Common use of Interest Rates and Payment Clause in Contracts

Interest Rates and Payment. (a) The unpaid principal amount of each Advance shall bear interest from the date of such Advance until indefeasibly paid in full at a per annum rate equal to the Base Interest Rate. (b) Notwithstanding anything to the contrary in Section 2.4(a), if an Event of Default is in existence, all outstanding amounts of principal and, to the extent permitted by applicable law, all overdue interest in respect of the Loan, shall bear interest, payable on demand, at a per annum rate equal to the Default Interest Rate. If any amount (other than the principal of and interest on the Loan) payable by Borrower under the Loan Documents is not paid when due, such amount shall bear interest, payable on demand, at a per annum rate equal to the Default Interest Rate. (c) Prior to maturity, whether by acceleration or otherwise, interest on each Advance shall be due and payable in arrears on the first day of each month, beginning with the first day of the first calendar month occurring after the date of such Advance. (d) On and after the Applicable Maturity Date for each Advance, all interest on such Advance shall be due and payable on demand. (e) If Borrower shall fail to pay any portion of the Obligations within 5 days of its due date, Borrower shall also pay Lender a late charge calculated at the rate of 5% of the Obligations for the purpose of defraying the expenses incident to handling such delinquent payment; provided that in no event shall Borrower be required to pay a late fee greater than the maximum amount permitted under applicable law or pay a late fee as to the principal amount of an Advance at or after a maturity of such Advance. Such late charge shall be in addition to, and not in lieu of, any other remedy Lender may have and is in addition to any reasonable fees and charges of any agents or attorneys that Lender is entitled to employ upon any Event of Default by Borrower hereunder or under any other Loan Document, whether authorized herein or by applicable law. (f) All computations of interest on the Loan hereunder and of other fees hereunder shall be made on the actual number of days elapsed over a year of 360 days. (g) All payments by Borrower under the Loan Documents shall be in immediately available funds, without set-off or counterclaim. (h) The Lender shall determine the interest rate applicable to each Advance hereunder in accordance with the definition of Base Interest Rate. The Lender shall give prompt notice to the Borrower of each rate of interest so determined, and its determination thereof shall be conclusive and binding in the absence of manifest error.

Interest Rates and Payment. (a) a. The unpaid principal amount of each Advance shall bear interest from the date of such Advance until indefeasibly paid in full at a per annum rate equal to the Base Interest Rate. (b) b. Notwithstanding anything to the contrary in Section 2.4(a), if an Event of Default is in existence, all outstanding amounts of principal and, to the extent permitted by applicable law, all overdue interest in respect of the Loan, shall bear interest, payable on demand, at a per annum rate equal to the Default Interest Rate. If any amount (other than the principal of and interest on the Loan) payable by Borrower under the Loan Documents is not paid when due, such amount shall bear interest, payable on demand, at a per annum rate equal to the Default Interest Rate. (c) c. Prior to maturity, whether by acceleration or otherwise, interest on each Advance shall be due and payable in arrears on the first day of each month, beginning with the first day of the first calendar month occurring after the date of such Advance. (d) d. On and after the Applicable Maturity Date for each Advance, all interest on such Advance shall be due and payable on demand. (e) e. If Borrower shall fail to pay any portion of the Obligations within 5 days of its due date, Borrower shall also pay Lender a late charge calculated at the rate of 5% of the Obligations for the purpose of defraying the expenses incident to handling such delinquent payment; provided that in no event shall Borrower be required to pay a late fee greater than the maximum amount permitted under applicable law or pay a late fee as to the principal amount of an Advance at or after a maturity of such Advance. Such late charge shall be in addition to, and not in lieu of, any other remedy Lender may have and is in addition to any reasonable fees and charges of any agents or attorneys that Lender is entitled to employ upon any Event of Default by Borrower hereunder or under any other Loan Document, whether authorized herein or by applicable law. (f) f. All computations of interest on the Loan hereunder and of other fees hereunder shall be made on the actual number of days elapsed over a year of 360 days. (g) g. All payments by Borrower under the Loan Documents shall be in immediately available funds, without set-off or counterclaim. (h) h. The Lender shall determine the interest rate applicable to each Advance hereunder in accordance with the definition of Base Interest Rate. The Lender shall give prompt notice to the Borrower of each rate of interest so determined, and its determination thereof shall be conclusive and binding in the absence of manifest error.

