Common use of Settlements Payments and Information Clause in Contracts

Settlements Payments and Information. (a) Advances and Payments; Interest and Fee Payments. (i) The amount outstanding pursuant to Advances may fluctuate from day to day through Agent's disbursement of funds to, and receipt of funds from, Borrower. In order to minimize the frequency of transfers of funds between Agent and each Lender notwithstanding terms to the contrary set forth in Section 12.4, Advances and repayments may be settled according to the procedures described in Sections 12.5(a)(ii) and 12.5(a)(iii) of this Agreement. Payments of principal, interest and fees in respect of the Loans will be settled, in accordance with each Lender's Pro Rata Share on the first Business Day after such payments are received. Notwithstanding these procedures, each Lender's obligation to fund its Pro Rata Share of any advances made by Agent to Borrowers will commence on the date such advances are made by Agent. Such payments will be made by such Lender without set-off, counterclaim or reduction of any kind. (ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a "SETTLEMENT DATE"), Agent will advise each Lender by 1 p.m. (Eastern Time) by telephone, telex, or telecopy of the amount of each such Lender's Pro Rata Share of the outstanding Advances. In the event payments are necessary to adjust the amount of such Lender's share of the Advances to such Lender's Pro Rata Share of the Advances, the party from which such payment is due will pay the other, in same day funds, by wire transfer to the other's account not later than 3:00 p.m. (Eastern Time) on the Business Day following the Settlement Date. (iii) On the first Business Day of each month ("INTEREST SETTLEMENT DATE"), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers for the proceeding month in respect of the Advances. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on Schedule 2 of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein) not later than 3 p.m. (Eastern Time) on the next Business Day following the Interest Settlement Date such Lender's share of such interest and fees.

Settlements Payments and Information. (aA) Revolving Advances and Payments; Interest and Fee Payments.. --------------------------------------------- (i1) The amount outstanding pursuant to Advances Revolving Loan may fluctuate from day to day through Agent's disbursement of funds to, and receipt of funds from, Borrower. In order to minimize the frequency of transfers of funds between Agent and each Lender notwithstanding terms to the contrary set forth in Section 12.42 and subsection 9.5, --------- -------------- Revolving Advances and repayments may be settled according to the procedures described in Sections 12.5(a)(iisubsection 9.6(A)(2) and 12.5(a)(iii9.6(A)(3) of this Agreement. Payments of principal, interest and fees in respect of the Loans will be settled, in accordance with each Lender's Pro Rata Share on the first Business Day after such payments are received. ---------------------------------- Notwithstanding these procedures, each Lender's obligation to fund its Pro Rata Share of any advances made by Agent to Borrowers Borrower will commence on the date such advances are made by Agent. Such payments will be made by such Lender without set-off, counterclaim or reduction of any kind. (ii2) Once each week, or more frequently (including daily), if Agent so elects (each such day being a "SETTLEMENT DATESettlement Date"), Agent will advise each Lender by 1 p.m. (Eastern Time) Central time by telephone, telex, or telecopy of the amount of each such Lender's Pro Rata Share of the outstanding AdvancesRevolving Loan. In the event payments are necessary to adjust the amount of such Lender's share of the Advances Revolving Loan to such Lender's Pro Rata Share of the AdvancesRevolving Loan, the party from which such payment is due will pay the other, in same day funds, by wire transfer to the other's account not later than 3:00 p.m. (Eastern Time) Central time on the Business Day following the Settlement Date. (iii3) On the first Business Day of each month ("INTEREST SETTLEMENT DATEInterest Settlement Date"), Agent will advise each Lender by telephone telephone, telefax or facsimile telecopy of the amount of interest and fees charged to and collected from Borrowers Borrower for the proceeding month in respect of the Advancesmonth. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on Schedule 2 the signature page of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained hereinherein or in the applicable Lender Addition Agreement) not later than 3 p.m. (Eastern Time) Central time on the next Business Day following the Interest Settlement Date such Lender's share of such interest and fees.

