Common use of Selection of Fixed Periods Clause in Contracts

Selection of Fixed Periods. Each Advance shall at all times have an associated amount of principal, a Yield Rate and a Fixed Period applicable to it. The Deal Agent shall, in consultation with the Borrower, select (a) each Fixed Period and (b) Yield Rates to apply to such Advance for such Fixed Periods and shall allocate a portion of the aggregate outstanding principal amount of the Advance to each selected Fixed Period, so that all of the outstanding principal amount of the Advance is at all times allocated to one or more Fixed Periods, provided that, ------------- on or after the Commitment Termination Date, the Deal Agent shall, in its sole discretion, select each such Fixed Period and such Yield Rates to apply to such Advance for such Fixed Periods. Each Fixed Period (other than the initial Fixed Period for an Advance) shall commence on the last day of the immediately preceding Fixed Period. Any Fixed Period that would otherwise end on a day that is not a Business Day shall be extended to the next succeeding Business Day; provided, however, that if Daily Yield in respect of such Fixed Period is -------- ------- computed by reference to the Adjusted Eurodollar Rate, and such next succeeding Business Day is in the next calendar month, then such Fixed Period shall end on the next preceding Business Day. In addition, whenever any Fixed Period as to which Daily Yield accrues at the Adjusted Eurodollar Rate commences on the last Business Day in a month or on a day for which there is no numerically corresponding day in the month in which such Fixed Period ends, the last day of such Fixed Period shall occur on the last Business Day of the month in which such Fixed Period ends. Furthermore, if a CP Disruption Event shall have occurred and be continuing, the relevant Lender, or the Deal Agent on its behalf, may, upon notice to the Borrower, terminate any Fixed Period then in effect if such Lender has funded the principal amount of the Advance allocated to such Fixed Period by issuing its commercial paper notes. Any Fixed Period that commences before the Commitment Termination Date and that would otherwise end on a date occurring after the Termination Date shall end on the Commitment Termination Date.

Selection of Fixed Periods. Each Advance shall at all times have an associated amount of principalPromptly upon receiving each Sale Notice, a Yield Rate and a Fixed Period applicable to it. The Deal the Administrative Agent shall, in consultation with following its review of the BorrowerSeller's proposal, select (a) each Fixed Period and (b) Yield Rates to apply to such Advance for such Fixed Periods and shall allocate a portion of the aggregate outstanding principal amount of the Advance to each selected Fixed Period, for all Capital so that all of the outstanding principal amount of the Advance Capital is at all times allocated to one or more a Fixed Periods, provided that, ------------- on or after Period (it being understood that if the Commitment Termination DateSeller does not propose a specific Fixed Period, the Deal Administrative Agent shall, in its sole discretion, shall select each such Fixed Period and such Yield Rates to apply to such Advance for such Fixed Periodsin its discretion). Each Fixed Period (other than the The initial Fixed Period for an Advanceany Capital shall be specified in the Sale Notice described in SUBSECTION (A) hereof. At least one Business Day prior to the last day of each Fixed Period for any Capital allocated to such Fixed Period, the Seller shall commence on request new Fixed Periods for such Capital; PROVIDED that, in the case of any Fixed Period for Capital for which Yield is to be determined by reference to the Eurodollar Rate, such request shall be given not later than 10:00 A.M. (New York City time) at least three (3) Business Days prior to the last day of the immediately preceding relevant Fixed Period. Any The Administrative Agent shall, on the date of any Receivables Purchase hereunder and, so long as any Capital related to such Receivables Purchase is outstanding, on the first day of each successive Fixed Period that would otherwise end on a day that is not a Business Day shall for such Capital, notify the Collateral Agent and the Seller of the duration of the relevant Fixed Period and the Yield which will be extended applicable to the next succeeding Business Day; provided, however, that if Daily Yield in respect of Capital during such Fixed Period is -------- ------- computed by reference to the Adjusted Eurodollar Rate, and such next succeeding Business Day is in the next calendar month, then such Fixed Period shall end on the next preceding Business Day. In