Interest Rates and Payment. DATES -------------------------------- (a) The unpaid principal amount of each Advance Each LIBOR Loan shall bear interest from the date of such Advance until indefeasibly paid in full for each day during each Interest Period with respect thereto at a rate per annum rate equal to the Base Adjusted LIBO Rate determined for such Interest RatePeriod plus the Applicable Margin in effect for such day. (b) Notwithstanding anything to the contrary in Section 2.4(a), if an Event of Default is in existence, all outstanding amounts of principal and, to the extent permitted by applicable law, all overdue interest in respect of the Loan, Each ABR Loan shall bear interest, payable on demand, interest at a rate per annum rate equal to the Default Interest Rate. If any amount (other than the principal of and interest on the Loan) payable by Borrower under the Loan Documents is not paid when due, such amount shall bear interest, payable on demand, at a per annum rate equal to the Default Interest RateABR. (c) Prior to maturity, whether by acceleration or otherwise, interest on each Advance Each Multicurrency Loan shall be due and payable in arrears on the first day of each month, beginning with the first day of the first calendar month occurring after the date of such Advancea LIBOR Loan. (d) On and after Each Swingline Loan shall bear interest at a rate per annum (rounded upwards, if necessary, to the Applicable Maturity Date for each Advance, all interest next 1/100 of one percent) equal to the sum of (a) the Federal Funds Effective Rate in effect on such Advance day plus (b) such margin upon which the Swingline Lender and the Borrower shall be due and payable on demandagree, upon receipt by the Swingline Lender of a Swingline Loan request pursuant to subsection 2.4. (e) If Borrower shall fail to pay any all or a portion of the Obligations within 5 days (i) any principal of its any Loan, (ii) any interest payable thereon, (iii) any facility fee or (iv) any other amount payable hereunder shall not be paid when due date, Borrower shall also pay Lender a late charge calculated (whether at the rate of 5% stated maturity, by acceleration or otherwise), the principal of the Obligations for Loans and any such overdue interest, facility fee or other amount shall bear interest at a rate per annum which is (x) in the purpose case of defraying principal, the expenses incident to handling such delinquent payment; provided rate that in no event shall Borrower would otherwise be required to pay a late fee greater than the maximum amount permitted under applicable law or pay a late fee as thereto pursuant to the principal amount foregoing provisions of an Advance at this subsection plus 2% or after a maturity (y) in the case of any such overdue interest, facility fee or other amount, the rate described in paragraph (b) of this subsection plus 2%, in each case from the date of such Advance. Such late charge shall be non-payment until such overdue principal, interest, facility fee or other amount is paid in addition to, and not in lieu of, any other remedy Lender may have and is in addition to any reasonable fees and charges of any agents or attorneys that Lender is entitled to employ upon any Event of Default by Borrower hereunder or under any other Loan Document, whether authorized herein or by applicable lawfull (as well after as before judgment). (f) All computations of interest on the Loan hereunder and of other fees hereunder Interest pursuant to this subsection shall be made payable in arrears on the actual number each Interest Payment Date PROVIDED that interest accruing pursuant to paragraph (e) of days elapsed over a year of 360 days. (g) All payments by Borrower under the Loan Documents this subsection shall be in immediately available funds, without set-off or counterclaimpayable from time to time on demand. (h) The Lender shall determine the interest rate applicable to each Advance hereunder in accordance with the definition of Base Interest Rate. The Lender shall give prompt notice to the Borrower of each rate of interest so determined, and its determination thereof shall be conclusive and binding in the absence of manifest error.

Interest Rates and Payment. DATES FOR RATE-BASED LOANS. (a) The unpaid principal amount Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Eurodollar Rate determined for such Interest Period plus the Applicable Margin. (b) Each ABR Loan shall bear interest at a rate per annum equal to the ABR plus, with respect to any Tranche B Portfolio Loan that is an ABR Loan outstanding when Rating V is in effect, a margin of .50%. (c) Each Tranche A Swing Line Loan shall bear interest at a rate per annum equal to the Tranche A Swing Line Rate, and each Tranche B Swing Line Loan shall bear interest at a rate per annum equal to the applicable Tranche B Swing Line Rate. (d) Each CAF Advance shall bear interest at the rate per annum specified in the CAF Advance Offer accepted by HomeSide in connection with such CAF Advance. (e) If all or a portion of the Principal Amount of any Loan or any interest payable thereon shall not be paid when due (whether at the stated Maturity Date, by acceleration or otherwise), the outstanding Principal Amount of the Loans shall bear interest at a rate per annum equal to the Post-Default Rate, in each case from the date of such Advance non-payment until indefeasibly such amount is paid in full at a per annum rate equal to the Base Interest Rate. (b) Notwithstanding anything to the contrary in Section 2.4(aas well after as before judgment), if an Event of Default is in existence, all outstanding amounts of principal and, to the extent permitted by applicable law, all overdue interest in respect of the Loan, shall bear interest, payable on demand, at a per annum rate equal to the Default Interest Rate. If any amount (payable hereunder other than the principal of and interest on the Loan) payable by Borrower under the Loan Documents is amounts set forth above shall not be paid when due, such amount shall bear interest, payable on demand, interest at a rate per annum rate equal to the Post-Default Interest Rate. (c) Prior to maturity, whether by acceleration or otherwise, interest on each Advance shall be due and payable Rate until paid in arrears on the first day of each month, beginning with the first day of the first calendar month occurring after the date of such Advance. (d) On and after the Applicable Maturity Date for each Advance, all interest on such Advance shall be due and payable on demand. (e) If Borrower shall fail to pay any portion of the Obligations within 5 days of its due date, Borrower shall also pay Lender a late charge calculated at the rate of 5% of the Obligations for the purpose of defraying the expenses incident to handling such delinquent payment; provided that in no event shall Borrower be required to pay a late fee greater than the maximum amount permitted under applicable law or pay a late fee as to the principal amount of an Advance at or after a maturity of such Advance. Such late charge shall be in addition to, and not in lieu of, any other remedy Lender may have and is in addition to any reasonable fees and charges of any agents or attorneys that Lender is entitled to employ upon any Event of Default by Borrower hereunder or under any other Loan Document, whether authorized herein or by applicable lawfull. (f) All computations Interest shall be payable in arrears on each Interest Payment Date, PROVIDED, that interest accruing pursuant to paragraph (e) of this subsection shall be payable on demand and PROVIDED, FURTHER, that interest accrued on ABR Loans for each day during each calendar month shall be payable on the Loan hereunder and of other fees hereunder shall be made on the actual number of days elapsed over a year of 360 daysInterest Payment Date first following such calendar month. (g) All payments by Borrower under the Loan Documents shall be in immediately available funds, without set-off or counterclaim. (h) The Lender shall determine the interest rate applicable to each Advance hereunder in accordance with the definition of Base Interest Rate. The Lender shall give prompt notice to the Borrower of each rate of interest so determined, and its determination thereof shall be conclusive and binding in the absence of manifest error.

