AVAILABLE FUNDS, AT
SUCH BANK OR OTHER LOCATION REASONABLY DESIGNATED BY ISSUER IN ITS LOAN REQUEST
GIVEN PURSUANT TO THIS SECTION 2.04(B) AN AMOUNT EQUAL TO THE AMOUNT OF SUCH
LOAN RELATED TO SUCH INITIAL FUNDING OR INCREMENTAL FUNDING, AS THE CASE MAY
BE.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION 2.04(B), THE SUBCLASS
A-2 NOTE PURCHASER SHALL NOT BE OBLIGATED TO FUND A LOAN UNDER THIS AGREEMENT
FROM AND AFTER THE TERMINATION DATE.
SECTION 2.05.
REDUCTION OF THE SUBCLASS A-2 MAXIMUM LIMIT.
THE ISSUER MAY,
UPON AT LEAST FIVE BUSINESS DAYS' NOTICE TO THE PURCHASER'S AGENT, TERMINATE IN
WHOLE OR REDUCE IN PART THE PORTION OF THE SUBCLASS A-2 MAXIMUM LIMIT THAT
EXCEEDS THE SUM OF THE AGGREGATE SUBCLASS A-2 NOTE PRINCIPAL BALANCE AND
INTEREST ACCRUED AND TO ACCRUE THEREON THROUGH THE DATE OF PAYMENT; PROVIDED,
HOWEVER, THAT EACH PARTIAL REDUCTION OF THE SUBCLASS A-2 MAXIMUM LIMIT SHALL BE
IN AN AGGREGATE AMOUNT EQUAL TO $100,000 OR AN INTEGRAL MULTIPLE THEREOF; AND
PROVIDED FURTHER, HOWEVER, THAT EACH PARTIAL REDUCTION OF THE SUBCLASS A-2
MAXIMUM LIMIT SHALL BE ACCOMPANIED BY A PARTIAL REDUCTION OF THE SUBCLASS A-2
MAXIMUM LIMIT UNDER THE SUBCLASS A-2 NOTE PURCHASE AGREEMENT IN AN AMOUNT EQUAL
TO NINE (9) TIMES THE AMOUNT OF THE PARTIAL REDUCTION HEREUNDER.
EACH NOTICE OF
REDUCTION OR TERMINATION PURSUANT TO THIS SECTION 2.05 SHALL BE IRREVOCABLE.
SECTION 2.06.
DETERMINATION OF INTEREST.
THE PURCHASER'S AGENT SHALL DETERMINE
THE INTEREST (INCLUDING UNPAID INTEREST, IF ANY, DUE AND PAYABLE ON A PRIOR
PAYMENT DATE) ON THE SUBCLASS A-2 NOTE TO BE PAID ON EACH PAYMENT DATE FOR THE
APPLICABLE INTEREST ACCRUAL PERIOD AND SHALL ADVISE THE ISSUER AND THE INDENTURE
TRUSTEE THEREOF PRIOR TO 2:00 P.M. (NEW YORK CITY TIME) ON THE RELATED
DETERMINATION DATE.
SECTION 2.07.
PAYMENTS, COMPUTATIONS, ETC.
(A)
UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, ALL AMOUNTS TO BE PAID
OR DEPOSITED BY THE ISSUER OR THE SERVICER HEREUNDER SHALL BE PAID OR DEPOSITED
IN ACCORDANCE WITH THE TERMS HEREOF NO LATER THAN 11:00 A.M. (NEW YORK CITY
TIME) ON THE DAY WHEN DUE IN LAWFUL MONEY OF THE UNITED STATES IN IMMEDIATELY
AVAILABLE FUNDS TO AN ACCOUNT MAINTAINED BY THE SUBCLASS A-2 NOTE PURCHASER AS
SHOWN ON SCHEDULE 1 HERETO, OR SUCH OTHER ACCOUNT DESIGNATED FROM TIME TO TIME
BY THE SUBCLASS A-2 NOTE PURCHASER.
THE ISSUER SHALL, TO THE EXTENT PERMITTED
BY LAW, PAY TO THE SUBCLASS A-2 NOTE PURCHASER DEFAULT INTEREST AT THE OVERDUE
RATE AS PROVIDED IN THE INDENTURE; PROVIDED, HOWEVER, THAT SUCH INTEREST RATE
SHALL NOT AT ANY TIME EXCEED THE MAXIMUM RATE PERMITTED BY APPLICABLE LAW.
ALL
COMPUTATIONS OF INTEREST AND OTHER FEES HEREUNDER SHALL BE MADE ON THE BASIS OF
A YEAR OF 360 DAYS FOR THE ACTUAL NUMBER OF DAYS (INCLUDING THE FIRST BUT
EXCLUDING THE LAST DAY) ELAPSED.
(B)
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