UNTIL THE DATE SUCH
AMOUNT IS REPAID TO THE ADMINISTRATIVE AGENT, AT (I) IN THE CASE OF THE
BORROWER, A RATE PER ANNUM EQUAL TO THE HIGHER OF THE FEDERAL FUNDS RATE AND THE
INTEREST RATE APPLICABLE THERETO PURSUANT TO SECTION 2.04 AND (II) IN THE CASE
OF SUCH LENDER, THE FEDERAL FUNDS RATE.
IF SUCH LENDER SHALL REPAY TO THE
ADMINISTRATIVE AGENT SUCH CORRESPONDING AMOUNT, SUCH AMOUNT SO REPAID SHALL
CONSTITUTE SUCH LENDER'S ADVANCE INCLUDED IN SUCH BORROWING FOR PURPOSES OF THIS
AGREEMENT.
NOTHING HEREIN SHALL AFFECT ANY RIGHTS THAT THE BORROWER MAY HAVE
AGAINST SUCH DEFAULTING LENDER.
(E)
THE FAILURE OF ANY LENDER TO MAKE THE
ADVANCE TO BE MADE BY IT AS PART OF ANY BORROWING SHALL NOT RELIEVE ANY OTHER
LENDER OF ITS OBLIGATION, IF ANY, HEREUNDER TO MAKE ITS ADVANCE ON THE DATE OF
SUCH BORROWING, BUT NO LENDER SHALL BE RESPONSIBLE FOR THE FAILURE OF ANY OTHER
LENDER TO MAKE THE ADVANCE TO BE MADE BY SUCH OTHER LENDER ON THE DATE OF ANY
BORROWING.
(F)
UNLESS CONSENTED TO BY THE LEAD ARRANGERS
IN THEIR SOLE DISCRETION, NO EURODOLLAR RATE ADVANCES MAY BE ELECTED ON THE
EFFECTIVE DATE OR PRIOR TO THE DATE 10 DAYS THEREAFTER (OR, IF EARLIER, THE
COMPLETION OF THE PRIMARY SYNDICATION OF THE COMMITMENTS AND ADVANCES HEREUNDER
AS DETERMINED BY THE LEAD ARRANGERS.
SECTION 2.03
Notes.
(A)
THE TERM LOAN BORROWINGS AND REVOLVING
ADVANCES OF EACH LENDER SHALL BE EVIDENCED BY A TERM LOAN NOTE OR REVOLVING NOTE
PAYABLE TO THE ORDER OF SUCH LENDER FOR THE ACCOUNT OF ITS APPLICABLE LENDING
OFFICE IN AN AMOUNT EQUAL TO THE AGGREGATE UNPAID PRINCIPAL AMOUNT OF SUCH
LENDER'S TERM LOANS OR REVOLVING ADVANCES.
(B)
UPON RECEIPT OF EACH LENDER'S NOTES FROM THE
BORROWER PURSUANT TO SECTION 3.02, THE ADMINISTRATIVE AGENT SHALL MAIL SUCH
NOTES TO SUCH LENDER.
EACH LENDER SHALL RECORD THE DATE, AMOUNT AND MATURITY OF
EACH ADVANCE MADE BY IT AND THE DATE AND AMOUNT OF EACH PAYMENT OF PRINCIPAL
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MADE BY THE BORROWER WITH RESPECT THERETO, AND PRIOR TO ANY TRANSFER OF ITS NOTE
SHALL ENDORSE ON THE SCHEDULE FORMING A PART THEREOF APPROPRIATE NOTATIONS TO
EVIDENCE THE FOREGOING INFORMATION WITH RESPECT TO EACH SUCH ADVANCE THEN
OUTSTANDING; PROVIDED THAT THE FAILURE OF ANY LENDER TO MAKE ANY SUCH
RECORDATION OR ENDORSEMENT, OR ANY ERROR IN SUCH RECORDATION OR ENDORSEMENT,
SHALL NOT AFFECT THE OBLIGATIONS OF THE BORROWER HEREUNDER OR UNDER THE NOTES.
EACH LENDER IS HEREBY IRREVOCABLY AUTHORIZED BY THE BORROWER SO TO ENDORSE ITS
NOTE AND TO ATTACH TO AND MAKE A PART OF ITS NOTE A CONTINUATION OF ANY SUCH
SCHEDULE AS AND WHEN REQUIRED.
SECTION 2.04
Interest Rates.
(A)
EACH BASE RATE ADVANCE SHALL BEAR INTEREST
ON THE OUTSTANDING PRINCIPAL AMOUNT THEREOF, FOR EACH DAY FROM THE DATE SUCH
ADVANCE IS MADE UNTIL IT BECOMES DUE, AT A RATE PER ANNUM EQUAL TO THE SUM OF
(I) THE APPLICABLE BASE RATE MARGIN PLUS (II) THE BASE RATE FOR SUCH DAY.
EXCEPT AS PROVIDED