addition, whenever any Fixed Period as to which Daily Yield accrues at the Adjusted Eurodollar Rate commences on the last Business Day in a month or on a day for which there is no numerically corresponding day in the month in which such Fixed Period ends, the last day of such Fixed Period shall occur on the last Business Day of the month in which such Fixed Period ends. Furthermore, if a CP Disruption Event shall have occurred and be continuing, the relevant Lender, or the Deal Agent on its behalf, may, upon notice to the Borrower, terminate any Fixed Period then in effect if such Lender has funded the principal amount of the Advance allocated to such Fixed Period by issuing its commercial paper notesPeriod. Any Fixed Period that commences before the Commitment Termination Date and that would otherwise end on a date occurring after the Termination Date shall end on the Commitment Termination DateDate and the duration of any Fixed Period that commences on or after the Termination Date shall be of such duration as shall be selected by the Administrative Agent. In addition, if a CP Disruption shall have occurred and be continuing, Triple-A, or the Administrative Agent on its behalf, may, upon notice to the Originator and the Seller, terminate any Fixed Period then in effect if Triple-A has funded the Capital allocated to such Fixed Period by issuing Commercial Paper. All outstanding Capital shall be assigned a Fixed Period at all times, which Fixed Periods will be limited as set forth in the definition thereof.

Selection of Fixed Periods. Each Advance (i) All Capital which is not allocated to a CP Tranche shall at all times have an associated amount of principal, a Yield Rate and be allocated to a Fixed Period of one month and Yield thereon shall be calculated by reference to the Eurodollar Rate; provided, however, that (x) if it shall become unlawful for any Purchaser or Liquidity Bank to obtain funds in the interbank eurodollar market in order to make, fund or maintain any investment in Capital hereunder, or (y) there shall not be time prior to the commencement of the applicable Fixed Period to itdetermine a Eurodollar Rate or (z) the Seller, with the consent of the Collateral Agent and the applicable Managing Agent, requests a Fixed Period of less than one month, then such Capital shall be allocated to a Fixed Period of from one to thirty days and Yield thereon shall accrue at the Base Rate. In the event that a circumstance described in clause (x) above makes it unlawful for any Purchaser or Liquidity Bank to maintain any investment in Capital hereunder through the interbank eurodollar market, upon five Business Days’ written notice to the Seller from the Managing Agent for the affected Purchaser, the Managing Agent may terminate the Fixed Periods for all Eurodollar Rate Tranches of such Purchaser then outstanding and convert such Eurodollar Rate Tranches into Base Rate Tranches. The Deal term of any Fixed Period described in this paragraph shall, except in the case of a Fixed Period requested by the Seller pursuant to clause (z) above, be selected by the applicable Purchaser’s Managing Agent with the consent of the Collateral Agent. (ii) With respect to Capital to be allocated to a CP Tranche, each Managing Agent shall, promptly upon receiving each Sale Notice, following its review of the Seller’s proposal, to the extent that the Seller has not done so in consultation with the Borrowersuch Sale Notice, select (a) each Fixed Period and (b) Yield Rates to apply to such Advance for such Fixed Periods and shall allocate a portion of for all Capital to be funded by the aggregate outstanding principal amount of the Advance to each selected Fixed Period, Purchasers in such Managing Agent’s Purchaser Group so that all of the outstanding principal amount of the Advance Capital is at all times allocated to one a Fixed Period(s) with respect to such Capital (or more any such non-allocated portion thereof) (it being understood that if the Seller does not propose a specific Fixed Periods, provided that, ------------- Period for all Capital to be funded on or after the Commitment Termination any Receivables Purchase Date, the Deal Agent shallapplicable Managing Agents, in its sole discretionsubject to the provisions of this Section 2.02(c), shall select each such Fixed Period and such Yield Rates to apply Period(s) with respect to such Advance for Capital (or any such Fixed Periods. Each Fixed Period non-allocated portion thereof) in their discretion). (other than the iii) The initial Fixed Period for an Advanceany Capital shall be specified in the Sale Notice described in subsection (a) shall commence hereof. Not later than 10:00 A.M. (New York City time) on the Business Day prior