Common use of Increase in Interest Rate Clause in Contracts

Increase in Interest Rate. In the event that either (i) the Notes Exchange Offer Registration Statement is not filed with the SEC on or prior to the 90th day following the date hereof, (ii) the Notes Exchange Offer is not consummated within 210 days following the date hereof or a Notes Shelf Registration Statement with respect to the Registrable Notes is not declared effective on or prior to the 210th day following the date hereof, or (iii) either (A) the Notes Exchange Offer Registration Statement ceases to be effective at any time prior to the time that the Notes Exchange Offer is consummated or (B) if applicable, the Notes Shelf Registration Statement has been declared effective and such Notes Shelf Registration Statement ceases to be effective at any time prior to the second anniversary of its effective date, the interest rate borne by the Notes shall be increased by one-quarter of one percent per annum following such 90-day period in the case of clause (i) above, following such 210-day period in the case of clause (ii) above, or immediately in the case of clause (iii) above, which rate will be increased by an additional one-quarter of one percent per annum for each 30-day period that any such additional interest continues to accrue in the case of clause (i) above or for each 90-day period that any such additional interest continues to accrue in the case of clauses (ii) and (iii) above; provided that the aggregate increase in such interest rate will in no event exceed one and one-half percent. Upon (w) the filing of the Notes Exchange Offer Registration Statement after the 90-day period described in clause (i) above, (x) consummation of the Notes Exchange Offer or the effectiveness of a Notes Shelf Registration Statement, as the case may be, after the 210-day period described in clause (ii) above, or (y) the effectiveness of the Notes Exchange Offer Registration Statement or the Notes Shelf Registration Statement following an event described in clause (iii) above, the interest rate borne by the Notes from the date of such filing, effectiveness or consummation, as the case may be, will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clauses (i), (ii) or (iii) above occurs, the interest rate will again be increased and thereafter reduced pursuant to the foregoing conditions. If the Company issues a notice that the Notes Shelf Registration Statement is unusable pending the announcement of a material corporate transaction or otherwise pursuant to Section 3(k) hereof, or such a notice is required under applicable securities laws to be issued by the Company, and the aggregate number of days in any consecutive twelve-month period for which all such notices are issued or required to be issued exceeds 30 days in the aggregate, then the interest rate borne by the Notes will be increased by one-quarter of one percent per annum following the date that such Notes Shelf Registration Statement ceases to be usable beyond the 30-day period permitted above, which rate shall be increased by an additional one-quarter of one percent per annum for each 90-day period that such additional interest continues to accrue; provided that the aggregate increase in such annual interest rate may in no event exceed one and one-half percent. Upon the Company declaring that the Notes Shelf Registration Statement is usable after the interest rate has been increased pursuant to the preceding sentence, the interest rate borne by the Notes will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that if after any such reduction in interest rate the Notes Shelf Registration Statement again ceases to be usable beyond the period permitted above, the interest rate will again be increased and thereafter reduced pursuant to the foregoing provisions.

Increase in Interest Rate. In (a) With respect to the event that either Series A Notes, if (i) the Notes an Exchange Offer Registration Statement is not filed with the SEC Commission on or prior to the 90th 75th day following the date hereofIssue Date of the Series A Notes (the “Registration Issue Date”), (ii) the Notes Exchange Offer is not consummated within 210 days following the date hereof or a Notes Shelf Registration Statement with respect to the Registrable Notes is not declared effective on or prior to the 210th 150th day following the date hereofRegistration Issue Date, or (iii) either (A) the Notes Exchange Offer is not consummated on or prior to the 180th day following the Registration Statement Issue Date or (iv) if the law or applicable interpretations of the Commission prohibit a Holder of Series A Notes from participating in the Exchange Offer or if such Holder does not receive a freely tradeable Exchange Note pursuant to the Exchange Offer or if for any reason the Exchange Offer is not consummated within 180 days of the Registration Issue Date and if by 180 days after the Registration Issue Date a registration statement in connection with the Resale Registration is not declared effective or thereafter ceases to be effective at any time prior to the time that the Notes Exchange Offer is consummated or (B) if applicableusable, the Notes Shelf Registration Statement has been declared effective and such Notes Shelf Registration Statement ceases to be effective at any time prior to the second anniversary of its effective date, then the interest rate borne by the Transfer Restricted Notes shall automatically be increased by one-quarter of one percent 50 basis points per annum from and including the 151st day following such 90-the Registration