Common use of Interest on the Term Loan Clause in Contracts

Interest on the Term Loan. The outstanding principal amount of the Term Loan shall bear interest during each Interest Period relating to all or any portion of the Term Loan at the following rates: (i) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the Base Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the Base Rate plus the Applicable Margin with respect to portions of Term Loans consisting of Base Rate Loans as in effect from time to time. (ii) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the LIBOR Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the LIBOR Rate determined for such Interest Period plus the Applicable Margin with respect to portions of Term Loans consisting of LIBOR Rate Loans as in effect from time to time. (iii) The Borrower promises to pay interest on the Term Loan or any portion thereof outstanding during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Period. (iv) Notwithstanding the foregoing, if there shall occur and be continuing any Event of Default, the outstanding principal balance of the Term Loan, at the option of the Agent or Required Lenders, shall bear interest at the Post-Default Rate during the period beginning on the date such Event of Default first occurred and ending on the date such Event of Default is cured or waived. All interest accrued at the Post-Default Rate shall be payable on demand. All interest hereunder shall be computed on the basis of a year of 360 days, and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

Interest on the Term Loan. The outstanding principal amount of the Term Loan shall bear interest during each Interest Period relating at a rate per annum equal to all or the Applicable Rate. Notwithstanding the foregoing, (i) any portion of the Term Loan which is not paid when due shall automatically bear interest until paid in full at the following rates: Post-Default Rate, (ii) during the period when any Event of Default of the type described in clauses (g), (h) or (i) To of Section 9.1 shall have occurred and be continuing, the extent that all or any portion outstanding principal balance of the Term Loan bears interest during such Interest Period shall automatically bear interest, after as well as before judgment, at the Base Post-Default Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the Base Rate plus the Applicable Margin with respect to portions of Term Loans consisting of Base Rate Loans as in effect from time to time. (ii) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the LIBOR Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the LIBOR Rate determined for such Interest Period plus the Applicable Margin with respect to portions of Term Loans consisting of LIBOR Rate Loans as in effect from time to time. and (iii) The Borrower promises to pay interest on the Term Loan or any portion thereof outstanding during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Period. (iv) Notwithstanding the foregoing, if there shall occur and be continuing any Event of DefaultDefault (other than an Event of Default of the type described in clauses (g), (h) or (i) of Section 9.1), following written notice delivered to the Borrower from the Lenders, the outstanding principal balance of the Term Loan, at the option of the Agent or Required Lenders, Loan shall bear interest interest, after as well as before judgment, at the Post-Default Rate during the period beginning on the date such Event of Default first occurred occurred, and ending on the date such Event of Default is cured or waived. All Accrued and unpaid interest on the outstanding principal balance of the Term Loan shall be payable quarterly in arrears on March thirty-first (31st), June thirtieth (30th), September thirtieth (30th) and December thirty-first (31st) of each year; provided, that, interest accrued at the Post-Default Rate shall be payable on demand, and all accrued and unpaid interest on any portion of the principal of the Term Loan shall be payable on each date that such portion of the principal of the Term Loan shall be payable hereunder and on the Maturity Date. All interest hereunder shall be computed on the basis of a year of 360 days, and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

Interest on the Term Loan. The outstanding unpaid principal amount balance from time to time of the Term Loan shall bear interest during each Interest Period relating to all or any portion from the date the first disbursement of proceeds of the Term Loan at is made prior to the following rates: (i) To the extent that all or any portion maturity of the Term Loan bears interest during such Interest Period Note at the Base Rate, the Term Loan or such portion shall bear interest during such Interest Period at the a rate per annum equal to the Base Rate plus Prime-based Rate, except that at the Applicable Margin with respect to portions option of Term Loans consisting of Base Rate Loans as in effect Borrower exercised from time to time. (ii) To time as provided in Section 2.b(i), interest may accrue prior to maturity on the extent that all or any portion entire outstanding balance of the Term Loan bears interest during such Interest Period at the LIBOR Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the LIBOR Rate determined for such Interest Period plus the Applicable Margin with respect to portions of Term Loans consisting of LIBOR Rate Loans as in effect from time to time. (iii) The Borrower promises to pay interest on the Term Loan or any portion thereof outstanding during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Period. which is an integral multiple of $100,000.00 (iv) Notwithstanding unless the foregoing, if there shall occur and be continuing any Event of Default, selection is for the entire outstanding principal balance of the Term Loan, ) and as to which no LIBOR-based Rate previously selected remains in effect at a LIBOR-based Rate; provided that no LIBOR-based Rate may be elected for a period extending beyond the option scheduled final maturity of the Agent Term Loan. After maturity, whether scheduled maturity or Required Lendersmaturity by virtue of acceleration on account of the occurrence of an Event of Default, shall interest will accrue on the Term Loan at a rate per annum equal to the Prime-based Rate plus Two Hundred (200) Basis Points, except that as to any portion of the Term Loan for which Borrower may have elected a LIBOR-based Rate for a period of time that has not expired at maturity, such portion shall, during the remainder of such period, bear interest at the Postgreater of the Prime-Default based Rate during plus Two Hundred (200) Basis Points per annum or the period beginning LIBOR-based Rate then in effect plus Two Hundred (200) Basis Points. Prior to maturity, (A) interest accruing at a Prime-based Rate shall be due and payable on the date such Event last Business Day of Default first occurred each calendar quarter and ending on the date such Event of Default is cured or waived. All (B) interest accrued accruing at the Posta LIBOR-Default Based Rate shall be payable on demandthe last day of each Interest Period relating to such portion of the Term Loan (provided that if the Interest Period is in excess of Three (3) months, interest will be paid each Three (3) months following the first day of such Interest Period). All After maturity, interest hereunder shall be computed on the basis of a year of 360 days, and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day)as accrued and without demand.

