Common use of Increase in Interest Rate Clause in Contracts

Increase in Interest Rate. In the event that (i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 135th calendar day following the date hereof, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 180th calendar day following the date hereof, (iii) the Exchange Offer is not consummated on or prior to the 45th calendar day following the effective date of the Exchange Offer Registration Statement, or (iv) if required, a Shelf Registration Statement with respect to the Registrable Debentures is not declared effective on or prior to the 210th calendar day following the date hereof, the per annum interest rate borne by the Registrable Debentures shall be increased by one-quarter of one percent (0.25%) per annum following such 135- day period in the case of clause (i) above, following such 180-day period in the case of clause (ii) above, following such 45-day period in the case of clause (iii) above, or following such 210-day period in the case of (iv) above, which rate will be increased by an additional quarter of one percent (0.25%) per annum for each 90-day period that any additional interest continues to accrue; provided that the aggregate increase in such annual interest rate may in no event exceed one-half of one percent (0.50%) per annum. Upon (w) the filing of the Exchange Offer Registration Statement after the 135-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 180-day period described in clause (ii) above, (y) the consummation of the Exchange Offer after the 45-day period described in clause (iii) above, or (z) the effectiveness of a Shelf Registration Statement, after the 210-day period described in clause (iv) above, the interest rate borne by the Debentures from the date of such filing, effectiveness or consummation, as the case may be, shall be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clause (i), (ii), (iii) or (iv) above occurs, the interest rate shall again be increased pursuant to the foregoing provisions. No increase in the rate under (i), (ii) or (iii) above shall be payable for any period during which a Shelf Registration is effective.

Increase in Interest Rate. In (a) With respect to the event that Series A Notes, if (i) the an Exchange Offer Registration Statement is not filed with the SEC Commission on or prior to the 135th calendar 75th day following the date hereofIssue Date of the Series A Notes (the “Registration Issue Date”), (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 180th calendar 150th day following the date hereofRegistration Issue Date, (iii) the Exchange Offer is not consummated on or prior to the 45th calendar 180th day following the effective date of the Exchange Offer Registration Statement, Issue Date or (iv) if required, the law or applicable interpretations of the Commission prohibit a Shelf Registration Statement with respect Holder of Series A Notes from participating in the Exchange Offer or if such Holder does not receive a freely tradeable Exchange Note pursuant to the Registrable Debentures Exchange Offer or if for any reason the Exchange Offer is not consummated within 180 days of the Registration Issue Date and if by 180 days after the Registration Issue Date a registration statement in connection with the Resale Registration is not declared effective on or prior thereafter ceases to be effective or usable, then the 210th calendar day following the date hereof, the per annum interest rate borne by the Registrable Debentures Transfer Restricted Notes shall automatically be increased by one-quarter of one percent (0.25%) 50 basis points per annum from and including the 151st day following such 135- the Registration Issue Date in the case of (i) and (ii) above, from and including the 181st day period following the Registration Issue Date in the case of (iii) above or, solely with respect to Series A Notes which could not be exchanged as set forth above and Exchange Notes that are not freely tradeable, from and including the 181st day after the Registration Issue Date or the date the registration statement in connection with the Resale Registration ceases to be effective, as the case may be, in the case of clause (i) above, following such 180-day period in the case of clause (ii) above, following such 45-day period in the case of clause (iii) above, or following such 210-day period in the case of (iv) above. In addition, which such interest rate will shall automatically be increased by an additional quarter of one percent (0.25%) 25 basis points per annum for each 90-day period that any additional interest continues to accrue; provided that the aggregate additional increase in such annual interest rate may will in no event exceed one-half of one percent (0.50%) 50 basis points per annum. Upon (w) the filing of the Exchange Offer Registration Statement after the 135-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 180-day period described in clause (ii) above, (y) the consummation of the Exchange Offer after the 45-day period described in clause (iii) above, or (z) the effectiveness of a Shelf Registration Statement, after the 210-day period described in clause (iv) above, the interest rate borne by the Debentures from the date of such filing, effectiveness or consummation, as the case may be, shall be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clause (i), (ii), (iii) or (iv) above occurs, the interest rate shall again be increased pursuant to the foregoing provisions. No increase in the rate under (i), (ii) or (iii) above shall be payable for any period during which a Shelf Registration is effective.