to the last day of the immediately preceding Fixed Period. Any each Fixed Period that would otherwise end on a day that is not a Business Day shall be extended to the next succeeding Business Day; provided, however, that if Daily Yield in respect of such Fixed Period is -------- ------- computed by reference to the Adjusted Eurodollar Rate, and such next succeeding Business Day is in the next calendar month, then such Fixed Period shall end on the next preceding Business Day. In addition, whenever for any Fixed Period as to which Daily Yield accrues at the Adjusted Eurodollar Rate commences on the last Business Day in a month or on a day for which there is no numerically corresponding day in the month in which such Fixed Period ends, the last day of such Fixed Period shall occur on the last Business Day of the month in which such Fixed Period ends. Furthermore, if a CP Disruption Event shall have occurred and be continuing, the relevant Lender, or the Deal Agent on its behalf, may, upon notice to the Borrower, terminate any Fixed Period then in effect if such Lender has funded the principal amount of the Advance Capital allocated to such Fixed Period by issuing its commercial paper notes. Any Period, the Seller shall request new Fixed Period that commences before the Commitment Termination Date and that would otherwise end on a date occurring after the Termination Date shall end on the Commitment Termination Date.Periods for such

Selection of Fixed Periods. Each Advance shall at all times have an associated amount of principal, a Yield Rate and a Fixed Period applicable to it. The Deal Agent shall, in consultation with the Borrower, select (a) each Fixed Period At all times until the earlier to occur of the Early Amortization Commencement Date and (b) Yield Rates the Facility Maturity Date, the Borrower shall, subject to apply to such Advance for such the Agent's and the Lender's approval and the limitations described below, request Fixed Periods and shall allocate allocations of a portion of the aggregate outstanding principal amount of the Advance Loans to each selected Fixed Period, so that all of the such outstanding principal amount of the Advance is Loans are at all times allocated to one or more Fixed Periods, provided that, ------------- on or after the Commitment Termination Date. Subject to Section 2.04(c), the Deal Agent shall, in its sole discretion, select each such Fixed Period and such Yield Rates Rate to apply to such Advance for such Fixed Periodsall Loans outstanding shall be the CP Rate. Each Fixed Period (other than the The requested initial Fixed Period for an Advance) applicable to any new Loan arising as a result of a Borrowing shall be requested in the Notice of Borrowing which shall be delivered in connection with the applicable Subsequent Borrowing. Subject to the next sentence of this Section 2.04, each CP Rollover Fixed Period shall commence on the last day of the immediately preceding Fixed Period, and the duration of such CP Rollover Fixed Period shall be such as the Borrower shall request in a Commercial Paper Remittance Report and the Agent shall approve; provided that such Commercial Paper Remittance Report was received by the Agent not later than 12:30 P.M. (New York City time) on a day at least one Business Day prior to such last day, except that if the Agent shall not have received such report before 12:30 P.M. on such day or the Agent and the Borrower shall not have so mutually agreed before 2:00 P.M. (New York City time) on such day, such CP Rollover Fixed Period shall be one day and the applicable Yield Rate shall be the CP Rate; provided that, notwithstanding the foregoing, upon the occurrence of any Early Amortization Event, the applicable Yield Rate for all Fixed Periods in effect at the time of such occurrence shall convert to, and for all Fixed Periods that come into effect thereafter (but prior to the occurrence of any Event of Default) shall be, the Early Amortization Funding Rate and provided further that, notwithstanding the foregoing, upon the occurrence and during the continuance of any Event of Default, the Lender shall cease to issue commercial paper notes to fund and maintain Loans hereunder and the applicable Yield Rate for all Fixed Periods in effect at the time of such occurrence shall convert to, and for all Fixed Periods that come into effect during the continuance of any Event of Default shall be, the Default Funding Rate. Any Fixed Period that (other than a Fixed Period with respect to Loans which accrue Yield at the Non-CP Rate) which would otherwise end on a day that which is not a Business Day shall be extended to the next succeeding Business Day; provided, however, that if Daily Yield in respect of such