Interest Rates and Payment. (ab) The unpaid principal amount of each Advance Each LIBOR Loan shall bear interest on the outstanding principal amount thereof, for each day from the date of such Advance Loan is made until indefeasibly paid in full it becomes due, at a rate per annum rate equal to the Base Interest Ratesum of (i) Adjusted LIBOR and (ii) the Applicable --- ----- Margin. (bc) Notwithstanding anything to the contrary in Section 2.4(a), if an Event of Default is in existence, all outstanding amounts of Overdue principal and, to the extent permitted by applicable law, all overdue interest in respect of the Loanon Loans made hereunder, and all other overdue amounts payable hereunder from time to time, shall bear interest, payable on demand, at a per annum rate equal for each day from the date payment thereof was due to the Default Interest Rate. If any amount (other than the principal of and interest on the Loan) payable by Borrower under the Loan Documents is not paid when due, such amount shall bear interest, payable on demand, at a per annum rate equal to the Default Interest Rate. (c) Prior to maturity, whether by acceleration or otherwise, interest on each Advance shall be due and payable in arrears on the first day of each month, beginning with the first day of the first calendar month occurring after the date of actual payment at a rate per annum equal --- ----- to the sum of (i) the rate otherwise applicable to such Advanceamount or, if no such rate was applicable, then the Base Rate, and (ii) two percent (2.0%). (d) On and after the Applicable Maturity Date for each Advance, all interest on such Advance shall be due and payable on demand. (e) If Borrower shall fail to pay any portion of the Obligations within 5 days of its due date, Borrower shall also pay Lender a late charge calculated at the rate of 5% of the Obligations for the purpose of defraying the expenses incident to handling such delinquent payment; provided that in no event shall Borrower be required to pay a late fee greater than the maximum amount permitted under applicable law or pay a late fee as to the principal amount of an Advance at or after a maturity of such Advance. Such late charge shall be in addition to, and not in lieu of, any other remedy Lender may have and is in addition to any reasonable fees and charges of any agents or attorneys that Lender is entitled to employ upon any Event of Default by Borrower hereunder or under any other Loan Document, whether authorized herein or by applicable law. (f) All computations of interest on the Loan hereunder and of other fees hereunder shall be made on the actual number of days elapsed over a year of 360 days. (g) All payments by Borrower under the Loan Documents shall be in immediately available funds, without set-off or counterclaim. (h) The Lender Bank shall determine the each interest rate applicable to each Advance hereunder Loans and other amounts due from time to time hereunder, all in accordance with the definition terms of Base Interest Ratethis Agreement. The Lender Bank shall give prompt notice to the Borrower Company of each rate of interest so determined, and its determination thereof shall be conclusive conclusive, absent manifest error. (i) Interest accrued on each Base Rate Loan shall be payable in arrears (A) on the first day of each calendar quarter, commencing on the first such day following the making of such Base Rate Loan, (B) upon the prepayment thereof in full or in part and binding (C) if not theretofor paid in full, at maturity (whether by acceleration or otherwise) of such Base Rate Loan. (ii) Interest accrued on each LIBOR Loan shall be payable in arrears (A) on the last day of each Interest Period applicable to such Loan, (B) with respect to any LIBOR Loan having an Interest Period in excess of three (3) calendar months, the last day of each three (3) calendar month interval during such Interest Period, and (C) if not theretofor paid in full, at maturity (whether by acceleration or otherwise) of such Loan. (f) The Company shall elect consecutive Interest Periods for the Loans by irrevocable written notice to be received by the Bank prior to 9:00 a.m. Los Angeles, California time on the date (A) in the case of continuation of or conversion into a LIBOR Loan, at least three Business Days prior to the expiration date of the current Interest Period and (B) in the case of continuation of or conversion into a Base Rate Loan, at least one Business Day prior to the expiration date of the current Interest Period. In the absence of manifest errorreceipt by the Bank of such notice for a Loan, such Loan shall be continued as or converted into, as the case may be, a Base Rate Loan having an Interest Period of one day.