Increase in Interest Rate. In the event that (i) the Exchange ------------------------- Offer Registration Statement is not filed with the SEC on or prior to the 135th calendar 60th day following after the date hereofOriginal Issue Date, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 180th calendar day following after the date hereofOriginal Issue Date, (iii) the Exchange Offer is not consummated on or prior to the 45th calendar 210th day following after the effective date of the Exchange Offer Registration StatementOriginal Issue Date, or (iv) if required, a Shelf Registration Statement with respect to the Registrable Debentures Notes, if required, is not declared effective on or prior to the 210th calendar 60th day following after it is required to be filed pursuant to Section 2(b) or (v) the date hereofExchange Offer Registration Statement or the Shelf Registration Statement is declared effective but thereafter ceases to be effective (except pursuant to Section 2(d)(ii)) without being succeeded immediately by an additional registration statement filed and declared effective (each such event referred to in clauses (i) through (v) above, a "Registration Default"), the per annum interest rate borne by the Registrable Debentures Initial Notes shall be increased by an amount equal to one-half of one percent (0.5%) with respect to the first 90-day period following such Registration Default, payable in cash on each interest payment date, such interest rate to increase by an additional one-quarter of one percent (0.25%) per annum following such 135- day period in the case of clause (i) above, following such 180-day period in the case of clause (ii) above, following such 45-day period in the case of clause (iii) above, or following such 210-day period in the case of (iv) above, which rate will be increased by an additional quarter of one percent (0.25%) per annum for each subsequent 90-day period that any additional interest continues to accrue; provided that until such Registration Default has been cured. Notwithstanding the foregoing, the maximum aggregate increase in such annual from the original interest rate may borne by the Initial Notes shall in no event exceed one-half of one percent (0.501.0%) per annum. Upon the cure of the Registration Default by (wv) the filing of the Exchange Offer Registration Statement after the 13560-day period described in clause (i) above, (xw) the effectiveness of the Exchange Offer Registration Statement after the 180-day period described in clause (ii) above, (yx) the consummation of the Exchange Offer after the 45210-day period described in clause (iii) above, or (zy) the effectiveness of a Shelf Registration Statement, Statement when required after the 21060-day period described in clause (iv) above, or (z) the effectiveness of a succeeding registration statement described in clause (v) above, the interest rate borne by the Debentures Initial Notes from the date of such filing, effectiveness or consummation, as the case may be, shall will be reduced to the original interest rate borne by the Initial Notes if the Company is otherwise in compliance with this paragraphno other Registration Default exists; provided, however, thatthat if, if after any such reduction in interest rate, a different event specified in clause (i), (ii), (iii) or (iv) above Registration Default occurs, the interest rate shall will again be increased pursuant to the foregoing provisions. No increase in the rate under (i), (ii) or (iii) above shall be payable for any period during which a Shelf Registration is effective.

Increase in Interest Rate. In the event that either (i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 135th calendar 90th day following the date hereof, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 180th calendar day consummated within 210 days following the date hereof, (iii) the Exchange Offer is not consummated on hereof or prior to the 45th calendar day following the effective date of the Exchange Offer Registration Statement, or (iv) if required, a Notes Shelf Registration Statement with respect to the Registrable Debentures Notes is not declared effective on or prior to the 210th calendar day following the date hereof, or (iii) either (A) the per annum Exchange Offer Registration Statement ceases to be effective at any time prior to the time that the Exchange Offer is consummated or (B) if applicable, the Notes Shelf Registration Statement has been declared effective and such Notes Shelf Registration Statement ceases to be effective at any time prior to the second anniversary of its effective date, the interest rate borne by the Registrable Debentures Notes shall be increased by one-quarter of one percent (0.25%) per annum following such 135- 90-day period in the case of clause (i) above, following such 180210-day period in the case of clause (ii) above, following such 45-day period or immediately in the case of clause (iii) above, or following such 210-day period in the case of (iv) above, which rate will be increased by an additional one-quarter of one percent (0.25%) per annum for each 30-day period that any such additional interest continues to accrue in the case of clause (i) above or for each 90-day period that any such additional interest continues to accrueaccrue in the case of clauses (ii) and (iii) above; provided that the aggregate increase in such annual interest rate may will in no event exceed one and one-half of one percent (0.50%) per annumpercent. Upon (w) the filing of the Exchange Offer Registration Statement after the 13590-day period described in clause (i) above, (x) the effectiveness consummation of the Exchange Offer or the effectiveness of a Notes Shelf Registration Statement Statement, as the case may be, after the 180210-day period described in clause (ii) above, or (y) the consummation effectiveness of the Exchange Offer after Registration Statement or the 45-day period Notes Shelf Registration Statement following an event described in clause (iii) above, or (z) the effectiveness of a Shelf Registration Statement, after the 210-day period described in clause (iv) above, the interest rate borne by the Debentures Notes from the date of such filing, effectiveness or consummation, as the case may be, shall will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clause (i), (ii), (iii) or (iv) above occurs, the interest rate shall again be increased pursuant to the foregoing provisions. No increase in the rate under (i), (ii) or (iii) above shall be payable for any period during which a Shelf Registration is effective.event