Fixed Period is -------- ------- computed by reference to the Adjusted Eurodollar Rate, and such next succeeding Business Day is in the next calendar month, then such Fixed Period shall end on the next preceding Business Day. In addition, whenever any Fixed Period as to which Daily Yield accrues at the Adjusted Eurodollar Rate commences on the last Business Day in a month or on a day for which there is no numerically corresponding day in the month in which such Fixed Period ends, the last day of such Fixed Period shall occur on the last Business Day of the month in which such Fixed Period ends. Furthermore, if a CP Disruption Event shall have occurred and be continuing, the relevant Lender, or the Deal Agent on its behalf, may, upon notice to the Borrower, terminate any Fixed Period then in effect if such Lender has funded the principal amount of the Advance allocated to such Fixed Period by issuing its commercial paper notes. Any Fixed Period that which commences before the Commitment Termination Early Amortization Commencement Date and that would otherwise end on a date occurring after the Termination Early Amortization Commencement Date shall end on the Commitment Termination Early Amortization Commencement Date. On and after the Early Amortization Commencement Date, the Agent shall have the right to allocate outstanding Loans, if any, to Fixed Periods of such duration as shall be selected by the Agent. The Lender shall, on the first day of each Fixed Period with respect to Loans which accrue Yield at the CP Rate, notify the Agent of the Yield Rate for such Loans. (b) References herein to Loans which accrue Yield at the Non-CP Rate being allocated to a Fixed Period shall mean all such Loans that are outstanding during such Fixed Period or a portion thereof. (c) So long as no Event of Default or Early Amortization Event or event or circumstance which, with the giving of notice or the passage of time, or both, would constitute an Event of Default or Early Amortization Event shall have occurred and be continuing, each of the Lender and the Agent shall make reasonable efforts to allow Loans to accrue Yield at the CP Rate; provided that neither the Lender nor the Agent shall have any obligation to allow Loans to accrue Yield at the CP Rate upon the occurrence of a CP Disruption Event.

Selection of Fixed Periods. Each Advance Asset Interest shall at all times have an associated amount of principalCapital, a Yield Rate and a Fixed Period applicable to it. The At all times hereafter until the Termination Date, the Deal Agent shall, in after consultation with the BorrowerPurchasers, select (a) Fixed Periods and allocate a portion of the outstanding Capital to each selected Fixed Period, so that the outstanding Capital is at all times allocated to a Fixed Period and (b) Yield Rates to apply to such Advance for such Fixed Periods and shall allocate a portion of the aggregate outstanding principal amount of the Advance to each selected Fixed Period, so that all of the outstanding principal amount of the Advance is at all times allocated to one or more Fixed Periods, provided that, ------------- on or after the Commitment Termination Date, the Deal Agent shall, in its sole discretion, select each such Fixed Period and such Yield Rates to apply to such Advance Capital for such Fixed Periods. Each subsequent Fixed Period (other than the initial Fixed Period for an Advance) shall commence on the last day of the immediately preceding Fixed Period, and the duration of and Yield Rate applicable to such subsequent Fixed Period shall be such as the Deal Agent shall, after consultation with the Purchasers, select. Any Fixed Period that which would otherwise end on a day that which is not a Business Day shall be extended to the next succeeding Business Day; provided, however, that -------- ------- if Daily Yield in respect of such Fixed Period is -------- ------- computed by reference to the Adjusted Eurodollar Rate, and such next succeeding Business Day is in the next calendar month, then such Fixed Period shall end on the next preceding Business Day. In addition, whenever any Fixed Period as to which Daily Yield accrues at the Adjusted Eurodollar Rate commences on the last Business Day in a month or on a day for which there is no numerically corresponding day in the month in which such Fixed Period ends, the last day of such Fixed Period shall occur on the last Business Day of the month in which such Fixed Period ends. Furthermore, if a CP Disruption Event shall have occurred and be continuing, the relevant LenderPurchaser, or the Deal Agent on its behalf, may, upon notice to the BorrowerSeller, terminate any Fixed Period then in effect if such Lender Purchaser has funded the