Interest on the Term Loan. The outstanding (a) Subject to Sections 3:3-4(b) and 3:3-4(c), the unpaid principal amount balance of the Term Loan (including any capitalized PIK Interest) shall bear interest during (determined on a 360 day year and actual days elapsed), until repaid, fixed at 16.25% per annum (the "Term Loan Interest Rate"), payable as follows: (i) Accrued interest on the unpaid principal balance of the Term Loan equal to 13% per annum ("Current Pay Interest") shall be payable monthly in arrears, on the first Business Day of each month (the "Term Loan Interest Period relating Payment Date"), and on the Maturity Date. (ii) Subject to Section 3:3-4(c), accrued interest on the unpaid principal balance of the Term Loan in excess of Current Pay Interest (which excess is referred to herein as "PIK Interest") shall be payable as follows: (A) The Borrowers shall have the option, exercisable by irrevocable written notice by the Lead Borrower to the Administrative Agent made at least three (3) Business Days prior to the relevant Term Loan Interest Payment Date, to pay all or any portion part of such PIK Interest in cash on that Term Loan Interest Payment Date. (B) PIK Interest as to which the option provided in Section 3:3-4(a)(ii)(A) is not exercised shall be added to the then principal balance of the Term Note as of the Term Loan Interest Payment Date on which such interest would have been paid if such option had been exercised. (C) At the direction of the Term Lender, following the occurrence and during the continuance of any Event of Default (and whether or not Acceleration has taken place), the Term Lender may require PIK interest to be paid as if the option provided in Section 3:3-4(a)(ii)(A) had been timely exercised by the Lead Borrower. (b) In the event of the amendment of any interest rate which is or which may be applicable to the unpaid principal balance of the Revolving Credit, the Term Loan Interest Rate shall be increased by a like amount (e.g. if the Base Margin Rate is increased by one-quarter of one percent per annum or the Eurodollar Margin is increased by 25 basis points, the Term Loan Interest Rate shall likewise be increased by one-quarter of one percent per annum) and such increase shall be treated as an increase to Current Pay Interest. (c) Following the occurrence and during the continuance of any Event of Default (and whether or not Acceleration has taken place), at the direction of the Term Lender, interest shall accrue and shall be payable on the unpaid principal balance of the Term Loan at the following rates: (i) To the extent that all or any portion aggregate of the Term Loan bears interest during such Interest Period at the Base Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the Base Rate plus the Applicable Margin with respect to portions of Term Loans consisting of Base Rate Loans as then in effect from time to timeplus three percent per annum. (ii) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the LIBOR Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the LIBOR Rate determined for such Interest Period plus the Applicable Margin with respect to portions of Term Loans consisting of LIBOR Rate Loans as in effect from time to time. (iii) The Borrower promises to pay interest on the Term Loan or any portion thereof outstanding during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Period. (iv) Notwithstanding the foregoing, if there shall occur and be continuing any Event of Default, the outstanding principal balance of the Term Loan, at the option of the Agent or Required Lenders, shall bear interest at the Post-Default Rate during the period beginning on the date such Event of Default first occurred and ending on the date such Event of Default is cured or waived. All interest accrued at the Post-Default Rate shall be payable on demand. All interest hereunder shall be computed on the basis of a year of 360 days, and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

Interest on the Term Loan. The outstanding principal amount of the Term Loan Loans shall bear interest during each Interest Period relating to all or any portion of the Term Loan at the following ratesrates and in the amounts set forth below, which shall be payable as set forth below: (i) To from the extent that all or any portion Closing Date until November 1, 2008, the outstanding principal amount of the Term Loan bears interest during such Interest Period at the Base Rate, the Term Loan or such portion Loans shall bear interest during such Interest Period at the a rate per annum equal to the Base Rate plus Term Loan Rate, and all such accrued interest thereon shall be added to the Applicable Margin with respect to portions outstanding principal balance of the Term Loans consisting on the first day of Base Rate Loans as in effect from time each month or, if any such date shall not be a Business Day, on the next succeeding Business Day to time.occur after such date (each date upon which interest shall be so added to principal, an “Interest Payment Date”); and (ii) To from November 2, 2008 until the extent that all or any portion Term Loan Maturity Date, at the Borrowers’ option, (A) the Borrowers’ shall pay cash interest on the outstanding principal amount of the Term Loan bears interest during such Interest Period Loans at the LIBOR Rate, the Term Loan or such portion shall bear interest during such Interest Period at the a rate per annum equal to the LIBOR Rate determined for such Interest Period plus the Applicable Margin with respect to portions of Term Loans consisting of LIBOR Rate Loans as in effect from time to time. (iii) The Borrower promises to pay interest on the Term Loan or any portion thereof outstanding during each Interest Period Rate, payable in arrears on each Interest Payment Date applicable Date, or (B) (I) the Borrowers’ shall pay cash interest on the outstanding principal amount of the Term Loans at a rate per annum equal to 10.5%, payable in arrears on each Interest Payment Date, and (II) the outstanding principal amount of the Term Loans shall also bear interest at a rate per annum equal to 3.0%, and all such accrued interest shall be added to the outstanding principal balance of the Term Loans on each Interest PeriodPayment Date. (iii) interest accrued at the Post-Default Rate shall be payable on demand, and to the extent not previously paid hereunder, all accrued interest on the Term Loans shall be payable on each date that any portion of the principal of the Term Loans shall be payable hereunder and on the Term Loan Maturity Date. (iv) Notwithstanding the foregoing, (A) during the period when any Event of Default shall have occurred and be continuing, all accrued interest shall be payable in cash (B) any portion of the Term Loans which are not paid when due shall automatically bear interest until paid in full at the Post-Default Rate, (C) during the period when any Event of Default under clauses (g), (h) or (i) of Section 8.1 shall have occurred and be continuing, the outstanding principal balance of the Term Loans shall automatically bear interest at the Post-Default Rate and (D) if there shall occur and be continuing any Event of DefaultDefault (other than an Event of Default of the type described in clauses (g) (h) or (i) of Section 8.1), following written notice delivered to the Borrowers from the Agent at the request of the Required Lenders, the outstanding principal balance of the Term Loan, at the option of the Agent or Required Lenders, Loans shall bear interest at the Post-Default Rate during the period beginning on the date such Event of Default first occurred occurred, and ending on the date such Event of Default is cured or waived. All interest accrued at the Post-Default Rate shall be payable on demand. . (v) All interest hereunder shall be computed on the basis of a year of 360 days, and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