Increase in Interest Rate. In the event that either (i) the Notes Exchange Offer Registration Statement is not filed with the SEC on or prior to the 135th calendar 90th day following the date hereof, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 180th calendar day following the date hereof, (iii) the Notes Exchange Offer is not consummated on or prior to the 45th calendar day within 210 days following the effective date of the Exchange Offer Registration Statement, hereof or (iv) if required, a Notes Shelf Registration Statement with respect to the Registrable Debentures Notes is not declared effective on or prior to the 210th calendar day following the date hereof, or (iii) either (A) the per annum Notes Exchange Offer Registration Statement ceases to be effective at any time prior to the time that the Notes Exchange Offer is consummated or (B) if applicable, the Notes Shelf Registration Statement has been declared effective and such Notes Shelf Registration Statement ceases to be effective at any time prior to the second anniversary of its effective date, the interest rate borne by the Registrable Debentures Notes shall be increased by one-quarter of one percent (0.25%) per annum following such 135- 90-day period in the case of clause (i) above, following such 180210-day period in the case of clause (ii) above, following such 45-day period or immediately in the case of clause (iii) above, or following such 210-day period in the case of (iv) above, which rate will be increased by an additional one-quarter of one percent (0.25%) per annum for each 30-day period that any such additional interest continues to accrue in the case of clause (i) above or for each 90-day period that any such additional interest continues to accrueaccrue in the case of clauses (ii) and (iii) above; provided that the aggregate increase in such annual interest rate may will in no event exceed one and one-half of one percent (0.50%) per annumpercent. Upon (w) the filing of the Notes Exchange Offer Registration Statement after the 13590-day period described in clause (i) above, (x) consummation of the Notes Exchange Offer or the effectiveness of a Notes Shelf Registration Statement, as the Exchange Offer Registration Statement case may be, after the 180210-day period described in clause (ii) above, or (y) the consummation effectiveness of the Notes Exchange Offer after Registration Statement or the 45-day period Notes Shelf Registration Statement following an event described in clause (iii) above, or (z) the effectiveness of a Shelf Registration Statement, after the 210-day period described in clause (iv) above, the interest rate borne by the Debentures Notes from the date of such filing, effectiveness or consummation, as the case may be, shall will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clause (i), (ii), (iii) or (iv) above occurs, the interest rate shall again be increased pursuant to the foregoing provisions. No increase in the rate under clauses (i), (ii) or (iii) above occurs, the interest rate will again be increased and thereafter reduced pursuant to the foregoing conditions. If the Company issues a notice that the Notes Shelf Registration Statement is unusable pending the announcement of a material corporate transaction or otherwise pursuant to Section 3(k) hereof, or such a notice is required under applicable securities laws to be issued by the Company, and the aggregate number of days in any consecutive twelve-month period for which all such notices are issued or required to be issued exceeds 30 days in the aggregate, then the interest rate borne by the Notes will be increased by one-quarter of one percent per annum following the date that such Notes Shelf Registration Statement ceases to be usable beyond the 30-day period permitted above, which rate shall be payable increased by an additional one-quarter of one percent per annum for any each 90-day period during which a that such additional interest continues to accrue; provided that the aggregate increase in such annual interest rate may in no event exceed one and one-half percent. Upon the Company declaring that the Notes Shelf Registration Statement is effectiveusable after the interest rate has been increased pursuant to the preceding sentence, the interest rate borne by the Notes will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that if after any such reduction in interest rate the Notes Shelf Registration Statement again ceases to be usable beyond the period permitted above, the interest rate will again be increased and thereafter reduced pursuant to the foregoing provisions.

