Liquidity Bank Interest Rates. The Borrower may select the LIBO Rate or the Alternate Base Rate for each Liquidity Funding. The Borrower shall by 12:00 noon (New York time): (i) at least three (3) Business Days prior to the expiration of any Terminating Tranche with respect to which the LIBO Rate is being requested as a new Interest Rate and (ii) at least one (1) Business Day prior to the expiration of any Terminating Tranche with respect to which the Alternate Base Rate is being requested as a new Interest Rate, give the Agent irrevocable notice of the new Interest Rate for the Liquidity Funding associated with such Terminating Tranche. Until the Borrower gives notice to the Agent of another Interest Rate, the initial Interest Rate for any Loan transferred to the Liquidity Banks pursuant to the Liquidity Agreement shall be the Alternate Base Rate (unless the Default Rate is then applicable).
Liquidity Bank Interest Rates. 8 Section 4.5 Suspension of the LIBO Rate............................................................... 9 Section 4.6 Default Rate.............................................................................. 9
Liquidity Bank Interest Rates. Subject to the provisions of Section 1.2 and 1.6(c) relating to Loans made by any Lender, Borrower may select the LIBO Rate or the Alternate Base Rate for each Liquidity Funding. Borrower shall by 1:30 pm (New York City time): (a) at least three (3) Business Days prior to the expiration of any Terminating Tranche with respect to which the LIBO Rate is being requested as a new Interest Rate and (b) at least one (1) Business Day prior to the expiration of any Terminating Tranche with respect to which the Alternate Base Rate is being requested as a new Interest Rate, give the applicable Lender Group Agent irrevocable notice of the new Interest Rate for the Liquidity Funding associated with such Terminating Tranche. Subject to the provisions of Section 1.2 and 1.6(c) relating to Loans made by any Lender, until Borrower gives notice to the applicable Lender Group Agent of another Interest Rate, the initial Interest Rate for any Loan transferred to the Liquidity Banks of a Lender Group pursuant to the Liquidity Agreement for such Lender Group shall be the Alternate Base Rate (unless the Default Rate is then applicable).
Liquidity Bank Interest Rates. Borrower may select the LIBO Rate or the Alternate Base Rate for each Liquidity Funding. Borrower shall by 12:00 noon (New York time): (i) at least three (3) Business Days prior to the expiration of any Terminating Tranche with respect to which the LIBO Rate is being requested as a new Interest Rate and (ii) at least one (1) Business Day prior to the expiration of any Terminating Tranche with respect to which the Alternate Base Rate is being requested as a new Interest Rate, give the applicable Co-Agent irrevocable notice of the new Interest Rate for the Liquidity Funding associated with such Terminating Tranche. Until Borrower gives notice to the Applicable Co-Agent of another Interest Rate, the initial Interest Rate for any Loan transferred to the applicable Liquidity Banks pursuant to the applicable Liquidity Agreement shall be the Alternate Base Rate (unless the Default Rate is then applicable).
Liquidity Bank Interest Rates. Borrower may select the LIBO Rate or the Alternate Base Rate for each Bank Funding. Borrower shall by 2:00 p.m. (New York City time): (a) at least two (2) Business Days prior to the expiration of any Terminating Tranche with respect to which the LIBO Rate is being requested as a new Interest Rate and (b) at least one (1) Business Day prior to the expiration of any Terminating Tranche with respect to which the Alternate Base Rate is being requested as a new Interest Rate, give the applicable Lender Group Agent irrevocable notice of the new Interest Rate for the Bank Funding associated with such Terminating Tranche. Until Borrower gives notice to the applicable Lender Group Agent of another Interest Rate, the (i) initial Interest Rate for any Loan transferred to the Liquidity Banks of a Lender Group pursuant to the Liquidity Agreement for such Lender Group and (ii) the Interest Rate for any Terminating Tranche shall be the Alternate Base Rate (unless the Default Rate is then applicable).
Liquidity Bank Interest Rates. 10 Section 4.5 Suspension of the LIBO Rate. 10 Section 4.6
Liquidity Bank Interest Rates. So long as no Amortization Event or an Unmatured Amortization Event shall have occurred and is continuing and subject to Sections 4.5 and 4.6, Borrower may (with the consent of the Agent, which consent shall not be unreasonably withheld) select the LIBO Rate or the Alternate Base Rate for each Liquidity Funding. Borrower shall by 12:00 noon (New York time): (a) at least three (3) Business Days prior to the expiration of any Terminating Tranche with respect to which the LIBO Rate is being requested as a new Interest Rate and (b) at least one (1) Business Day prior to the expiration of any Terminating Tranche with respect to which the Alternate Base Rate is being requested as a new Interest Rate, give the Agent irrevocable notice of the new Interest Rate for the Liquidity Funding associated with such Terminating Tranche. Until Borrower gives notice to the Agent of another Interest Rate, the initial Interest Rate for any Loan transferred to the Liquidity Banks pursuant to the Liquidity Agreement shall be the Alternate Base Rate (unless the Default Rate is then applicable).
