Common use of Selection of CP Tranche Periods and Interest Periods Clause in Contracts

Selection of CP Tranche Periods and Interest Periods. (a) Except upon the occurrence and during the continuance of an Event of Default or when Gotham is a Pool Funded Conduit, the Borrower (or the Servicer, on the Borrower’s behalf) in its Borrowing Request may request CP Tranche Periods from time to time to apply to Gotham’s CP Rate Loans; provided, however, that (i) at any time while Gotham has CP Rate Loans outstanding, at least one CP Tranche Period of Gotham shall mature on each Settlement Date and (ii) no CP Tranche Period of Gotham may extend beyond the latest Scheduled Termination Date of any Gotham Liquidity Bank. In addition to the foregoing, except upon the occurrence and during the continuance of an Event of Default, the Borrower (or the Servicer, on the Borrower’s behalf) in its Borrowing Request may request Interest Periods from time to time to apply to the Eurodollar Loans; provided, however, that (x) at any time while any Lender has Eurodollar Loans outstanding, at least one Interest Period of such Lender shall mature on each Settlement Date and (y) no Interest Period of any Lender which began prior to its Scheduled Termination Date shall extend beyond such Scheduled Termination Date. (b) While the Gotham Agent will use reasonable efforts to accommodate the Borrower’s or the Servicer’s requests for CP Tranche Periods except during the continuance of an Event of Default or when Gotham is acting as Pool Funded Conduit, the Gotham Agent shall have the right to subdivide any requested CP Rate Loan into one or more CP Rate Loans of different CP Tranche Periods, or, if the requested period is not feasible, to suggest an alternative CP Tranche Period. While each of the Co-Agents will use reasonable efforts to accommodate the Borrower’s or the Servicer’s requests for Interest Periods for Eurodollar Loans except during the continuance of an Event of Default, each of the Co-Agents shall have the right to subdivide any requested Eurodollar Loan into one or more Eurodollar Loans with different Interest Periods, or, if the requested period is not feasible, to suggest an alternative Interest Period. Notwithstanding the foregoing, not less than $1,000,000 of principal may be allocated to any CP Tranche Period or Interest Period of any Lender, and no Alternate Base Rate Loan may have a principal amount of less than $1,000,000. (c) The Borrower (or the Servicer, on the Borrower’s behalf) may not request an Interest Period for a Eurodollar Loan unless it shall have given each of the applicable Co-Agent(s) written notice of its desire therefor not later than 12:00 noon (New York City time) at least three (3) Business Days prior to the first day of the desired Interest Period. Accordingly, all Liquidity Fundings shall initially be Alternate Base Rate Loans. (d) Unless each Co-Agent shall have received written notice by 12:00 noon (New York City time) on the Required Day prior to the last day of a CP Tranche Period that the Borrower intends to reduce the aggregate principal amount of the CP Rate Loans outstanding, each of the Co-Agents and the Conduits shall be entitled to assume that the Borrower desires to refinance the principal and interest of each maturing CP Rate Loan on the last day of its CP Tranche Period with new CP Rate Loans having substantially similar CP Tranche Periods; provided, however, that the Borrower shall remain liable to pay in cash any portion of the principal or interest on the maturing CP Rate Loan when due to the extent that the applicable Conduit cannot issue Commercial Paper Notes or avail itself of a Liquidity Funding, in either case, in the precise amount necessary to refinance the maturing CP Rate Loan and the accrued and unpaid interest thereon. (e) Unless the Co-Agents shall have received written notice by 12:00 noon (New York City time) on the third (3rd) Business Day prior to the last day of an Interest Period that the Borrower intends to reduce the aggregate principal amount of the Eurodollar Loans outstanding from the Liquidity Banks, each of the Liquidity Banks shall be entitled to assume that the Borrower desires to refinance its maturing Eurodollar Loans on the last day of such Interest Period with Alternate Base Rate Loans.

Selection of CP Tranche Periods and Interest Periods. (a) Except upon the occurrence and during the continuance of an Event of Default or when Gotham is a Pool Funded Conduit, the Borrower (or the Servicer, on the Borrower’s behalf) in its Borrowing Request may request CP Tranche Periods from time to time to apply to Gotham’s CP Rate Loans, whether they are Loans or LC Loans; provided, however, that (i) at any time while Gotham has CP Rate Loans outstanding, at least one CP Tranche Period of Gotham shall mature on each Settlement Date and (ii) no CP Tranche Period of Gotham may extend beyond the latest Scheduled Termination Date of any Gotham Liquidity Bankapplicable Commitment Expiry Date. In addition to the foregoing, except upon the occurrence and during the continuance of an Event of Default, the Borrower (or the Servicer, on the Borrower’s behalf) in its Borrowing Request (A) may request Interest Periods from time to time to apply to the Eurodollar Term SOFR Loans; provided, however, that (x) at any time while any Lender has Eurodollar Term SOFR Loans outstanding, at least one Interest Period of such Lender shall mature on each Settlement Date and (y) no Interest Period of any Lender Lender’s Loan which began prior to its Scheduled Termination the applicable Commitment Expiry Date shall extend beyond such Scheduled Termination Commitment Expiry Date; and (B) shall specify whether Daily Term SOFR Loans will bear interest based on Adjusted Daily One Month Term SOFR or Adjusted Daily Three Month Term SOFR. (b) While the Gotham Agent will use reasonable efforts to accommodate the Borrower’s or the Servicer’s requests for CP Tranche Periods except during the continuance of an Event of Default or when Gotham is acting as Pool Funded Conduit, the Gotham Agent shall have the right to subdivide any requested CP Rate Loan into one or more CP Rate Loans of different CP Tranche Periods, or, if the requested period is not feasible, to suggest an alternative CP Tranche Period. While each of the Co-Co- Agents will use reasonable efforts to accommodate the Borrower’s or the Servicer’s requests for Interest Periods for Eurodollar Term SOFR Loans except during the continuance of an Event of Default, each of the Co-Agents shall have the right to subdivide any requested Eurodollar Term SOFR Loan into one or more Eurodollar Term SOFR Loans with different Interest Periods, or, if the requested period is not feasible, to suggest an alternative Interest Period. Notwithstanding the foregoing, not less than $1,000,000 of principal Principal may be allocated to any CP Tranche Period or Interest Period of any Lender, and no Alternate Base Rate Loan may have a principal Principal amount of less than $1,000,000. (c) The Borrower (or the Servicer, on the Borrower’s behalf) may not request an Interest Period for a Eurodollar Term SOFR Loan unless it shall have given each of the applicable Co-Agent(s) written notice of its desire therefor not later than 12:00 noon (New York City time) at least three one (31) U.S. Government Securities Business Days Day prior to the first day of the desired Interest Period. Accordingly, all Liquidity Fundings shall initially be Alternate Base Rate Loans. (d) Unless each Co-Agent shall have received written notice by 12:00 noon (New York City time) on the Required Day prior to the last day of a CP Tranche Period that the Borrower intends to reduce the aggregate principal Principal amount of the CP Rate Loans outstanding, each of the Co-Agents and the Conduits shall be entitled to assume that the Borrower desires to refinance the principal Principal and interest Interest of each maturing CP Rate Loan on the last day of its CP Tranche Period with new CP Rate Loans having substantially similar CP Tranche Periods; provided, however, that the Borrower shall remain liable to pay in cash any portion of the principal Principal or interest Interest on the maturing CP Rate Loan when due to the extent that the applicable Conduit cannot issue Commercial Paper Notes or avail itself of a Liquidity Funding, in either case, in the precise amount necessary to refinance the maturing CP Rate Loan and the accrued and unpaid interest thereon.either (e) Unless the Co-Agents shall have received written notice by 12:00 noon (New York City time) on the third first (3rd1st) Business Day prior to the last day of an Interest Period that the Borrower intends to reduce the aggregate principal Principal amount of the Eurodollar Term SOFR Loans outstanding from the Liquidity Banks, each of the Liquidity Banks shall be entitled to assume that the Borrower desires to refinance its maturing Eurodollar Term SOFR Loans on the last day of such Interest Period with Alternate Base Rate Loans.

