Mondelez 2013 Annual Report Download - page 155

(g) Amount of Competitive Bid Borrowings; Competitive Bid Notes . Each Competitive Bid Borrowing shall be in an aggregate
amount of $50,000,000 or an integral multiple of $1,000,000 in excess thereof and, following the making of each Competitive Bid Borrowing,
the aggregate amount of Advances then outstanding shall not exceed the aggregate amount of the Commitments of the Lenders. Within the limits
and on the conditions set forth in this Section 2.07, any Borrower may from time to time borrow under this Section 2.07, prepay pursuant to
Section 2.11 or repay pursuant to Section 2.07(h), and reborrow under this Section 2.07; provided that a Competitive Bid Borrowing shall not be
made within two Business Days of the date of any other Competitive Bid Borrowing. The indebtedness of any Borrower resulting from each
Competitive Bid Advance made to such Borrower as part of a Competitive Bid Borrowing shall be evidenced by a separate Competitive Bid
Note of such Borrower payable to the Lender (or its registered assigns) making such Competitive Bid Advance.
(h) Repayment of Competitive Bid Advances . On the maturity date of each Competitive Bid Advance provided in the Competitive
Bid Note evidencing such Competitive Bid Advance, the Borrower shall repay to the Administrative Agent for the account of each Lender that
has made a Competitive Bid Advance the then unpaid principal amount of such Competitive Bid Advance. No Borrower shall have any right to
prepay any principal amount of any Competitive Bid Advance unless, and then only on the terms set forth in the Competitive Bid Note
evidencing such Competitive Bid Advance.
(i) Interest on Competitive Bid Advances
. Each Borrower that has borrowed through a Competitive Bid Borrowing shall pay interest
on the unpaid principal amount of each Competitive Bid Advance from the date of such Competitive Bid Advance to the date the principal
amount of such Competitive Bid Advance is repaid in full, at the rate of interest for such Competitive Bid Advance and on the interest payment
date or dates set forth in the Competitive Bid Note evidencing such Competitive Bid Advance. If any principal of or interest on any Competitive
Bid Advance payable by a Borrower hereunder is not paid when due, whether at stated maturity, upon acceleration or otherwise, such overdue
amount shall bear interest, after as well as before judgment, payable in arrears on the date or dates interest is payable on such Competitive Bid
Advance, at a rate per annum equal at all times to 1% per annum above the rate per annum required to be paid on such Competitive Bid Advance
under the terms of the Competitive Bid Note evidencing such Competitive Bid Advance unless otherwise agreed in such Competitive Bid Note.
SECTION 2.08 LIBO Rate Determination .
(a) Methods to Determine LIBO Rate . The Administrative Agent shall determine the LIBO Rate by using the methods described in
the definition of the term “LIBO Rate,” and shall give prompt notice to Mondelēz and the applicable Borrowers and Lenders of each such LIBO
Rate.
(b) Role of Reference Banks . In the event that the LIBO Rate cannot be determined by the method described in clause (a) of the
definition of “LIBO Rate,”
each Reference Bank agrees to furnish to the Administrative Agent timely information for the purpose of determining
the LIBO Rate in accordance with the method described in clause (b) of the definition thereof. If any one or more of the Reference Banks shall
not furnish such timely information to the Administrative Agent for the purpose of determining a LIBO Rate, the Administrative Agent shall
determine such interest rate on the basis of timely information furnished by the remaining Reference Banks. If fewer than two Reference Banks
furnish timely information to the Administrative Agent for determining the LIBO Rate for any LIBO Rate Advances or Floating Rate Bid
Advances, as the case may be, then:
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