PRINCIPAL AMOUNT OF LOANS EVIDENCED THEREBY.
FAILURE TO MAKE ANY
SUCH NOTATION OR ANY ERROR IN SUCH NOTATION SHALL NOT AFFECT THE BORROWER'S
OBLIGATIONS IN RESPECT OF SUCH LOANS.
(C)
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ABOVE IN
THIS SECTION 2.05 OR ELSEWHERE IN THIS AGREEMENT, NOTES SHALL ONLY BE DELIVERED
TO LENDERS WHICH AT ANY TIME SPECIFICALLY REQUEST THE DELIVERY OF SUCH NOTES.
NO FAILURE OF ANY LENDER TO REQUEST OR OBTAIN A NOTE EVIDENCING ITS LOANS TO THE
BORROWER SHALL AFFECT OR IN ANY MANNER IMPAIR THE OBLIGATIONS OF THE BORROWER TO
PAY THE LOANS (AND ALL RELATED OBLIGATIONS) INCURRED BY THE BORROWER WHICH WOULD
OTHERWISE BE EVIDENCED THEREBY IN ACCORDANCE WITH THE REQUIREMENTS OF THIS
AGREEMENT,
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AND SHALL NOT IN ANY WAY AFFECT THE SECURITY OR GUARANTIES THEREFOR PROVIDED
PURSUANT TO THE VARIOUS BRIDGE LOAN DOCUMENTS.
ANY LENDER WHICH DOES NOT HAVE A
NOTE EVIDENCING ITS OUTSTANDING LOANS SHALL IN NO EVENT BE REQUIRED TO MAKE THE
NOTATIONS OTHERWISE DESCRIBED IN PRECEDING CLAUSE (B).
AT ANY TIME WHEN ANY
LENDER REQUESTS THE DELIVERY OF A NOTE TO EVIDENCE ANY OF ITS LOANS, THE
BORROWER SHALL PROMPTLY EXECUTE AND DELIVER TO THE RESPECTIVE LENDER THE
REQUESTED NOTE IN THE APPROPRIATE AMOUNT OR AMOUNTS TO EVIDENCE SUCH LOANS.
2.06.
[Intentionally Omitted].
2.07.
Pro Rata Borrowings.
All Borrowings of Initial
Loans under this Agreement shall be incurred from the Lenders pro rata on the
basis of their Commitments.
It is understood that no Lender shall be
responsible for any default by any other Lender of its obligation to make Loans
hereunder and that each Lender shall be obligated to make the Loans provided to
be made by it hereunder, regardless of the failure of any other Lender to make
its Loans hereunder.
2.08.
Interest.
(a)
[Intentionally Omitted].
(B)
THE BORROWER AGREES TO PAY INTEREST (X) IN RESPECT OF THE
UNPAID PRINCIPAL AMOUNT OF EACH INITIAL LOAN FROM THE DATE OF BORROWING THEREOF
UNTIL THE MATURITY THEREOF (WHETHER BY ACCELERATION OR OTHERWISE) AT A RATE PER
ANNUM WHICH SHALL, DURING EACH INTEREST PERIOD, BE EQUAL TO THE SUM OF THE
RELEVANT SPREAD AS IN EFFECT FROM TIME TO TIME DURING SUCH INTEREST PERIOD PLUS
THE EURODOLLAR RATE FOR SUCH INTEREST PERIOD; PROVIDED THAT THE PER ANNUM
INTEREST RATE ON THE INITIAL LOANS SHALL NOT EXCEED THE CAP RATE; AND (Y) IN
RESPECT OF THE UNPAID PRINCIPAL AMOUNT OF EACH EXTENDED LOAN FROM THE INITIAL
MATURITY DATE UNTIL THE MATURITY THEREOF (WHETHER BY ACCELERATION OR OTHERWISE)
AT A RATE PER ANNUM WHICH SHALL BE EQUAL TO THE CAP RATE.
(C)
OVERDUE PRINCIPAL AND, TO THE EXTENT PERMITTED BY LAW,
OVERDUE INTEREST IN RESPECT OF EACH LOAN SHALL, IN EACH CASE, BEAR INTEREST AT A
RATE PER ANNUM EQUAL TO THE RATE WHICH IS 2% IN EXCESS OF THE RATE OTHERWISE
THEN APPLICABLE TO SUCH LOAN AND ALL OTHER OVERDUE AMOUNTS PAYABLE HEREUNDER.
WITHOUT LIMITING THE FOREGOING, IF ANY INITIAL LOANS REMAIN OUTSTANDING AFTER
THE INITIAL MATURITY DATE (I.E., IF ONE