Selection of CP Tranche Periods and Interest Periods. (a) Except upon Prior to the occurrence and during the continuance of an Event of Default or when Gotham is a Pool Funded ConduitDefault, the Borrower (or the Servicer, on the Borrower’s behalf) Servicer in its Borrowing Request may request CP Tranche Periods (or, in the case of Liquidity Fundings, Interest Periods) from time to time to apply to Gotham’s each Lender's CP Rate Loans or Eurodollar Loans, as applicable; provided, however, that (i) at any time while Gotham has CP Rate Loans outstanding, at least one CP Tranche Period of Gotham or one Interest Period shall mature on each Settlement Date Date, and (ii) no CP Tranche Period of Gotham may extend beyond the latest Scheduled Termination Date of any Gotham Liquidity Bank. In addition to the foregoing, except upon the occurrence and during the continuance of an Event of Default, the Borrower (or the Servicer, on the Borrower’s behalf) in its Borrowing Request may request Interest Periods from time to time to apply to the Eurodollar Loans; provided, however, that (x) at any time while any Lender has Eurodollar Loans outstanding, at least one Interest Period of such Lender shall mature on each Settlement Date and (y) no Interest Period of any Lender which began prior to its the Scheduled Termination Date shall extend beyond such the Scheduled Termination Date. (b) . While the Gotham Agent will use reasonable efforts to accommodate the Borrower’s 's or the Servicer’s 's requests for CP Tranche Periods except during the continuance of or Interest Periods prior to an Event of Default or when Gotham is acting as Pool Funded ConduitDefault, the Gotham Agent shall have the right to subdivide any requested CP Rate Loan into one or more CP Rate Loans of different CP Tranche Periods or Interest Periods, as the case may be, or, if the requested period is not feasible, to suggest an alternative CP Tranche Period. While each of the Co-Agents will use reasonable efforts to accommodate the Borrower’s Period or the Servicer’s requests for Interest Periods for Eurodollar Loans except during the continuance of an Event of Default, each of the Co-Agents shall have the right to subdivide any requested Eurodollar Loan into one or more Eurodollar Loans with different Interest Periods, or, if the requested period is not feasible, to suggest an alternative Interest Period. Notwithstanding the foregoing, provided that not less than $1,000,000 of principal may be allocated to any CP Tranche Period or Interest Period of any Lender, and no Alternate Base Rate Loan may have a principal amount of less than $1,000,000. (c) . The Borrower (or the Servicer, Servicer on the Borrower’s 's behalf) may not request an Interest Period for a Eurodollar Loan unless it shall have given each of the applicable Co-Agent(s) Agent written notice of its desire therefor not later than 12:00 noon (New York City time) at least three (3) 3 Business Days prior to the first day of the desired Interest Period. Accordingly, all Liquidity Fundings shall initially be Alternate Base Rate Loans. (d) . Unless each Co-the Agent shall have received written notice by 12:00 noon (New York City time) on the Required second Business Day prior to the last day of a CP Tranche Period that the Borrower intends to reduce or increase the aggregate principal amount of the CP Rate Loans outstanding, each unless an Event of the Co-Agents Default exists and the Conduits is continuing or Blue Ridge determines that it must avail itself of a Liquidity Funding, Blue Ridge shall be entitled to assume that the Borrower desires to refinance the principal and interest of each maturing CP Rate Loan on the last day of its CP Tranche Period with a new CP Rate Loans having substantially similar Loan with CP Tranche Periods; providedPeriods selected by the Agent. In addition, however, that in the Borrower shall remain liable to pay in cash any portion of the principal or interest on the maturing CP Rate Loan when due event and to the extent that the applicable Conduit Blue Ridge cannot issue Commercial Paper Notes or avail itself of a Liquidity Funding, in either case, in the precise an amount necessary to refinance the maturing CP Rate Loan and the accrued and unpaid interest thereon. (e) , Blue Ridge may, by notice to the Agent, the Seller and the Servicer, require the mandatory prepayment of all outstanding CP Rate Loans in accordance with Section 3.2 hereof. Unless the Co-Agents Agent shall have received written notice by 12:00 noon (New York City time) on the third (3rd) Business Day prior to the last day of an Interest Period that the Borrower intends to reduce the aggregate principal amount of the Eurodollar Loans outstanding from the Liquidity Banks, each of the Liquidity Banks shall be entitled to assume that the Borrower desires to refinance its maturing Eurodollar Loans on the last day of such Interest Period with Alternate Base Eurodollar Loans with an Interest Period of one month. The Agent acknowledges and agrees that a Borrowing Request shall not be required in connection with the refinancing on the last day of an Interest Period of maturing CP Rate Loans or maturing Eurodollar Loans.

