EXPIRE
ON THE NEXT SUCCEEDING BUSINESS DAY, PROVIDED THAT IF ANY INTEREST PERIOD WOULD
OTHERWISE EXPIRE ON A DAY WHICH IS NOT A BUSINESS DAY BUT IS A DAY OF THE MONTH
AFTER WHICH NO FURTHER BUSINESS DAY OCCURS IN SUCH MONTH, SUCH INTEREST PERIOD
SHALL EXPIRE ON THE NEXT PRECEDING BUSINESS DAY;
9
(IV)
NO INTEREST PERIOD WITH RESPECT TO A BORROWING
OF LOANS SHALL EXTEND BEYOND THE RESPECTIVE MATURITY DATE THEREFOR;
(V)
NO INTEREST PERIOD WITH RESPECT TO ANY TERM
LOANS MAY BE ELECTED THAT WOULD EXTEND BEYOND ANY DATE UPON WHICH A SCHEDULED
REPAYMENT IS REQUIRED TO BE MADE IN RESPECT OF SUCH TERM LOANS IF, AFTER GIVING
EFFECT TO THE SELECTION OF SUCH INTEREST PERIOD, THE AGGREGATE PRINCIPAL AMOUNT
OF TERM LOANS MAINTAINED AS EURODOLLAR LOANS WITH INTEREST PERIODS ENDING AFTER
SUCH DATE WOULD EXCEED THE AGGREGATE PRINCIPAL AMOUNT OF TERM LOANS PERMITTED TO
BE OUTSTANDING AFTER SUCH SCHEDULED REPAYMENT; AND
(VI)
NO INTEREST PERIOD MAY BE ELECTED AT ANY TIME
WHEN A DEFAULT UNDER SECTION 9.01 OR 9.05 OR AN EVENT OF DEFAULT IS THEN IN
EXISTENCE IF THE ADMINISTRATIVE AGENT OR THE REQUIRED LENDERS SHALL HAVE
DETERMINED IN ITS OR THEIR SOLE DISCRETION NOT TO PERMIT SUCH ELECTION.
(B)
IF UPON THE EXPIRATION OF ANY INTEREST
PERIOD, THE BORROWER HAS FAILED TO (OR MAY NOT) ELECT A NEW INTEREST PERIOD TO
BE APPLICABLE TO THE RESPECTIVE BORROWING OF EURODOLLAR LOANS AS PROVIDED ABOVE,
THE BORROWER SHALL BE DEEMED TO HAVE ELECTED TO CONVERT SUCH BORROWING INTO A
BORROWING OF BASE RATE LOANS EFFECTIVE AS OF SUCH EXPIRATION.
1.10
INCREASED COSTS, ILLEGALITY, ETC.
(A)
IN THE EVENT THAT (X) IN THE CASE
OF CLAUSE (I) BELOW, THE ADMINISTRATIVE AGENT OR (Y) IN THE CASE OF CLAUSES
(II) AND (III) BELOW, ANY LENDER SHALL HAVE DETERMINED (WHICH DETERMINATION
SHALL, ABSENT MANIFEST ERROR, BE FINAL AND CONCLUSIVE AND BINDING UPON ALL
PARTIES HERETO):
(I)
ON ANY DATE FOR DETERMINING THE
EURODOLLAR RATE FOR ANY INTEREST PERIOD THAT, BY REASON OF ANY CHANGES ARISING
AFTER THE DETERMINATION DATE AFFECTING THE INTERBANK EURODOLLAR MARKET, ADEQUATE
AND FAIR MEANS DO NOT EXIST FOR ASCERTAINING THE APPLICABLE INTEREST RATE ON THE
BASIS PROVIDED FOR IN THE DEFINITION OF EURODOLLAR RATE OR THE MAKING OR
CONTINUANCE OF ANY EURODOLLAR LOAN HAS BECOME IMPRACTICABLE AS A RESULT OF A
CONTINGENCY OCCURRING AFTER THE DETERMINATION DATE WHICH MATERIALLY AND
ADVERSELY AFFECTS THE INTERBANK EURODOLLAR MARKET;
(II)
AT ANY TIME, THAT SUCH LENDER SHALL INCUR
INCREASED COSTS OR REDUCTIONS IN THE AMOUNTS RECEIVED OR RECEIVABLE HEREUNDER
WITH RESPECT TO ANY EURODOLLAR LOANS (OTHER THAN TAXES ADDRESSED IN SECTION 4.04
AND ANY INCREASED COST OR REDUCTION IN THE AMOUNT RECEIVED OR RECEIVABLE
RESULTING FROM THE IMPOSITION OF OR A CHANGE IN THE RATE OF TAXES ON THE NET
INCOME OR NET PROFITS OF SUCH LENDER IMPOSED BY THE JURISDICTION IN WHICH ITS
PRINCIPAL OFFICE OR APPLICABLE LENDING OFFICE IS LOCATED) BECAUSE OF (X) ANY
CHANGE SINCE THE DETERMINATION DATE IN ANY APPLICABLE LAW, GOVERNMENTAL RULE,