Increase in Interest Rate. In the event that (i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 135th calendar day following the date hereof, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 180th calendar day following the date hereof, (iii) the Exchange Offer is not consummated on or prior to the 45th calendar day following the effective date of the Exchange Offer Registration Statement, or (iv) if required, a Shelf Registration Statement with respect to the Registrable Debentures Notes is not declared effective on or prior to the 210th calendar day following the date hereof, the per annum interest rate borne by the Registrable Debentures Notes shall be increased by one-quarter of one percent (0.25%) per annum following such 135- 135-day period in the case of clause (i) above, following such 180-day period in the case of clause (ii) above, following such 45-day period in the case of clause (iii) above, or following such 210-day period in the case of (iv) above, which rate will be increased by an additional quarter of one percent (0.25%) per annum for each 90-day period that any additional interest continues to accrue; provided that the aggregate increase in such annual interest rate may in no event exceed one-half of one percent (0.50%) per annum. Upon (w) the filing of the Exchange Offer Registration Statement after the 135-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 180-day period described in clause (ii) above, (y) the consummation of the Exchange Offer after the 45-day period described in clause (iii) above, or (z) the effectiveness of a Shelf Registration Statement, after the 210-day period described in clause (iv) above, the interest rate borne by the Debentures Notes from the date of such filing, effectiveness or consummation, as the case may be, shall be reduced to the original interest rate if the Company is otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clause (i), (ii), (iii) or (iv) above occurs, the interest rate shall again be increased pursuant to the foregoing provisions. No increase in the rate under (i), (ii) or (iii) above shall be payable for any period during which a Shelf Registration is effective.

Increase in Interest Rate. In the event that (i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 135th 60th calendar day following after the date hereofClosing Time, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 180th calendar day following after the date hereofClosing Time, (iii) the Exchange Offer is not consummated on or prior to the 45th calendar day following the effective date of the Exchange Offer Registration Statement, or (iv) if required, a Shelf Registration Statement with respect to the Registrable Senior Notes and Registrable Senior Debentures is not declared effective on or prior to the 210th 240th calendar day following after the date hereofClosing Time, or (v) the Election Periods exceed, in the aggregate, 90 days during any 365-day period the per annum interest rate borne by the Registrable Senior Notes and Registrable Senior Debentures shall be increased by one-quarter of one percent (0.25%) per annum following such 135- 60-day period in the case of clause (i) above, following such 180-day period in the case of clause (ii) above, following such 45-day period in the case of clause (iii) above, or following such 210240-day period in the case of (iv) above or 90-day period in the case of (v) above, which rate will be increased by an additional quarter of one percent (0.25%) per annum for each 90-day period that any additional interest continues to accrueduring which noncompliance continues; provided that the aggregate increase in such annual interest rate may in no event exceed one-half of one percent (0.50%) per annum. Upon (w) the filing of the Exchange Offer Registration Statement after the 13560-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 180-day period described in clause (ii) above, (y) the consummation of the Exchange Offer after the 45-day period described in clause (iii) above, or (z) the effectiveness of a Shelf Registration Statement, after the 210240-day period described in clause (iv) above, the interest rate borne by the Senior Notes and Senior Debentures from the date of such filing, effectiveness or consummation, as the case may be, shall be reduced to the original interest rate if the Company is and the Guarantor are otherwise in compliance with this paragraph; provided, however, that, if after any such reduction in interest rate, a different event specified in clause (i), (ii), (iii), (iv) or (ivv) above occurs, the interest rate shall again be increased pursuant to the foregoing provisions. No increase in the rate under clause (i), (ii) or (iii) above shall be payable for any period during which a Shelf Registration is effective.