Interest Rates and Payment. (a) The unpaid principal amount of each Advance Each Base Rate Loan shall bear interest on the outstanding principal amount thereof, for each day from the date of such Advance Loan is made until indefeasibly paid in full it becomes due and payable, at a rate per annum rate equal to the lesser of (i) the sum of the Base Interest Rate as in effect for each such day plus the Applicable Margin and (ii) the Maximum Rate. (b) Notwithstanding anything to . Accrued, unpaid interest on the contrary in Section 2.4(a), if an Event outstanding principal of Default is in existence, all outstanding amounts the Base Rate Loans shall be due and payable on each Quarterly Date. Any principal of principal and, to the extent permitted by applicable lawLaw, all overdue accrued and unpaid interest in respect of the Loan, on any Base Rate Loan which has become due and payable shall bear interestinterest on the unpaid portion thereof, payable on demand, for each day from such due date and until paid, at the Default Rate. (b) Each LIBOR Loan shall bear interest on the outstanding principal amount thereof, for the Interest Period applicable thereto, at a rate per annum rate equal to the Default Interest lesser of (i) the sum of the Applicable Margin plus the applicable Adjusted London Interbank Offered Rate and (ii) the Maximum Rate. If any amount (other than the principal of and Accrued, unpaid interest on the Loanoutstanding principal of each LIBOR Loan shall be due and payable for each Interest Period (i) on the last day thereof for each LIBOR Loan having an Interest Period equal to one month or three months and (ii) on each Quarterly Date during the Interest Period and on the last day thereof for each LIBOR Loan having an Interest Period equal to six months. Any principal of and, to the extent permitted by Law, interest on any LIBOR Loan which has become due and payable by Borrower under the Loan Documents is not paid when due, such amount shall bear interestinterest on the unpaid portion thereof, payable on demand, for each day from such due date and until paid, at a per annum rate equal to the Default Interest Rate. (c) Prior The Agent shall determine each interest rate applicable to maturity, whether by acceleration or otherwise, interest on the Loans hereunder and each Advance fee hereunder. Interest for all Base Rate Loans and all fees shall be due and payable in arrears computed on the first day basis of a year of 360 days, in each month, beginning with the first day of the first calendar month occurring after the date of such Advance. (d) On and after the Applicable Maturity Date case for each Advance, all interest on such Advance shall be due and payable on demand. (e) If Borrower shall fail to pay any portion of the Obligations within 5 days of its due date, Borrower shall also pay Lender a late charge calculated at the rate of 5% of the Obligations for the purpose of defraying the expenses incident to handling such delinquent payment; provided that in no event shall Borrower be required to pay a late fee greater than the maximum amount permitted under applicable law or pay a late fee as to the principal amount of an Advance at or after a maturity of such Advance. Such late charge shall be in addition to, and not in lieu of, any other remedy Lender may have and is in addition to any reasonable fees and charges of any agents or attorneys that Lender is entitled to employ upon any Event of Default by Borrower hereunder or under any other Loan Document, whether authorized herein or by applicable law. (f) All computations of interest on the Loan hereunder and of other fees hereunder shall be made on the actual number of days elapsed over (including the first day but excluding the last day), except that, if use of a 360-day year would result in a rate in excess of the Maximum Rate, such computation will be made on the basis of a year consisting of 360 365 or 366 days. (g) All payments , as appropriate. Each determination by Borrower under the Loan Documents shall be in immediately available funds, without set-off or counterclaim. (h) The Lender shall determine the Agent of an interest rate applicable to each Advance or fee hereunder in accordance with the definition of Base Interest Rate. The Lender shall give prompt notice to the Borrower of each rate of interest so determined, and its determination thereof shall be conclusive and binding in the absence of manifest error. (d) Notwithstanding the foregoing, if at any time the applicable contractual rate of interest provided for herein (without reference to the Maximum Rate limitation) exceeds the Maximum Rate, then the rate of interest on any Loan or other Obligation shall be limited to the Maximum Rate during such time, and at all times thereafter (including periods during which any or all of such applicable contractual rates of interest have fallen below the Maximum Rate), the interest rate on any Loan or other Obligation shall be the Maximum Rate, or if there is no Maximum Rate in effect, the Agreed Maximum Rate, until the total amount of interest accrued on such Loan or other Obligation equals the amount of interest which would have accrued thereon if the applicable contractual rate of interest (without reference to the Maximum Rate limitation) had at all times been in effect; but in no event shall the aggregate interest payable or paid during the period beginning on the date the initial Loan is made until the Obligations are paid in full exceed an amount equal to interest at the Maximum Rate, so long as the Maximum Rate shall be applicable to this Agreement and the transactions contemplated hereby. If at maturity or final payment of any Note or other Obligations, as applicable, the total amount of

