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Case 16-42529 Doc 149 Filed 04/15/16 Entered 04/15/16 16:16:59 Main Document <br />Pg 38 of 71 <br />DIP Term Facility, immediate cash payment of all accrued and unpaid interest on the Pre - <br />Petition First Lien Debt and letter of credit fees at the non -default rates provided for in the <br />Existing Credit Documents and all other accrued and unpaid fees and expenses (including, but <br />not limited to, fees owed to the Pre -Petition Agent) owing to the Pre -Petition Agent under the <br />Existing Credit Documents incurred prior to the Petition Date and (ii) cash payments, paid on the <br />Interest Payment Dates as provided for in the Pre -Petition Credit Agreement (and as defined <br />therein), in an amount equal to the interest on the Pre -Petition First Lien Debt, letter of credit <br />fees and other fees at the non -default rates provided for in the Existing Credit Documents (it <br />being understood and agreed that (i) with respect to Loans (as defined in the Pre -Petition Credit <br />Agreement), such interest will be calculated in accordance with section 2.08(a) of the Pre - <br />Petition Credit Agreement as if such Loans were Eurocurrency Rate Loans (as defined in the <br />Pre -Petition Credit Agreement) and the Borrower were able to elect or continue Interest Periods <br />(as defined in the Pre -Petition Credit Agreement) with respect to such Loans in accordance with <br />the Pre -Petition Credit Agreement without the need for any consent or approval from the Pre - <br />Petition Agent or any Pre -Petition Lender, (ii) with respect to each Letter of Credit (as defined in <br />the Pre -Petition Credit Agreement), such fees shall be calculated in accordance with sections <br />2.03(i) and 0) of the Pre -Petition Credit Agreement and (iii) with respect to each Swap Contract, <br />such interest shall be calculated in accordance with clause (i) above as if such Swap Contract <br />were a Revolving Credit Loan (as defined in the Pre -Petition Credit Agreement) with a three- <br />month Interest Period); provided that the First Lien Secured Parties shall reserve the right to <br />assert claims for the payment of additional interest calculated at any other applicable rate of <br />interest (including, without limitation, default rates), or on any other basis, provided for in the <br />Existing Credit Documents and to the extent permitted by the Bankruptcy Code; provided further <br />