Selection of CP Tranche Periods and Interest Periods. (a) Except upon the occurrence and during the continuance of an Event of Default or when Gotham is a Pool Funded ConduitDefault, the Borrower (or the Servicer, on the Borrower’s 's behalf) in its Borrowing Request may request CP Tranche Periods from time to time to apply to Gotham’s Atlantic's CP Rate Loans; provided, however, that (i) at any time while Gotham Atlantic has CP Rate Loans outstanding, at least one CP Tranche Period of Gotham Atlantic shall mature on each Settlement Date and (ii) no CP Tranche Period of Gotham Atlantic may extend beyond the latest Scheduled Termination Date of any Gotham Atlantic Liquidity Bank. In addition to the foregoing, except upon the occurrence and during the continuance of an Event of Default, the Borrower (or the Servicer, on the Borrower’s 's behalf) in its Borrowing Request may request Interest Periods from time to time to apply to the Eurodollar Loans; provided, however, that (x) at any time while any Lender has Eurodollar Loans outstanding, at least one Interest Period of such Lender shall mature on each Settlement Date and (y) no Interest Period of any Lender which began prior to its Scheduled Termination Date shall extend beyond such Scheduled Termination Date. (b) While the Gotham Atlantic Agent will use reasonable efforts to accommodate the Borrower’s 's or the Servicer’s 's requests for CP Tranche Periods except during the continuance of an Event of Default or when Gotham is acting as Pool Funded ConduitDefault, the Gotham Atlantic Agent shall have the right to subdivide any requested CP Rate Loan into one or more CP Rate Loans of different CP Tranche Periods, or, if the requested period is not feasible, to suggest an alternative CP Tranche Period. While each of the Co-Agents will use reasonable efforts to accommodate the Borrower’s 's or the Servicer’s 's requests for Interest Periods for Eurodollar Loans except during the continuance of an Event of Default, each of the Co-Agents shall have the right to subdivide any requested Eurodollar Loan into one or more Eurodollar Loans with different Interest Periods, or, if the requested period is not feasible, to suggest an alternative Interest Period. Notwithstanding the foregoing, not less than $1,000,000 of principal may be allocated to any CP Tranche Period or Interest Period of any Lender, and no Alternate Base Rate Loan may have a principal amount of less than $1,000,000. (c) The Borrower (or the Servicer, on the Borrower’s 's behalf) may not request an Interest Period for a Eurodollar Loan unless it shall have given each of the applicable Co-Agent(s) written notice of its desire therefor not later than 12:00 noon (New York City time) at least three (3) Business Days prior to the first day of the desired Interest Period. Accordingly, all Liquidity Fundings shall initially be Alternate Base Rate Loans. (d) Unless each Co-Agent shall have received written notice by 12:00 noon (New York City time) on the Required Day prior to the last day of a CP Tranche Period that the Borrower intends to reduce the aggregate principal amount of the CP Rate Loans outstanding, each of the Co-Agents and the Conduits shall be entitled to assume that the Borrower desires to refinance the principal and interest of each maturing CP Rate Loan on the last day of its CP Tranche Period with new CP Rate Loans having substantially similar CP Tranche Periods; provided, however, that the Borrower shall remain liable to pay in cash any portion of the principal or interest on the maturing CP Rate Loan when due to the extent that the applicable Conduit cannot issue Commercial Paper Notes or avail itself of a Liquidity Funding, in either case, in the precise amount necessary to refinance the maturing CP Rate Loan and the accrued and unpaid interest thereon. (e) Unless the Co-Agents shall have received written notice by 12:00 noon (New York City time) on the third (3rd) Business Day prior to the last day of an Interest Period that the Borrower intends to reduce the aggregate principal amount of the Eurodollar Loans outstanding from the Liquidity Banks, each of the Liquidity Banks shall be entitled to assume that the Borrower desires to refinance its maturing Eurodollar Loans on the last day of such Interest Period with Alternate Base Rate Loans.

Selection of CP Tranche Periods and Interest Periods. (a) Except upon the occurrence and during the continuance of an Event of Default or when Gotham is a Pool Funded Conduit, the Borrower (or the Servicer, on the Borrower’s behalf) in its Borrowing Request may request CP Tranche Periods from time to time to apply to Gotham’s CP Rate Loans, whether they are A-Loans, B-Loans or LC Loans; provided, however, that (i) at any time while Gotham has CP Rate Loans outstanding, at least one CP Tranche Period of Gotham shall mature on each Settlement Date and (ii) no CP Tranche Period of Gotham may extend beyond the latest Scheduled Termination Date of any Gotham Liquidity Bankapplicable Commitment Expiry Date. In addition to the foregoing, except upon the occurrence and during the continuance of an Event of Default, the Borrower (or the Servicer, on the Borrower’s behalf) in its Borrowing Request may request Interest Periods from time to time to apply to the Eurodollar Loans; provided, however, that (x) at any time while any Lender has Eurodollar Loans outstanding, at least one Interest Period of such Lender shall mature on each Settlement Date and (y) no Interest Period of any Lender Lender’s Loan which began prior to its Scheduled Termination the applicable Commitment Expiry Date shall extend beyond such Scheduled Termination Commitment Expiry Date. (b) While the Gotham Agent will use reasonable efforts to accommodate the Borrower’s or the Servicer’s requests for CP Tranche Periods except during the continuance of an Event of Default or when Gotham is acting as Pool Funded Conduit, the Gotham Agent shall have the right to subdivide any requested CP Rate Loan into one or more CP Rate Loans of different CP Tranche Periods, or, if the requested period is not feasible, to suggest an alternative CP Tranche Period. While each of the Co-Agents will use reasonable efforts to accommodate the Borrower’s or the Servicer’s requests for Interest Periods for Eurodollar Loans except during the continuance of an Event of Default, each of the Co-Agents shall have the right to subdivide any requested Eurodollar Loan into one or more Eurodollar Loans with different Interest Periods, or, if the requested period is not feasible, to suggest an alternative Interest Period. Notwithstanding the foregoing, not less than $1,000,000 of principal Principal may be allocated to any CP Tranche Period or Interest Period of any Lender, and no Alternate Base Rate Loan may have a principal Principal amount of less than $1,000,000. (c) The Borrower (or the Servicer, on the Borrower’s behalf) may not request an Interest Period for a Eurodollar Loan unless it shall have given each of the applicable Co-Agent(s) written notice of its desire therefor not later than 12:00 noon (New York City time) at least three (3) Business Days prior to the first day of the desired Interest Period. Accordingly, all Liquidity Fundings shall initially be Alternate Base Rate Loans. (d) Unless each Co-Agent shall have received written notice by 12:00 noon (New York City time) on the Required Day prior to the last day of a CP Tranche Period that the Borrower intends to reduce the aggregate principal Principal amount of the CP Rate Loans outstanding, each of the Co-Agents and the Conduits shall be entitled to assume that the Borrower desires to refinance the principal Principal and interest Interest of each maturing CP Rate Loan on the last day of its CP Tranche Period with new CP Rate Loans having substantially similar CP Tranche Periods; provided, however, that the Borrower shall remain liable to pay in cash any portion of the principal Principal or interest Interest on the maturing CP Rate Loan when due to the extent that the applicable Conduit cannot issue Commercial Paper Notes or avail itself of a Liquidity Funding, in either case, in the precise amount necessary to refinance the maturing CP Rate Loan and the accrued and unpaid interest Interest thereon. (e) Unless the Co-Agents shall have received written notice by 12:00 noon (New York City time) on the third (3rd) Business Day prior to the last day of an Interest Period that the Borrower intends to reduce the aggregate principal Principal amount of the Eurodollar Loans outstanding from the Liquidity Banks, each of the Liquidity Banks shall be entitled to assume that the Borrower desires to refinance its maturing Eurodollar Loans on the last day of such Interest Period with Alternate Base Rate Loans.

