READILY AVAILABLE;
(N)
IS NOT COVERED BY CASUALTY INSURANCE
REASONABLY ACCEPTABLE TO AGENT;
(O)
WITH RESPECT TO WHICH THERE EXISTS ANY LIEN
(OTHER THAN PERMITTED ENCUMBRANCES) IN FAVOR OF ANY PERSON OTHER THAN AGENT; OR
18
(P)
IS PRODUCED IN VIOLATION OF THE FAIR LABOR
STANDARDS ACT AND SUBJECT TO THE SO-CALLED "HOT GOODS" PROVISIONS SET FORTH IN
TITLE 25 U.S.C. 215(A)(I).
1.9
LOAN ACCOUNTS.
AGENT SHALL MAINTAIN A LOAN
ACCOUNT (THE "LOAN ACCOUNT") ON ITS BOOKS TO RECORD:
ALL ADVANCES, ALL PAYMENTS
MADE BY BORROWER, AND
ALL OTHER DEBITS AND CREDITS AS PROVIDED IN THIS
AGREEMENT WITH RESPECT TO THE LOANS OR ANY OTHER OBLIGATIONS.
ALL ENTRIES IN
THE LOAN ACCOUNT SHALL BE MADE IN ACCORDANCE WITH AGENT'S CUSTOMARY ACCOUNTING
PRACTICES AS IN EFFECT FROM TIME TO TIME.
THE BALANCE IN THE LOAN ACCOUNT, AS
RECORDED ON AGENT'S MOST RECENT PRINTOUT OR OTHER WRITTEN STATEMENT, SHALL,
ABSENT MANIFEST ERROR, BE PRESUMPTIVE EVIDENCE OF THE AMOUNTS DUE AND OWING TO
AGENT AND LENDERS BY BORROWER; PROVIDED THAT ANY FAILURE TO SO RECORD OR ANY
ERROR IN SO RECORDING SHALL NOT LIMIT OR OTHERWISE AFFECT BORROWER'S DUTY TO PAY
THE OBLIGATIONS.
AGENT SHALL RENDER TO BORROWER A MONTHLY ACCOUNTING OF
TRANSACTIONS WITH RESPECT TO THE LOANS SETTING FORTH THE BALANCE OF THE LOAN
ACCOUNT FOR THE IMMEDIATELY PRECEDING MONTH.
UNLESS BORROWER NOTIFIES AGENT IN
WRITING OF ANY OBJECTION TO ANY SUCH ACCOUNTING (SPECIFICALLY DESCRIBING THE
BASIS FOR SUCH OBJECTION), WITHIN SIXTY (60) DAYS AFTER THE DATE THEREOF, EACH
AND EVERY SUCH ACCOUNTING SHALL, ABSENT MANIFEST ERROR, BE DEEMED FINAL, BINDING
AND CONCLUSIVE ON BORROWER IN ALL RESPECTS AS TO ALL MATTERS REFLECTED THEREIN.
ONLY THOSE ITEMS EXPRESSLY OBJECTED TO IN SUCH NOTICE SHALL BE DEEMED TO BE
DISPUTED BY BORROWER.
NOTWITHSTANDING ANY PROVISION HEREIN CONTAINED TO THE
CONTRARY, ANY LENDER MAY ELECT (WHICH ELECTION MAY BE REVOKED) TO DISPENSE WITH
THE ISSUANCE OF NOTES TO THAT LENDER AND MAY RELY ON THE LOAN ACCOUNT AS
EVIDENCE OF THE AMOUNT OF OBLIGATIONS FROM TIME TO TIME OWING TO IT.
1.10
YIELD PROTECTION; ILLEGALITY.
(A)
CAPITAL ADEQUACY AND OTHER ADJUSTMENTS.
IN
THE EVENT THAT ANY LENDER SHALL HAVE DETERMINED THAT THE ADOPTION AFTER THE
LATER OF (X) THE DATE HEREOF OR (Y) THE DATE SUCH LENDER BECAME A PARTY HERETO
OF ANY LAW, TREATY, GOVERNMENTAL (OR QUASI-GOVERNMENTAL) RULE, REGULATION,
GUIDELINE OR ORDER REGARDING CAPITAL ADEQUACY, RESERVE REQUIREMENTS OR SIMILAR
REQUIREMENTS OR COMPLIANCE BY ANY LENDER OR ANY CORPORATION CONTROLLING SUCH
LENDER WITH ANY REQUEST OR DIRECTIVE REGARDING CAPITAL ADEQUACY, RESERVE
REQUIREMENTS OR SIMILAR REQUIREMENTS (WHETHER OR NOT HAVING THE FORCE OF LAW AND
WHETHER OR NOT FAILURE TO COMPLY THEREWITH WOULD BE UNLAWFUL) FROM ANY CENTRAL
BANK OR GOVERNMENTAL AGENCY OR BODY HAVING JURISDICTION DOES OR SHALL HAVE THE
EFFECT OF INCREASING THE AMOUNT OF CAPITAL, RESERVES OR OTHER FUNDS REQUIRED TO
BE MAINTAINED BY SUCH LENDER OR ANY CORPORATION CONTROLLING SUCH LENDER AND
THEREBY REDUCING THE RATE OF RETURN ON SUCH LENDER'S OR SUCH CORPORATION'S
CAPITAL AS A CONSEQUENCE OF ITS