THE PERIOD FROM
AND INCLUDING THE DATE FUNDS ARE SO EXPENDED BY ADMINISTRATIVE AGENT TO THE DATE
OF REPAYMENT, AND ALL SUCH AMOUNTS SHALL BE ADDITIONAL OBLIGATIONS.
THE PAYMENT
OR PERFORMANCE BY ADMINISTRATIVE AGENT OF ANY OF BORROWER'S OBLIGATIONS
HEREUNDER SHALL NOT RELIEVE BORROWER OF SAID OBLIGATIONS OR OF THE
45
CONSEQUENCES OF HAVING FAILED TO PAY OR PERFORM THE SAME, AND SHALL NOT WAIVE OR
BE DEEMED A CURE OF ANY DEFAULT.
(G)
FURTHER ASSURANCES.
BORROWER AGREES TO DO
SUCH FURTHER ACTS AND THINGS AND TO EXECUTE AND DELIVER TO ADMINISTRATIVE AGENT
SUCH ADDITIONAL LOAN AGREEMENTS, INSTRUMENTS AND DOCUMENTS AS ADMINISTRATIVE
AGENT MAY REASONABLY REQUIRE OR DEEM ADVISABLE TO ESTABLISH, PERFECT AND
MAINTAIN ADMINISTRATIVE AGENT'S SECURITY INTERESTS AND LIENS UPON THE
COLLATERAL, INCLUDING, BUT NOT LIMITED TO: (I) EXECUTING FINANCING STATEMENTS OR
AMENDMENTS THERETO WHEN AND AS REASONABLY REQUESTED BY ADMINISTRATIVE AGENT; AND
(II) IF IN THE REASONABLE JUDGMENT OF ADMINISTRATIVE AGENT IT IS REQUIRED BY
LOCAL LAW, CAUSING THE OWNERS AND/OR MORTGAGEES OF THE REAL PROPERTY ON WHICH
ANY COLLATERAL MAY BE LOCATED TO EXECUTE AND DELIVER TO ADMINISTRATIVE AGENT
WAIVERS OR SUBORDINATIONS REASONABLY SATISFACTORY TO ADMINISTRATIVE AGENT WITH
RESPECT TO ANY RIGHTS IN SUCH COLLATERAL.
(H)
INTERPRETATION; CONSTRUCTION.
(I) CAPTIONS
AND SECTION AND PARAGRAPH HEADINGS IN THIS LOAN AGREEMENT ARE INSERTED ONLY AS A
MATTER OF CONVENIENCE, AND SHALL NOT AFFECT THE INTERPRETATION HEREOF; (II) NO
PROVISION OF THIS LOAN AGREEMENT SHALL BE CONSTRUED AGAINST A PARTICULAR PERSON
OR IN FAVOR OF ANOTHER PERSON MERELY BECAUSE OF WHICH PERSON (OR ITS
REPRESENTATIVE) DRAFTED OR SUPPLIED THE WORDING FOR SUCH PROVISION; AND
(III) WHERE THE CONTEXT REQUIRES: (A) USE OF THE SINGULAR OR PLURAL INCORPORATES
THE OTHER, AND (B) PRONOUNS AND MODIFIERS IN THE MASCULINE, FEMININE OR NEUTER
GENDER SHALL BE DEEMED TO REFER TO OR INCLUDE THE OTHER GENDERS.
(I)
GOVERNING LAW.
THIS LOAN AGREEMENT, THE
NOTE AND, UNLESS OTHERWISE EXPRESSLY PROVIDED THEREIN, EACH OF THE OTHER LOAN
DOCUMENTS, SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF
ILLINOIS, NOT INCLUDING ITS CONFLICT OF LAW PROVISIONS.
(J)
SEVERABILITY OF PROVISIONS.
WHENEVER
POSSIBLE, EACH PROVISION OF THIS LOAN AGREEMENT, THE NOTE AND THE OTHER LOAN
DOCUMENTS SHALL BE INTERPRETED IN SUCH MANNER AS TO BE EFFECTIVE AND VALID UNDER
APPLICABLE LAW.
ANY PROVISION OF THIS LOAN AGREEMENT, THE NOTE OR ANY OF THE
OTHER LOAN DOCUMENTS WHICH IS PROHIBITED OR UNENFORCEABLE IN ANY JURISDICTION
SHALL, AS TO SUCH JURISDICTION, BE INEFFECTIVE ONLY TO THE EXTENT OF SUCH
PROHIBITION OR UNENFORCEABILITY WITHOUT INVALIDATING THE REMAINING PROVISIONS OF
THIS LOAN AGREEMENT, THE NOTE AND THE OTHER LOAN DOCUMENTS OR AFFECTING THE
VALIDITY OR ENFORCEABILITY OF SUCH PROVISION IN ANY OTHER JURISDICTION.
(K)
TERM.
THIS LOAN AGREEMENT SHALL BECOME
EFFECTIVE WHEN EXECUTED BY ADMINISTRATIVE AGENT AND WHEN IT SHALL HAVE RECEIVED
COUNTERPARTS HEREOF, WHEN TAKEN TOGETHER, BEAR THE SIGNATURES OF THE OTHER
PARTIES HERETO, AND SUBJECT TO THE TERMS HEREOF, SHALL CONTINUE IN EFFECT SO
LONG THEREAFTER AS THERE SHALL BE ANY MONEYS OWING HEREUNDER OR