Selection of CP Tranche Periods and Interest Periods. (a) Except upon the occurrence and during the continuance of an Event of Default or when Gotham is a Pool Funded Conduit, the Borrower (or the Servicer, on the Borrower’s behalf) in its Borrowing Request may request CP Tranche Periods from time to time to apply to Gotham’s CP Rate Loans; provided, however, that (i) at any time while Gotham has CP Rate Loans outstanding, at least one CP Tranche Period of Gotham shall mature on each Settlement Date and (ii) no CP Tranche Period of Gotham may extend beyond the latest Scheduled Termination Date of any Gotham Liquidity Bank. In addition to the foregoing, except upon the occurrence and during the continuance of an Event of Default, the Borrower (or the Servicer, on the Borrower’s 's behalf) in its Borrowing Request may request CP Tranche Periods (or, in the case of Liquidity Fundings, Interest Periods Periods) from time to time to apply to the each Lender's CP Rate Loans or Eurodollar Loans, as applicable; providedPROVIDED, howeverHOWEVER, that (xi) at any time while any Lender has Eurodollar Loans outstanding, at least one CP Tranche Period or one Interest Period of such Lender shall mature on each Settlement Date Date, and (yii) no CP Tranche Period or Interest Period of any Lender which began prior to its the Scheduled Termination Date shall extend beyond such the Scheduled Termination Date. (b) While While, except during the Gotham continuance of an Event of Default, the Administrative Agent will use reasonable efforts to accommodate the Borrower’s 's or the Servicer’s 's requests for CP Tranche Periods except during the continuance of an Event of Default or when Gotham is acting as Pool Funded ConduitInterest Periods, the Gotham Administrative Agent shall have the right to subdivide any requested CP Rate Loan Advance into one or more CP Rate Loans of different CP Tranche Periods or Interest Periods, as the case may be, or, if the requested period is not feasible, to suggest an alternative CP Tranche Period. While each of the Co-Agents will use reasonable efforts to accommodate the Borrower’s Period or the Servicer’s requests for Interest Periods for Eurodollar Loans except during the continuance of an Event of Default, each of the Co-Agents shall have the right to subdivide any requested Eurodollar Loan into one or more Eurodollar Loans with different Interest Periods, or, if the requested period is not feasible, to suggest an alternative Interest Period. Notwithstanding the foregoing, PROVIDED THAT not less than $1,000,000 of principal may be allocated to any CP Tranche Period or Interest Period of any Lender, and no Alternate Base Rate Loan may have a principal amount of less than $1,000,000. (c) The Borrower (or the Servicer, on the Borrower’s 's behalf) may not request an Interest Period for a Eurodollar Loan unless it shall have given each of the applicable Co-Agent(s) Administrative Agent written notice of its desire therefor not later than 12:00 noon (New York City time) at least three (3) Business Days prior to the first day of the desired Interest Period. Accordingly, all Liquidity Fundings shall initially be Alternate Base Rate Loans. (d) Unless each Co-the Administrative Agent shall have received written notice by 12:00 noon (New York City time) on the Required second (2nd) Business Day prior to the last day of a CP Tranche Period that the Borrower intends to reduce the aggregate principal amount of the CP Rate Loans outstanding, each of the Co-Agents and the Conduits Blue Ridge shall be entitled to assume that the Borrower desires to refinance the principal and interest of each maturing CP Rate Loan on the last day of its CP Tranche Period with new CP Rate Loans having substantially similar CP Tranche PeriodsPeriods selected by the Administrative Agent; providedPROVIDED, howeverHOWEVER, that the Borrower shall remain liable to pay in cash any portion of the principal or interest on the maturing CP Rate Loan when due to the extent that the applicable Conduit Blue Ridge cannot issue Commercial Paper Notes or avail itself of a Liquidity Funding, in either case, in the precise amount necessary to refinance the maturing CP Rate Loan and the accrued and unpaid interest thereon. (e) Unless the Co-Agents Administrative Agent shall have received written notice by 12:00 noon (New York City time) on the third (3rd) Business Day prior to the last day of an Interest Period that the Borrower intends to reduce the aggregate principal amount of the Eurodollar Loans outstanding from the Liquidity Banks, each of the Liquidity Banks shall be entitled to assume that the Borrower desires to refinance its maturing Eurodollar Loans on the last day of such Interest Period with Alternate Base Rate Loans.