Settlements Payments and Information. (a) Advances and Advances; Payments; Interest and Fee Payments. (i) The amount of outstanding Loans pursuant to Advances may fluctuate from day to day through Agent's ’s disbursement of funds to, and receipt of funds from, Borrower. In order to minimize the frequency of transfers of funds between Agent and each Lender Revolving Lender, notwithstanding terms to the contrary set forth in Section 12.411.4, Advances and repayments thereof may be settled according to the procedures described in Sections 12.5(a)(ii11.5(a)(ii) and 12.5(a)(iii) of this Agreement11.5(a)(iii). Payments of principal, interest and fees in respect of principal on the Loans Term Loan will be settled, in accordance with each Lender's ’s Pro Rata Share Share, on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender's ’s obligation to fund its Pro Rata Share of any advances Advances made by Agent to Borrowers Borrower will commence on the date such advances Advances are made by Agent. Such Nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or Event of Default exists. All such payments will be made by such Lender without set-off, counterclaim or reduction deduction of any kind. (ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a "SETTLEMENT DATE"“Settlement Date”), Agent will advise each Revolving Lender by 1 1:00 p.m. (Eastern TimeNew York City time) on a Business Day by telephone, telex, telex or telecopy of the amount of each such Revolving Lender's ’s Pro Rata Share of the outstanding Advances. In the event payments are necessary to adjust the amount of such Revolving Lender's ’s share of the Advances to such Lender's ’s Pro Rata Share of the Advances, the party from which such payment is due will pay the otherother party, in same day funds, by wire transfer to the other's ’s account not later than 3:00 2:00 p.m. (Eastern TimeNew York City time) on the Business Day following the Settlement Date. (iii) On the first Business Day of each month ("INTEREST SETTLEMENT DATE"), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers for the proceeding month in respect of the Advances. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on Schedule 2 of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein) not later than 3 p.m. (Eastern Time) on the next Business Day following the Interest Settlement Date such Lender's share of such interest and fees.

Settlements Payments and Information. (aA) Revolving Loan Advances and Payments; Interest and Fee Payments.Payments ------------------------------------------------------- (i1) The amount outstanding pursuant to Advances Revolving Loan balance may fluctuate from day to day through Agent's disbursement of funds to, and receipt of funds from, Borrower. In order to minimize the frequency of transfers of funds between Agent and each Lender notwithstanding terms to the contrary set forth in Section 12.42 and subsection 9.5, Advances Revolving Loan advances and repayments payments may be settled according to the procedures described in Sections 12.5(a)(iisubsection 9.6(A)(2) and 12.5(a)(iii9.6(A)(3) of this Agreement. Payments of principal, interest and fees in respect of the Loans will be settled, in accordance with each Lender's Pro Rata Share on the first Business Day after such payments are received. Notwithstanding Notwith-standing these procedures, each Lender's obligation to fund its Pro Rata Share portion of any advances made by Agent to Borrowers Borrower will commence on the date such advances are made by Agent. Such payments will be made by such Lender without set-off, counterclaim or reduction of any kind. (ii2) Once each week, or more frequently (including daily), if Agent so elects (each such day being a "SETTLEMENT DATESettlement Date"), Agent will advise each Lender by 1 p.m. (Eastern Time) Central time by telephone, telex, or telecopy of the amount of each such Lender's Pro Rata Share of the outstanding AdvancesRevolving Loan balance. In the event that payments are necessary to adjust the amount of such Lender's share of the Advances Revolving Loan balance to such Lender's Pro Rata Share of the AdvancesRevolving Loan, the party from which such payment is due will pay the other, in same day funds, by wire transfer to the other's account not later than 3:00 p.m. (Eastern Time) Central time on the Business Day following the Settlement Date. (iii3) On the first Business Day of each month ("INTEREST SETTLEMENT DATEInterest Settlement Date"), Agent will advise each Lender by telephone telephone, telefax or facsimile telecopy of the amount of interest and fees charged to and collected from Borrowers Borrower for the proceeding month in respect of the Advancesmonth. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on Schedule 2 the signature page of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained hereinherein or in the applicable Lender Addition Agreement) not later than 3 p.m. (Eastern Time) Central time on the next Business Day following the Interest Settlement Date such Lender's share of such interest and fees.