Interest on the Term Loan. The Subject to Section 2.03 hereof, the outstanding principal amount of the Term Loan shall bear interest during each Interest Period relating to all or any portion of the Term Loan at the following rates: (i) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the Base Rate, the Term Loan or such portion shall bear interest during such Interest Period at the a rate per annum equal to the Base Rate plus the Applicable Margin with respect to portions of Term Loans consisting of Base Rate Loans as Rate, but notwithstanding Section 2.03 hereof any Eurocurrency Borrowing shall be denominated in effect from time to time. Dollars. Notwithstanding the foregoing, (iii) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the LIBOR Rate, principal of the Term Loan or such portion which is not paid when due shall automatically bear interest during such Interest Period until paid in full at the rate per annum equal to Default Rate,(ii) during the LIBOR Rate determined for such Interest Period plus period when any Event of Default of the Applicable Margin with respect to portions type described in clauses (g), (h) or (i) of Section 10.1 shall have occurred and be continuing, the outstanding principal balance of the Term Loans consisting of LIBOR Rate Loans Loan shall automatically bear interest, after as in effect from time to time. well as before judgment, at the Default Rate, (iii) The Borrower promises to pay interest on the Term Loan or any portion thereof outstanding during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Period. (iv) Notwithstanding the foregoing, if there shall occur and be continuing any Event of DefaultDefault (other than an Event of Default of the type described in clauses (g), (h) or (i) of Section 10.01), following written notice delivered to the Borrower from the Agent at the request of the Required Lenders, the outstanding principal balance of the Term LoanLoan shall bear interest, after as well as before judgment, at the option of the Agent or Required Lenders, shall bear interest at the Post-Default Rate during the period beginning on the date such Event of Default first occurred occurred, and ending on the date such Event of Default is cured or waived. All Accrued interest on the outstanding principal balance of the Term Loan shall be payable in arrears on each Interest Payment Date; provided that interest accrued at the Post-Default Rate shall be payable on demand. All , and all accrued interest hereunder shall be computed on the basis of a year of 360 days, and in each case Term Loan shall be payable for on each date that any portion of the actual number principal of days elapsed (including the first day but excluding the last day)Term Loan shall be payable hereunder.