Liquidity Bank Interest Rates. Borrower may select the LIBO Rate (subject to Section 4.5) or the Alternate Base Rate for each Bank Funding and Liquidity Funding. Borrower shall by 12:00 noon (New York time): (a) at least three (3) Business Days prior to the expiration of any Terminating Tranche with respect to which the LIBO Rate is being requested as a new Interest Rate and (b) at least one (1) Business Day prior to the expiration of any Terminating Tranche with respect to which the Alternate Base Rate is being requested as a new Interest Rate, give the Administrative Agent irrevocable written notice of the new Interest Rate for the Bank Funding or Liquidity Funding associated with such Terminating Tranche. Until Borrower gives written notice to the Administrative Agent of another Interest Rate, the initial Interest Rate for any Loan transferred to the Liquidity Banks pursuant to the Liquidity Agreement or funded with a Bank Funding shall be the Alternate Base Rate (unless the Default Rate is then applicable).
Liquidity Bank Interest Rates. 9 Section 4.5 Suspension of the LIBO Rate. 10 Section 4.6 Default Rate. 10 Article V Representations and Warranties 10 Section 5.1 Representations and Warranties of the Loan Parties. 10 Article VI Conditions of Advances 14 Section 6.1 Conditions Precedent to Initial Advance. 14 Section 6.2 Conditions Precedent to All Advances. 14 Article VII Covenants 15 Section 7.1 Affirmative Covenants of the Loan Parties. 15 Section 7.2 Negative Covenants of the Loan Parties. 23 Article VIII Administration and Collection 24 Section 8.1 Designation of Servicer. 24 Section 8.2 Duties of Servicer. 25 Section 8.3 Collection Notices. 26 Section 8.4 Responsibilities of Borrower. 27 Section 8.5 Reports. 27 Section 8.6 Servicing Fee. 27 Article IX Amortization Events 27 Section 9.1 Amortization Events. 27 Section 9.2 Remedies. 30 Article X Indemnification 30 Section 10.1 Indemnities by the Loan Parties. 30 Section 10.2 Increased Cost and Reduced Return. 33 Section 10.3 Other Costs and Expenses. 33 Section 10.4 Allocations. 34 Article XI The Agent 34 Section 11.1 Authorization and Action. 34 Section 11.2 Delegation of Duties. 35 Section 11.3 Exculpatory Provisions. 35 Section 11.4 Reliance by Agent. 36 Section 11.5 Non-Reliance on Agent and Other Lenders. 36 Section 11.6 Reimbursement and Indemnification. 37 Section 11.7 Agent in its Individual Capacity. 37 Section 11.8 Successor Agent. 37 Article XII Assignments; Participations 38 Section 12.1 Assignments. 38 Section 12.2 Participations. 39 Article XIII Security Interest 40 Section 13.1 Grant of Security Interest. 40 Section 13.2 Termination after Final Payout Date. 40 Article XIV Miscellaneous 40 Section 14.1 Waivers and Amendments. 40 Section 14.2 Notices. 41 Section 14.3 Ratable Payments. 42 Section 14.4 Protection of Agent’s Security Interest. 42 Section 14.5 Confidentiality. 42 Section 14.6 Bankruptcy Petition. 43 Section 14.7 Limitation of Liability. 43 Section 14.8 CHOICE OF LAW. 43 Section 14.9 CONSENT TO JURISDICTION. 44 Section 14.10 WAIVER OF JURY TRIAL. 44 Section 14.11 Integration; Binding Effect; Survival of Terms. 44 Section 14.12 Counterparts; Severability; Section References. 45 Section 14.13 Wachovia Roles. 45 Section 14.14 Relationship of this Amendment to the Loan and Security Agreement. 45 Section 14.15 Amendment And Restatement. 45 Exhibits Exhibit I Exhibit II Exhibit III Exhibit IV Exhibit V Exhibit VI Exhibit VII Exhibit VIII Exhibit IX Exhibit X Exhibit XI Definitions Form of Borrowing Notice Places of...
Liquidity Bank Interest Rates. The Collection Agent, on behalf of Borrowers, may select the LIBO Rate or the Alternate Base Rate for each Liquidity Funding. The Collection Agent, on behalf of Borrowers, shall by 12:00 noon (New York time): (i) at least three (3) Business Days prior to the expiration of any Terminating Tranche with respect to which the LIBO Rate is being requested as a new Interest Rate and (ii) at least one (1) Business Day prior to the expiration of any Terminating Tranche with respect to which the Alternate Base Rate is being requested as a new Interest Rate, give the applicable Co-Agent irrevocable notice of the new Interest Rate for the Liquidity Funding associated with such Terminating Tranche. Until the Collection Agent, on behalf of Borrowers, gives notice to the Applicable Co-Agent of another Interest Rate, the initial Interest Rate for any Loan transferred to the applicable Liquidity Banks pursuant to the applicable Liquidity Agreement shall be the Alternate Base Rate (unless the Default Rate is then applicable).
