OR IN THE APPLICABLE ALTERNATIVE CURRENCY NO LATER THAN 1:00 P.M.
(CHICAGO
TIME) ON THE DAY WHEN DUE TO THE ADMINISTRATIVE AGENT IN SAME DAY FUNDS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ADMINISTRATIVE AGENT MAY
REQUIRE THAT ANY PAYMENTS DUE UNDER THIS AGREEMENT BE MADE IN THE UNITED
STATES.
IF, FOR ANY REASON, THE BORROWER IS PROHIBITED BY ANY APPLICABLE LAW
FROM MAKING ANY REQUIRED PAYMENT HEREUNDER IN AN ALTERNATIVE CURRENCY, THE
BORROWER SHALL MAKE SUCH PAYMENT IN DOLLARS IN THE DOLLAR EQUIVALENT OF THE
ALTERNATIVE CURRENCY PAYMENT AMOUNT.
ALL PAYMENTS IN RESPECT OF PRINCIPAL OF OR
INTEREST ON LOANS OR LETTER OF CREDIT OBLIGATIONS SHALL (UNLESS OTHERWISE
SPECIFIED HEREIN) BE MADE BY THE BORROWER TO THE ADMINISTRATIVE AGENT FOR THE
ACCOUNT OF THE LENDERS PRO RATA ACCORDING TO THE RESPECTIVE UNPAID PRINCIPAL
AMOUNTS OF THE LOANS MADE BY THEM OR TO THEIR RESPECTIVE PARTICIPATION OR OTHER
INTERESTS IN SUCH LETTER OF CREDIT OBLIGATIONS, AS THE CASE MAY BE.
THE PAYMENT
OF ALL FEES REFERRED TO IN SECTION 2.14 AND SECTION 3.3 SHALL (UNLESS OTHERWISE
SPECIFIED THEREIN) BE MADE BY THE BORROWER TO THE ADMINISTRATIVE AGENT FOR THE
ACCOUNT OF THE LENDERS ENTITLED THERETO.
ALL OTHER AMOUNTS PAYABLE TO THE
ADMINISTRATIVE AGENT OR ANY LENDER UNDER THIS AGREEMENT OR ANY OTHER LOAN
DOCUMENT SHALL BE PAID TO THE ADMINISTRATIVE AGENT FOR
17
THE ACCOUNT OF THE PERSON ENTITLED THERETO.
UPON ITS ACCEPTANCE OF AN
ASSIGNMENT AND ACCEPTANCE AND RECORDING OF THE INFORMATION CONTAINED THEREIN IN
THE REGISTER PURSUANT TO SECTION 9.7(D), FROM AND AFTER THE EFFECTIVE DATE
SPECIFIED IN SUCH ASSIGNMENT AND ACCEPTANCE, THE ADMINISTRATIVE AGENT SHALL MAKE
ALL PAYMENTS HEREUNDER IN RESPECT OF THE INTEREST ASSIGNED THEREBY TO THE LENDER
ASSIGNEE THEREUNDER, AND THE PARTIES TO SUCH ASSIGNMENT AND ACCEPTANCE SHALL
MAKE ALL APPROPRIATE ADJUSTMENTS IN SUCH PAYMENTS FOR PERIODS PRIOR TO SUCH
EFFECTIVE DATE DIRECTLY BETWEEN THEMSELVES.
THE ADMINISTRATIVE AGENT SHALL
PROMPTLY REMIT TO EACH LENDER IN IMMEDIATELY AVAILABLE FUNDS AND IN DOLLARS SUCH
LENDER'S SHARE OF ALL SUCH PAYMENTS RECEIVED BY THE ADMINISTRATIVE AGENT FOR THE
ACCOUNT OF SUCH LENDER.
(B)
ALL COMPUTATIONS OF INTEREST OR FEES HEREUNDER OR UNDER ANY OTHER
LOAN DOCUMENT SHALL BE MADE BY THE ADMINISTRATIVE AGENT ON THE BASIS OF A YEAR
OF 360 DAYS, EXCEPT THAT, WITH RESPECT TO BASE RATE LOANS, THE INTEREST THEREON
SHALL BE CALCULATED ON THE BASIS OF A YEAR OF 365 OR 366 DAYS, AS THE CASE MAY
BE, IN EACH CASE FOR THE ACTUAL NUMBER OF DAYS (INCLUDING THE FIRST DAY BUT
EXCLUDING THE LAST DAY) OCCURRING IN THE PERIOD FOR WHICH SUCH INTEREST OR FEES
ARE PAYABLE.
EACH DETERMINATION BY THE ADMINISTRATIVE AGENT OF AN INTEREST RATE
HEREUNDER SHALL BE CONCLUSIVE AND BINDING FOR ALL PURPOSES, ABSENT MANIFEST
ERROR.
(C)
WHENEVER ANY PAYMENT HEREUNDER SHALL BE STATED TO BE DUE ON A DAY
OTHER THAN A BUSINESS DAY, SUCH PAYMENT SHALL BE MADE ON THE NEXT SUCCEEDING
BUSINESS DAY, AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN