as Commitment Fees and Facility Fees shall not exceed $300,000.
ARTICLE IV
DISBURSEMENT AND PAYMENT
SECTION 4.01
METHOD AND TIME OF PAYMENTS. (A)
THE LOAN SHALL BE MADE
BY THE LENDER FROM THE LENDER'S BRANCH OR AFFILIATE IDENTIFIED AS ITS APPLICABLE
LENDING OFFICE.
(B)
WHENEVER ANY PAYMENT FROM THE BORROWER SHALL BE DUE ON A DAY THAT
IS NOT A BUSINESS DAY, THE DATE OF PAYMENT THEREOF SHALL BE EXTENDED TO THE NEXT
SUCCEEDING BUSINESS DAY.
IF THE DATE FOR ANY PAYMENT OF PRINCIPAL IS EXTENDED
BY OPERATION OF LAW OR OTHERWISE, INTEREST THEREON SHALL BE PAYABLE FOR SUCH
EXTENDED TIME.
(C)
ANY PAYMENT OR AMOUNT THAT IS OWING OR DUE FROM THE BORROWER TO
THE LENDER OR THE ADMINISTRATIVE AGENT PURSUANT TO THIS AGREEMENT, THAT IS
RECEIVED BY THE LENDER OR THE
15
ADMINISTRATIVE AGENT, AS APPLICABLE, NOT LATER THAN 2:00 P.M., NEW YORK TIME, ON
ANY DATE, SHALL BE DEEMED TO HAVE BEEN RECEIVED BY THE LENDER OR THE
ADMINISTRATIVE AGENT, AS APPLICABLE, ON SUCH DATE, AND ANY PAYMENT DUE ON SUCH
DATE AND RECEIVED NOT LATER THAN 2:00 P.M., NEW YORK TIME, SHALL BE DEEMED TO
HAVE BEEN TIMELY RECEIVED.
ANY PAYMENT RECEIVED AFTER 2:00 P.M., NEW YORK TIME,
ON ANY DATE, SHALL BE DEEMED TO HAVE BEEN RECEIVED ON THE NEXT BUSINESS DAY
FOLLOWING SUCH DATE.
SECTION 4.02
COMPENSATION FOR LOSSES.
(A)
IF (I) THE BORROWER
PREPAYS ANY PRINCIPAL AMOUNTS OWING UNDER THE LOAN, (II) THE BORROWER REVOKES
ANY BORROWING REQUEST, OR (III) THE LOAN (OR PORTIONS THEREOF) SHALL BECOME OR
BE DECLARED TO BE DUE PRIOR TO THE MATURITY DATE, THEN THE BORROWER SHALL PAY TO
LENDER AN AMOUNT THAT WILL COMPENSATE THE LENDER FOR ANY LOSS (OTHER THAN LOST
PROFIT) OR PREMIUM OR PENALTY INCURRED BY THE LENDER AS A RESULT OF SUCH
PAYMENT, PREPAYMENT OR REVOCATION IN RESPECT OF FUNDS OBTAINED FOR THE PURPOSE
OF MAKING OR MAINTAINING THE LOAN, OR ANY PORTION THEREOF.
SUCH COMPENSATION
SHALL INCLUDE AN AMOUNT EQUAL TO THE EXCESS, IF ANY, OF (I) THE AMOUNT OF
INTEREST THAT WOULD HAVE ACCRUED ON THE AMOUNT SO PAID OR PREPAID, OR NOT
BORROWED, FOR THE PERIOD FROM THE DATE OF SUCH PAYMENT, PREPAYMENT OR REVOCATION
TO THE LAST DAY OF THE APPLICABLE INTEREST PERIOD (OR, IN THE CASE OF A FAILURE
TO BORROW, THE INTEREST PERIOD THAT WOULD HAVE COMMENCED ON THE EXPECTED
BORROWING DATE) IN EACH CASE AT THE APPLICABLE RATE OF INTEREST FOR THE LOAN OR
PORTION THEREOF (EXCLUDING, HOWEVER, THE APPLICABLE MARGIN) OVER (II) THE AMOUNT
OF INTEREST (AS REASONABLY DETERMINED BY THE LENDER) THAT WOULD HAVE ACCRUED ON
SUCH AMOUNT WERE IT ON DEPOSIT FOR A COMPARABLE PERIOD WITH LEADING BANKS IN THE
LONDON INTERBANK MARKET.
(B)
IF REQUESTED BY THE BORROWER, IN CONNECTION WITH A PAYMENT DUE
PURSUANT TO THIS SECTION 4.03, THE LENDER SHALL PROVIDE TO THE BORROWER, WITH A
COPY TO THE ADMINISTRATIVE AGENT, A CERTIFICATE SETTING FORTH IN REASONABLE
DETAIL THE AMOUNT REQUIRED TO BE PAID BY THE BORROWER TO THE