credit-Linked Deposits and the Benchmark Rate. The Administrative Agent shall compute all amounts due under this Section 2.01(m)(i2.03(h) and shall notify the CoBorrower and each Credit-Obligors’ Agent and such Linked Lender of each such amount due at least three (3) Business Days before the date on which any such payment is due. Notwithstanding the foregoing, to the extent the Credit-Linked Deposits earn interest in excess of the Benchmark Rate for any Interest Period the Administrative Agent shall return such excess to the Borrower. (ii) Subject to, and to the extent of, the Co-Obligors’ Borrower’s compliance with the cash-collateralization requirements set forth in Section 2.02, if any2.03(i), the Administrative Agent shall distribute the aggregate amount of any remaining Credit-Linked Deposits to the Credit-Linked Lenders on the Maturity Date to the extent of the amount credited to the Date. The Credit-Linked Deposit Account. If Account is a deposit account in the Co-Obligors are obligated to Cash Collateralize Credits pursuant to Section 2.02 as name of the Maturity Date Administrative Agent under its sole dominion and fail control, and held by it subject to comply with such requirement, the amount terms and conditions of the this Agreement. No Credit-Linked Deposits distributed by Administrative Agent pursuant to Lender, whether upon the preceding sentence will be reduced by the shortfall in Cash Collateral. In receivership or liquidation of such event, the remaining portion of the Credit-Linked Deposits will remain subject Lender or otherwise, shall be entitled to Section 2.01(c) hereof so long its Credit-Linked Deposit other than as any Credits remain outstanding, and will be distributed to the Lenders as and when such Credits expire without draw, expressly provided in proportion to the resulting reduction in the amount of Cash Collateral requiredthis Agreement. (iii) The Co-Obligors’ Agent and the Co-Obligors Borrower shall have no right, title or interest in or to the Credit-Linked Deposits or the Credit-Linked Deposit Account and no obligations with respect thereto, it being acknowledged and agreed by the parties hereto that the making of the Credit-Linked Deposits by the Credit-Linked Lenders, the deposit by the Administrative Agent of the Credit-Linked Deposits in the Credit-Linked Deposit Account, the provisions of this Section 2.01(m2.03(h) and the application of the Credit-Linked Deposits in the manner contemplated by Section 2.01(c2.03(c) constitute agreements among the Administrative Agent, the Credit-Linked L/C Issuers Issuer and each Credit-Linked Lender in respect of the funding obligations of each Credit-Linked Lender in respect of its Credit-Linked Participation in CreditsCredit-Linked Letters of Credit, and do not constitute any loan or extension of credit to any Cothe Borrower by a Credit-ObligorLinked Lender until Credit-Linked Advances are made.