Issue Date in the case of (i) and (ii) above, from and including the 181st day period following the Registration Issue Date in the case of (iii) above or, solely with respect to Series A Notes which could not be exchanged as set forth above and Exchange Notes that are not freely tradeable, from and including the 181st day after the Registration Issue Date or the date the registration statement in connection with the Resale Registration ceases to be effective, as the case may be, in the case of clause (iiv) above. In addition, following such 210-day period in the case of clause (ii) above, or immediately in the case of clause (iii) above, which interest rate will shall automatically be increased by an additional one-quarter of one percent 25 basis points per annum for each 30-day period that any such additional interest continues to accrue in the case of clause (i) above or for each 90-day period that any such additional interest continues to accrue in the case of clauses (ii) and (iii) aboveaccrue; provided that the aggregate additional increase in such interest rate will in no event exceed one and one-half percent. Upon (w) the filing of the Notes Exchange Offer Registration Statement after the 90-day period described in clause (i) above, (x) consummation of the Notes Exchange Offer or the effectiveness of a Notes Shelf Registration Statement, as the case may be, after the 210-day period described in clause (ii) above, or (y) the effectiveness of the Notes Exchange Offer Registration Statement or the Notes Shelf Registration Statement following an event described in clause (iii) above, the interest rate borne by the Notes from the date of such filing, effectiveness or consummation, as the case may be, will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clauses (i), (ii) or (iii) above occurs, the interest rate will again be increased and thereafter reduced pursuant to the foregoing conditions. If the Company issues a notice that the Notes Shelf Registration Statement is unusable pending the announcement of a material corporate transaction or otherwise pursuant to Section 3(k) hereof, or such a notice is required under applicable securities laws to be issued by the Company, and the aggregate number of days in any consecutive twelve-month period for which all such notices are issued or required to be issued exceeds 30 days in the aggregate, then the interest rate borne by the Notes will be increased by one-quarter of one percent 50 basis points per annum following the date that such Notes Shelf Registration Statement ceases to be usable beyond the 30-day period permitted above, which rate shall be increased by an additional one-quarter of one percent per annum for each 90-day period that such additional interest continues to accrue; provided that the aggregate increase in such annual interest rate may in no event exceed one and one-half percent. Upon the Company declaring that the Notes Shelf Registration Statement is usable after the interest rate has been increased pursuant to the preceding sentence, the interest rate borne by the Notes will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that if after any such reduction in interest rate the Notes Shelf Registration Statement again ceases to be usable beyond the period permitted above, the interest rate will again be increased and thereafter reduced pursuant to the foregoing provisionsannum.

Increase in Interest Rate. In the event that either (i) the Notes Exchange Offer Registration Statement is not filed with the SEC on or prior to the 90th 135th calendar day following the date hereof, (ii) the Notes Exchange Offer Registration Statement is not declared effective on or prior to the 180th calendar day following the date hereof, (iii) the Exchange Offer is not consummated within 210 days on or prior to the 45th calendar day following the effective date hereof of the Exchange Offer Registration Statement, or (iv) if required, a Notes Shelf Registration Statement with respect to the Registrable Notes is not declared effective on or prior to the 210th calendar day following the date hereof, or (iii) either (A) the Notes Exchange Offer Registration Statement ceases to be effective at any time prior to the time that the Notes Exchange Offer is consummated or (B) if applicable, the Notes Shelf Registration Statement has been declared effective and such Notes Shelf Registration Statement ceases to be effective at any time prior to the second anniversary of its effective date, the per annum interest rate borne by the Registrable Notes shall be increased by one-quarter of one percent (0.25%) per annum following such 90135-day period in the case of clause (i) above, following such 210180-day period in the case of clause (ii) above, or immediately following such 45-day period in the case of clause (iii) above, or following such 210-day period in the case of (iv) above, which rate will be increased by an additional one-quarter of one percent (0.25%) per annum for each 30-day period that any such additional interest continues to accrue in the case of clause (i) above or for each 90-day period that any such additional interest continues to accrue in the case of clauses (ii) and (iii) aboveaccrue; provided that the aggregate increase in such annual interest rate will may in no event exceed one and one-half percentof one percent (0.50%) per annum. Upon (w) the filing of the Notes Exchange Offer Registration Statement after the 90135-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 180-day period described in clause (ii) above, (y) the consummation of the Notes Exchange