Honeywell 2005 Annual Report Download - page 195

(C) the obligation of the Lenders to make Eurodollar Rate Advances shall be suspended until the Agent shall notify the Borrowers and the
Lenders that the circumstances causing such suspension no longer exist.
(ii) If the Reuters Screen CDOR Page is not available for the timely determination of the BA Rate, and fewer than two Canadian Reference
Lenders are able to furnish timely information to the Agent for determining the BA Rate for any Bankers' Acceptances,
(A) the Agent shall forthwith notify the Borrowers and the Lenders that the interest rate cannot be determined for such Bankers' Acceptances,
and
(B) the obligation of the Lenders to make, or to renew, Bankers' Acceptances shall be suspended until the Agent shall notify the Borrowers and
the Lenders that the circumstances causing such suspension no longer exist.
(f) Interest Act (Canada). Whenever a rate of interest hereunder is calculated on the basis of a year (the "deemed year") which contains fewer
days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act
(Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the
deemed year.
(g) Nominal Rates; No Deemed Reinvestment. The principle of deemed reinvestment of interest shall not apply to any interest calculation under
this Agreement; all interest payments to be made hereunder shall be paid without allowance or deduction for reinvestment or otherwise, before and after
maturity, default and judgment. The rates of interest specified in this Agreement are intended to be nominal rates and not effective rates. Interest calculated
hereunder shall be calculated using the nominal rate method and not the effective rate method of calculation.
(h) Interest Paid by the Borrowers. Notwithstanding any provision of this Agreement, in no event shall the aggregate "interest" (as defined in
Section 347 of the Criminal Code (Canada)) payable by any Borrower under this Agreement exceed the effective annual rate of interest on the "credit
advanced" (as defined in the Section) under this Agreement lawfully permitted by that Section and, if any payment, collection or demand pursuant to this
Agreement in respect of "interest" (as defined in that Section) is determined to be contrary to the provisions of that Section, such payment, collection or
demand shall be deemed to have been made by mutual mistake of such Borrower and the Lenders and the amount of such payment or collection shall be
refunded to such Borrower. For the purposes of this Agreement, the effective annual rate of interest shall be determined in accordance with generally accepted
actuarial practices and principles over the relevant term and, in the event of a dispute, a certificate of a Fellow of the Canadian Institute of Actuaries appointed
by the Lenders will be prima facie evidence of such rate.
SECTION 2.09. Prepayments of Advances. (a) Optional Prepayments. Each Borrower may, upon notice to the Agent stating the proposed date
and aggregate principal
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