LENDER FOR THE PERFORMANCE
OF SUCH SERVICES IN CONNECTION WITH SIMILAR LETTERS OF CREDIT, OR AS MAY BE
OTHERWISE AGREED TO BY THE ISSUING LENDER, BUT WITHOUT DUPLICATION OF AMOUNTS
PAYABLE UNDER SECTION 2.9(D); AND
(F)
TO THE ADMINISTRATIVE AGENT, FOR ITS OWN
ACCOUNT, THE ANNUAL ADMINISTRATIVE FEE DESCRIBED IN THE FEE LETTER, ON THE
TERMS, IN THE AMOUNT AND AT THE TIMES SET FORTH THEREIN.
2.10
INTEREST PERIODS.
CONCURRENTLY WITH THE GIVING
OF A NOTICE OF BORROWING OR NOTICE OF CONVERSION/CONTINUATION IN RESPECT OF ANY
BORROWING (WHETHER IN RESPECT OF TERM LOANS OR REVOLVING LOANS) COMPRISED OF
BASE RATE LOANS TO BE CONVERTED INTO, OR LIBOR LOANS TO BE CONTINUED AS, LIBOR
LOANS, THE APPLICABLE BORROWER SHALL HAVE THE RIGHT TO ELECT, PURSUANT TO SUCH
NOTICE, THE INTEREST PERIOD (EACH, AN "INTEREST PERIOD") TO BE APPLICABLE TO
SUCH LIBOR LOANS, WHICH INTEREST PERIOD SHALL, AT THE OPTION OF SUCH BORROWER,
BE A ONE, TWO, THREE, SIX OR (IF ACCEPTABLE TO ALL THE APPLICABLE LENDERS) NINE
OR TWELVE-MONTH PERIOD; PROVIDED, HOWEVER, THAT:
(I)
ALL LIBOR LOANS COMPRISING A SINGLE
BORROWING SHALL AT ALL TIMES HAVE THE SAME INTEREST PERIOD;
(II)
THE INITIAL INTEREST PERIOD FOR ANY LIBOR
LOAN SHALL COMMENCE ON THE DATE OF THE BORROWING OF SUCH LIBOR LOAN (INCLUDING
THE DATE OF ANY CONTINUATION OF, OR CONVERSION INTO, SUCH LIBOR LOAN), AND EACH
SUCCESSIVE INTEREST PERIOD APPLICABLE TO SUCH LIBOR LOAN SHALL COMMENCE ON THE
DAY ON WHICH THE NEXT PRECEDING INTEREST PERIOD APPLICABLE THERETO EXPIRES;
(III)
LIBOR LOANS MAY NOT BE OUTSTANDING UNDER
MORE THAN EIGHT (8) SEPARATE INTEREST PERIODS AT ANY ONE TIME (FOR WHICH PURPOSE
INTEREST PERIODS SHALL BE DEEMED TO BE SEPARATE EVEN IF THEY ARE COTERMINOUS);
(IV)
IF ANY INTEREST PERIOD OTHERWISE WOULD EXPIRE
ON A DAY THAT IS NOT A BUSINESS DAY, SUCH INTEREST PERIOD SHALL EXPIRE ON THE
NEXT SUCCEEDING BUSINESS DAY UNLESS SUCH NEXT SUCCEEDING BUSINESS DAY FALLS IN
ANOTHER CALENDAR MONTH, IN WHICH CASE SUCH INTEREST PERIOD SHALL EXPIRE ON THE
NEXT PRECEDING BUSINESS DAY;
(V)
NO INTEREST PERIOD MAY BE SELECTED WITH
RESPECT TO TERM LOANS OF ANY PARTICULAR CLASS THAT WOULD END AFTER A SCHEDULED
DATE FOR REPAYMENT OF PRINCIPAL OF SUCH TERM LOANS OCCURRING ON OR AFTER THE
FIRST DAY OF SUCH INTEREST PERIOD UNLESS, IMMEDIATELY AFTER GIVING EFFECT TO
SUCH SELECTION, THE AGGREGATE PRINCIPAL AMOUNT OF SUCH TERM LOANS THAT ARE BASE
RATE LOANS OR THAT HAVE INTEREST PERIODS EXPIRING ON OR BEFORE SUCH PRINCIPAL
REPAYMENT DATE EQUALS OR EXCEEDS THE PRINCIPAL AMOUNT REQUIRED TO BE PAID ON
SUCH PRINCIPAL REPAYMENT DATE;
48
(VI)
THE APPLICABLE BORROWER MAY NOT SELECT ANY
INTEREST PERIOD THAT EXPIRES (X) AFTER THE TRANCHE A TERM LOAN MATURITY DATE,
WITH RESPECT TO TRANCHE A TERM LOANS THAT ARE TO BE MAINTAINED AS LIBOR LOANS,
(Y) AFTER THE APPLICABLE INCREMENTAL TERM LOAN MATURITY DATE FOR ANY SERIES OF
INCREMENTAL TERM LOANS, WITH RESPECT TO INCREMENTAL TERM LOANS OF SUCH SERIES
THAT ARE TO BE MAINTAINED AS LIBOR LOANS, OR (Z)