Selection of CP Tranche Periods and Interest Periods. (a) Except upon the occurrence and during the continuance of an Amortization Event and subject to Section 2.2(b) and, in the case of Default or when Gotham is a Pool Funded ConduitLIBOR Loans, the Section 2.2(c): (i) Borrower (or the Servicer, on the Borrower’s behalf) in its Borrowing Request may request CP Tranche Periods from time to time to apply to Gotham’s CP Rate Loans; provided, however, that (i) at any time while Gotham has CP Rate Loans outstanding, at least one CP Tranche Period of Gotham shall mature on each Settlement Date and (ii) no CP Tranche Period of Gotham may extend beyond the latest Scheduled Gotham Group’s Liquidity Termination Date of any Gotham Liquidity Bank. In addition to the foregoingDate, except upon the occurrence and during the continuance of an Event of Default, the (ii) Borrower (or the Servicer, on the Borrower’s behalf) in its Borrowing Request may request Interest Periods from time to time to apply to the Eurodollar LIBOR Loans; provided, however, that (x) at any time while any Lender Liquidity Bank has Eurodollar LIBOR Loans outstanding, at least one Interest Period of such Lender Liquidity Bank shall mature on each Settlement Date and (y) no Interest Period of any Lender Liquidity Bank which began prior to its Scheduled Liquidity Termination Date shall extend beyond such Scheduled Liquidity Termination Date. (b) While the Gotham Agent will use reasonable efforts to accommodate the Borrower’s or the Servicer’s requests for CP Tranche Periods except during the continuance of an Event of Default or when Gotham is acting as Pool Funded ConduitAmortization Event, the Gotham Agent shall have the right to subdivide any requested CP Rate Loan into one or more CP Rate Loans of different CP Tranche Periods, or, if the requested period is not feasible, to suggest an alternative CP Tranche Period. While each of the Co-Agents will use reasonable efforts to accommodate the Borrower’s or the Servicer’s requests for Interest Periods for Eurodollar LIBOR Loans except during the continuance of an Event of DefaultAmortization Event, each of the Co-Agents shall have the right to subdivide any requested Eurodollar LIBOR Loan into one or more Eurodollar LIBOR Loans with different Interest Periods, or, if the requested period is not feasible, to suggest an alternative Interest Period. Notwithstanding the foregoing, not less than $1,000,000 of principal may be allocated to any CP Tranche Period of the Conduits or Interest Period of any LenderLiquidity Funding, and no Alternate Base Rate Loan may have a principal amount of less than $1,000,000. (c) The Borrower (or the Servicer, on the Borrower’s behalf) may not request an Interest Period for a Eurodollar LIBOR Loan unless it shall have given each of the applicable Co-Agent(s) written notice of its desire therefor not later than 12:00 noon 1:00 p.m. (New York City time) at least three (3) Business Days prior to the first day of the desired Interest Period. Accordingly, all Liquidity Fundings shall initially be Alternate Base Rate Loans. (d) Unless each of the Co-Agent Agents shall have received written notice by 12:00 noon p.m. (New York City time) on the Required Business Day prior to the last day of a CP Tranche Period that the Borrower intends to reduce the aggregate principal amount of the CP Rate Loans outstanding, each of the Co-Agents and the Conduits shall be entitled to assume that the Borrower desires to refinance the principal and interest of each maturing CP Rate Loan on the last day of its CP Tranche Period with new CP Rate Loans having substantially similar CP Tranche Periods; provided, however, that the Borrower shall remain liable to pay in cash any portion of the principal or interest on the maturing CP Rate Loan when due to the extent that the applicable Conduit cannot issue Commercial Paper Promissory Notes or avail itself of a Liquidity Funding, in either case, in the precise amount necessary to refinance the maturing CP Rate Loan and the accrued and unpaid interest thereon. (e) Unless each of the Co-Agents shall have received written notice by 12:00 noon 1:00 p.m. (New York City time) on the third (3rd) Business Day prior to the last day of an Interest Period with respect to a LIBOR Loan that the Borrower intends to reduce the aggregate principal amount of the Eurodollar LIBOR Loans outstanding from the Liquidity Banks, each of the PARCO Liquidity Banks and the CAFCO Liquidity Banks shall be entitled to assume that the Borrower desires to refinance its maturing Eurodollar LIBOR Loans on the last day of such Interest Period with Alternate Base Rate Loans, and each of the Gotham Liquidity Banks and the ▇▇▇▇▇▇▇▇ Liquidity Banks shall be entitled to assume that Borrower desires to refinance its maturing LIBOR Loans on the last day of such Interest Period with LIBOR Loans for the same Interest Period then ending to the extent of the applicable Liquidity Banks’ ability to provide the funding without the customary three (3) Business Days notice or, otherwise, with Alternate Base Rate Loans.

Selection of CP Tranche Periods and Interest Periods. (a) Except upon the occurrence and during the continuance of an Event of Default or when Gotham is a Pool Funded ConduitDefault, the Borrower (or the Servicer, on the Borrower’s 's behalf) in its Borrowing Request may request CP Tranche Periods from time to time to apply to Gotham’s La Fayette's CP Rate Loans; provided, however, that (i) at any time while Gotham La Fayette has CP Rate Loans outstanding, at least one CP Tranche Period of Gotham La Fayette shall mature on each Settlement Date and (ii) no CP Tranche Period of Gotham La Fayette may extend beyond the latest Scheduled Termination Date of any Gotham La Fayette Liquidity Bank. In addition to the foregoing, except upon the occurrence and during the continuance of an Event of Default, the Borrower (or the Servicer, on the Borrower’s 's behalf) in its Borrowing Request may request Interest Periods from time to time to apply to the Eurodollar Loans; provided, however, that (x) at any time while any Lender has Eurodollar Loans outstanding, at least one Interest Period of such Lender shall mature on each Settlement Date and (y) no Interest Period of any Lender which began prior to its Scheduled Termination Date shall extend beyond such Scheduled Termination Date. (b) While the Gotham La Fayette Agent will use reasonable efforts to accommodate the Borrower’s 's or the Servicer’s 's requests for CP Tranche Periods except during the continuance of an Event of Default or when Gotham is acting as Pool Funded ConduitDefault, the Gotham La Fayette Agent shall have the right to subdivide any requested CP Rate Loan into one or more CP Rate Loans of different CP Tranche Periods, or, if the requested period is not feasible, to suggest an alternative CP Tranche Period. While each of the Co-Agents will use reasonable efforts to accommodate the Borrower’s 's or the Servicer’s 's requests for Interest Periods for Eurodollar Loans except during the continuance of an Event of Default, each of the Co-Agents shall have the right to subdivide any requested Eurodollar Loan into one or more Eurodollar Loans with different Interest Periods, or, if the requested period is not feasible, to suggest an alternative Interest Period. Notwithstanding the foregoing, not less than $1,000,000 of principal may be allocated to any CP Tranche Period or Interest Period of any Lender, and no Alternate Base Rate Loan may have a principal amount of less than $1,000,000. (c) The Borrower (or the Servicer, on the Borrower’s 's behalf) may not request an Interest Period for a Eurodollar Loan unless it shall have given each of the applicable Co-Agent(s) written notice of its desire therefor not later than 12:00 noon (New York City time) at least three (3) Business Days prior to the first day of the desired Interest Period. Accordingly, all Liquidity Fundings shall initially be Alternate Base Rate Loans. (d) Unless each Co-Agent shall have received written notice by 12:00 noon (New York City time) on the Required Day prior to the last day of a CP Tranche Period that the Borrower intends to reduce the aggregate principal amount of the CP Rate Loans outstanding, each of the Co-Agents and the Conduits shall be entitled to assume that the Borrower desires to refinance the principal and interest of each maturing CP Rate Loan on the last day of its CP Tranche Period with new CP Rate Loans having substantially similar CP Tranche Periods; provided, however, that the Borrower shall remain liable to pay in cash any portion of the principal or interest on the maturing CP Rate Loan when due to the extent that the applicable Conduit cannot issue Commercial Paper Notes or avail itself of a Liquidity Funding, in either case, in the precise amount necessary to refinance the maturing CP Rate Loan and the accrued and unpaid interest thereon. (e) Unless the Co-Agents shall have received written notice by 12:00 noon (New York City time) on the third (3rd) Business Day prior to the last day of an Interest Period that the Borrower intends to reduce the aggregate principal amount of the Eurodollar Loans outstanding from the Liquidity Banks, each of the Liquidity Banks shall be entitled to assume that the Borrower desires to refinance its maturing Eurodollar Loans on the last day of such Interest Period with Alternate Base Rate Loans.