principal amount of the Advance Capital allocated to such Fixed Period by issuing its commercial paper notes. Any Fixed Period that which commences before the Commitment Termination Date and that would otherwise end on a date occurring after the Termination Date shall end on the Commitment Termination Date. On or after the Termination Date, the Deal Agent shall have the right to allocate outstanding Capital to Fixed Periods of such duration as shall be selected by the Deal Agent. The relevant Purchaser shall, on the first day of each Fixed Period, notify the Deal Agent of the Yield Rate for the Capital allocated to such Fixed Period. The initial Yield Rate for any Asset Interest transferred to the Investors pursuant to Section 2.1 or 2.2 shall be the Base Rate.

Selection of Fixed Periods. Each Advance shall at all times have an associated amount of principalPromptly upon receiving each Sale Notice, a Yield Rate and a Fixed Period applicable to it. The Deal the Administrative Agent shall, in consultation with following its review of the BorrowerSeller's proposal, select (a) each Fixed Period and (b) Yield Rates to apply to such Advance for such Fixed Periods and shall allocate a portion of the aggregate outstanding principal amount of the Advance to each selected Fixed Period, for all Capital so that all of the outstanding principal amount of the Advance Capital is at all times allocated to one or more a Fixed Periods, provided that, ------------- on or after Period (it being understood that if the Commitment Termination DateSeller does not propose a specific Fixed Period, the Deal Administrative Agent shall, in its sole discretion, shall select each such Fixed Period and such Yield Rates to apply to such Advance for such Fixed Periodsin its discretion). Each Fixed Period (other than the The initial Fixed Period for an Advanceany Capital shall be specified in the Sale Notice described in subsection (a) hereof. At least one Business Day prior to the last day of each Fixed Period for any Capital allocated to such Fixed Period, the Seller shall commence on request new Fixed Periods for such Capital; provided that, in the case of any Fixed Period for Capital for which Yield is to be determined by reference to the Eurodollar Rate, such request shall be given not later than 10:00 A.M. (New York City time) at least three (3) Business Days prior to the last day of the immediately preceding relevant Fixed Period. Any The Administrative Agent shall, on the date of any Receivables Purchase hereunder and, so long as any Capital related to such Receivables Purchase is outstanding, on the first day of each successive Fixed Period that would otherwise end on a day that is not a Business Day shall for such Capital, notify the Collateral Agent and the Seller of the duration of the relevant Fixed Period and the Yield which will be extended applicable to the next succeeding Business Day; provided, however, that if Daily Yield in respect of Capital during such Fixed Period is -------- ------- computed by reference to the Adjusted Eurodollar Rate, and such next succeeding Business Day is in the next calendar month, then such Fixed Period shall end on the next preceding Business Day. In addition, whenever any Fixed Period as to which Daily Yield accrues at the Adjusted Eurodollar Rate commences on the last Business Day in a month or on a day for which there is no numerically corresponding day in the month in which such Fixed Period ends, the last day of such Fixed Period shall occur on the last Business Day of the month in which such Fixed Period ends. Furthermore, if a CP Disruption Event shall have occurred and be continuing, the relevant Lender, or the Deal Agent on its behalf, may, upon notice to the Borrower, terminate any Fixed Period then in effect if such Lender has funded the principal amount of the Advance allocated to such Fixed Period by issuing its commercial paper notesPeriod. Any Fixed Period that commences before the Commitment Termination Date and that would otherwise end on a date occurring after the Termination Date shall end on the Commitment Termination DateDate and the duration of any Fixed Period that commences on or after the Termination Date shall be of such duration as shall be selected by the Administrative Agent. In addition, if a CP Disruption shall have occurred and be continuing, Triple-A, or the Administrative Agent on its behalf, may, upon notice to the Originator and the Seller, terminate any Fixed Period then in effect if Triple-A has funded the Capital allocated to such Fixed Period by issuing Commercial Paper. All outstanding Capital shall be assigned a Fixed Period at all times, which Fixed Periods will be limited as set forth in the definition thereof.

