Common use of Rates & Fees Clause in Contracts

Rates & Fees. (a) Subject to Section 2.2 and Section 2.3, pursuant to an appropriately delivered Borrowing Request or Continuation/Conversion Notice, the applicable Borrower may elect that the Loans accrue interest at a rate per annum: (i) on that portion maintained from time to time as a Base Rate Loan, equal to the sum of the Alternate Base Rate from time to time in effect plus the Applicable Margin; and (ii) on that portion maintained as a LIBO Rate Loan, during each Interest Period applicable thereto, equal to the sum of the LIBO Rate (Reserve Adjusted) for such Interest Period plus the Applicable Margin. All LIBO Rate Loans shall bear interest from and including the first day of the applicable Interest Period to (but not including) the last day of such Interest Period at the interest rate determined as applicable to such LIBO Rate Loan. Interest on Base Rate Loans shall be calculated from and including the first day of the borrowing of such Base Rate Loan to (but not including) the date interest is required to be paid on such Base Rate Loan pursuant to Section 3.2.3. (b) Synthetic Revolving Deposits in the Synthetic Revolving Deposit Account shall accrue fees (the “Participation Fees”) at a rate per annum equal to the Applicable Margin applicable to LIBO Rate Loans plus 0.10% on the daily amount of the aggregate Synthetic Revolving Deposits (less the daily principal amount of aggregate Synthetic Revolving Loans that have not been reimbursed pursuant to Section 2.1.3(d)(i) during such period), which Participation Fees shall be payable by the Cayman Borrower quarterly in arrears to the Administrative Agent on behalf of Lenders with Synthetic Revolving Deposits. Participation Fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

Rates & Fees. (a) Subject to Section 2.2 and Section 2.3, pursuant Pursuant to an appropriately delivered Borrowing Request or Continuation/Conversion Notice, the applicable Borrower may elect that the Loans comprising a Borrowing accrue interest at a rate per annum: (i) on that portion maintained from time to time as a Base Rate Loan, equal to the sum of the Alternate Adjusted Base Rate from time to time in effect plus the Applicable Margin; and (ii) on that portion maintained as a LIBO Rate Loan, during each Interest Period applicable thereto, equal to the sum of (x) in the case of Revolving Loans or US Term Loans, the Adjusted LIBO Rate (Reserve Adjusted) for such Interest Period plus and (y) in the case of Sterling Term Loans, the UK Adjusted LIBO Rate for such Interest Period, plus, in each case, the Applicable Margin. . (b) All LIBO Rate Loans shall bear interest from and including the first day of the applicable Interest Period to (but not including) the last day of such Interest Period at the interest rate determined as applicable to such LIBO Rate Loan. Interest on Base Rate Loans shall be calculated from and including the first day of the borrowing of such Base Rate Loan to (but not including) the date interest is required to be paid on such Base Rate Loan pursuant to Section 3.2.3. (bc) Upon the deposit of the Synthetic Revolving Deposits in the Synthetic Revolving Deposit Account Account, the fees ("Participation Fees") relative to the Synthetic Deposits shall accrue fees (the “Participation Fees”) at a rate per annum equal to the Applicable Margin applicable to sum of the Adjusted LIBO Rate Loans for the relevant Investment Period plus 0.10% on the daily Applicable Margin; provided that the amount of the aggregate Synthetic Revolving Deposits (less the daily principal amount of aggregate Synthetic Revolving Loans that have not been reimbursed pursuant to Section 2.1.3(d)(i) during such period), which Participation Fees shall be due and payable by the Cayman Borrower quarterly in arrears to under this clause shall be the amount set forth above less the Synthetic Deposit Return payable by the Administrative Agent on behalf to the Synthetic Lenders pursuant to clause (d) of Lenders with Synthetic Revolving Deposits. Participation Fees shall be computed on the basis of a year of 360 days and shall be payable Section 2.1.4 for the actual number of days elapsed (including applicable period. All Synthetic Deposits shall accrue fees at all times that they are on deposit in the first day but excluding the last day)Synthetic Deposit Account.

