![]() 4173), all Laws relating thereto and all interpretations and applications thereof and (ii) all requests, rules, guidelines or directives promulgated by the Bank for International Settlements, the Basel Committee on Banking Supervision (or any successor or similar authority) or the United States or foreign regulatory authorities, pursuant to Basel III, shall in each case, for the purpose of this Agreement, be deemed to be adopted subsequent to the Effective Date. ![]() It is understood and agreed that (i) the Dodd–Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203, H.R. “ Change in Law ” means the occurrence, after the Effective Date, of any of the following: (a) the adoption or taking effect of any law, rule, regulation or treaty, (b) any change in any law, rule, regulation or treaty or in the administration, interpretation or application thereof by any Governmental Authority or (c) the making or issuance of any request, guideline, directive or other published administrative guidance (whether or not having the force of law) by any Governmental Authority. Any change in the Wall Street Journal prime rate, the Federal Funds Rate or the LIBOR Rate, respectively, shall take effect at the opening of business on the day specified in the public announcement of such change. “ Base Rate ” means for any day a fluctuating rate per annum equal to the highest of (a) the rate of interest in effect for such day as publicly quoted from time to time by The Wall Street Journal as the “prime rate” in the United States (or, if The Wall Street Journal ceases quoting a base rate of the type described, the highest per annum interest rate published by the Federal Reserve Board in Federal Reserve Statistical Release H.15 (519) (Selected Interest Rates) as the “bank prime loan” rate or, if such rate is no longer quoted therein, any similar rate quoted therein (as determined by the Administrative Agent) or any similar release by the Federal Reserve Board (as determined by the Administrative Agent)) (b) the Federal Funds Rate for such day, plus 0.50% and (c) the LIBOR Rate for a one-month Interest Period plus 1.0%. ![]() “ ABL Facility Indebtedness ” means (i) Indebtedness and other “Obligations” (as defined in the ABL Credit Agreement) of the Borrowers and the Guarantors outstanding under the ABL Facility Documentation, (ii) any Swap Contract (as defined in the ABL Credit Agreement) permitted pursuant to Article VII hereof that is entered into by and between a Borrower or any Guarantor and any Person that is a lender under the ABL Credit Agreement or an Affiliate of a lender under the ABL Credit Agreement at the time such Swap Contract is entered into, to the extent obligations of the Borrowers and Guarantors thereunder constitute “Obligations” (as defined in the ABL Credit Agreement) and (iii) any agreement with respect to Cash Management Services (as defined in the ABL Credit Agreement) permitted under Article VII hereof that is entered into by and between a Borrower or any Guarantor and any Person that is a lender under the ABL Credit Agreement or an Affiliate of a lender under the ABL Credit Agreement at the time such agreement is entered into, to the extent obligations of the Borrowers and Guarantors thereunder constitute “Obligations” (as defined in the ABL Credit Agreement).
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