Common use of Yield Allocations; Selection of Fixed Periods, etc Clause in Contracts

Yield Allocations; Selection of Fixed Periods, etc. (a) The Agent, from time to time in its sole discretion exercised in good faith, shall determine after consultation with each Noncommitted Lender whether Yield in respect of the Advances then outstanding, or any portion thereof, shall be calculated by reference to such Lender's Commercial Paper Rate (such portion being herein called a "CP Allocation") or the Bank Rate (such portion being herein called a "Bank Rate Allocation", and together with a CP Allocation individually called an "Allocation", and collectively, "Allocations"); provided, however, that the Agent may determine, at any time and in its sole discretion exercised in good faith, that the Commercial Paper Rate is unavailable or otherwise not desirable, in which case the Advances will be allocated to a Bank Rate Allocation (unless the Default Rate is in effect). The Agent shall provide the Borrower with reasonably prompt notice of the Allocations made by it pursuant to this Section 3.3(a). (b) The Agent, in its sole discretion exercised in good faith after consultation with each Noncommitted Lender and the Borrower, shall select the duration of the initial and each subsequent Fixed Period relating to each Advance, provided that any Fixed Period selected by the Agent applicable to an Advance owing to a Noncommitted Lender shall have been approved (in writing or by telephone promptly confirmed in writing) by such Lender. In selecting such Fixed Period, the Agent shall use reasonable efforts, taking into consideration market conditions, to accommodate the Borrower's preferences; provided, however, that the Agent shall have the ultimate authority to make all such selections. Unless consented to or directed by the Agent, the aggregate number of Fixed Periods for all Advances outstanding at any one time hereunder shall not exceed 20, it being understood that if necessary to match the funding requirement of a Noncommitted Lender, any Advance may be divided into portions having different Fixed Periods.

Yield Allocations; Selection of Fixed Periods, etc. (a) The AgentAgent shall, from time to time and in its sole discretion exercised in good faith, shall determine after consultation with each Noncommitted Lender whether Yield in respect of the Advances then outstanding, or any portion thereof, shall be calculated by reference to such Lender's the Commercial Paper Rate (such portion being herein called a "CP Allocation") or the Bank Rate (such portion being herein called a "Bank Rate Allocation", and together with a CP Allocation individually called an "Allocation", and collectively, "Allocations"); provided, however, that the Agent may determine, at any time and in its sole discretion exercised in good faith, that the Commercial Paper Rate is unavailable or otherwise not desirable, in which case the Advances will be allocated to a Bank Rate Allocation (unless the Default Rate is in effect). The Agent shall provide the Borrower with reasonably prompt notice of the Allocations made by it pursuant to this Section 3.3(a). (b) The Agent, in its sole discretion exercised in good faith after consultation with each Noncommitted Lender and the Borrower, shall select the duration of the initial and each subsequent Fixed Period relating to each Advance, provided that any Fixed Period selected by the Agent applicable to an Advance owing to a Noncommitted Lender shall have been approved (in writing or by telephone promptly confirmed in writing) by such Lender. In selecting such Fixed Period, the Agent shall use reasonable efforts, taking into consideration market conditions, to accommodate the Borrower's preferences; provided, however, that the Agent shall have the ultimate authority to make all such selections. Unless consented to or directed by the Agent, the aggregate number of Fixed Periods for all Advances outstanding at any one time hereunder shall not exceed 2012, it being understood that if necessary to match the funding requirement of a Noncommitted LenderAlpine, any Advance may be divided into portions having different Fixed Periods.

Yield Allocations; Selection of Fixed Periods, etc. (a) The AgentAgent shall, from time to time time, in its sole discretion exercised in good faith, shall determine after consultation with each Noncommitted Lender whether Yield in respect of the Advances then outstanding, or any portion thereof, shall be calculated by reference to such Lender's the Commercial Paper Rate (such portion being herein called a "CP AllocationALLOCATION") or the Bank Rate (such portion being herein called a "Bank Rate AllocationBANK RATE ALLOCATION", and together with a CP Allocation individually called an "AllocationALLOCATION", and collectively, "AllocationsALLOCATIONS"); providedPROVIDED, howeverHOWEVER, that the Agent may determine, at any time and in its sole discretion exercised in good faith, that the Commercial Paper Rate is unavailable or otherwise not desirable, in which case the Advances will be allocated to a Bank Rate Allocation (unless the Default Rate is in effect). The Agent shall provide the Borrower with reasonably prompt notice of the Allocations made by it pursuant to this Section SECTION 3.3(a). (b) The Agent, in its sole discretion exercised in good faith after consultation with each Noncommitted Lender and the Borrower, shall select the duration of the initial and each subsequent Fixed Period relating to each Advance, provided that any Fixed Period selected by the Agent applicable to an Advance owing to a Noncommitted Lender shall have been approved (in writing or by telephone promptly confirmed in writing) by such Lender. In selecting such Fixed Period, the Agent shall use reasonable efforts, taking into consideration market conditions, to accommodate the Borrower's preferences; providedPROVIDED, howeverHOWEVER, that the Agent shall have the ultimate authority to make all such selections. Unless consented to or directed by the Agent, the aggregate number of Fixed Periods for all Advances outstanding at any one time hereunder shall not exceed 2025, it being understood that if necessary to match the funding requirement of a the Noncommitted Lender, any Advance may be divided into portions having different Fixed Periods.