Selection of Fixed Periods. Each Advance shall at all times have an associated amount of principalPromptly upon receiving each Sale Notice, a Yield Rate and a Fixed Period applicable to it. The Deal the Administrative Agent shall, in consultation with following its review of the BorrowerSeller's proposal, select (a) each Fixed Period and (b) Yield Rates to apply to such Advance for such Fixed Periods and shall allocate a portion of the aggregate outstanding principal amount of the Advance to each selected Fixed Period, for all Capital so that all of the outstanding principal amount of the Advance Capital is at all times allocated to one or more a Fixed Periods, provided that, ------------- on or after Period (it being understood that if the Commitment Termination DateSeller does not propose a specific Fixed Period, the Deal Administrative Agent shall, in its sole discretion, shall select each such Fixed Period and such Yield Rates to apply to such Advance for such Fixed Periodsin its discretion). Each Fixed Period (other than the The initial Fixed Period for an Advanceany Capital shall be specified in the Sale Notice described in SUBSECTION (a) hereof. At least one Business Day prior to the last day of each Fixed Period for any Capital allocated to such Fixed Period, the Seller shall commence on request new Fixed Periods for such Capital; PROVIDED that, in the case of any Fixed Period for Capital for which Yield is to be determined by reference to the Eurodollar Rate, such request shall be given not later than 10:00 A.M. (New York City time) at least three (3) Business Days prior to the last day of the immediately preceding relevant Fixed Period. Any The Administrative Agent shall, on the date of any Receivables Purchase hereunder and, so long as any Capital related to such Receivables Purchase is outstanding, on the first day of each successive Fixed Period that would otherwise end on a day that is not a Business Day shall for such Capital, notify the Collateral Agent and the Seller of the duration of the relevant Fixed Period and the Yield which will be extended applicable to the next succeeding Business Day; provided, however, that if Daily Yield in respect of Capital during such Fixed Period is -------- ------- computed by reference to the Adjusted Eurodollar Rate, and such next succeeding Business Day is in the next calendar month, then such Fixed Period shall end on the next preceding Business Day. In addition, whenever any Fixed Period as to which Daily Yield accrues at the Adjusted Eurodollar Rate commences on the last Business Day in a month or on a day for which there is no numerically corresponding day in the month in which such Fixed Period ends, the last day of such Fixed Period shall occur on the last Business Day of the month in which such Fixed Period ends. Furthermore, if a CP Disruption Event shall have occurred and be continuing, the relevant Lender, or the Deal Agent on its behalf, may, upon notice to the Borrower, terminate any Fixed Period then in effect if such Lender has funded the principal amount of the Advance allocated to such Fixed Period by issuing its commercial paper notesPeriod. Any Fixed Period that commences before the Commitment Termination Date and that would otherwise end on a date occurring after the Termination Date shall end on the Commitment Termination DateDate and the duration of any Fixed Period that commences on or after the Termination Date shall be of such duration as shall be selected by the Administrative Agent. In addition, if a CP Disruption shall have occurred and be continuing, Triple-A, or the Administrative Agent on its behalf, may, upon notice to the Originator and the Seller, terminate any Fixed Period then in effect if Triple-A has funded the Capital allocated to such Fixed Period by issuing Commercial Paper. All outstanding Capital shall be assigned a Fixed Period at all times, which Fixed Periods will be limited as set forth in the definition thereof.

