AND (Y) A RATE DETERMINED BY THE ADMINISTRATIVE
AGENT IN ACCORDANCE WITH BANKING INDUSTRY RULES ON INTERBANK COMPENSATION OR
(II) IF PAID BY THE BORROWER, THE THEN-APPLICABLE RATE OF INTEREST FOR ABR
LOANS.
(C)
NOTHING IN THIS SECTION 2.4 SHALL BE DEEMED TO RELIEVE ANY LENDER
FROM ITS OBLIGATION TO FULFILL ITS COMMITMENTS HEREUNDER OR TO PREJUDICE ANY
RIGHTS THAT THE BORROWER MAY HAVE AGAINST ANY LENDER AS A RESULT OF ANY DEFAULT
BY SUCH LENDER HEREUNDER (IT BEING UNDERSTOOD, HOWEVER, THAT NO LENDER SHALL BE
RESPONSIBLE FOR THE FAILURE OF ANY OTHER LENDER TO FULFILL ITS COMMITMENTS
HEREUNDER).
2.5.
Repayment of Loans; Evidence of Debt.
(A)
THE BORROWER SHALL REPAY TO THE ADMINISTRATIVE AGENT IN DOLLARS,
FOR THE BENEFIT OF THE LENDERS, ON THE MATURITY DATE, THE THEN-UNPAID REVOLVING
CREDIT LOANS.
THE BORROWER SHALL REPAY TO THE ADMINISTRATIVE AGENT IN DOLLARS,
FOR THE ACCOUNT OF THE SWINGLINE LENDER, ON THE SWINGLINE MATURITY DATE, THE
THEN-UNPAID SWINGLINE LOANS.
THE BORROWER SHALL REPAY TO THE ADMINISTRATIVE
AGENT THE THEN-UNPAID AMOUNT OF EACH PROTECTIVE ADVANCE ON THE EARLIER OF THE
MATURITY DATE AND DEMAND BY THE ADMINISTRATIVE AGENT.
40
(B)
ON EACH BUSINESS DAY DURING ANY CASH DOMINION PERIOD, THE
ADMINISTRATIVE AGENT SHALL APPLY ALL FUNDS CREDITED TO THE COLLECTION ACCOUNT
THE PREVIOUS BUSINESS DAY (WHETHER OR NOT IMMEDIATELY AVAILABLE) FIRST TO PREPAY
ANY PROTECTIVE ADVANCES THAT MAY BE OUTSTANDING, SECOND TO PREPAY ANY SWINGLINE
LOANS OUTSTANDING, THIRD TO PREPAY ANY REVOLVING CREDIT LOANS AND FOURTH TO CASH
COLLATERALIZE OUTSTANDING LETTER OF CREDIT EXPOSURE AT ONE HUNDRED FIVE PERCENT
(105%).
(C)
EACH LENDER SHALL MAINTAIN IN ACCORDANCE WITH ITS USUAL PRACTICE
AN ACCOUNT OR ACCOUNTS EVIDENCING THE INDEBTEDNESS OF THE BORROWER TO THE
APPROPRIATE LENDING OFFICE OF SUCH LENDER RESULTING FROM EACH LOAN MADE BY SUCH
LENDING OFFICE OF SUCH LENDER FROM TIME TO TIME, INCLUDING THE AMOUNTS OF
PRINCIPAL AND INTEREST PAYABLE AND PAID TO SUCH LENDING OFFICE OF SUCH LENDER
FROM TIME TO TIME UNDER THIS AGREEMENT.
(D)
THE ADMINISTRATIVE AGENT SHALL MAINTAIN THE REGISTER PURSUANT TO
SECTION 14.6(B), AND A SUBACCOUNT FOR EACH LENDER, IN WHICH REGISTER AND
SUBACCOUNTS (TAKEN TOGETHER) SHALL BE RECORDED (I) THE AMOUNT OF EACH LOAN MADE
HEREUNDER, WHETHER SUCH LOAN IS A REVOLVING CREDIT LOAN, A SWINGLINE LOAN OR A
PROTECTIVE ADVANCE, THE TYPE OF EACH LOAN MADE AND THE INTEREST PERIOD
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, THE SWINGLINE
LENDER OR THE ADMINISTRATIVE AGENT HEREUNDER AND (III) THE AMOUNT OF ANY SUM
RECEIVED BY THE ADMINISTRATIVE AGENT HEREUNDER FROM THE BORROWER AND EACH
LENDER'S SHARE THEREOF.
(E)
THE ENTRIES MADE IN THE REGISTER AND ACCOUNTS AND SUBACCOUNTS
MAINTAINED PURSUANT TO PARAGRAPHS (C) AND (D) OF THIS SECTION 2.5 SHALL, TO THE
EXTENT PERMITTED BY APPLICABLE LAW, BE PRIMA FACIE EVIDENCE OF THE EXISTENCE AND
AMOUNTS OF THE OBLIGATIONS OF THE BORROWER THEREIN RECORDED; PROVIDED, HOWEVER,
THAT THE FAILURE OF ANY LENDER OR THE