Interest on the Term Loan. The outstanding principal amount (a) Borrower shall pay interest to Agent, for the ratable benefit of Lenders, in arrears (i) (x) with respect to all Base Rate Loans for the preceding calendar month, on the first day of each calendar month, commencing on June 1, 1995, and (y) with respect to LIBOR Loans on the last Business Day of each LIBOR Period, and (ii) upon payment in full of the Term Loan shall bear interest during each Interest Period relating to all or any portion of the Term Loan at the following rates: (i) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the Base Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the Base Rate plus the Applicable Margin with respect to portions of Term Loans consisting of Base Rate Loans as in effect from time to timeLoan. (iib) To the extent that all If any interest or any portion of the Term Loan bears interest during such Interest Period at the LIBOR Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the LIBOR Rate determined for such Interest Period plus the Applicable Margin with respect to portions of Term Loans consisting of LIBOR Rate Loans as in effect from time to time. (iii) The Borrower promises to pay interest other payment on the Term Loan or any portion becomes due and payable on a day other than a Business Day, the maturity thereof outstanding shall be extended to the next succeeding Business Day (except as otherwise provided in the definition of LIBOR Period) and, with respect to payments of principal, interest thereon shall be payable at the then applicable rate during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Periodextension. (ivc) Notwithstanding Borrower shall pay interest to Agent, for the foregoingratable benefit of Lenders, if there shall occur and be continuing any Event of Default, on the outstanding principal balance of the Term Loan, at a floating rate equal to the option Base Rate plus one percent (1.0%) per annum (the "Stated Rate"). Alternatively, so long as no Default or Event of Default shall have occurred and be continuing, Borrower may, upon delivery of a Conversion/Continuation Notice to Agent not less than three Business Days prior to the Agent intended commencement of a LIBOR Period, elect to have the Term Loan or Required Lenders, shall a portion thereof bear interest at a per annum rate equal to the PostLIBOR Rate for such Interest Period plus three percent (3%) per annum (the "Adjusted LIBOR Rate"). Notwithstanding the foregoing, if in connection with the LGE Transaction, Borrower is obligated to redeem more than $30,000,000 in principal amount of the Convertible Debentures, the Stated Rate shall be a floating rate equal to the Base Rate plus one and one-Default quarter percent (1.25%) per annum and the Adjusted LIBOR Rate during shall be the period beginning on LIBOR Rate for each particular LIBOR Period plus three and one-quarter percent (3.25%) per annum. Further, notwithstanding the date such foregoing, if the Stated Rate and Adjusted LIBOR Rate are determined in accordance with the preceding sentence, so long as no Event of Default first shall have occurred and ending be continuing, the Stated Rate shall be reduced to a floating rate equal to the Base Rate plus one percent (1.0%) per annum at any time when the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter for the four consecutive Fiscal Quarters then ended equals or exceeds 1.0:1.0, and the Adjusted LIBOR Rate shall be reduced to the LIBOR Rate for each particular LIBOR Period plus three percent (3.0%) per annum at any time when the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter for the four consecutive Fiscal Quarters then ended equals or exceeds 1.1:1.0. Any reduction or increase in the Stated Rate or the Adjusted LIBOR Rate based on achievement of the Fixed Charge Coverage Ratio thresholds set forth above shall be effective from and after the first day of the first Fiscal Quarter following delivery to the Lenders of Borrower's unaudited financial statements for the preceding Fiscal Quarter demonstrating that the criteria for a reduction or increase in the Stated Rate or Adjusted LIBOR Rate have been met. (d) Borrower may elect by 11:00 A.M. (New York time) on, the third (3rd) Business Day prior to (i) the end of each LIBOR Period with respect to any LIBOR Loans, or (ii) the date on which Borrower wishes to convert any Base Rate Loan to a LIBOR Loan, with respect to a Base Rate Loan, to have all or some portion of the Term Loan bear interest at a LIBOR Rate for one or more succeeding LIBOR Periods (and to specify that portion of the Term Loan to which such LIBOR Rate shall apply) as designated by Borrower in a Conversion/Continuation Notice. If no election is received with respect to a LIBOR Loan by 11:00 A.M. (New York time) on the date third (3rd) Business Day prior to the end of the applicable LIBOR Period with respect to such LIBOR Loan (or a Default or Event of Default shall have occurred and is cured or waived. All interest accrued continuing), such LIBOR Loan shall be converted to a Base Rate Loan at the Post-end of the LIBOR Period. Borrower shall make such election by irrevocable notice to Agent and each Lender in writing, by telecopy. Borrower shall have the option to (1) convert at any time all or any part of the outstanding Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from Base Rate Loans to LIBOR Loans or (2) upon the expiration of any LIBOR Period applicable to a LIBOR Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Loan and the succeeding LIBOR Period(s) of such continued Loan shall commence on the last day of the LIBOR Period of the Loan to be continued; provided that LIBOR Loans may only be converted into Base Rate Loans on the expiration date of a LIBOR Period applicable thereto; and provided, further, that no outstanding Loan may be continued as, or be converted into, a LIBOR Loan when any Default Rate or Event of Default has occurred and is continuing. (e) All computations of interest and Fees calculated on a per annum basis shall be payable on demand. All interest hereunder shall be computed made by Agent on the basis of a year of 360 daysthree hundred and sixty (360) day year, and in each case shall be payable for the actual number of days elapsed occurring in the period for which such interest is payable. In the case of Base Rate Loans, the Stated Rate shall be calculated based on the Base Rate as in effect on each day. Each determination by Agent of an interest rate hereunder shall be conclusive and binding for all purposes, absent manifest error or bad faith. (including f) So long as any Default or Event of Default shall have occurred and be continuing, the first day but excluding interest rate applicable to the last dayObligations shall be increased, at the option of Agent, by two percent (2%) per annum above the Stated Rate from time to time applicable (the "Default Rate"). (g) Notwithstanding anything to the contrary set forth in this Section 1.7, if, at any time until payment in full of all of the Obligations, the rate of interest payable hereunder exceeds the highest rate of interest permissible under any law which a court of competent jurisdiction shall, in a final determination, deem applicable hereto (the "Maximum Lawful Rate"), then in such event and so long as the Maximum Lawful Rate would be so exceeded, the rate of interest payable hereunder shall be equal to the Maximum Lawful Rate; 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 behalf of Lenders, from the making of such advances hereunder is equal to the total interest which would have been received had the interest rate payable hereunder been (but for the operation of this paragraph) the interest rate payable since May 10, 1995 as otherwise provided in this Agreement or the Prior Term Loan Agreement. Thereafter, the interest rate payable hereunder shall be the rate of interest provided in Sections 1.7(a) through (f) of this Agreement, unless and until the rate of interest again exceeds the Maximum Lawful Rate, in which event this paragraph shall again apply. In no event shall the total interest received by any Lender pursuant to the terms hereof exceed the amount which such Lender could lawfully have received had the interest due hereunder been calculated for the full term hereof at the Maximum Lawful Rate. In the event the Maximum Lawful Rate is calculated pursuant to this paragraph, such interest shall be 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. In the event that a court of competent jurisdiction, notwithstanding the provisions of this Section 1.7(g), shall make a final determination that a Lender has received interest hereunder or under any of the other Loan Documents in excess of the Maximum Lawful Rate, Agent shall, to the extent permitted by applicable law, promptly apply such excess first to any interest due and not yet paid hereunder, then to the outstanding principal of the Obligations, then to Fees and any other unpaid Obligations and thereafter shall refund any excess to Borrower or as a court of competent jurisdiction may otherwise order.