Selection of CP Tranche Periods and Interest Periods. (a) Except upon Prior to the occurrence and during the continuance of an Event of Default or when Gotham is a Pool Funded ConduitDefault, the Borrower (or the Servicer, Servicer on the Borrower’s 's behalf) in its Borrowing Request may request CP Tranche Periods (or, in the case of Liquidity Fundings, Interest Periods) from time to time to apply to Gotham’s each Lender's CP Rate Loans or Eurodollar Loans, as applicable; providedPROVIDED, howeverHOWEVER, that (i) at any time while Gotham has CP Rate Loans outstanding, at least one (1) CP Tranche Period of Gotham or one (1) Interest Period shall mature on each Settlement Date Date, and (ii) no CP Tranche Period of Gotham may extend beyond the latest Scheduled Termination Date of any Gotham Liquidity Bank. In addition to the foregoing, except upon the occurrence and during the continuance of an Event of Default, the Borrower (or the Servicer, on the Borrower’s behalf) in its Borrowing Request may request Interest Periods from time to time to apply to the Eurodollar Loans; provided, however, that (x) at any time while any Lender has Eurodollar Loans outstanding, at least one Interest Period of such Lender shall mature on each Settlement Date and (y) no Interest Period of any Lender which began prior to its the Scheduled Termination Date shall extend beyond such the Scheduled Termination Date. (b) . While the Gotham Agent will use reasonable efforts to accommodate the Borrower’s 's (or the Servicer’s 's, on the Borrower's behalf) requests for CP Tranche Periods except during the continuance of or Interest Periods prior to an Event of Default or when Gotham is acting as Pool Funded ConduitDefault, the Gotham Agent shall have the right to subdivide any requested CP Rate Loan into one or more CP Rate Loans of different CP Tranche Periods or Interest Periods, as the case may be, or, if the requested period is not feasible, to suggest an alternative CP Tranche Period. While each of the Co-Agents will use reasonable efforts to accommodate the Borrower’s Period or the Servicer’s requests for Interest Periods for Eurodollar Loans except during the continuance of an Event of Default, each of the Co-Agents shall have the right to subdivide any requested Eurodollar Loan into one or more Eurodollar Loans with different Interest Periods, or, if the requested period is not feasible, to suggest an alternative Interest Period. Notwithstanding the foregoing, PROVIDED THAT not less than $1,000,000 of principal may be allocated to any CP Tranche Period or Interest Period of any Lender, and no Alternate Base Rate Loan may have a principal amount of less than $1,000,000. (c) . The Borrower (or the Servicer, Servicer on the Borrower’s 's behalf) may not request an Interest Period for a Eurodollar Loan unless it shall have given each of the applicable Co-Agent(s) Agent written notice of its desire therefor not later than 12:00 noon (New York City time) at least three (3) Business Days prior to the first day of the desired Interest Period. Accordingly, all Liquidity Fundings shall initially be Alternate Base Rate Loans. (d) . Unless each Co-the Agent shall have received written notice by 12:00 noon (New York City time) on the Required second Business Day prior to the last day of a CP Tranche Period that the Borrower intends to reduce the aggregate principal amount of the CP Rate Loans outstanding, each of the Co-Agents and the Conduits Blue Ridge shall be entitled to assume that the Borrower desires to refinance the principal and interest of each maturing CP Rate Loan Loans on the last day of its such CP Tranche Period with new CP Rate Loans having substantially similar in like principal amounts with CP Tranche PeriodsPeriods of approximately the same duration; providedPROVIDED, howeverHOWEVER, that Blue Ridge shall not be liable for failure to effect such refinancing and the Borrower shall remain liable to pay in cash any portion of the principal or interest on the maturing matured CP Rate Loan when due to the extent that the applicable Conduit canLoans which were not issue Commercial Paper Notes or avail itself of so refinanced (unless they are refinanced with a Liquidity Funding, in either case, in the precise amount necessary to refinance the maturing CP Rate Loan and the accrued and unpaid interest thereon. (e) ). Unless the Co-Agents Agent shall have received written notice by 12:00 noon (New York City time) on the third (3rd) Business Day prior to the last day of an Interest Period that the Borrower intends to reduce the aggregate principal amount of the Eurodollar Loans outstanding from the Liquidity Banks, each of the Liquidity Banks shall be entitled to assume that the Borrower desires to refinance its maturing Eurodollar Loans on the last day of such Interest Period with Alternate Base Rate LoansEurodollar Loans with a one (1) month Interest Period.