Interest Rates and Payment. (a) The unpaid principal amount of each Advance Loans shall bear interest on the outstanding principal amount thereof at a rate per annum equal to whichever of the following rates as shall be selected by Borrower in its Selection of Interest Rate Form given to Bank at the time of the initial Borrowing: (i) the Prime Rate the Bank may charge from time to time, or (ii) the sum of the Applicable Margin PLUS the applicable Wall Street Journal London Interbank Offered Rate, but never more than the Maximum Rate. The interest rate so selected by Borrower shall continue to be effective as to all Loans until the date of such Advance until indefeasibly paid in full at a per annum rate equal maturity unless no less than three Business Days prior to the Base Interest Rate. (b) Notwithstanding anything end of any month before maturity, Borrower shall change its selection on one or more occasions by submitting to the contrary Bank a new Selection of interest Rate Form. Any new interest rate so selected shall become effective as to all Loans as of the first day of the following month, and such new interest rate shall continue to be effective until the date of maturity unless again changed by Borrower in accordance with the preceding sentence of this Section 2.4(a). Accrued, if an Event unpaid interest on the outstanding principal of Default is in existence, all outstanding amounts the Loans shall be due and payable monthly as it accrues on the first day of each month for the Loans. Any principal of and, to the extent permitted by applicable lawLaw, all overdue interest in respect of on the Loan, Loans which has become due and payable shall bear interestinterest on the unpaid portion thereof, payable on demand, for each day from such due date and until paid, at a per annum rate equal to the Default Interest Rate. If any amount (other than the principal of and interest on the Loan) payable by Borrower under the Loan Documents is not paid when due, such amount shall bear interest, payable on demand, at a per annum rate equal to the Default Interest Rate. (c) Prior to maturity, whether by acceleration or otherwise, interest on each Advance shall be due and payable in arrears on the first day of each month, beginning with the first day of the first calendar month occurring after the date of such Advance. (d) On and after the Applicable Maturity Date for each Advance, all interest on such Advance shall be due and payable on demand. (e) If Borrower shall fail to pay any portion of the Obligations within 5 days of its due date, Borrower shall also pay Lender a late charge calculated at the rate of 5% of the Obligations for the purpose of defraying the expenses incident to handling such delinquent payment; provided that in no event shall Borrower be required to pay a late fee greater than the maximum amount permitted under applicable law or pay a late fee as to the principal amount of an Advance at or after a maturity of such Advance. Such late charge shall be in addition to, and not in lieu of, any other remedy Lender may have and is in addition to any reasonable fees and charges of any agents or attorneys that Lender is entitled to employ upon any Event of Default by Borrower hereunder or under any other Loan Document, whether authorized herein or by applicable law. (f) All computations of interest on the Loan hereunder and of other fees hereunder shall be made on the actual number of days elapsed over a year of 360 days. (g) All payments by Borrower under the Loan Documents shall be in immediately available funds, without set-off or counterclaim. (hb) The Lender Bank shall determine the interest rate applicable to the Loans hereunder and each Advance fee hereunder. Interest for all Loans and all fees shall be computed on the basis of a year of 360 days, in each case for the actual number of days elapsed (including the first day but excluding the last day), except that, if use of a 360-day year would result in a rate in excess of the Maximum Rate, such computation will be made on the basis of a year consisting of 365 or 366 days, as appropriate. Each determination by the Bank of an interest rate or fee hereunder in accordance with the definition of Base Interest Rate. The Lender shall give prompt notice to the Borrower of each rate of interest so determined, and its determination thereof shall be conclusive and binding in the absence of manifest error. (c) Notwithstanding the foregoing, if at any time the applicable contractual rate of interest provided for herein (without reference to the Maximum Rate limitation) exceeds the Maximum Rate, then the rate of interest on the Loans or other Obligation shall be limited to the Maximum Rate during such time, and at all times thereafter (including periods during which any or all of such applicable contractual rates of interest have fallen below the Maximum Rate), the interest rate on the Loans or other Obligation shall be the Maximum Rate, or if there is no Maximum Rate in effect, the Agreed Maximum Rate, until the total amount of interest accrued on the Loans or other Obligation equals the amount of interest which would have accrued thereon if the applicable contractual rate of interest (without reference to the Maximum Rate limitation) had at all times been in effect; but in no event shall the aggregate interest payable or paid during the period beginning on the date the initial Loan is made until the Obligations are paid in full exceed an amount equal to interest at the Maximum Rate, so long as the Maximum Rate shall be applicable to this Agreement and the transactions contemplated hereby. If at maturity or final payment of the Notes or other Obligations, as applicable, the total amount of interest paid or accrued on the Notes or other Obligations under the foregoing provisions is less than the total amount of interest which would have been paid or accrued if the applicable contractual rate of interest provided for herein had at all times been in effect, then the Borrower agrees, to the fullest extent permitted by Law, to pay an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been paid or accrued on the Notes or other Obligations, as applicable, if the Maximum Rate had at all times been in effect and (B)the amount of interest which would have been paid or accrued on the Notes or other Obligations, as applicable, if a rate per annum equal to the applicable contractual rate of interest provided for herein had at all times been in effect, and (ii) the amount of interest paid or accrued in accordance with the other provisions of the Notes or other Obligations, as applicable. (d) The payment of interest (or any amount deemed to be interest) on the Notes and on any other Obligation shall, in all respects regarding each Loan Document, be subject to the provisions of Section 8.8. (e) Unless the maturity of the Notes shall have sooner accrued, the outstanding principal balance of the Notes and any accrued, unpaid interest shall be finally and fully payable on February 20, 1999.

