Common use of Base Rate Substituted for Adjusted LIBO Rate Clause in Contracts

Base Rate Substituted for Adjusted LIBO Rate. If (i) the obligation of the Lessor to make an Advance of any Facility Cost, or to continue to accrue Basic Rent, based on the Adjusted LIBO Rate has been suspended pursuant to Section 27(b) or (ii) the Lessor has demanded compensation under Section 27(c), and the Lessee shall, by at least 5 Business Days' prior notice to the Lessor, have elected that the provisions of this Section 27(d) shall apply to the Lessor, then, unless and until the Lessor notifies the Lessee that the circumstances giving rise to such suspension or demand for compensation no longer apply, after the Basic Rent made or maintained based upon the Adjusted LIBO Rate has been repaid, all Advances of any Facility Cost, or accrual of Basic Rent, that would otherwise be made or maintained by the Lessor based upon the Adjusted LIBO Rate shall be made or, from the beginning of the next Rental Period be maintained instead based upon the Base Rate, plus the Applicable Margin.

Appears in 1 contract

Sources: Lease Agreement (Krispy Kreme Doughnuts Inc)

Base Rate Substituted for Adjusted LIBO Rate. If (i) the obligation of the Lessor to make an Advance of any Facility CostCost having Interim Rent or Basic Rent, or to continue to accrue Interim Rent or Basic Rent, Rent based on the Adjusted LIBO Rate has been suspended pursuant to Section 27(b) or (ii) the Lessor has demanded compensation under Section 27(c), and the Lessee shall, by at least 5 Business Days' prior notice to the Lessor, have elected that the provisions of this Section 27(d27(f) shall apply to the Lessor, then, unless and until the Lessor notifies the Lessee that the circumstances giving rise to such suspension or demand for compensation no longer apply, after the Interim Rent or Basic Rent made or maintained based upon the Adjusted LIBO Rate has been repaid, all Advances of any Facility Cost, or accrual of Interim Rent or Basic Rent, that would otherwise be made or maintained by the Lessor based upon the Adjusted LIBO Rate shall be made or, from the beginning of the next Interim Rental Period or Rental Period be maintained instead based upon the Base Rate, plus the Applicable Margin.

Appears in 1 contract

Sources: Master Lease Agreement (American Freightways Corp)

Base Rate Substituted for Adjusted LIBO Rate. If (i) the obligation of the Lessor to make an Advance determine Interim Rent or Basic Rent or maintain or fund any of the Equipment Cost for any Facility Cost, or to continue to accrue Basic Rent, Equipment based on the Adjusted LIBO Rate has been suspended pursuant to Section 27(b) or (ii) the Lessor has demanded compensation under Section 27(c), and the Lessee shall, by at least 5 Business Days' prior notice to the Lessor, have elected that the provisions of this Section 27(d27(f) shall apply to the Lessor, then, unless and until the Lessor notifies the Lessee that the circumstances giving rise to such suspension or demand for compensation no longer apply, after the Interim Rent or Basic Rent made or maintained based upon the Adjusted LIBO Rate has been repaid, all Advances fundings of any Facility Equipment Cost, or accrual of Interim Rent or Basic Rent, that would otherwise be made or maintained by the Lessor based upon the Adjusted LIBO Rate shall be made or, from the beginning of the next Interim Rental Period or Rental Period be maintained instead based upon the Base Rate, plus the Applicable Margin.

Appears in 1 contract

Sources: Master Lease Agreement (Coca Cola Bottling Co Consolidated /De/)