DOCUMENTARY AGREEMENT.
(E)
FUNDING AUTHORIZATION.
THE PROCEEDS OF ALL
LOANS MADE PURSUANT TO THIS AGREEMENT SUBSEQUENT TO THE RESTATEMENT EFFECTIVE
DATE ARE TO BE FUNDED BY AGENT BY WIRE TRANSFER TO THE ACCOUNT DESIGNATED BY
BORROWER BELOW (THE "DISBURSEMENT ACCOUNT"):
Bank:
Wells Fargo Bank
ABA No.:
121-000-248
Bank Address:
2030 Main Street, Suite 900, Irvine, CA 92614
Account No.:
4159-418938
Reference:
Cherokee International
Borrower shall provide Agent with written notice of any change in the foregoing
instructions at least three (3) Business Days before the desired effective date
of such change.
8
1.2
INTEREST AND APPLICABLE MARGINS.
(A)
BORROWER SHALL PAY INTEREST TO AGENT, FOR
THE RATABLE BENEFIT OF LENDERS, IN ACCORDANCE WITH THE VARIOUS LOANS BEING MADE
BY EACH LENDER, IN ARREARS ON EACH APPLICABLE INTEREST PAYMENT DATE, AT THE
FOLLOWING RATES:
(I) WITH RESPECT TO THE REVOLVING CREDIT ADVANCES WHICH ARE
DESIGNATED AS INDEX RATE LOANS (AND FOR ALL OTHER OBLIGATIONS NOT OTHERWISE SET
FORTH BELOW), THE INDEX RATE PLUS THE APPLICABLE REVOLVER INDEX MARGIN PER ANNUM
OR, WITH RESPECT TO REVOLVING CREDIT ADVANCES WHICH ARE DESIGNATED AS LIBOR
LOANS, THE APPLICABLE LIBOR RATE PLUS THE APPLICABLE REVOLVER LIBOR MARGIN PER
ANNUM;
AND (II)
WITH RESPECT TO THE SWING LINE LOAN, THE INDEX RATE PLUS THE
APPLICABLE REVOLVER INDEX MARGIN PER ANNUM.
The Applicable Margins are as follows:
Applicable Revolver Index Margin
1.00
%
Applicable Revolver LIBOR Margin
2.50
%
Applicable L/C Margin
2.50
%
Applicable Unused Line Fee Margin
0.50
%
(B)
IF ANY PAYMENT ON ANY LOAN BECOMES DUE AND
PAYABLE ON A DAY OTHER THAN A BUSINESS DAY, THE MATURITY THEREOF WILL BE
EXTENDED TO THE NEXT SUCCEEDING BUSINESS DAY (EXCEPT AS SET FORTH IN THE
DEFINITION OF LIBOR PERIOD) AND, WITH RESPECT TO PAYMENTS OF PRINCIPAL, INTEREST
THEREON SHALL BE PAYABLE AT THE THEN APPLICABLE RATE DURING SUCH EXTENSION.
(C)
ALL COMPUTATIONS OF FEES CALCULATED ON A
PER ANNUM BASIS AND INTEREST ON LIBOR LOANS SHALL BE MADE BY AGENT ON THE BASIS
OF A 360-DAY YEAR, IN EACH CASE FOR THE ACTUAL NUMBER OF DAYS OCCURRING IN THE
PERIOD FOR WHICH SUCH FEES AND SUCH INTEREST ARE PAYABLE.
ALL COMPUTATIONS OF
INTEREST ON INDEX RATE LOANS SHALL BE MADE BY AGENT ON THE BASIS OF A 365 OR
366-DAY YEAR, AS APPLICABLE, FOR THE ACTUAL NUMBER OF DAYS OCCURRING IN THE
PERIOD FOR WHICH SUCH INTEREST IS PAYABLE.
THE INDEX RATE IS A FLOATING RATE
DETERMINED FOR EACH DAY.
EACH DETERMINATION BY AGENT OF AN INTEREST RATE AND
FEES HEREUNDER SHALL BE FINAL, BINDING AND CONCLUSIVE ON BORROWER, ABSENT
MANIFEST ERROR.
(D)
SO LONG AS AN EVENT OF DEFAULT HAS OCCURRED
AND IS CONTINUING UNDER SECTION 6.1(A), (F) OR (G) AND WITHOUT NOTICE OF ANY
KIND, OR SO LONG AS ANY OTHER EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING
AND AT THE ELECTION OF AGENT (OR UPON THE WRITTEN REQUEST OF REQUISITE LENDERS)
CONFIRMED BY WRITTEN NOTICE FROM AGENT TO BORROWER, THE INTEREST RATES
APPLICABLE TO THE LOANS AND THE LETTER