Interest Rates and Payment. (a) The unpaid principal amount of each Advance Each Base Rate Loan shall bear interest on the outstanding principal amount thereof, for each day from the date of such Advance Loan is made until indefeasibly paid in full it becomes due and payable, at a rate per annum rate equal to the lesser of (i) the sum of the Base Interest Rate as in effect for each such day plus the Applicable Margin and (ii) the Maximum Rate. (b) Notwithstanding anything to . Accrued, unpaid interest on the contrary in Section 2.4(a), if an Event outstanding principal of Default is in existence, all outstanding amounts the Base Rate Loans shall be due and payable on each Quarterly Date. Any principal of principal and, to the extent permitted by applicable lawLaw, all overdue accrued and unpaid interest in respect of the Loan, on any Base Rate Loan which has become due and payable shall bear interestinterest on the unpaid portion thereof, payable on demand, for each day from such due date and until paid, at the Default Rate. (b) Each LIBOR Loan shall bear interest on the outstanding principal amount thereof, for the Interest Period applicable thereto, at a rate per annum rate equal to the Default Interest lesser of (i) the sum of the Applicable Margin plus the applicable Adjusted London Interbank Offered Rate and (ii) the Maximum Rate. If any amount (other than the principal of and Accrued, unpaid interest on the Loanoutstanding principal of each LIBOR Loan shall be due and payable for each Interest Period (i) on the last day thereof for each LIBOR Loan having an Interest Period equal to one month or three months and (ii) on each Quarterly Date during the Interest Period and on the last day thereof for each LIBOR Loan having an Interest Period equal to six months. Any principal of and, to the extent permitted by Law, interest on any LIBOR Loan which has become due and payable by Borrower under the Loan Documents is not paid when due, such amount shall bear interestinterest on the unpaid portion thereof, payable on demand, for each day from such due date and until paid, at a per annum rate equal to the Default Interest Rate. (c) Prior The Agent shall determine each interest rate applicable to maturity, whether by acceleration or otherwise, interest on the Loans hereunder and each Advance fee hereunder. Interest for all Base Rate Loans and all fees shall be due and payable in arrears computed on the first day basis of a year of 360 days, in each month, beginning with the first day of the first calendar month occurring after the date of such Advance. (d) On and after the Applicable Maturity Date case for each Advance, all interest on such Advance shall be due and payable on demand. (e) If Borrower shall fail to pay any portion of the Obligations within 5 days of its due date, Borrower shall also pay Lender a late charge calculated at the rate of 5% of the Obligations for the purpose of defraying the expenses incident to handling such delinquent payment; provided that in no event shall Borrower be required to pay a late fee greater than the maximum amount permitted under applicable law or pay a late fee as to the principal amount of an Advance at or after a maturity of such Advance. Such late charge shall be in addition to, and not in lieu of, any other remedy Lender may have and is in addition to any reasonable fees and charges of any agents or attorneys that Lender is entitled to employ upon any Event of Default by Borrower hereunder or under any other Loan Document, whether authorized herein or by applicable law. (f) All computations of interest on the Loan hereunder and of other fees hereunder shall be made on the actual number of days elapsed over (including the first day but excluding the last day), except that, if use of a 360-day year would result in a rate in excess of the Maximum Rate, such computation will be made on the basis of a year consisting of 360 365 or 366 days. (g) All payments , as appropriate. Each determination by Borrower under the Loan Documents shall be in immediately available funds, without set-off or counterclaim. (h) The Lender shall determine the Agent of an interest rate applicable to each Advance or fee hereunder in accordance with the definition of Base Interest Rate. The Lender shall give prompt notice to the Borrower of each rate of interest so determined, and its determination thereof shall be conclusive and binding in the absence of manifest error. (d) Notwithstanding the foregoing, if at any time the applicable contractual rate of interest provided for herein (without reference to the Maximum Rate limitation) exceeds the Maximum Rate, then the rate of interest on any Loan or other Obligation shall be limited to the Maximum Rate during such time, and at all times thereafter (including periods during which any or all of such applicable contractual rates of interest have fallen below the Maximum Rate), the interest rate on any Loan or other Obligation shall be the Maximum Rate, or if there is no Maximum Rate in effect, the Agreed Maximum Rate, until the total amount of interest accrued on such Loan or other Obligation equals the amount of interest which would have accrued thereon if the applicable contractual rate of interest (without reference to the Maximum Rate limitation) had at all times been in effect; but in no event shall the aggregate interest payable or paid during the period beginning on the date the initial Loan is made until the Obligations are paid in full exceed an amount equal to interest at the Maximum Rate so long as the Maximum Rate shall be applicable to this Agreement and the transactions contemplated hereby. If at maturity or final payment of any Note or other Obligations, as applicable, the total amount of interest paid or accrued on such Note or other Obligations under the foregoing provisions is less than the total amount of interest which would have been paid or accrued if the applicable contractual rate of interest provided for herein had at all times been in effect, then each Borrower agrees, to the fullest extent permitted by Law, to pay an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been paid or accrued on such Note or other Obligations, as applicable, if the Maximum Rate had at all times been in effect; and (B) the amount of interest which would have been paid or accrued on such Note or other Obligations, as applicable, if a rate per annum equal to the applicable contractual rate of interest provided for herein had at all times been in effect; and (ii) the amount of interest paid or accrued in accordance with the other provisions of such Note or other Obligations, as applicable. (e) The payment of interest (or any amount deemed to be interest) on any Note and on any other Obligation shall, in all respects regarding each Loan Document, be subject to the provisions of Section 10.8.

