LENDER THE THEN UNPAID PRINCIPAL AMOUNT OF EACH TERM LOAN OF
SUCH LENDER AS PROVIDED IN SECTION 2.10 AND (III) TO THE SWINGLINE LENDER THE
THEN UNPAID PRINCIPAL AMOUNT OF EACH SWINGLINE LOAN ON THE EARLIER OF (A) THE
REVOLVING MATURITY DATE AND (B) THE FIRST DATE AFTER SUCH SWINGLINE LOAN IS MADE
THAT IS THE 15TH OR LAST DAY OF A CALENDAR MONTH AND IS AT LEAST TWO BUSINESS
DAYS AFTER SUCH SWINGLINE LOAN IS MADE, PROVIDED THAT ON EACH DATE THAT A
REVOLVING BORROWING IS MADE, THE BORROWER SHALL REPAY ALL SWINGLINE LOANS THAT
WERE OUTSTANDING ON THE DATE SUCH BORROWING WAS REQUESTED.
(B)
EACH LENDER SHALL MAINTAIN IN ACCORDANCE WITH ITS USUAL PRACTICE AN ACCOUNT
OR ACCOUNTS EVIDENCING THE INDEBTEDNESS OF THE BORROWER TO SUCH LENDER RESULTING
FROM EACH LOAN MADE BY SUCH LENDER, INCLUDING THE AMOUNTS OF PRINCIPAL AND
INTEREST PAYABLE AND PAID TO SUCH LENDER FROM TIME TO TIME HEREUNDER.
(C)
THE ADMINISTRATIVE AGENT SHALL MAINTAIN ACCOUNTS IN WHICH IT SHALL RECORD
(I) THE AMOUNT OF EACH LOAN MADE HEREUNDER, THE CLASS AND TYPE THEREOF AND THE
INTEREST PERIOD APPLICABLE THERETO, (II) THE AMOUNT OF ANY PRINCIPAL OR INTEREST
DUE AND PAYABLE OR TO BECOME DUE AND PAYABLE FROM THE BORROWER TO EACH LENDER
HEREUNDER AND (III) THE AMOUNT OF ANY SUM RECEIVED BY THE ADMINISTRATIVE AGENT
HEREUNDER FOR THE ACCOUNT OF THE LENDERS AND EACH LENDER'S SHARE THEREOF.
39
(D)
THE ENTRIES MADE IN THE ACCOUNTS MAINTAINED PURSUANT TO PARAGRAPH (B) OR
(C) OF THIS SECTION SHALL BE PRIMA FACIE EVIDENCE OF THE EXISTENCE AND AMOUNTS
OF THE OBLIGATIONS RECORDED THEREIN; PROVIDED THAT THE FAILURE OF ANY LENDER OR
THE ADMINISTRATIVE AGENT TO MAINTAIN SUCH ACCOUNTS OR ANY ERROR THEREIN SHALL
NOT IN ANY MANNER AFFECT THE OBLIGATION OF THE BORROWER TO REPAY THE LOANS AND
PAY INTEREST THEREON IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
(E)
ANY LENDER MAY REQUEST THAT LOANS OF ANY CLASS MADE BY IT BE EVIDENCED BY A
PROMISSORY NOTE.
IN SUCH EVENT, THE BORROWER SHALL PREPARE, EXECUTE AND DELIVER
TO SUCH LENDER A PROMISSORY NOTE PAYABLE TO THE ORDER OF SUCH LENDER (OR, IF
REQUESTED BY SUCH LENDER, TO SUCH LENDER AND ITS REGISTERED ASSIGNS) AND IN A
FORM APPROVED BY THE ADMINISTRATIVE AGENT.
SECTION 2.10.
AMORTIZATION OF TERM LOANS.
(A)
SUBJECT TO ADJUSTMENT PURSUANT
TO PARAGRAPH (D) OF THIS SECTION, THE BORROWER SHALL REPAY THE TRANCHE A TERM
BORROWINGS ON EACH DATE SET FORTH BELOW IN THE AGGREGATE PRINCIPAL AMOUNT SET
FORTH OPPOSITE SUCH DATE:
Date
Amount
June 30, 2007
$
2,500,000.00
September 30, 2007
$
2,500,000.00
December 31, 2007
$
2,500,000.00
March 31, 2008
$
2,500,000.00
June 30, 2008
$
2,500,000.00
September 30, 2008
$
2,500,000.00
December 31, 2008
$
2,500,000.00
March 31, 2009
$
2,500,000.00
June 30, 2009
$
2,500,000.00
September 30, 2009
$
2,500,000.00
December 31, 2009
$
2,500,000.00
March 31, 2010
$
2,500,000.00
June 30, 2010
$
2,500,000.00
September 30, 2010
$
2,500,000.00
40
December 31, 2010
$
2,500,000.00
March