Common use of Selection of Tranche Periods and Tranche Rates Clause in Contracts

Selection of Tranche Periods and Tranche Rates. (a) At all times hereafter, but prior to the occurrence of a Termination Event, the Transferor shall, subject to the Company's approval and the limitations described below, request Tranche Periods and allocate a portion of the Net Investment to each selected Tranche Period, so that the aggregate amounts allocated to outstanding Tranche Periods at all times shall equal the Net Investment. The Transferor shall give the Company irrevocable notice by telephone of the new requested Tranche Period(s) at least three (3) Business Days prior to the expiration of any then existing Tranche Period; provided, -------- however, that the Company may select, in its sole discretion, any such new ------- Tranche Period if (i) the Transferor fails to provide such notice on a timely basis or (ii) the Company determines, in its sole discretion, that the Tranche Period requested by the Transferor is unavailable or for any reason commercially undesirable. The Company confirms that it is its intention to allocate all or substantially all of the Net Investment to one or more CP Tranche Periods; provided that the Company may determine, from time to time, in its sole -------- discretion, that funding such Net Investment by means of one or more CP Tranche Periods is not desirable for any reason. If the Liquidity Provider acquires a Transferred Interest with respect to the Receivables and related property pursuant to the terms of the Liquidity Provider Agreement, the Liquidity Provider may exercise the right of selection granted to the Company hereby. The Tranche Rate applicable to any such Purchased Interest may be the BR Rate, the CD Rate or the Eurodollar Rate, as determined by the Liquidity Provider. In the case of any Tranche Period outstanding upon the occurrence of a Termination Event or on the date of the assignment of the Transferred Interest to the Bank Investors pursuant to Section 9.7, such Tranche Period shall end on the date of such occurrence.

Selection of Tranche Periods and Tranche Rates. (a) Prior to the Termination Date; Pledged Interest held on behalf of the Company. At all times hereafter, but prior to the occurrence Termination Date and not with respect to any portion of a Termination Eventthe Pledged Interest held on behalf of the Bank Investors (or any of them), the Transferor shallPledgors may, subject to the Company's approval and the limitations described below, request Tranche Periods and allocate a portion of the Net Investment to each selected Tranche Period, so that the aggregate amounts allocated to outstanding Tranche Periods at all times shall equal the Net InvestmentInvestment held on behalf of the Company. The Transferor Pledgors shall jointly give the Company irrevocable notice by telephone of the new requested Tranche Period(s) at least three (3) Business Days prior to the expiration of any then existing Tranche Period; provided, -------- however, that in the event of a Tranche Period with respect to a Pledge Date, such notice period shall not exceed the notice period pursuant to Section 2.2 that applies to the related Pledge; provided, further, that the Company may select, in its sole discretion, any such new ------- Tranche Period if (i) the Transferor fails Pledgors fail to provide such notice on a timely basis or (ii) the Company determines, in its sole discretion, that the Tranche Period requested by the Transferor Pledgors is unavailable or for any reason commercially undesirable. The Company confirms that it is its intention to allocate all or substantially all of the Net Investment held on behalf of it to one or more CP Tranche Periods; provided that the Company may determine, from time to time, in its sole -------- discretion, that funding such Net Investment by means of one or more CP Tranche Periods is not possible or is not desirable for any reason. If the Liquidity Provider acquires from the Company a Transferred Purchased Interest with respect to the Receivables and related property pursuant to the terms of the Liquidity Provider Agreement, NationsBank, on behalf of the Liquidity Provider Provider, may exercise the right of selection granted to the Company hereby. The initial Tranche Rate Period applicable to any such Purchased Interest may shall be a period of not greater than 7 days and such Tranche shall be a BR Tranche. Thereafter, provided that the Termination Date shall not have occurred, the Tranche Period applicable thereto shall be the BR Rate, the CD Rate or the Eurodollar Rate, as determined by the Liquidity Provider. In the case of any Tranche Period outstanding upon the occurrence of a Termination Event or on the date of the assignment of the Transferred Interest to the Bank Investors pursuant to Section 9.7, such Tranche Period shall end on the date of such occurrence.the

Selection of Tranche Periods and Tranche Rates. (a) At all times hereafter, but prior to the occurrence of a Termination Event, the Transferor shall, subject to the Company's approval and the limitations described below, request Tranche Periods and allocate a portion of the Net Investment to each selected Tranche Period, so that the aggregate amounts allocated to outstanding Tranche Periods at all times shall equal the Net Investment. The Transferor shall give the Company irrevocable notice by telephone of the new requested Tranche Period(s) at least three (3) Business Days prior to the expiration of any then existing Tranche Period; provided, -------- however, that the Company may select, in its sole discretion, any such new ------- Tranche Period if (i) the Transferor fails to provide such notice on a timely basis or (ii) the Company determines, in its sole discretion, that the Tranche Period requested by the Transferor is unavailable or for any reason commercially undesirable. The Company confirms that it is its intention to allocate all or substantially all of the Net Investment to one or more CP Tranche Periods; provided that the Company may determine, from time to time, in its sole -------- discretion, that funding such Net Investment by means of one or more CP Tranche Periods is not desirable for any reason. If the Liquidity Provider acquires a Transferred Purchased Interest with respect to the Receivables and related property pursuant to the terms of the Liquidity Provider Agreement, the Liquidity Provider may exercise the right of selection granted to the Company hereby. The Tranche Rate applicable to any such Purchased Interest may shall be selected by the Liquidity Provider and shall be any of the BR Rate, the CD Rate or the Eurodollar Rate, Rate (in each case as determined by the Liquidity Providerdefined herein). In the case of any Tranche Period outstanding upon the occurrence of a Termination Event or on the date of the assignment of the Transferred Interest to the Bank Investors pursuant to Section 9.7Event, such Tranche Period shall end on the date of such occurrence.

