the requested Borrowing shall be an ABR Borrowing.
If no
Interest Period with respect to any Eurodollar Borrowing is specified in any
such notice, then the Borrower shall be deemed to have selected an Interest
Period of one month's duration.
The Administrative
40
Agent shall promptly advise the Lenders of any notice given pursuant to
this Section 2.03, and of each such Lender's portion of the requested Borrowing.
SECTION 2.04. REPAYMENT OF LOANS; EVIDENCE OF DEBT.
(A)
THE BORROWER HEREBY
UNCONDITIONALLY PROMISES TO PAY TO THE ADMINISTRATIVE AGENT, FOR THE ACCOUNT OF
EACH (I) TERM LENDER, THE THEN UNPAID PRINCIPAL AMOUNT OF EACH TERM LOAN OF SUCH
LENDER IN SUCH AMOUNTS AND ON SUCH DATES AS PROVIDED IN SECTION 2.11 AND
(II) INCREMENTAL TERM LENDER THAT SHALL HAVE MADE OTHER TERM LOANS TO THE
BORROWER, THE THEN UNPAID PRINCIPAL AMOUNT OF EACH OTHER TERM LOAN OF SUCH
LENDER IN SUCH AMOUNTS AND ON SUCH DATES AS PROVIDED IN THE APPLICABLE
INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT.
EACH LOAN SHALL BEAR INTEREST FROM
AND INCLUDING THE DATE MADE ON THE OUTSTANDING PRINCIPAL BALANCE THEREOF AS SET
FORTH IN SECTION 2.06.
(B)
EACH LENDER SHALL MAINTAIN IN ACCORDANCE WITH ITS USUAL PRACTICE AN ACCOUNT
OR ACCOUNTS EVIDENCING THE INDEBTEDNESS TO SUCH LENDER RESULTING FROM EACH LOAN
MADE BY SUCH LENDER FROM TIME TO TIME, INCLUDING THE AMOUNTS OF PRINCIPAL AND
INTEREST PAYABLE AND PAID TO SUCH LENDER FROM TIME TO TIME UNDER THIS AGREEMENT.
(C)
THE ADMINISTRATIVE AGENT SHALL MAINTAIN ACCOUNTS IN WHICH IT WILL RECORD
(I) THE AMOUNT OF EACH LOAN MADE HEREUNDER, THE TYPE OF EACH LOAN AND THE
INTEREST PERIOD, IF ANY, 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, (III) THE AMOUNT OF ANY SUM RECEIVED BY THE ADMINISTRATIVE
AGENT HEREUNDER FROM THE BORROWER OR ANY GUARANTOR AND EACH LENDER'S SHARE
THEREOF.
(D)
THE ENTRIES MADE IN THE ACCOUNTS MAINTAINED BY THE LENDERS AND THE
ADMINISTRATIVE AGENT PURSUANT TO PARAGRAPHS (B) AND (C) ABOVE SHALL, TO THE
EXTENT PERMITTED BY APPLICABLE LAWS, BE PRIMA FACIE EVIDENCE OF THE EXISTENCE
AND AMOUNTS OF THE OBLIGATIONS THEREIN RECORDED; PROVIDED, HOWEVER, 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 IN ACCORDANCE WITH THEIR TERMS.
(E)
ANY LENDER MAY REQUEST THAT LOANS MADE BY IT HEREUNDER BE EVIDENCED BY A
PROMISSORY NOTE.
IN RESPONSE TO ANY SUCH REQUEST, THE APPLICABLE BORROWER SHALL
PREPARE, EXECUTE AND DELIVER TO SUCH LENDER A PROMISSORY NOTE PAYABLE TO SUCH
LENDER AND ITS REGISTERED ASSIGNS SUBSTANTIALLY IN THE FORM OF EXHIBIT H, WITH
THE BLANKS APPROPRIATELY FILLED IN.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, IN THE EVENT THAT ANY LENDER SHALL REQUEST AND RECEIVE SUCH A
PROMISSORY NOTE, THE LOANS EVIDENCED BY SUCH PROMISSORY NOTE AND INTEREST
PAYABLE ON SUCH LOANS SHALL AT