Settlements Payments and Information. (aA) Revolving Advances and Payments; Interest and Fee Payments.. --------------------------------------------- (i1) Payments of principal in respect of the Term Loans will be settled on the Business Day received in accordance with the provisions of Section 2. The amount outstanding pursuant to Advances Revolving Loan may fluctuate from day to day through Agent's and --------- Funding Agent's disbursement of funds to, and receipt of funds from, BorrowerBorrowers. In order to minimize the frequency of transfers of funds between or among Agent, Funding Agent and each Lender Lender, notwithstanding terms to the contrary set forth in Section 12.42 and subsection 9.7, Revolving Advances and repayments (except as --------- -------------- set forth in subsection 2.1(F)) may be settled according to the procedures ----------------- described in Sections 12.5(a)(ii) and 12.5(a)(iii) of this Agreement. Payments of principal, interest and fees in respect of the Loans will be settled, in accordance with each Lender's Pro Rata Share on the first Business Day after such payments are receivedsubsection 9.8. Notwithstanding these procedures, each -------------- Lender's obligation to fund its Pro Rata Share of any advances Advances made by Agent or Funding Agent to Borrowers any Borrower will commence on the date such advances Advances are made by Agent or Funding Agent, as the case may be. Such payments will be made by such Lender without set-off, counterclaim or reduction of any kind. (ii2) Once each week, week for the Revolving Loan or more frequently (including daily), if Agent so elects (each such day being a "SETTLEMENT DATESettlement Date"), --------------- Agent will advise each Lender by 1 1:00 p.m. (Eastern Time) Chicago time by telephone, telex, or telecopy of the amount of each such Lender's Pro Rata Share of the outstanding AdvancesRevolving Loan. Such advice will specify the aggregate amount of Revolving Advances made by each of Agent and Funding Agent since the immediately preceding Settlement Date and shall further specify the aggregate amount of Revolving Advances made in each Available Currency since the immediately preceding Settlement Date. In the event payments are necessary to adjust the amount of such Lender's share of the Advances Revolving Loan to such Lender's Pro Rata Share of the AdvancesRevolving Loan, the party following settlement procedures shall apply: (i) each Lender shall pay to Funding Agent an amount equal to the difference, if a positive number, between (i) such Lender's Pro Rata Share of all Revolving Advances made by Funding Agent on behalf of Agent and Lenders since the immediately preceding Settlement Date , and (ii) such Lender's Pro Rata Share of all principal payments, if any, in respect of the Revolving Loan for which good funds have been received by Funding Agent since the immediately preceding Settlement Date, which amount shall be paid by each Lender to Funding Agent in the applicable Available Currencies in which such Revolving Advances were so made by Funding Agent; or (ii) Funding Agent shall pay to each Lender an amount equal to the difference, if a positive number, between (i) such Lender's Pro Rata Share of all principal payments in respect of the Revolving Loan for which good funds have been received by Funding Agent or Collateral Agent since the immediately preceding Settlement Date, and (ii) such Lender's Pro Rata Share of all Revolving Advances made by Funding Agent on behalf of Agent and Lenders since the immediately preceding Settlement Date, which amount shall be paid by Funding Agent to each such Lender in the applicable Available Currencies in which such principal payments were so received by Funding Agent or Collateral Agent; (i) each Lender shall pay to Agent an amount equal to the difference, if a positive number, between (i) such Lender's Pro Rata Share of all Revolving Advances and payments under Lender Letters of Credit made by Agent since the immediately preceding Settlement Date, and (ii) such Lender's Pro Rata Share of all principal payments in respect of the Revolving Loan for which good funds have been received by Agent since the immediately preceding Settlement Date, which amount shall be paid by each Lender to Agent in the applicable Available Currencies in which such Advances or payments were so made by Agent; or (ii) Agent shall pay to each Lender an amount equal to the difference, if a positive number, between (i) such Lender's Pro Rata Share of all principal payments in respect of the Revolving Loan for which good funds have been received by Agent since the immediately preceding Settlement Date, and (ii) such Lender's Pro Rata Share of all Revolving Advances and payments under Lender Letters of Credit made by Agent since the immediately preceding Settlement Date, which amount shall be paid by Agent to each such Lender in the applicable Available Currencies in which such principal payments were so received by Agent. The part(ies) from which any such payment is payments are due will pay the otherother part(ies), in same day funds, by wire transfer to the other's account not later than (x) 3:00 p.m. (Eastern Time) Chicago time on the Business Day following the Settlement Date, in the case of payments between Agent and any Lender, and (y) 3:00 p.m. London time on the Business Day following the Settlement Date, in the case of payments between Funding Agent and any Lender. (iii3) On the first Business Day of each month ("INTEREST SETTLEMENT DATEInterest Settlement ------------------- Date"), Agent will advise each Lender by telephone telephone, telefax or facsimile telecopy of the ---- amount of interest and fees charged to and collected from Borrowers for the proceeding month in respect of the Advancespreceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on Schedule 2 the signature page of this Agreement as amended by such Lender from time to time after the date hereof pursuant to or in the notice provisions contained hereinapplicable Assignment and Assumption Agreement) not later than 3 3:00 p.m. (Eastern Time) Chicago time on the next Business Day following the Interest Settlement Date such Lender's share of such interest and such Lender's Pro Rata Share of such fees, which amounts shall be paid to each such Lender in the Available Currencies in which such interest and fees were charged to or collected from Borrowers by Agent.