Offer after the 45-day period described in clause (iii) above, or (z) the effectiveness of a Notes Shelf Registration Statement, as the case may be, after the 210-day period described in clause (ii) above, or (y) the effectiveness of the Notes Exchange Offer Registration Statement or the Notes Shelf Registration Statement following an event described in clause (iiiiv) above, the interest rate borne by the Notes from the date of such filing, effectiveness or consummation, as the case may be, will shall be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clauses clause (i), (ii), (iii) or (iv) above occurs, the interest rate shall again be increased pursuant to the foregoing provisions. No increase in the rate under (i), (ii) or (iii) above occurs, the interest rate will again shall be increased and thereafter reduced pursuant to the foregoing conditions. If the Company issues payable for any period during which a notice that the Notes Shelf Registration Statement is unusable pending the announcement of a material corporate transaction or otherwise pursuant to Section 3(k) hereof, or such a notice is required under applicable securities laws to be issued by the Company, and the aggregate number of days in any consecutive twelve-month period for which all such notices are issued or required to be issued exceeds 30 days in the aggregate, then the interest rate borne by the Notes will be increased by one-quarter of one percent per annum following the date that such Notes Shelf Registration Statement ceases to be usable beyond the 30-day period permitted above, which rate shall be increased by an additional one-quarter of one percent per annum for each 90-day period that such additional interest continues to accrue; provided that the aggregate increase in such annual interest rate may in no event exceed one and one-half percent. Upon the Company declaring that the Notes Shelf Registration Statement is usable after the interest rate has been increased pursuant to the preceding sentence, the interest rate borne by the Notes will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that if after any such reduction in interest rate the Notes Shelf Registration Statement again ceases to be usable beyond the period permitted above, the interest rate will again be increased and thereafter reduced pursuant to the foregoing provisionseffective.

Increase in Interest Rate. In the event that either (i) the Notes Exchange Offer Registration Statement is not filed with the SEC on or prior to the 90th day following the date hereof, (ii) the Notes Exchange Offer is not consummated within 210 days following the date hereof or a Notes Shelf Registration Statement with respect to the Registrable Notes is not declared effective on or prior to the 210th day following the date hereof, or (iii) either (A) the Notes Exchange Offer Registration Statement ceases to be effective at any time prior to the time that the Notes Exchange Offer is consummated or (B) if applicable, the Notes Shelf Registration Statement has been declared effective and such Notes Shelf Registration Statement ceases to be effective at any time prior to the second anniversary of its effective date, the interest rate borne by the Notes shall be increased by one-quarter of one percent per annum following such 90-day period in the case of clause (i) above, following such 210-day period in the case of clause (ii) above, or immediately in the case of clause (iii) above, which rate will be increased by an additional one-quarter of one percent per annum for each 30-day period that any such additional interest continues to accrue in the case of clause (i) above or for each 90-day period that any such additional interest continues to accrue in the case of clauses (ii) and (iii) above; provided that the aggregate increase in such interest rate will in no event exceed one and one-half percent. Upon (w) the filing of the Notes Exchange Offer Registration Statement after the 90-day period described in clause (i) above, (x) consummation of the Notes Exchange Offer or the effectiveness of a Notes Shelf Registration Statement, as the case may be, after the 210-day period described in clause (ii) above, or (y) the effectiveness of the Notes Exchange Offer Registration Statement or the Notes Shelf Registration Statement following an event described in clause (iii) above, the interest rate borne by the Notes from the date of such filing, effectiveness or consummation, as the case may be, will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clauses (i), (ii) or (iii) above occurs, the interest rate will again be increased and thereafter reduced pursuant to the foregoing conditions. If the Company issues a notice that the Notes Shelf Registration Statement is unusable pending the announcement of a material corporate transaction or otherwise pursuant to Section 3(k) hereof, or such a notice is required under applicable securities laws to be issued by the Company, and the aggregate number of days in any consecutive twelve-month period for which all such notices are issued or required to be issued exceeds 30 days in the aggregate, then the interest rate borne by the Notes will be increased by one-quarter of one percent per annum following the date that such Notes Shelf Registration Statement ceases to be usable beyond the 30-day period permitted above, which rate shall be increased by an additional one-quarter of one percent per annum for each 90-day period that such additional interest continues to accrue; provided that the aggregate increase in such annual interest rate may in no event exceed one and one-half percent. Upon the Company declaring that the Notes Shelf Registration Statement is usable after the interest rate has been increased pursuant to the preceding sentence, the interest rate borne by the Notes will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that if after any such reduction in interest rate the Notes Shelf Registration Statement again ceases to be usable beyond the period permitted above, the interest rate will again be increased and thereafter reduced pursuant to the foregoing provisions.event