Selection of CP Tranche Periods and Interest Periods. (a) Except upon the occurrence and during the continuance of an Amortization Event and subject to Section 2.2(b) and, in the case of Default or when Gotham is a Pool Funded ConduitLIBOR Loans, the Section 2.2(c): (i) Borrower (or the Servicer, on the Borrower’s 's behalf) in its Borrowing Request may request CP Tranche Periods from time to time to apply to Gotham’s 's CP Rate Loans; provided, however, that (i) at any time while Gotham has CP Rate Loans outstanding, at least one CP Tranche Period of Gotham shall mature on each Settlement Date and (ii) no CP Tranche Period of Gotham may extend beyond the latest Scheduled Gotham Group's Liquidity Termination Date of any Gotham Liquidity Bank. In addition to the foregoingDate, except upon the occurrence and during the continuance of an Event of Default, the (ii) Borrower (or the Servicer, on the Borrower’s 's behalf) in its Borrowing Request may request Interest Periods from time to time to apply to the Eurodollar LIBOR Loans; provided, however, that (x) at any time while any Lender Liquidity Bank has Eurodollar LIBOR Loans outstanding, at least one Interest Period of such Lender Liquidity Bank shall mature on each Settlement Date and (y) no Interest Period of any Lender Liquidity Bank which began prior to its Scheduled Liquidity Termination Date shall extend beyond such Scheduled Liquidity Termination Date. (b) While the Gotham Agent will use reasonable efforts to accommodate the Borrower’s 's or the Servicer’s 's requests for CP Tranche Periods except during the continuance of an Event of Default or when Gotham is acting as Pool Funded ConduitAmortization Event, the Gotham Agent shall have the right to subdivide any requested CP Rate Loan into one or more CP Rate Loans of different CP Tranche Periods, or, if the requested period is not feasible, to suggest an alternative CP Tranche Period. While each of the Co-Agents will use reasonable efforts to accommodate the Borrower’s 's or the Servicer’s 's requests for Interest Periods for Eurodollar LIBOR Loans except during the continuance of an Event of DefaultAmortization Event, each of the Co-Agents shall have the right to subdivide any requested Eurodollar LIBOR Loan into one or more Eurodollar LIBOR Loans with different Interest Periods, or, if the requested period is not feasible, to suggest an alternative Interest Period. Notwithstanding the foregoing, not less than $1,000,000 of principal may be allocated to any CP Tranche Period of the Conduits or Interest Period of any LenderLiquidity Funding, and no Alternate Base Rate Loan may have a principal amount of less than $1,000,000. (c) The Borrower (or the Servicer, on the Borrower’s 's behalf) may not request an Interest Period for a Eurodollar LIBOR Loan unless it shall have given each of the applicable Co-Agent(s) written notice of its desire therefor not later than 12:00 noon 1:00 p.m. (New York City time) at least three (3) Business Days prior to the first day of the desired Interest Period. Accordingly, all Liquidity Fundings shall initially be Alternate Base Rate Loans. (d) Unless each of the Co-Agent Agents shall have received written notice by 12:00 noon p.m. (New York City time) on the Required Business Day prior to the last day of a CP Tranche Period that the Borrower intends to reduce the aggregate principal amount of the CP Rate Loans outstanding, each of the Co-Agents and the Conduits shall be entitled to assume that the Borrower desires to refinance the principal and interest of each maturing CP Rate Loan on the last day of its CP Tranche Period with new CP Rate Loans having substantially similar CP Tranche Periods; provided, however, that the Borrower shall remain liable to pay in cash any portion of the principal or interest on the maturing CP Rate Loan when due to the extent that the applicable Conduit cannot issue Commercial Paper Promissory Notes or avail itself of a Liquidity Funding, in either case, in the precise amount necessary to refinance the maturing CP Rate Loan and the accrued and unpaid interest thereon. (e) Unless each of the Co-Agents shall have received written notice by 12:00 noon 1:00 p.m. (New York City time) on the third (3rd) Business Day prior to the last day of an Interest Period with respect to a LIBOR Loan that the Borrower intends to reduce the aggregate principal amount of the Eurodollar LIBOR Loans outstanding from the Liquidity Banks, each of the Blue Ridge Liquidity Banks, the PREFCO Liquidity Banks and the CAFCO Liquidity Banks shall be entitled to assume that the Borrower desires to refinance its maturing Eurodollar LIBOR Loans on the last day of such Interest Period with Alternate Base Rate Loans, and each of the Gotham Liquidity Banks and the ▇▇▇▇▇▇▇▇ Liquidity Banks shall be entitled to assume that Borrower desires to refinance its maturing LIBOR Loans on the last day of such Interest Period with LIBOR Loans for the same Interest Period then ending to the extent of the applicable Liquidity Banks' ability to provide the funding without the customary three (3) Business Days notice or, otherwise, with Alternate Base Rate Loans.

