Mondelez 2013 Annual Report Download - page 156

(i) the Administrative Agent shall forthwith notify Mondelēz and the Lenders that the interest rate cannot be determined for such
LIBO Rate Advance or Floating Rate Bid Advances, as the case may be;
(ii) with respect to each LIBO Rate Advance, such Advance will, on the last day of the then existing Interest Period therefor, be
prepaid by the Borrower or be automatically Converted into a Base Rate Advance; and
(iii) the obligation of the Lenders to make LIBO Rate Advances or Floating Rate Bid Advances or to Convert Base Rate Advances
into LIBO Rate Advances shall be suspended until the Administrative Agent shall notify Mondelēz and the Lenders that the circumstances
causing such suspension no longer exist.
The Administrative Agent shall give prompt notice to Mondelēz and the Lenders of the applicable interest rate determined by the Administrative
Agent for purposes of Section 2.04(a)(i) or (ii) and the rate, if any, furnished by each Reference Bank for the purpose of determining the interest
rate under Section 2.04(a)(ii) or the applicable LIBO Rate.
(c) Inadequate LIBO Rate . If, with respect to any LIBO Rate Advances, the Required Lenders notify the Administrative Agent that
(i) they are unable to obtain matching deposits in the London interbank market at or about 11:00 a.m. (London time) on the second Business Day
before the making of a Borrowing in sufficient amounts to fund their respective LIBO Rate Advances as a part of such Borrowing during the
Interest Period therefor or (ii) the LIBO Rate for any Interest Period for such Advances will not adequately reflect the cost to such Required
Lenders of making, funding or maintaining their respective LIBO Rate Advances for such Interest Period, the Administrative Agent shall
forthwith so notify Mondelēz and the Lenders, whereupon (A) the Borrower of such LIBO Rate Advances will, on the last day of the then
existing Interest Period therefor, either (x) prepay such Advances or (y) Convert such Advances into Base Rate Advances and (B) the obligation
of the Lenders to make, or to Convert Base Rate Advances into, LIBO Rate Advances shall be suspended until the Administrative Agent shall
notify Mondelēz and the Lenders that the circumstances causing such suspension no longer exist. In the case of clause (ii) above, each such
Lender shall certify its cost of funds for each Interest Period to the Administrative Agent and Mondelēz as soon as practicable but in any event
not later than 10 Business Days after the last day of such Interest Period.
SECTION 2.09 Fees .
(a) Facility Fee . Mondelēz agrees to pay to the Administrative Agent for the account of each Lender a facility fee (the “ Facility Fee
”) on the aggregate amount of such Lender’s Commitment (whether drawn or undrawn) from the date hereof in the case of each Initial Lender
and from the effective date specified in the Assignment and Acceptance pursuant to which it became a Lender in the case of each other Lender
until the Termination Date at the Applicable Facility Fee Rate, in each case payable on the last Business Day of each March, June, September
and December until the Termination Date and on the Termination Date.
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