Interest Rates and Payment. (a) The unpaid principal amount of each Advance Each Base Rate Loan shall bear interest on the outstanding principal amount thereof, for each day from the date of such Advance Loan is made until indefeasibly paid in full it becomes due and payable, at a rate per annum rate equal to the lesser of (i) the sum of the Base Interest Rate as in effect for each such day plus the Applicable Margin and (ii) the Maximum Rate. (b) Notwithstanding anything to . Accrued, unpaid interest on the contrary in Section 2.4(a), if an Event outstanding principal of Default is in existence, all outstanding amounts the Base Rate Loans shall be due and payable on each Monthly Date. Any principal of principal and, to the extent permitted by applicable lawLaw, all overdue accrued and unpaid interest in respect of the Loan, on any Base Rate Loan which has become due and payable shall bear interestinterest on the unpaid portion thereof, payable on demand, for each day from such due date and until paid, at the Default Rate. (b) Each LIBOR Loan shall bear interest on the outstanding principal amount thereof, for the Interest Period applicable thereto, at a rate per annum rate equal to the Default Interest lesser of (i) the sum of the Applicable Margin plus the applicable Adjusted London Interbank Offered Rate and (ii) the Maximum Rate. If any amount (other than the principal of and Accrued, unpaid interest on the Loan) outstanding principal of each LIBOR Loan shall be due and payable for each Interest Period on each Monthly Date during the Interest Period and on the last day thereof. Any principal of and, to the extent permitted by Borrower under the Law, interest on any LIBOR Loan Documents is not paid when due, such amount which has become due and payable shall bear interestinterest on the unpaid portion thereof, payable on demand, for each day from such due date and until paid, at a per annum rate equal to the Default Interest Rate. (c) Prior The Agent shall in good faith determine each interest rate applicable to maturity, whether by acceleration or otherwise, interest on the Loans hereunder and each Advance fee hereunder pursuant to the terms hereof. Interest for all Base Rate Loans and all fees shall be due and payable in arrears computed on the first day basis of a year of 360 days, in each month, beginning with the first day of the first calendar month occurring after the date of such Advance. (d) On and after the Applicable Maturity Date case for each Advance, all interest on such Advance shall be due and payable on demand. (e) If Borrower shall fail to pay any portion of the Obligations within 5 days of its due date, Borrower shall also pay Lender a late charge calculated at the rate of 5% of the Obligations for the purpose of defraying the expenses incident to handling such delinquent payment; provided that in no event shall Borrower be required to pay a late fee greater than the maximum amount permitted under applicable law or pay a late fee as to the principal amount of an Advance at or after a maturity of such Advance. Such late charge shall be in addition to, and not in lieu of, any other remedy Lender may have and is in addition to any reasonable fees and charges of any agents or attorneys that Lender is entitled to employ upon any Event of Default by Borrower hereunder or under any other Loan Document, whether authorized herein or by applicable law. (f) All computations of interest on the Loan hereunder and of other fees hereunder shall be made on the actual number of days elapsed over (including the first day but excluding the last day), except that, if use of a 360 day year would result in a rate in excess of the Maximum Rate, such computation will be made on the basis of a year consisting of 360 365 or 366 days. (g) All payments , as appropriate. Each such determination by Borrower under the Loan Documents shall be in immediately available funds, without set-off or counterclaim. (h) The Lender shall determine the Agent of an interest rate applicable to each Advance or fee hereunder in accordance with the definition of Base Interest Rate. The Lender shall give prompt notice to the Borrower of each rate of interest so determined, and its determination thereof shall be conclusive and binding in the absence of manifest error. (d) Notwithstanding the foregoing, if at any time the applicable contractual rate of interest provided for herein (without reference to the Maximum Rate limitation) exceeds the Maximum Rate, then the rate of interest on any Loan or other Obligation shall be limited to the Maximum Rate during such time, and at all times thereafter (including periods during which any or all of such applicable contractual rates of interest have fallen below the Maximum Rate), the interest rate on any Loan or other Obligation shall be the Maximum Rate, or if there is no CREDIT AGREEMENT 23 29 Maximum Rate in effect, the Agreed Maximum Rate, until the total amount of interest accrued on such Loan or other Obligation equals the amount of interest which would have accrued thereon if the applicable contractual rate of interest (without reference to the Maximum Rate limitation) had at all times been in effect; but in no event shall the aggregate interest payable or paid during the period beginning on the date the initial Loan is made until the Obligations are paid in full exceed an amount equal to interest at the Maximum Rate, so long as the Maximum Rate shall be applicable to this Agreement and the transactions contemplated hereby. If at maturity or