Increase in Interest Rate. In the event that (i) the Exchange Offer Registration Statement is not filed with the SEC on or prior to the 135th 45th calendar day following the date hereofOriginal Issue Date, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 180th 105th calendar day following the date hereofOriginal Issue Date, (iii) the Exchange Offer is not consummated on or prior to the 45th calendar day following the effective date of the Exchange Offer Registration Statement, or (iv) if required, a Shelf Registration Statement with respect to the Registrable Debentures Notes is not declared effective on or prior to the 210th 135th calendar day following the date hereofOriginal Issue Date, or (iv) the Exchange Offer Registration Statement is declared effective but thereafter ceases to be effective or usable (each such event referred to in clauses (i)-(iv) above, a "Registration Default"), the per annum interest rate borne by the Registrable Debentures Initial Notes shall be increased by one-quarter of one percent (0.25%) per annum following such 135- day period in with respect to the case of clause (i) above, following such 180first 90-day period in the case of clause (ii) above, following such 45-day period Registration Default, payable in the case of clause (iii) abovecash on each interest payment date, or following such 210-day period in the case of (iv) above, which interest rate will be increased to increase by an additional one-quarter of one percent (0.25%) per annum for each subsequent 90-day period that any additional interest continues until such Registration Default has been cured, up to accrue; provided that the aggregate a maximum increase in such annual interest rate may in no event exceed one-half of one percent (0.501.0%) per annum. Upon (w) the filing of the Exchange Offer Registration Statement after the 13545-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 180105-day period described in clause (ii) above, (y) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 45135-day period described in clause (iii) above, above or (z) the effectiveness cure of a Shelf any Registration Statement, after the 210-day period Default described in clause (iv) above, the interest rate borne by the Debentures Initial Notes from the date of such filing, effectiveness or consummation, as the case may be, shall will be reduced to the original interest rate if the Company is otherwise in compliance with this paragraphrate; provided, however, thatthat if, if after any such reduction in interest rate, a different event specified in clause (i), (ii), (iii) or (iv) above occurs, the interest rate shall may again be increased pursuant to the foregoing provisions. No increase in the rate under (i), (ii) or (iii) above shall be payable for any period during which a Shelf Registration is effective.

Increase in Interest Rate. In the event that (i) the Exchange ------------------------- Offer Registration Statement is not filed with the SEC on or prior to the 135th 60th calendar day following the date hereofOriginal Issue Date, (ii) the Exchange Offer Registration Statement is not declared effective on or prior to the 180th 150th calendar day following the date hereofOriginal Issue Date, (iii) the Exchange Offer is not consummated on or prior to the 45th calendar day following the effective date of the Exchange Offer Registration Statement, or (iv) if required, a Shelf Registration Statement with respect to the Registrable Debentures Notes is not declared effective on or prior to the 210th 180th calendar day following the date hereofOriginal Issue Date, or (iv) the Exchange Offer Registration Statement is declared effective but thereafter ceases to be effective or usable (each such event referred to in clauses (i)- (iv) above, a "Registration Default"), the per annum interest rate borne by the Registrable Debentures Initial Notes shall be increased by one-quarter of one percent (0.25%) per annum following such 135- day period in the case of clause (i) above, following such 180-day period in the case of clause (ii) above, following such 45-day period in the case of clause (iii) above, or following such 210-day period in the case of (iv) above, which rate will be increased by an additional quarter of one percent (0.25%) per annum for each 90-day period that any additional interest continues to accrue; provided that the aggregate increase in such annual interest rate may in no event exceed one-half of one percent (0.50%) with respect to the first 90-day period following such Registration Default, payable in cash on each interest payment date, such interest rate to increase by an additional one-half of one percent (0.50%) for each subsequent 90-day period until such Registration Default has been cured, up to a maximum increase of one and one- half percent (1.50%) per annum. Upon (w) the filing of the Exchange Offer Registration Statement after the 13560-day period described in clause (i) above, (x) the effectiveness of the Exchange Offer Registration Statement after the 180150-day period described in clause (ii) above, (y) the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, as the case may be, after the 45180-day period described in clause (iii) above, above or (z) the effectiveness cure of a Shelf any Registration Statement, after the 210-day period Default described in clause (iv) above, the interest rate borne by the Debentures Initial Notes from the date of such filing, effectiveness or consummation, as the case may be, shall be reduced to the original interest rate if the Company is otherwise in compliance with this paragraphrate; provided, however, thatthat if, if after any such reduction in interest rate, a different event specified in clause (i), (ii), (iii) or (iv) above occurs, the interest rate shall again be increased pursuant to the foregoing provisions. No increase in the rate under (i), (ii) or (iii) above shall be payable for any period during which a Shelf Registration is effective.