Interest on the Term Loan. The Subject to Section 2.3 hereof, the outstanding principal amount of the Term Loan shall bear interest during each Interest Period relating to all or any portion of the Term Loan at the following rates: (i) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the Base Rate, the Term Loan or such portion shall bear interest during such Interest Period at the a rate per annum equal to the Base Rate plus the Applicable Margin with respect to portions of Term Loans consisting of Base Rate Loans as in effect from time to time. Rate. Notwithstanding the foregoing, (iii) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the LIBOR Rate, principal of the Term Loan or such portion which is not paid when due shall automatically bear interest during such Interest Period until paid in full at the rate per annum equal to Default Rate, (ii) during the LIBOR Rate determined for such Interest Period plus period when any Event of Default of the Applicable Margin with respect to portions type described in clauses (g), (h) or (i) of Section 10.1 shall have occurred and be continuing, the outstanding principal balance of the Term Loans consisting of LIBOR Rate Loans Loan shall automatically bear interest, after as in effect from time to time. well as before judgment, at the Default Rate, (iii) The Borrower promises to pay interest on the Term Loan or any portion thereof outstanding during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Period. (iv) Notwithstanding the foregoing, if there shall occur and be continuing any Event of DefaultDefault (other than an Event of Default of the type described in clauses (g), (h) or (i) of Section 10.1), following written notice delivered to the Borrower from the Agent at the request of the Required Lenders, the outstanding principal balance of the Term LoanLoan shall bear interest, after as well as before judgment, at the option of the Agent or Required Lenders, shall bear interest at the Post-Default Rate during the period beginning on the date such Event of Default first occurred occurred, and ending on the date such Event of Default is cured or waived. All Accrued interest on the outstanding principal balance of the Term Loan shall be payable in arrears on each Interest Payment Date; provided that interest accrued at the Post-Default Rate shall be payable on demand. All , and all accrued interest hereunder shall be computed on the basis of a year of 360 days, and in each case Term Loan shall be payable for on each date that any portion of the actual number principal of days elapsed (including the first day but excluding the last day)Term Loan shall be payable hereunder.

Interest on the Term Loan. The Interest shall accrue on the unpaid principal balance of the Term Loans at a rate of 18% per annum (the "Interest Rate"), payable in arrears quarterly on March 31, June 30, September 30 and December 31 of each year beginning on the first such date after the date of this Agreement and on the Maturity Date (each date on which payment of interest is due shall be referred to as an "Interest Payment Date"), provided that so long as no Event of Default has occurred and is -------- continuing, a portion of the interest totaling no more than 1.25% of the aggregate principal amount outstanding under the Term Loans may be deferred on any Interest Payment Date and paid on the earlier of (i) the first anniversary date of the relevant Interest Payment Date upon which such interest was deferred or (ii) the Term Loan Maturity Date, provided however that the amount of -------- ------- interest so deferred shall accrue interest at the Interest Rate on a compound basis calculated quarterly and shall be payable at the same time as the interest so deferred; and provided further that upon the occurrence and during the continuance of any Event of Default, interest shall accrue on the unpaid principal amount of the Term Loan shall bear Loans, plus any interest during each Interest Period relating to all or any portion of (including deferred interest), fees and other amounts due under the Term Loan Loans at the following rates: (i) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the Base Rate, the Term Loan or such portion shall bear interest during such Interest Period at the a rate per annum equal to the Base Interest Rate plus the Applicable Margin with respect to portions of Term Loans consisting of Base Rate Loans as in effect 3% per annum and shall be payable from time to time. (ii) To the extent that all or any portion of the Term Loan bears interest during time in cash, on such Interest Period at the LIBOR Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the LIBOR Rate determined for such Interest Period plus the Applicable Margin with respect to portions of Term Loans consisting of LIBOR Rate Loans as in effect from time to time. (iii) The Borrower promises to pay interest on the Term Loan or any portion thereof outstanding during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Period. (iv) Notwithstanding the foregoing, if there shall occur and be continuing any Event of Default, the outstanding principal balance of the Term Loanquarterly dates or, at the option of the Agent or Required LendersAgent, shall bear interest at the Post-Default Rate during the period beginning on the date such Event of Default first occurred and ending on the date such Event of Default is cured or waived. All interest accrued at the Post-Default Rate shall be payable on demand. All interest hereunder Interest on the Term Loans shall be computed on the basis of a 360-day year of 360 days, and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day) occurring in the period for which such interest is payable. Notwithstanding anything to the contrary set forth in this Section 1.2, if a court of competent jurisdiction determines in a final order that the rate of interest payable hereunder exceeds the highest rate of interest permissible under law (the "Maximum Lawful Rate'), then so long as the Maximum Lawful Rate would be so exceeded, the rate of interest payable hereunder shall be equal to the Maximum Lawful Rate.

