FORTH HEREINABOVE WITH RESPECT TO DISTRIBUTIONS OF
AMOUNTS TO THE LENDERS.
(C)
UNLESS THE ADMINISTRATIVE AGENT SHALL HAVE
RECEIVED WRITTEN NOTICE FROM THE APPLICABLE BORROWER PRIOR TO THE DATE ON WHICH
ANY PAYMENT IS DUE TO ANY LENDER HEREUNDER THAT SUCH PAYMENT WILL NOT BE MADE IN
FULL, THE ADMINISTRATIVE AGENT MAY ASSUME THAT SUCH BORROWER HAS MADE SUCH
PAYMENT IN FULL TO THE ADMINISTRATIVE AGENT ON SUCH DATE, AND THE ADMINISTRATIVE
AGENT MAY, IN RELIANCE ON SUCH ASSUMPTION, BUT SHALL NOT BE OBLIGATED TO, CAUSE
TO BE DISTRIBUTED TO SUCH LENDER ON SUCH DUE DATE AN AMOUNT EQUAL TO THE AMOUNT
THEN DUE TO SUCH LENDER.
IF AND TO THE EXTENT SUCH BORROWER SHALL NOT HAVE SO
MADE SUCH PAYMENT IN FULL TO THE ADMINISTRATIVE AGENT, AND WITHOUT LIMITING THE
OBLIGATION OF SUCH BORROWER TO MAKE SUCH PAYMENT IN ACCORDANCE WITH THE TERMS
HEREOF, SUCH LENDER SHALL REPAY TO THE ADMINISTRATIVE AGENT FORTHWITH ON DEMAND
SUCH AMOUNT SO DISTRIBUTED TO SUCH LENDER, TOGETHER WITH INTEREST THEREON FOR
EACH DAY FROM THE DATE SUCH AMOUNT IS SO DISTRIBUTED TO SUCH LENDER UNTIL THE
DATE REPAID TO THE ADMINISTRATIVE AGENT, AT THE FEDERAL FUNDS RATE.
(D)
ALL COMPUTATIONS OF INTEREST AND FEES
HEREUNDER (INCLUDING COMPUTATIONS OF THE RESERVE REQUIREMENT) SHALL BE MADE ON
THE BASIS OF A YEAR CONSISTING OF (I) IN THE CASE OF INTEREST ON BASE RATE
LOANS, 365/366 DAYS, AS THE CASE MAY BE, (II) IN THE CASE OF INTEREST ON FOREIGN
CURRENCY REVOLVING LOANS DENOMINATED IN POUNDS STERLING, 365 DAYS, OR (III) IN
ALL OTHER INSTANCES, 360 DAYS; AND IN EACH CASE UNDER (I), (II) AND (III) ABOVE,
WITH REGARD TO THE ACTUAL NUMBER OF DAYS (INCLUDING THE FIRST DAY, BUT EXCLUDING
THE LAST DAY) ELAPSED.
51
(E)
EACH PAYMENT ON ACCOUNT OF AN AMOUNT DUE
FROM A BORROWER UNDER THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT SHALL BE MADE
IN THE APPLICABLE CURRENCY IN WHICH SUCH AMOUNT IS DENOMINATED AND IN SUCH FUNDS
AS ARE CUSTOMARY AT THE PLACE AND TIME OF PAYMENT FOR THE SETTLEMENT OF
INTERNATIONAL PAYMENTS IN SUCH CURRENCY.
WITHOUT LIMITATION OF THE FOREGOING,
ACCRUED INTEREST ON ANY FOREIGN CURRENCY REVOLVING LOANS SHALL BE PAYABLE IN THE
SAME FOREIGN CURRENCY AS SUCH LOAN.
2.13
RECOVERY OF PAYMENTS.
(A)
EACH BORROWER AGREES THAT TO THE EXTENT
SUCH BORROWER MAKES A PAYMENT OR PAYMENTS TO OR FOR THE ACCOUNT OF THE
ADMINISTRATIVE AGENT, THE SWINGLINE LENDER, ANY LENDER OR THE ISSUING LENDER,
WHICH PAYMENT OR PAYMENTS OR ANY PART THEREOF ARE SUBSEQUENTLY INVALIDATED,
DECLARED TO BE FRAUDULENT OR PREFERENTIAL, SET ASIDE OR REQUIRED TO BE REPAID TO
A TRUSTEE, RECEIVER OR ANY OTHER PARTY UNDER ANY BANKRUPTCY, INSOLVENCY OR
SIMILAR STATE OR FEDERAL LAW, COMMON LAW OR EQUITABLE CAUSE (WHETHER AS A RESULT
OF ANY DEMAND, SETTLEMENT, LITIGATION OR OTHERWISE), THEN, TO THE EXTENT OF SUCH
PAYMENT OR REPAYMENT, THE OBLIGATION INTENDED TO BE SATISFIED SHALL BE REVIVED
AND CONTINUED IN FULL FORCE AND EFFECT AS IF SUCH PAYMENT HAD NOT BEEN RECEIVED.
(B)