Rates & Fees. (a) Subject to Section 2.2 and Section 2.3, pursuant to an appropriately delivered Borrowing Request or Continuation/Conversion Notice, the applicable Borrower may elect that the Loans accrue interest at a rate per annum: (i) on that portion maintained from time to time as a Base Rate Loan, equal to the sum of the Alternate Base Rate from time to time in effect plus the Applicable Margin; and (ii) on that portion maintained as a LIBO Rate Loan, during each Interest Period applicable thereto, equal to the sum of the LIBO Rate (Reserve Adjusted) for such Interest Period plus the Applicable Margin. All LIBO Rate Loans shall bear interest from and including the first day of the applicable Interest Period to (but not including) the last day of such Interest Period at the interest rate determined as applicable to such LIBO Rate Loan. Interest on Base Rate Loans shall be calculated from and including the first day of the borrowing of such Base Rate Loan to (but not including) the date interest is required to be paid on such Base Rate Loan pursuant to Section 3.2.3. (b) Synthetic Revolving Deposits in the Synthetic Revolving Deposit Account shall accrue fees (the “Participation Fees”) at a rate per annum equal to the Applicable Margin applicable to LIBO Rate Loans plus 0.10% on the daily amount of the aggregate Synthetic Revolving Deposits (less the daily principal amount of aggregate Synthetic Revolving Loans that have not been reimbursed pursuant to Section 2.1.3(d)(i) during such period), which Participation Fees shall be payable by the Cayman Borrower quarterly in arrears to the Administrative Agent on behalf of Lenders with Synthetic Revolving Deposits. Participation Fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day). (c) The Cayman Borrower agrees to pay (i) to each Lender with a Revolving Letter of Credit Participation Obligation, through the Administrative Agent, on each Quarterly Payment Date, commencing on June 30, 2008, and on the date on which the Commitment of such Lender shall be terminated as provided herein a fee (the “Revolving Letter of Credit Participation Fees”), calculated on such Lender’s Percentage of the daily aggregate Revolving Letter of Credit Outstandings during the immediately preceding quarter (or shorter period commencing with the Restatement Effective Date or ending with the Stated Maturity Date in respect of Revolving Letters of Credit or the date on which all Revolving Letters of Credit have been canceled or have expired and the Commitments of all Lenders to make Revolving Loans shall have been terminated) at a rate per annum equal to the Applicable Margin used to determine the interest rate on Revolving Loans composed of LIBO Rate Loans, and (ii) to each Revolving LC Issuer with respect to each outstanding Revolving Letter of Credit issued by it a fronting fee, which shall accrue at the rate of 0.25% per annum or such other rate as shall be separately agreed upon between the Borrower and such Issuing Bank, on the Stated Amount of each such Revolving Letter of Credit, payable quarterly in arrears on each Quarterly Payment Date after the issuance date of each such Revolving Letter of Credit, as well as the Issuing Bank’s standard fees with respect to the issuance, amendment, renewal or extension of any Revolving Letter of Credit issued for the account of (or at the request of) the Cayman Borrower or processing of drawings thereunder. (d) The Cayman Borrower agrees to pay to each Synthetic LC Issuer with respect to each outstanding Synthetic Letter of Credit issued by it a fronting fee, which shall accrue at the rate of 0.25% per annum or such other rate as shall be separately agreed upon between the Borrower and such Issuing Bank, on the Stated Amount of each such Synthetic Letter of Credit, payable quarterly in arrears on each Quarterly Payment Date after the issuance date of each such Synthetic Letter of Credit, as well as the Issuing Bank’s standard fees with respect to the issuance, amendment, renewal or extension of any Synthetic Letter of Credit issued for the account of (or at the request of) the Cayman Borrower or processing of drawings thereunder.

Rates & Fees. (a) Subject to Section 2.2 and Section 2.3, pursuant Pursuant to an appropriately delivered Borrowing Request or Continuation/Conversion Notice, the applicable Borrower may elect that the Loans comprising a Borrowing accrue interest at a rate per annum: (i) on that portion maintained from time to time as a Base Rate Loan, equal to the sum of the Alternate Adjusted Base Rate from time to time in effect plus the Applicable Margin; and (ii) on that portion maintained as a LIBO Rate Loan, during each Interest Period applicable thereto, equal to the sum of the Adjusted LIBO Rate (Reserve Adjusted) for such Interest Period plus the Applicable Margin. All LIBO Rate Loans shall bear interest from and including the first day of the applicable Interest Period to (but not including) the last day of such Interest Period at the interest rate determined as applicable to such LIBO Rate Loan. Interest on Base Rate Loans shall be calculated from and including Upon the first day deposit of the borrowing of such Base Rate Loan to (but not including) the date interest is required to be paid on such Base Rate Loan pursuant to Section 3.2.3. (b) Synthetic Revolving Deposits in the Synthetic Revolving Deposit Account shall accrue Account, the fees (the “Participation Fees”) relative to the Synthetic Deposits shall accrue at a rate per annum equal to the Applicable Margin applicable to sum of the Adjusted LIBO Rate Loans for the relevant Investment Period plus 0.10% on the daily Applicable Margin; provided that the amount of the aggregate Synthetic Revolving Deposits (less the daily principal amount of aggregate Synthetic Revolving Loans that have not been reimbursed pursuant to Section 2.1.3(d)(i) during such period), which Participation Fees shall be due and payable by the Cayman Borrower quarterly in arrears to under this clause shall be the amount set forth above less the Synthetic Deposit Return payable by the Administrative Agent on behalf to the Synthetic Lenders pursuant to clause (d) of Lenders with Synthetic Revolving Deposits. Participation Fees shall be computed on the basis of a year of 360 days and shall be payable Section 2.1.4 for the actual number of days elapsed (including applicable period. All Synthetic Deposits shall accrue fees at all times that they are on deposit in the first day but excluding the last day)Synthetic Deposit Account.