Interest on the Term Loan. The (a) Interest on the outstanding principal amount of the Term Loan shall bear interest during be payable on each Interest Period relating to all or any portion of Payment Date, unless the Term Loan at the following rates: (i) To the extent that all or any portion of the Term Loan bears interest during such Interest Period exceeds three months in which case it shall be paid quarterly, at the Base Rate, the Term Loan or such portion shall bear interest during such Interest Period at the a rate per annum equal to the Base Interest Rate plus for the Applicable Margin with respect to portions of Term Loans consisting of Base Rate Loans as related Interest Period from the date when made and continued until paid in effect from time to timefull. (iib) To The duration of each Interest Period for the extent Term Loan shall be three months; provided, however, that (i) the Borrower may direct that the duration of an Interest Period for the Term Loan be three or six months (or any other period agreed to by the Agent and all of the Lenders) by giving the Agent written notice thereof at least three Business Days before the first day of such Interest Period. The Agent shall deliver a copy of such notice on the same day to the Lenders. (c) The Term Loan will bear interest at the Overdue Rate on any part of the principal amount and interest and other amounts due thereunder not paid when due (whether at stated maturity, by acceleration or otherwise), for any period during which the same will be overdue. (d) The Borrower may elect to continue all or any portion part of any borrowing of the Term Loan bears interest during such beyond the expiration of the then current Interest Period at relating thereto by giving a Drawdown Request (which shall be irrevocable) to the LIBOR RateAgent of such election, specifying the Term Loan or such portion shall bear interest during such Interest Period at therefor. In the rate per annum equal absence of such a timely and proper election with regard to the LIBOR Rate determined for such Interest Period plus the Applicable Margin with respect to portions of Term Loans consisting of LIBOR Rate Loans as in effect from time to time. (iii) The Borrower promises to pay interest on the Term Loan or any portion thereof outstanding during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Period. (iv) Notwithstanding the foregoing, if there shall occur and be continuing any Event of Default, the outstanding principal balance of the Term Loan, at the option of the Agent or Required Lenders, shall bear interest at the Post-Default Rate during the period beginning on the date such Event of Default first occurred and ending on the date such Event of Default is cured or waived. All interest accrued at the Post-Default Rate Borrower shall be deemed to have elected an Interest Period of three months. (e) For the purpose of disclosure pursuant to the Interest Act (Canada), the yearly rate of interest to which any rate of interest payable under this Agreement, which is to be calculated on demand. All interest hereunder shall any basis other than a full calendar year, is equivalent, may be computed on determined by multiplying such rate by a fraction, the basis numerator of a year of 360 days, and in each case shall be payable for which is the actual number of days elapsed (including in the first day but excluding calendar year in which the last day)period for which interest at such rate is payable ends and the denominator of which is the number of days of such other basis.

Interest on the Term Loan. The outstanding principal amount of the Term Loan shall bear interest during each Interest Period relating at a rate per annum equal to all or the Term Loan Rate. Notwithstanding the foregoing, (i) any portion of the Term Loan which is not paid when due shall automatically bear interest until paid in full at the following rates: Post-Default Rate, (iii) To during the extent that all period when any Event of Default of the type described in clauses (g) or any portion (h) of Section 8.1 shall have occurred and be continuing, the outstanding principal balance of the Term Loan bears shall automatically bear interest during such Interest Period at the Base Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the Base Post-Default Rate plus the Applicable Margin with respect to portions of Term Loans consisting of Base Rate Loans as in effect from time to time. (ii) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the LIBOR Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the LIBOR Rate determined for such Interest Period plus the Applicable Margin with respect to portions of Term Loans consisting of LIBOR Rate Loans as in effect from time to time. and (iii) The Borrower promises to pay interest on the Term Loan or any portion thereof outstanding during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Period. (iv) Notwithstanding the foregoing, if there shall occur and be continuing any Event of DefaultDefault (other than an Event of Default of the type described in clauses (g) or (h) of Section 8.1), following written notice delivered to the Borrower from the Lender, the outstanding principal balance of the Term Loan, at the option of the Agent or Required Lenders, Loan shall bear interest at the Post-Default Rate during the period beginning on the date such Event of Default first occurred occurred, and ending on the date such Event of Default is cured or waived. All Accrued interest on the outstanding principal balance of the Term Loan shall be payable in arrears on the first day of each month; provided that interest accrued at the Post-Default Rate shall be payable on demand, and all accrued interest on the Term Loan shall be payable on each date that any portion of the principal of the Term Loan shall be payable hereunder and on the Term Loan Maturity Date. All interest hereunder shall be computed on the basis of a year of 360 days, and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

