ADDITIONAL INTEREST,
THE EXIT FEE, IF ANY, FEES AND ANY OTHER AMOUNTS DUE AND PAYABLE HEREUNDER, AND
UNDER THE NOTE, THE MORTGAGE AND THE OTHER LOAN DOCUMENTS, (Y) IN CASE OF ANY
PREPAYMENT MADE PURSUANT TO SECTIONS 2.4(A), (B), (C) OR (E) HEREOF PRIOR TO THE
SECOND (2ND) ANNIVERSARY OF THE CLOSING DATE, PAY THE SPREAD MAINTENANCE PAYMENT
ON THE AMOUNT BEING PREPAID, AND (Z) PAY ALL REASONABLE OUT-OF-POCKET FEES AND
EXPENSES INCURRED BY AGENT IN CONNECTION WITH THE LOAN AND/OR WITH THE
PREPAYMENT OF THE LOAN.
(G)
OTHER SUMS.
BORROWER SHALL PAY TO AGENT ALL OTHER SUMS OWED TO
AGENT AND/OR LENDERS PURSUANT TO THE LOAN DOCUMENTS WHEN SUCH SUMS ARE DUE AND
PAYABLE AS PROVIDED IN THE APPLICABLE LOAN DOCUMENT, OR IF NOT PROVIDED THEREIN,
WITHIN TEN (10) DAYS AFTER THE DUE DATE THEREOF OR IF EXPRESSLY REQUIRED, WITHIN
TEN (10) DAYS AFTER WRITTEN DEMAND BY AGENT. TO THE EXTENT ANY OTHER SUCH SUMS
ARE DETERMINED ON A PER DIEM OR SIMILAR BASIS, SUCH SUMS SHALL BE CALCULATED ON
THE BASIS OF A 360-DAY YEAR AND THE ACTUAL NUMBER OF DAYS ELAPSED.
SECTION 2.5.
Payment; Default Rate; Application of Certain Monies; Priority
of Payments; Set-offs.
(A)
MANNER OF PAYMENT.
ALL SUMS PAYABLE BY BORROWER UNDER THIS LOAN
AGREEMENT OR ANY OTHER LOAN DOCUMENT SHALL BE MADE IN DOLLARS AND IN IMMEDIATELY
AVAILABLE FUNDS NOT LATER THAN (I) 10:00 A.M. (NEW YORK CITY TIME) ON THE DATE
WHEN SUCH PAYMENT IS DUE WITH RESPECT TO ALL PAYMENTS OTHER THAN RELEASE
PAYMENTS AND (II) WITH RESPECT TO ANY RELEASE PAYMENT, 2:00 P.M. (NEW YORK CITY
TIME) ON THE DATE WHEN SUCH RELEASE PAYMENT IS DUE. SUCH SUMS SHALL BE PAYABLE
BY WIRE TRANSFER TO THE CREDIT OF AGENT, AT BANK OF NEW YORK, ABA #021-000-018,
IN FAVOR OF PB CAPITAL CORP., ACCOUNT #890-0388-935, REFERENCE:
WBBD PORTFOLIO,
OR TO SUCH OTHER ACCOUNT OR ADDRESS AS AGENT MAY FROM TIME TO TIME DESIGNATE IN
WRITING TO BORROWER. IN THE EVENT THAT ANY SUMS ARE RECEIVED BY AGENT FROM OR ON
BEHALF OF BORROWER AFTER THE APPLICABLE TIME LIMIT SET FORTH IN THIS
SECTION 2.5(A), SUCH SUMS SHALL BE TREATED AS BEING RECEIVED BY AGENT ON THE
IMMEDIATELY SUCCEEDING BUSINESS DAY FOR ALL PURPOSES AND BORROWER SHALL BE
RESPONSIBLE FOR ANY COSTS DETERMINED TO ACTUALLY HAVE BEEN INCURRED BY AGENT AND
LENDERS AS A RESULT THEREOF, INCLUDING ANY ADDITIONAL INTEREST AND OVERDRAFT
CHARGES.
(B)
PAYMENT ON A NON-BUSINESS DAY.
WHENEVER ANY PAYMENT TO BE MADE
UNDER THE LOAN DOCUMENTS SHALL BE STATED TO BE DUE, OR IF THE MATURITY DATE
WOULD OTHERWISE OCCUR, ON A DAY WHICH IS NOT A BUSINESS DAY, SUCH PAYMENT SHALL
BE MADE, AND THE MATURITY DATE SHALL OCCUR, AS APPLICABLE, ON THE IMMEDIATELY
SUCCEEDING BUSINESS DAY. ANY SUCH EXTENSION OF TIME SHALL BE INCLUDED IN THE
COMPUTATION OF PAYMENT OF INTEREST (INCLUDING INTEREST AT THE DEFAULT RATE),
FEES, AND ADDITIONAL INTEREST.
(C)
DEFAULT RATE.
(I)
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN
ANOTHER LOAN DOCUMENT, IF