Increase in Interest Rate. In the event that either (i) the Notes Exchange ------------------------- Offer Registration Statement is not filed with the SEC on or prior to the 90th 65th calendar day following after the date hereofIssue Date, (ii) the Notes Exchange Offer Registration Statement is not declared effective on or prior to the 135th calendar day after the Issue Date, (iii) the Exchange Offer is not consummated within 210 days following on or prior to the date hereof or 160th calendar day after the Issue Date or, as the case may be, a Notes Shelf Registration Statement with respect to the Registrable Notes is not declared effective on or prior to the 210th 160th day following after the date hereof, Issue Date or (iii) either (Aiv) the Notes Exchange Offer Registration Statement or the Shelf Registration Statement is declared effective but thereafter ceases to be effective at any time prior or usable within the applicable period as provided in this Agreement (each such event referred to the time that the Notes Exchange Offer is consummated or in clauses (Bi) if applicablethrough (iv) above, a "Registration Default"), the Notes Shelf Registration Statement has been declared effective and such Notes Shelf Registration Statement ceases to be effective at any time prior to the second anniversary of its effective date, the interest rate borne by the Notes Company shall be increased by required to pay additional interest in cash on each Interest Payment Date (as defined in the Indenture) in an amount equal to one-quarter of one percent (0.25%) per annum following such of the principal amount of the Notes, with respect to the first 90-day period in the case of clause (i) above, following such 210-day period in the case Registration Default. The amount of clause (ii) above, or immediately in the case of clause (iii) above, which rate such additional interest will be increased increase by an additional one-quarter of one percent (0.25%) per annum for each 30-day period that any such additional interest continues to accrue in the case of clause (i) above or for each subsequent 90-day period that any until such additional interest continues Registration Default has been cured, up to accrue in the case a maximum of clauses one percent (ii1%) and (iii) above; provided that the aggregate increase in such interest rate will in no event exceed one and one-half percentper annum. Upon (w) the filing of the Notes Exchange Offer Registration Statement after the 9065-day period described in clause (i) above, (x) consummation of the Notes Exchange Offer or the effectiveness of a Notes Shelf the Exchange Offer Registration Statement, as the case may be, Statement after the 210135-day period described in clause (ii) above, or (y) the consummation of the Exchange Offer or the effectiveness of the Notes Exchange Offer Registration Statement or the Notes a Shelf Registration Statement following an event after the 160-day period, as the case may be, described in clause (iii) above, or (z) the cure of any Registration Default described in clause (iv) above, such additional interest rate borne by shall cease to accrue on the Notes from the date of such filing, effectiveness effectiveness, consummation or consummationcure, as the case may be, will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clauses (i), (ii) or (iii) above occurs, the interest rate will again be increased and thereafter reduced pursuant to the foregoing conditions. If the Company issues a notice that the Notes Shelf Registration Statement is unusable pending the announcement of a material corporate transaction or otherwise pursuant to Section 3(k) hereof, or such a notice is required under applicable securities laws to be issued by the Company, and the aggregate number of days in any consecutive twelve-month period for which all such notices are issued or required to be issued exceeds 30 days in the aggregate, then the interest rate borne by the Notes will be increased by one-quarter of one percent per annum following the date that such Notes Shelf Registration Statement ceases to be usable beyond the 30-day period permitted above, which rate shall be increased by an additional one-quarter of one percent per annum for each 90-day period that such additional interest continues to accrue; provided that the aggregate increase in such annual interest rate may in no event exceed one and one-half percent. Upon the Company declaring that the Notes Shelf Registration Statement is usable after the interest rate has been increased pursuant to the preceding sentence, the interest rate borne by the Notes will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that if if, after -------- ------- any such reduction in additional interest rate the Notes Shelf Registration Statement again ceases to be usable beyond the period permitted aboveaccrue, the a different event specified in clause (i), (ii), (iii) or (iv) above occurs, such additional interest rate will shall begin to accrue again be increased and thereafter reduced pursuant to the foregoing provisions.