Applicable Yield definition

Applicable Yield means, on any date on which any “Applicable Yield” is required to be calculated hereunder:

Applicable Yield means (a) for any Capital Investment (other than in respect of Swing Purchases), at the Seller’s election upon written notice to the Agent, given not later than 11:00 A.M. (New York time) on the third Business Day preceding (in the case of the Applicable LIBO Rate) or the Business Day of (in the case of the Applicable Base Rate) the applicable Investment Event, the Applicable LIBO Rate or the Applicable Base Rate, as the case may be and (b) for any Capital Investment in respect of a Swing Purchase, and for each other Obligation hereunder, the Applicable Base Rate.

Applicable Yield means (1) prior to June 15, 2011, 0% per annum, and (2) from and after June 15, 2011 and until June 14, 2034, a rate per annum equal to 3.50%.

Applicable Yield means (1) prior to December 1, 2006 0%, (2) unless a Remarketing Reset Event occurs, from and after December 1, 2006, for any Interest Period, a rate equal to 1.85% per annum, (3) if a Remarketing Reset Event occurs, unless the Company has elected pursuant to Section 16.02(b) that the Securities will bear cash interest, from and after such Remarketing Reset Event Date, for any Interest Period, the Reset Yield for such Interest Period and (4) if a Remarketing Reset Event has occurred and the Company has elected pursuant to Section 16.02(b) to have the Securities bear cash interest, 0% from and including the applicable Remarketing Reset Date to but excluding the next succeeding Remarketing Reset Date; provided that in no event shall the Applicable Yield be less than 0%.

Applicable Yield means for any Capital Investment, at the Seller’s election upon written notice to the Agent, given not later than 1:00 P.M. (New York time) on the third Business Day preceding (in the case of the Applicable LIBO Rate) or 12:00 P.M. (New York time) on the Business Day of (in the case of the Applicable Base Rate) the applicable Investment Event, the Applicable LIBO Rate or the Applicable Base Rate, as the case may be.

Applicable Yield means (a) for any Capital Investment (other than Swing Purchases), at the Seller’s election upon written notice to the Agent, given not later than 11:00 A.M. (New York time) on the third Business Day prior to the date on which such Capital Investment is to be paid (in the case of the Applicable LIBO Rate) or the Business Day prior to the date on which such Capital Investment is to be paid (in the case of the Applicable Base Rate), either the Applicable LIBO Rate or the Applicable Base Rate, and (b) for any Capital Investment that is a Swing Purchase, and for each other obligation hereunder, the Applicable Base Rate.

Applicable Yield means (a) for any Purchase, at the Seller’s election upon written notice to the Administrative Agent, given not later than 1:00 p.m. (California time) on the third Business Day preceding the Business Day of such Purchase (or the third Business Day preceding the expiration of a prior Yield Period), the LIBOR Rate and (b) for any other Purchase (or expiring Yield Period), and for each other Obligation hereunder (unless otherwise specified), the Alternate Base Rate.

Applicable Yield means a constant that derives the level monthly payment required to amortize a fixed rate mortgage loan at a stated interest rate over a specified number of years, expressed as a percentage of the original principal amount, multiplied by 1.06. The interest rate to be used shall be based on the lowest and best quotes (indicative interest, not binding commitments) of three (3) reputable, nationally recognized insurance companies who are then actively in the lending market (or other capable institutional lenders if needed to obtain a total of three quotes) for a mortgage loan on a commercial warehouse facility of similar value as the Building Addition, with Landlord as the owner and Tenant as the lessee and assuming an eighty percent (80%) loan to total value ratio. For an Extension Term of ten (10) years, a fifteen (15) year amortization period shall be used, and for an Extension Term of fifteen (15) years, a twenty (20) year amortization period shall be used. In either case, the quotes shall be as of the applicable Building Addition Commencement Date. The term “Improvement Costs” shall be the sum of all reasonable hard and soft costs and expenses incurred by Landlord with respect to the design, permitting, construction and development of such Building Addition, which shall include, without limitation, any and all construction fees and costs relative to obtaining any and all permits, other entitlements or third party consents necessary or required in connection with the design, construction and development of such Building Addition, costs for building shell, tenant improvements, landscaping, architectural, contractor, attorney and engineering fees, actual construction financing fees and costs and interest expense on the hard and soft construction and development costs, and any and all other out-of-pocket fees, costs and expenses actually incurred by Landlord in connection with the construction of such Building Addition, but not including any land acquisition costs associated with such Building Addition or any internal accounting, management, administrative or other overhead expenses of Landlord except as otherwise provided above. Each Building Addition shall be constructed on an open book basis, with Landlord making available to Tenant all books, records, contracts and accounts pertaining to the construction of each Building Addition.

Applicable Yield means (1) prior to July 25, 2007, 0%, (2) unless a Remarketing Reset Event occurs, from and after July 25, 2007, for any Interest Period, a rate equal to 3-Month LIBOR determined on the LIBOR Determination Date relating to the LIBOR Reset Date for such Interest Period, minus .05% and (3) if a Remarketing Reset Event occurs, from and after such Remarketing Reset Event Date, for any Interest Period, the Reset Yield for such Interest Period; provided that in no event shall the Applicable Yield be less than 0%.