AMOUNT ON DEMAND FROM SUCH
LENDER, TOGETHER WITH ACCRUED INTEREST THEREON FOR EACH DAY FROM THE DATE OF
DEMAND THEREOF (I) AT THE FEDERAL FUNDS RATE UNTIL THE SECOND BUSINESS DAY AFTER
SUCH DEMAND AND (II) AT THE BASE RATE AT ALL TIMES THEREAFTER.
UNTIL SUCH TIME
AS SUCH LENDER MAKES ITS REQUIRED PAYMENT, THE SWINGLINE LENDER SHALL BE DEEMED
TO CONTINUE TO HAVE OUTSTANDING SWINGLINE LOANS IN THE AMOUNT OF THE UNPAID
PARTICIPATION FOR ALL PURPOSES OF THE LOAN DOCUMENTS.
IN ADDITION, SUCH LENDER
SHALL BE DEEMED TO HAVE ASSIGNED ANY AND ALL PAYMENTS MADE OF PRINCIPAL AND
INTEREST ON ITS LOANS AND ANY OTHER AMOUNTS DUE TO IT HEREUNDER, TO THE
SWINGLINE LENDER TO FUND THE AMOUNT OF SUCH LENDER'S PARTICIPATION INTEREST IN
SUCH SWINGLINE LOANS THAT SUCH LENDER FAILED TO FUND PURSUANT TO THIS
SECTION 2.4, UNTIL SUCH AMOUNT HAS BEEN PURCHASED IN FULL.
SECTION 2.5.
FUNDING OF BORROWINGS.
(A)
EACH LENDER WILL MAKE AVAILABLE EACH LOAN
TO BE MADE BY IT HEREUNDER ON THE PROPOSED DATE THEREOF BY WIRE TRANSFER IN
IMMEDIATELY AVAILABLE FUNDS BY 1:00 P.M. (NEW YORK TIME) TO THE ADMINISTRATIVE
AGENT AT THE PAYMENT OFFICE; PROVIDED, THAT THE SWINGLINE LOANS WILL BE MADE AS
SET FORTH IN SECTION 2.4.
THE ADMINISTRATIVE AGENT WILL MAKE SUCH LOANS
AVAILABLE TO THE BORROWER BY PROMPTLY CREDITING THE AMOUNTS THAT IT RECEIVES, IN
LIKE FUNDS BY THE CLOSE OF BUSINESS ON SUCH PROPOSED DATE, TO AN ACCOUNT
MAINTAINED BY THE BORROWER WITH THE ADMINISTRATIVE AGENT OR AT THE BORROWER'S
OPTION, BY EFFECTING A WIRE TRANSFER OF SUCH AMOUNTS TO AN ACCOUNT DESIGNATED BY
THE BORROWER TO THE ADMINISTRATIVE AGENT.
(B)
UNLESS THE ADMINISTRATIVE AGENT SHALL HAVE
BEEN NOTIFIED BY ANY LENDER PRIOR TO 5:00 P.M. (NEW YORK TIME) ONE (1) BUSINESS
DAY PRIOR TO THE DATE OF A BORROWING IN WHICH SUCH LENDER IS TO PARTICIPATE THAT
SUCH LENDER WILL NOT MAKE AVAILABLE TO THE ADMINISTRATIVE AGENT SUCH LENDER'S
SHARE OF SUCH BORROWING, THE ADMINISTRATIVE AGENT MAY ASSUME THAT SUCH LENDER
HAS MADE SUCH AMOUNT AVAILABLE TO THE ADMINISTRATIVE AGENT ON SUCH DATE, AND THE
ADMINISTRATIVE AGENT, IN RELIANCE ON SUCH ASSUMPTION, MAY MAKE AVAILABLE TO THE
BORROWER ON SUCH DATE A CORRESPONDING AMOUNT.
IF SUCH CORRESPONDING AMOUNT IS
NOT IN FACT MADE AVAILABLE TO THE ADMINISTRATIVE AGENT BY SUCH LENDER ON THE
DATE OF SUCH BORROWING, THE ADMINISTRATIVE AGENT SHALL BE ENTITLED TO RECOVER
SUCH CORRESPONDING AMOUNT ON DEMAND FROM SUCH LENDER TOGETHER WITH INTEREST AT
THE FEDERAL FUNDS RATE UNTIL THE SECOND BUSINESS DAY AFTER SUCH DEMAND AND
THEREAFTER AT THE BASE RATE.
IF SUCH LENDER DOES NOT PAY SUCH CORRESPONDING
AMOUNT FORTHWITH UPON THE ADMINISTRATIVE AGENT'S DEMAND THEREFOR, THE
ADMINISTRATIVE AGENT SHALL PROMPTLY NOTIFY THE BORROWER, AND THE BORROWER SHALL
IMMEDIATELY PAY SUCH CORRESPONDING AMOUNT TO THE ADMINISTRATIVE AGENT TOGETHER
WITH INTEREST AT THE RATE SPECIFIED FOR SUCH BORROWING.
NOTHING IN THIS
SUBSECTION SHALL BE DEEMED TO RELIEVE ANY LENDER FROM ITS OBLIGATION TO
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FUND ITS PRO RATA SHARE OF ANY BORROWING