Interest on the Term Loan. (a) The outstanding Borrower shall pay interest on the Term Loan at the Applicable Margin plus the LIBOR Rate (or at such other rate determined in accordance with this Agreement) for the applicable Interest Period in effect for the Term Loan. (b) If the Borrower fails to pay any amount payable by it under a Loan Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at a rate (“Default Interest”) which, subject to subsection (c) below, is 2 percent per annum higher than the rate which would have been payable if the overdue amount had, during the period of non-payment, constituted the Borrowing for successive Interest Periods, each of a duration selected by the Administrative Agent (acting reasonably). Any interest accruing under this Section 2.9(b) shall be immediately payable by the Borrower on demand by the Administrative Agent. (c) If any overdue amount consists of all or part of the Term Loan which became due on a day which was not the last day of an Interest Period relating to that Loan: (i) the first Interest Period for that overdue amount shall have a duration equal to the unexpired portion of the current Interest Period relating to that Loan; and (ii) the rate of interest applying to the overdue amount during that first Interest Period shall be 2 percent per annum higher than the rate which would have applied if the overdue amount had not become due. (d) Interest on the principal amount of the Term Loan shall bear interest during accrue from and including the date the Term Loan is made to but excluding the date of any repayment thereof. Interest on the outstanding Term Loan shall be payable on the last day of each Interest Period relating to all or any portion of the Term Loan at the following rates: (i) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the Base Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the Base Rate plus the Applicable Margin with respect to portions of Term Loans consisting of Base Rate Loans as in effect from time to time. (ii) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the LIBOR Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the LIBOR Rate determined for such Interest Period plus the Applicable Margin with respect to portions of Term Loans consisting of LIBOR Rate Loans as in effect from time to time. (iii) The Borrower promises to pay interest on the Term Loan or any portion thereof outstanding during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Period. (iv) Notwithstanding the foregoing, if there shall occur and be continuing any Event of Default, the outstanding principal balance of the Term Loan, at the option of the Agent or Required Lenders, shall bear interest at the Post-Default Rate during the period beginning on the date such Event of Default first occurred and ending on the date such Event of Default is cured or waivedthereto. All interest accrued at the Post-Default Rate Interest shall be payable on demand. All interest hereunder shall be computed on the basis of a year of 360 days, and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

Interest on the Term Loan. The outstanding unpaid principal amount balance from time to time of the Term Loan shall bear interest during each Interest Period relating from the date the Loan is made prior to all or any portion the maturity of the Term Loan Note at the following rates: (i) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the Base Rate, the Term Loan or such portion shall bear interest during such Interest Period at the a rate per annum equal to the Base Prime Rate plus the Applicable Margin with respect to portions Spread, except that at the option of Term Loans consisting of Base Rate Loans as in effect the Company exercised from time to time. (iitime as provided in 3 Section 2.d(i) To of the extent that all or any portion Agreement, interest may accrue prior to maturity on the entire outstanding balance of the Term Loan bears or on any portion thereof which is in excess of $1,000,000.00 and as to which no Optional Rate previously selected remains in effect at a LIBOR-based Rate for a period of 30, 60, 90 or 180 days; provided that no Optional Rate may be elected for a period extending beyond the scheduled final maturity of the Term Loan. Those elections of a "LIBOR-based Rate" which have been made under the "Term Loan" as outstanding prior to the Ninth Amendment and which remain in effect on the date of the Ninth Amendment, shall continue, under this Agreement, to be in effect through the end of the interest during such Interest Period at period for which elected. After maturity, whether scheduled maturity or maturity by virtue of acceleration on account of the LIBOR Rateoccurrence of an Event of Default, interest will accrue on the Term Loan or such portion shall bear interest during such Interest Period at the a rate per annum equal to the LIBOR Prime Rate determined for such Interest Period plus the Applicable Margin with respect Spread plus two percent (2%), except that as to portions of Term Loans consisting of LIBOR Rate Loans as in effect from time to time. (iii) The Borrower promises to pay interest on the Term Loan or any portion thereof outstanding during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Period. (iv) Notwithstanding the foregoing, if there shall occur and be continuing any Event of Default, the outstanding principal balance of the Term LoanLoan for which the Company may have elected an Optional Rate for a period of time that has not expired at maturity, at such portion shall, during the option remainder of the Agent or Required Lenderssuch period, shall bear interest at the Post-Default greater of the Prime Rate during plus the period beginning Applicable Spread plus two percent (2%) per annum or the Optional Rate then in effect plus two percent (2%) per annum. Prior to maturity, interest shall be due and payable on the date last Banking Day of each month in addition to any installment of principal which may be due and payable on such Event of Default first occurred and ending on the date such Event of Default is cured or waiveddate. All After maturity, interest accrued at the Post-Default Rate shall be payable on as accrued and without demand. All interest hereunder shall be computed on the basis of a year of 360 days, and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