Selection of Tranche Periods and Tranche Rates. (a) At all times hereafter, but prior to the occurrence of a Termination Event, the Transferor shall, subject to the Company's approval and the limitations described below, request Tranche Periods and allocate a portion of the Net Investment to each selected Tranche Period, so that the aggregate amounts allocated to outstanding Tranche Periods at all times shall equal the Net Investment. The Transferor shall give the Company irrevocable notice by telephone of the new requested Tranche Period(s) at least three (3) Business Days prior to the expiration of any then existing Tranche Period; provided, -------- however, that the Company may select, in its sole discretion, any such new ------- Tranche Period if (i) the Transferor fails to provide such notice on a timely basis or (ii) the Company determines, in its sole reasonable discretion, that the Tranche Period requested by the Transferor is unavailable or for any reason commercially undesirableimpracticable. The Company confirms that it is its intention to allocate all or substantially all of the Net Investment to one or more CP Tranche Periods; provided that the Company may determine, from time to time, in its sole -------- reasonable discretion, that funding such Net Investment by means of one or more CP Tranche Periods is not desirable impracticable for any reason. If the Liquidity Provider acquires a Transferred Purchased Interest with respect to the Receivables and related property pursuant to the terms of the Liquidity Provider Agreement, the Liquidity Provider may exercise the right of selection granted to the Company hereby. The Tranche Rate applicable to any such Purchased Interest may shall be selected by the Liquidity Provider and shall be any of the BR Rate, the CD Rate or the Eurodollar Rate, Rate (in each case as determined by the Liquidity Providerdefined herein). In the case of any Tranche Period outstanding upon the occurrence of a Termination Event or on the date of the assignment of the Transferred Interest to the Bank Investors pursuant to Section 9.7Event, such Tranche Period shall end on the date of such occurrence.

Selection of Tranche Periods and Tranche Rates. (a) PRIOR TO A TERMINATION EVENT; TRANSFERRED INTEREST HELD ON BEHALF OF THE COMPANY. At all times hereafter, but prior to the occurrence of a Termination EventEvent and with respect to the Transferred Interest held by the Agent on behalf of the Company, the Transferor shallmay, subject to the Company's approval and the limitations described below, request Tranche Periods and allocate a portion of the Net Investment to each selected Tranche Period, so that the aggregate amounts allocated to outstanding Tranche Periods at all times shall equal the Net InvestmentInvestment held on behalf of the Company. The Transferor shall give the Company irrevocable notice by telephone of the new requested Tranche Period(s) at least three (3) Business Days prior to the expiration of any then existing Tranche Period; providedPROVIDED, -------- howeverHOWEVER, that the Company may select, in its sole discretion, any such new ------- Tranche Period if (i) the Transferor fails to provide such notice on a timely basis or (ii) the Company determines, in its sole discretion, that the Tranche Period requested by the Transferor is unavailable or for any reason commercially undesirable. The Company confirms that it is its intention to allocate all or substantially all of the Net Investment held on behalf of it to one or more CP Tranche Periods; provided that the Company may determine, from time to time, in its sole -------- discretion, that funding such Net Investment by means of one or more CP Tranche Periods is not desirable for any reason. If the Liquidity Provider acquires from the Company a Transferred Purchased Interest with respect to the Receivables and related property pursuant to the terms of the Liquidity Provider Agreement, Bank of America, on behalf of the Liquidity Provider may exercise the right of selection granted to the Company hereby. The Tranche Rate applicable to any such Purchased Interest may be the BR Rate, the CD Rate or the Eurodollar Rate, as determined by Bank of America on behalf of the Liquidity Provider. In the case of any Tranche Period outstanding upon the occurrence of a Termination Event or on the date of the assignment of the Transferred Interest to the Bank Investors pursuant to Section 9.7Event, such Tranche Period shall end on the date of such occurrence.

Selection of Tranche Periods and Tranche Rates. (a) At all times hereafter, but prior to the occurrence of a Termination Event, the Transferor Borrower shall, subject to the CompanyLender's approval and the limitations described below, request Tranche Periods and allocate a portion of the Net Investment to each selected Tranche Period, so that the aggregate amounts allocated to outstanding Tranche Periods at all times shall equal the Net Investment. The Transferor Borrower shall give the Company Administrative Agent irrevocable notice by telephone of the new requested Tranche Period(s) at least three (3) two Business Days prior to the expiration of any then existing Tranche Period; provided, -------- however, that the Company Lender may select, in its sole discretion, any such new ------- or other Tranche Period if (i) the Transferor Borrower fails to provide such notice on a timely basis or (ii) the Company Lender determines, in its sole discretion, that the Tranche Period requested by the Transferor Borrower is unavailable or for any reason commercially undesirable. The Company Lender confirms that it is its intention to allocate all or substantially all of the Net Investment to one or more CP Tranche Periods; provided provided, that the Company Lender may determine, from time to time, in its sole -------- discretion, that funding such Net Investment by means of one or more CP Tranche Periods is not desirable for any reason. If the Liquidity Provider acquires a Transferred Interest an interest with respect to the Receivables and related property Accounts pursuant to the terms of the Liquidity Provider Agreement, the Liquidity Provider may exercise the right of selection granted to the Company Lender hereby. The Tranche Rate applicable to any such Purchased Interest interest may be the BR Rate, the CD Rate Rate, or the Eurodollar Rate, as determined by the Liquidity Provider. In the case of any Tranche Period outstanding upon the occurrence of a Termination Event or on the date of the assignment of the Transferred Interest to the Bank Investors pursuant to Section 9.7Event, such Tranche Period shall end on the date of such occurrence.