Selection of Fixed Periods. Each Advance shall At all times hereafter until the Termination Date, the Borrower shall, subject to the Agent's and the Lender's approval and the limitations described below, select (a) Fixed Periods and allocate a portion of the outstanding Loans to each selected Fixed Period, so that the outstanding Loans are at all times have an associated amount of principal, a Yield Rate and a allocated to one or more Fixed Period applicable to it. The Deal Agent shall, in consultation with the Borrower, select (a) each Fixed Period Periods and (b) Yield Rates to apply to such Advance for such Fixed Periods and shall allocate a portion of the aggregate outstanding principal amount of the Advance to each selected Fixed Period, so that all of the outstanding principal amount of the Advance is at all times allocated to one or more Fixed Periods, provided that, ------------- on or after the Commitment Termination Date, the Deal Agent shall, in its sole discretion, select each such Fixed Period and such Yield Rates to apply to such Advance Loans for such Fixed Periods. The initial Fixed Period(s) and Yield Rate(s) applicable to the Loans arising as a result of the initial Borrowing shall be specified in the notice relating to the Borrowing described in Section 2.02(b). Each subsequent Fixed Period (other than the initial Fixed Period for an Advance) shall commence on the last day of the immediately preceding Fixed Period, and the duration of and Yield Rate applicable to such subsequent Fixed Period shall be such as the Borrower shall select and the Agent shall approve on notice from the Borrower received by the Agent (including notice by telephone, confirmed in writing) not later than 12:30 P.M. (New York City time) on such last day, except that if the Agent shall not have received such notice before 12:30 P.M. or the Agent and the Borrower shall not have so mutually agreed before 2:00 P.M. (New York City time) on such last day, such Fixed Period shall be one day and the applicable Yield Rate shall be the Alternative Rate, until the Agent receives notice from the Borrower requesting a Fixed Period and applicable Yield Rate, which, if accepted by the Agent, shall be the Fixed Period and the applicable Yield Rate; provided, that, notwithstanding the foregoing, on and after the occurrence of any Event of Default (unless waived in accordance with the terms and conditions hereof), the Lender shall cease to issue commercial paper notes to fund and maintain Loans hereunder and the applicable Yield Rate shall be the Alternative Rate. Any Fixed Period that which would otherwise end on a day that which is not a Business Day shall be extended to the next succeeding Business Day; provided, however, that if Daily Yield in respect of such Fixed Period is -------- ------- computed by reference to the Adjusted Eurodollar Rate, and such next succeeding Business Day is in the next calendar month, then such Fixed Period shall end on the next preceding Business Day. In addition, whenever any Fixed Period as to which Daily Yield accrues at the Adjusted Eurodollar Rate commences on the last Business Day in a month or on a day for which there is no numerically corresponding day in the month in which such Fixed Period ends, the last day of such Fixed Period shall occur on the last Business Day of the month in which such Fixed Period ends. Furthermore, if a CP Disruption Event shall have occurred and be continuing, the relevant Lender, or the Deal Agent on its behalf, may, upon notice to the Borrower, terminate any Fixed Period then in effect if such Lender has funded the principal amount of the Advance allocated to such Fixed Period by issuing its commercial paper notes. Any Fixed Period that which commences before the Commitment Termination Date and that would otherwise end on a date occurring after the Termination Date shall end on the Commitment Termination Date. On or after the Termination Date, the Agent shall have the right to allocate outstanding Loans to Fixed Periods of such duration as shall be selected by the Agent. The Lender shall, on the first day of each Fixed Period, notify the Agent of the Yield Rate for the Loans allocated to such Fixed Period.