final payment of any Note or other Obligations, as applicable, the total amount of interest paid or accrued on such Note or other Obligations under the foregoing provisions is less than the total amount of interest which would have been paid or accrued if the applicable contractual rate of interest provided for herein had at all times been in effect, then Borrower agrees, to the fullest extent permitted by Law, to pay an amount equal to the difference between (i) the lesser of (A) the amount of interest which would have been paid or accrued on such Note or other Obligations, as applicable, if the Maximum Rate had at all times been in effect and (B) the amount of interest which would have been paid or accrued on such Note or other Obligations, as applicable, if a rate per annum equal to the applicable contractual rate of interest provided for herein had at all times been in effect, and (ii) the amount of interest paid or accrued in accordance with the other provisions of such Note or other Obligations, as applicable. (e) The payment of interest (or any amount deemed to be interest) on any Note and on any other Obligation shall, in all respects regarding each of the Loan Papers, be subject to the provisions of SECTION 10.8.

Interest Rates and Payment. Dates(a). (a) The unpaid Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Eurodollar Rate determined for such day plus the Applicable Margin in effect for such day. (b) Each Base Rate Loan shall bear interest for each day on which it is outstanding at a rate per annum equal to the Base Rate in effect for such day plus the Applicable Margin in effect for such day. (i) If all or a portion of the principal amount of each Advance any Loan or Reimbursement Obligation shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), all outstanding Loans and Reimbursement Obligations (whether or not overdue) (to the extent legally permitted) shall bear interest at a rate per annum that is equal to (x) in the case of the Loans, the rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this Section plus 2.0% or (y) in the case of Reimbursement Obligations, the rate applicable to Base Rate Loans under the Revolving Credit Facility plus 2.0%, and (ii) if all or a portion of any interest payable on any Loan or Reimbursement Obligation or any commitment fee or other amount payable hereunder shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), such overdue amount shall bear interest at a rate per annum equal to the rate then applicable to Base Rate Loans under the relevant Facility plus 2.0% (or, in the case of any such other amounts that do not relate to a particular Facility, the rate then applicable to Base Rate Loans under the Revolving Credit Facility plus 2.0%), in each case, with respect to clauses (i) and (ii) above, from the date of such Advance non-payment until indefeasibly such amount is paid in full at a per annum rate equal to the Base Interest Rate. (b) Notwithstanding anything to the contrary in Section 2.4(aafter as well as before judgment), if an Event of Default is in existence, all outstanding amounts of principal and, to the extent permitted by applicable law, all overdue interest in respect of the Loan, shall bear interest, payable on demand, at a per annum rate equal to the Default Interest Rate. If any amount (other than the principal of and interest on the Loan) payable by Borrower under the Loan Documents is not paid when due, such amount shall bear interest, payable on demand, at a per annum rate equal to the Default Interest Rate. (c) Prior to maturity, whether by acceleration or otherwise, interest on each Advance shall be due and payable in arrears on the first day of each month, beginning with the first day of the first calendar month occurring after the date of such Advance. (d) On and after the Applicable Maturity Date for each Advance, all interest on such Advance Interest shall be due and payable in arrears on each Interest Payment Date, provided that interest accruing pursuant to paragraph (c) of this Section shall be payable from time to time on demand. (e) If Borrower shall fail to pay any portion of the Obligations within 5 days of its due date, Borrower shall also pay Lender a late charge calculated at the rate of 5% of the Obligations for the purpose of defraying the expenses incident to handling such delinquent payment; provided that in no event shall Borrower be required to pay a late fee greater than the maximum amount permitted under applicable law or pay a late fee as to the principal amount of an Advance at or after a maturity of such Advance. Such late charge shall be in addition to, and not in lieu of, any other remedy Lender may have and is in addition to any reasonable fees and charges of any agents or attorneys that Lender is entitled to employ upon any Event of Default by Borrower hereunder or under any other Loan Document, whether authorized herein or by applicable law. (f) All computations of interest on the Loan hereunder and of other fees hereunder shall be made on the actual number of days elapsed over a year of 360 days. (g) All payments by Borrower under the Loan Documents shall be in immediately available funds, without set-off or counterclaim. (h) The Lender shall determine the interest rate applicable to each Advance hereunder in accordance with the definition of Base Interest Rate. The Lender shall give prompt notice to the Borrower of each rate of interest so determined, and its determination thereof shall be conclusive and binding in the absence of manifest error.