Selection of CP Tranche Periods and Interest Periods. (a) Except upon the occurrence and during the continuance of an Amortization Event and subject to Sections 1.2(c) and 2.2(b) and, in the case of Default or when Gotham is a Pool Funded ConduitLIBOR Loans, the Section 2.2(c): (i) Borrower (or the Servicer, on the Borrower’s 's behalf) in its Borrowing Request may request CP Tranche Periods from time to time to apply to Gotham’s Victory's CP Rate Loans; provided, however, that (i) at any time while Gotham has CP Rate Loans outstanding, at least one CP Tranche Period of Gotham shall mature on each Settlement Date and (ii) no CP Tranche Period of Gotham Victory may extend beyond the latest Scheduled Victory Group's Liquidity Termination Date of any Gotham Liquidity Bank. In addition to the foregoingDate, except upon the occurrence and during the continuance of an Event of Default, the (ii) Borrower (or the Servicer, on the Borrower’s 's behalf) in its Borrowing Request may request Interest Periods from time to time to apply to the Eurodollar LIBOR Loans; provided, however, that (x) at any time while any Lender has Eurodollar Loans outstanding, at least one Interest Period of such Lender shall mature on each Settlement Date and (y) no Interest Period of any Lender Liquidity Bank which began prior to its Scheduled Liquidity Termination Date shall extend beyond such Scheduled Liquidity Termination Date. (b) While the Gotham Agent will use reasonable efforts to accommodate the Borrower’s or the Servicer’s requests for CP Tranche Periods except during the continuance of an Event of Default or when Gotham is acting as Pool Funded Conduit, the Gotham The Victory Agent shall have the right to subdivide any requested CP Rate Loan into one or more CP Rate Loans of different CP Tranche Periods, or, if the requested period is not feasible, to suggest an alternative CP Tranche Period. While each of the Co-Agents will use reasonable efforts to accommodate the Borrower’s or the Servicer’s requests for Interest Periods for Eurodollar Loans except during the continuance of an Event of Default, each Each of the Co-Agents shall have the right to subdivide any requested Eurodollar LIBOR Loan into one or more Eurodollar LIBOR Loans with different Interest Periods, or, if the requested period is not feasible, to suggest an alternative Interest Period. Notwithstanding the foregoing, not less than $1,000,000 of principal may be allocated to any CP Tranche Period of the Conduits or to any Interest Period of any LenderLiquidity Funding, and no Alternate Base Rate Loan may have a principal amount of less than $1,000,000. (c) The Borrower (or the Servicer, on the Borrower’s 's behalf) may not request an Interest Period for a Eurodollar LIBOR Loan unless it shall have given each of the applicable Co-Agent(s) written notice of its desire therefor not later than 12:00 noon p.m. (New York City time) at least three (3) Business Days prior to the first day of the desired Interest Period. Accordingly, all Liquidity Fundings shall initially be Alternate Base Rate Loans. (d) Unless each both Co-Agent Agents shall have received written notice by 12:00 noon 1:00 p.m. (New York City time) on the Required third (3rd) Business Day prior to the last day of a CP Tranche Period that the Borrower intends to reduce the aggregate principal amount of the CP Rate Loans outstanding, each of the Co-Agents and the Conduits shall be entitled to assume that the Borrower desires to refinance the principal and interest of each maturing CP Rate Loan on the last day of its CP Tranche Period with new CP Rate Loans having substantially similar CP Tranche Periods; provided, however, that the Borrower shall remain liable to pay in cash any portion of the principal or interest on the maturing CP Rate Loan when due to the extent that the applicable Conduit cannot issue Commercial Paper Notes or avail itself of a Liquidity Funding, in either case, in the precise amount necessary to refinance the maturing CP Rate Loan and the accrued and unpaid interest thereon. (e) Unless the Co-Agents shall have received written notice by 12:00 noon 1:00 p.m. (New York City time) on the third (3rd) Business Day prior to the last day of an Interest Period with respect to a LIBOR Loan that the Borrower intends to reduce the aggregate principal amount of the Eurodollar LIBOR Loans outstanding from the Liquidity Banks, each of the Liquidity Banks shall be entitled to assume that the Borrower desires to refinance its maturing Eurodollar LIBOR Loans on the last day of such Interest Period with Alternate Base Rate Loans.

Selection of CP Tranche Periods and Interest Periods. (a) Except upon the occurrence and during the continuance of an Event of Default or when Gotham is a Pool Funded ConduitDefault, the Borrower (or the Servicer, on the Borrower’s 's behalf) in its Borrowing Request may request CP Tranche Periods from time to time to apply to Gotham’s Atlantic's CP Rate Loans; providedPROVIDED, howeverHOWEVER, that (i) at any time while Gotham Atlantic has CP Rate Loans outstanding, at least one CP Tranche Period of Gotham Atlantic shall mature on each Settlement Date and (ii) no CP Tranche Period of Gotham Atlantic may extend beyond the latest Scheduled Termination Date of any Gotham Atlantic Liquidity Bank. In addition to the foregoing, except upon the occurrence and during the continuance of an Event of Default, the Borrower (or the Servicer, on the Borrower’s 's behalf) in its Borrowing Request may request Interest Periods from time to time to apply to the Eurodollar Loans; providedPROVIDED, howeverHOWEVER, that (x) at any time while any Lender has Eurodollar Loans outstanding, at least one Interest Period of such Lender shall mature on each Settlement Date and (y) no Interest Period of any Lender which began prior to its Scheduled Termination Date shall extend beyond such Scheduled Termination Date. (b) While the Gotham Atlantic Agent will use reasonable efforts to accommodate the Borrower’s 's or the Servicer’s 's requests for CP Tranche Periods except during the continuance of an Event of Default or when Gotham is acting as Pool Funded ConduitDefault, the Gotham Atlantic Agent shall have the right to subdivide any requested CP Rate Loan into one or more CP Rate Loans of different CP Tranche Periods, or, if the requested period is not feasible, to suggest an alternative CP Tranche Period. While each of the Co-Agents will use reasonable efforts to accommodate the Borrower’s 's or the Servicer’s 's requests for Interest Periods for Eurodollar Loans except during the continuance of an Event of Default, each of the Co-Agents shall have the right to subdivide any requested Eurodollar Loan into one or more Eurodollar Loans with different Interest Periods, or, if the requested period is not feasible, to suggest an alternative Interest Period. Notwithstanding the foregoing, not less than $1,000,000 of principal may be allocated to any CP Tranche Period or Interest Period of any Lender, and no Alternate Base Rate Loan may have a principal amount of less than $1,000,000. (c) The Borrower (or the Servicer, on the Borrower’s 's behalf) may not request an Interest Period for a Eurodollar Loan unless it shall have given each of the applicable Co-Agent(s) written notice of its desire therefor not later than 12:00 noon (New York City time) at least three (3) Business Days prior to the first day of the desired Interest Period. Accordingly, all Liquidity Fundings shall initially be Alternate Base Rate Loans. (d) Unless each both Co-Agent Agents shall have received written notice by 12:00 noon (New York City time) on the Required Day prior to the last day of a CP Tranche Period that the Borrower intends to reduce the aggregate principal amount of the CP Rate Loans outstanding, each of the Co-Agents and the Conduits shall be entitled to assume that the Borrower desires to refinance the principal and interest of each maturing CP Rate Loan on the last day of its CP Tranche Period with new CP Rate Loans having substantially similar CP Tranche Periods; providedPROVIDED, howeverHOWEVER, that the Borrower shall remain liable to pay in cash any portion of the principal or interest on the maturing CP Rate Loan when due to the extent that the applicable Conduit cannot issue Commercial Paper Notes or avail itself of a Liquidity Funding, in either case, in the precise amount necessary to refinance the maturing CP Rate Loan and the accrued and unpaid interest thereon. (e) Unless the Co-Agents shall have received written notice by 12:00 noon (New York City time) on the third (3rd) Business Day prior to the last day of an Interest Period that the Borrower intends to reduce the aggregate principal amount of the Eurodollar Loans outstanding from the Liquidity Banks, each of the Liquidity Banks shall be entitled to assume that the Borrower desires to refinance its maturing Eurodollar Loans on the last day of such Interest Period with Alternate Base Rate Loans.