Interest on the Term Loan. The outstanding principal amount of the Term Loan outstanding from time to time shall bear interest during each until the Term Loan Maturity Date at a rate per annum equal to the Prime Rate, plus Applicable Spread II, except that at the option of the Company, exercised from time to time as provided in this Agreement, interest may accrue prior to maturity on any Term Loan Construction Advance or on the entire outstanding balance of the Term Loan as to which no LIBOR-based Rate previously elected remains in effect, at a LIBOR-based Rate (for an Interest Period relating selected by the Company as provided in this Agreement), plus Applicable Spread II, provided that an election of a LIBOR-based Rate for an Interest Period extending beyond the Scheduled Term Loan Maturity Date shall be permitted only at the discretion of the Bank. From and after the Term Loan Maturity Date, and until paid in full, the Term Loan shall bear interest at a per annum rate equal to all or the Prime Rate, plus Applicable Spread II, plus two percent (2%) per annum, except that as to any portion of the Term Loan for which the Company may have elected a LIBOR-based Rate for an Interest Period that has not expired at the following rates: Term Loan Maturity Date, such portion shall, during the remainder of such period, bear interest at the greater of the Prime Rate, plus Applicable Spread II, plus two percent (i2%) To per annum or the extent LIBOR-based Rate then in effect, plus Applicable Spread II, plus two percent (2%) per annum. Each change in the rate of interest to be charged with reference to a Prime-based Rate shall become effective on the date of each change in the Prime Rate. Each change in the rate of interest to be charged with reference to a LIBOR-based Rate shall become effective without notice on the commencement of each Interest Period based on the London Interbank Offered Rate for that all or any Interest Period then in effect. With respect to that portion of the Term Loan Loan, if any, which bears interest during such Interest Period at the Base Prime-based Rate, accrued interest shall be due and payable monthly on the Term Loan or such portion shall bear interest during such Interest Period at E-8 last Banking Day of each month until the rate per annum equal to the Base Rate plus the Applicable Margin with TERM LOAN Maturity Date. With respect to these portions of Term Loans consisting of Base Rate Loans as in effect from time to time. (ii) To the extent that all or any portion of the Term Loan bears that bear interest during LIBOR-based Rates, accrued interest shall be due and payable on the last day of each Interest Period (except that if the Interest Period is six months, the accrued interest shall be due on the 90th day of such Interest Period at and then on the LIBOR Ratelast day of such Interest Period) until the TERM LOAN Maturity Date. On the TERM LOAN Maturity Date, the entire unpaid principal balance of the Term Loan or such portion and Term Note and all unpaid, accrued interest thereon, shall bear interest during such Interest Period at be due and payable in full without demand. From and after the rate per annum equal to the LIBOR Rate determined for such Interest Period plus the Applicable Margin with respect to portions of Term Loans consisting of LIBOR Rate Loans as in effect from time to time. (iii) The Borrower promises to pay Loan Maturity Date, interest on the Term Loan or any portion thereof outstanding during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Period. (iv) Notwithstanding the foregoing, if there shall occur and be continuing any Event of Default, the outstanding principal balance of the Term Loan, at the option of the Agent or Required Lenders, shall bear interest at the Post-Default Rate during the period beginning on the date such Event of Default first occurred and ending on the date such Event of Default is cured or waived. All interest accrued at the Post-Default Rate shall be payable on as accrued and without demand. All interest hereunder shall be computed on the basis of a year of 360 days, and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day)."

Interest on the Term Loan. The outstanding (a) Subject to Sections and , the unpaid principal amount balance of the Term Loan shall bear interest, until repaid, fixed at 16% per annum (the "TERM LOAN INTEREST RATE"), payable as follows: (i) Accrued interest during on the unpaid principal balance of the Term Loan equal to 13% per annum ("CURRENT PAY INTEREST") shall be payable monthly in arrears, on the first Business Day of each month (the "TERM LOAN INTEREST PAYMENT Date"), and on the Maturity Date. (ii) Subject to Section , accrued interest on the unpaid principal balance of the Term Loan in excess of Current Pay Interest Period relating (which excess is referred to herein as "PIK INTEREST") shall be payable as follows: (A) The Borrowers shall have the option, exercisable by irrevocable written notice by the Lead Borrower to the Administrative Agent made at least three (3) Business Days prior to relevant Term Loan Interest Payment Date, to pay all or any portion part of such PIK Interest on that Term Loan Interest Payment Date. (B) PIK Interest as to which the option provided in Section is not exercised shall be added to the principal balance of the Term Note as of the Term Loan Interest Payment Date in respect of which such option is not so exercised. (C) At the direction of the Term Lender, following the occurrence of any Event of Default (and whether or not Acceleration has taken place), the option provided in Section shall terminate and accrued interest to which such option otherwise could have been exercised shall be paid on each Term Loan Interest Payment Date. (b) In the event of the amendment of any interest rate which is or which may be applicable to the unpaid principal balance of the Revolving Credit, the Term Loan Interest Rate shall be increased by a like amount (e.g. if the Base Margin Rate is increased by one-quarter of one percent per annum or the Eurodollar Margin is increased by 25 basis points, the Term Loan Interest Rate shall likewise be increased by one-quarter of one percent per annum). (c) Following the occurrence of any Event of Default (and whether or not Acceleration has taken place), at the direction of the Term Lender, interest shall accrue and shall be payable on the unpaid principal balance of the Term Loan at the following rates: (i) To the extent that all or any portion aggregate of the Term Loan bears interest during such Interest Period at the Base Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the Base Rate plus the Applicable Margin with respect to portions of Term Loans consisting of Base Rate Loans as in effect from time to timetwo percent per annum. (ii) To the extent that all or any portion of the Term Loan bears interest during such Interest Period at the LIBOR Rate, the Term Loan or such portion shall bear interest during such Interest Period at the rate per annum equal to the LIBOR Rate determined for such Interest Period plus the Applicable Margin with respect to portions of Term Loans consisting of LIBOR Rate Loans as in effect from time to time. (iii) The Borrower promises to pay interest on the Term Loan or any portion thereof outstanding during each Interest Period in arrears on each Interest Payment Date applicable to such Interest Period. (iv) Notwithstanding the foregoing, if there shall occur and be continuing any Event of Default, the outstanding principal balance of the Term Loan, at the option of the Agent or Required Lenders, shall bear interest at the Post-Default Rate during the period beginning on the date such Event of Default first occurred and ending on the date such Event of Default is cured or waived. All interest accrued at the Post-Default Rate shall be payable on demand. All interest hereunder shall be computed on the basis of a year of 360 days, and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day).