Mondelez 2013 Annual Report Download - page 137

provided that if on any date of determination (x) a rating is available on such date from only one of Standard & Poor’s and Moody’s but not the
other, the Applicable Interest Rate Margin shall be determined by reference to the then available rating; (y) no rating is available from either of
Standard & Poor’s or Moody’s, the Applicable Interest Rate Margin shall be determined by reference to the rating of any other nationally
recognized statistical rating organization designated by Mondelēz and approved in writing by the Required Lenders and (z) no rating is available
from any of Standard & Poor’s, Moody’s or any other nationally recognized statistical rating organization designated by Mondelē
z and approved
in writing by the Required Lenders, the Applicable Interest Rate Margin shall be 0.300% as to any Base Rate Advance and 1.300% as to any
LIBO Rate Advance.
“ Applicable Lending Office ” means, with respect to each Lender, such Lender’s Domestic Lending Office in the case of a Pro Rata
Advance and, in the case of a Competitive Bid Advance, the office of such Lender notified by such Lender to the Administrative Agent as its
Applicable Lending Office with respect to such Competitive Bid Advance.
“ Assignment and Acceptance ” means an assignment and acceptance entered into by a Lender and an Eligible Assignee, and
accepted by the Administrative Agent in substantially the form of Exhibit C hereto.
“ Augmenting Lender ” has the meaning assigned to such term in Section 2.18(a).
“ Base Rate ”
means a fluctuating interest rate per annum in effect from time to time, which rate per annum shall at all times be equal
to the highest of:
(i) the rate of interest announced publicly by the Administrative Agent in New York, New York, from time to time, as the Administrative
Agent’s prime rate;
(ii) 1/2 of one percent per annum above the Federal Funds Effective Rate; and
(iii) the LIBO Rate for Dollars for a one month Interest Period appearing on Reuters Screen LIBOR01 on such day (or if such day is not a
Business Day, the immediately preceding Business Day) plus 1% per annum.
“ Base Rate Advance ” means a Pro Rata Advance that bears interest as provided in Section 2.04(a)(i).
“ Board ” means the Board of Governors of the Federal Reserve System of the United States (or any successor).
-
3
-