WITHOUT LIMITATION, ANY LOSS, COST OR EXPENSES INCURRED BY REASON OF
THE ACQUISITION OF DEPOSITS OR OTHER FUNDS BY SUCH LENDER TO FULFILL DEPOSIT
OBLIGATIONS INCURRED IN ANTICIPATION OF SUCH PREPAYMENT.
ANY LENDER DEMANDING
SUCH PAYMENT SHALL DELIVER TO THE BORROWERS SIMULTANEOUSLY WITH SUCH DEMAND ONE
OR MORE CERTIFICATES SETTING FORTH THE AMOUNT OF SUCH LOSS AS DETERMINED BY SUCH
LENDER AND SETTING FORTH IN REASONABLE DETAIL THE MANNER IN WHICH SUCH AMOUNT
WAS DETERMINED.
(D)
WHENEVER ANY PARTIAL PREPAYMENT OF LOANS IS TO BE APPLIED TO LIBOR
LOANS, SUCH LIBOR LOANS SHALL, UNLESS THE BORROWERS OTHERWISE DIRECT, BE PREPAID
IN THE CHRONOLOGICAL ORDER OF THEIR INTEREST PAYMENT DATES.
SECTION 2.20
Maintenance of Loan Account; Statements of Account.
(A)
THE ADMINISTRATIVE AGENT SHALL MAINTAIN AN ACCOUNT ON ITS BOOKS IN
THE NAME OF THE BORROWERS (THE "LOAN ACCOUNT") WHICH WILL REFLECT (I) ALL LOANS
MADE BY THE LENDERS TO THE BORROWERS OR FOR THE BORROWERS' ACCOUNT, (II) ALL L/C
DISBURSEMENTS, FEES AND INTEREST THAT HAVE BECOME PAYABLE AS HEREIN SET FORTH,
AND (III) ANY AND ALL OTHER MONETARY OBLIGATIONS THAT HAVE BECOME PAYABLE.
(B)
THE LOAN ACCOUNT WILL BE CREDITED WITH ALL AMOUNTS RECEIVED BY THE
ADMINISTRATIVE AGENT FROM THE BORROWERS, INCLUDING ALL AMOUNTS RECEIVED IN THE
COLLECTION ACCOUNT FROM ANY CONCENTRATION ACCOUNT, ON THE DATE SUCH AMOUNTS ARE
RECEIVED AND THE AMOUNTS SO CREDITED SHALL BE APPLIED AS SET FORTH IN
SECTION 2.22(A) AND (B).
AFTER THE END OF EACH MONTH, THE ADMINISTRATIVE AGENT
SHALL SEND TO THE BORROWERS A STATEMENT ACCOUNTING FOR THE CHARGES, LOANS,
ADVANCES AND OTHER TRANSACTIONS OCCURRING AMONG AND BETWEEN THE ADMINISTRATIVE
AGENT, THE LENDERS AND THE BORROWERS DURING THAT MONTH.
THE MONTHLY STATEMENTS
SHALL, ABSENT MANIFEST ERROR, BE AN ACCOUNT STATED, WHICH IS FINAL, CONCLUSIVE
AND BINDING ON THE LOAN PARTIES.
(C)
THE ADMINISTRATIVE AGENT, WITHOUT THE CONSENT OR REQUEST OF THE
BORROWERS, MAY ADVANCE ANY INTEREST, FEE, SERVICE CHARGE, COST, CHARGE, EXPENSE,
OR OTHER PAYMENT TO WHICH ANY LENDER OR ANY AGENT IS ENTITLED FROM THE LOAN
PARTIES PURSUANT TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND MAY CHARGE THE
SAME TO THE LOAN ACCOUNT BY ADDING SUCH AMOUNT TO THE PRINCIPAL BALANCE OF THE
LOAN ACCOUNT, NOTWITHSTANDING THAT AN OVERADVANCE MAY RESULT THEREBY.
THE
ADMINISTRATIVE AGENT SHALL ADVISE THE BORROWERS OF ANY SUCH ADVANCE OR CHARGE
PROMPTLY AFTER THE MAKING THEREOF.
SUCH ACTION ON THE PART OF THE
ADMINISTRATIVE AGENT SHALL NOT CONSTITUTE
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A WAIVER OF EITHER THE ADMINISTRATIVE AGENT'S OR ANY LENDER'S RIGHTS UNDER, OR
THE LOAN PARTIES' OBLIGATIONS TO MAKE ANY PAYMENT REQUIRED PURSUANT TO, THIS
AGREEMENT OR ANY OTHER LOAN DOCUMENT.
SECTION 2.21
Cash Receipts.
(A)
(I) ANNEXED HERETO AS SCHEDULE 2.21(A)(I) IS A LIST OF ALL DDAS
AND ACCOUNTS MAINTAINED BY THE LOAN PARTIES INTO WHICH MORE THAN ONE DDA
DEPOSITS OR TRANSFERS FUNDS (THE "CONCENTRATION ACCOUNTS") AS OF THE DATE
HEREOF, WHICH SCHEDULE INCLUDES, WITH RESPECT TO EACH CONCENTRATION ACCOUNT
DEPOSITORY (1) THE NAME AND ADDRESS OF THAT DEPOSITORY; (2) THE ACCOUNT
NUMBER(S) MAINTAINED