AGENT BY SUCH BORROWER WITHIN THREE BUSINESS DAYS
AFTER SUCH DUE DATE, THE ADMINISTRATIVE AGENT SHALL BE ENTITLED TO RECOVER, ON
DEMAND, FROM EACH LENDER TO WHICH ANY AMOUNT WAS MADE AVAILABLE PURSUANT TO THE
PRECEDING SENTENCE, SUCH AMOUNT WITH INTEREST THEREON AT THE RATE PER ANNUM
EQUAL TO THE DAILY AVERAGE FEDERAL FUNDS EFFECTIVE RATE (IN THE CASE OF LOANS
DENOMINATED IN DOLLARS) OR THE RATE DETERMINED BY THE ADMINISTRATIVE AGENT AS
ITS COST OF FUNDING SUCH AMOUNTS, PLUS THE APPLICABLE MARGIN FOR EUROCURRENCY
LOANS UNDER SUCH FACILITY (IN THE CASE OF LOANS DENOMINATED IN EURO).
NOTHING
HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE ADMINISTRATIVE AGENT OR ANY
LENDER AGAINST ANY BORROWER.
(H) IN THE EVENT THAT (I) A BORROWER GIVES NOTICE TO THE ADMINISTRATIVE AGENT
THAT (A) SUCH BORROWER INTENDS TO MAKE A BORROWING UNDER SECTION 3.6 OF
MULTICURRENCY LOANS DENOMINATED IN EURO, (B) SUCH BORROWER INTENDS, ON THE
REQUESTED BORROWING DATE FOR SUCH EUROCURRENCY LOANS, TO PREPAY UNDER SECTION
5.4 MULTICURRENCY LOANS DENOMINATED IN DOLLARS AND (C) AFTER GIVING EFFECT TO
SUCH BORROWING AND PREPAYMENT, THE AVAILABLE MULTICURRENCY COMMITMENT SHALL NOT
BE LESS THAN ZERO, AND (II) IF (AFTER GIVING EFFECT TO SUCH REQUESTED
MULTICURRENCY LOANS, BUT BEFORE GIVING EFFECT TO SUCH PREPAYMENT) THE AVAILABLE
MULTICURRENCY
57
COMMITMENT SHALL BE LESS THAN ZERO, THE ADMINISTRATIVE AGENT MAY, IN RELIANCE ON
THE FOREGOING NOTICE, MAKE AVAILABLE TO SUCH BORROWER THE AMOUNT OF SUCH
REQUESTED MULTICURRENCY LOANS; PROVIDED, HOWEVER, THAT, IN THE EVENT THAT SUCH
BORROWER FAILS TO MAKE SUCH PREPAYMENT ON THE REQUESTED BORROWING DATE, SUCH
BORROWER SHALL, WITHOUT NOTICE OR DEMAND, IMMEDIATELY PREPAY THE MULTICURRENCY
LOANS MADE TO IT IN AN AGGREGATE PRINCIPAL AMOUNT EQUAL TO THE AMOUNT BY WHICH
THE AGGREGATE MULTICURRENCY EXTENSIONS OF CREDIT EXCEEDS THE AGGREGATE
MULTICURRENCY COMMITMENTS THEN IN EFFECT, TOGETHER WITH INTEREST ACCRUED TO THE
DATE OF SUCH PREPAYMENT AND ANY AMOUNTS PAYABLE UNDER SECTION 5.14.
(I)
A PAYMENT SHALL BE DEEMED TO HAVE BEEN MADE BY THE
ADMINISTRATIVE AGENT ON THE DATE ON WHICH IT IS REQUIRED TO BE MADE UNDER THIS
AGREEMENT IF THE ADMINISTRATIVE AGENT HAS, ON OR BEFORE THAT DATE, TAKEN ALL
RELEVANT STEPS TO MAKE THAT PAYMENT.
WITH RESPECT TO THE PAYMENT OF ANY AMOUNT
DENOMINATED IN EURO, THE ADMINISTRATIVE AGENT SHALL NOT BE LIABLE TO ANY
BORROWER OR ANY OF THE LENDERS IN ANY WAY WHATSOEVER FOR ANY DELAY, OR THE
CONSEQUENCES OF ANY DELAY, IN THE CREDITING TO ANY ACCOUNT OF ANY AMOUNT
REQUIRED BY THIS AGREEMENT TO BE PAID BY THE ADMINISTRATIVE AGENT IF THE
ADMINISTRATIVE AGENT SHALL HAVE TAKEN ALL RELEVANT STEPS TO ACHIEVE, ON THE DATE
REQUIRED BY THIS AGREEMENT, THE PAYMENT OF SUCH AMOUNT IN IMMEDIATELY AVAILABLE,
FREELY TRANSFERABLE, CLEARED FUNDS IN THE EURO UNIT TO THE ACCOUNT WITH THE BANK
IN THE PRINCIPAL FINANCIAL CENTER IN THE PARTICIPATING MEMBER STATE WHICH THE
RELEVANT BORROWER OR, AS THE CASE MAY BE, ANY LENDER SHALL HAVE SPECIFIED FOR
SUCH PURPOSE.
IN THIS PARAGRAPH (I), "ALL RELEVANT STEPS" MEANS