PRINCIPAL BALANCE OF THE REVOLVING LOAN) IN THE AMOUNT OF ANY
PAYMENT MADE BY AN L/C ISSUER WITH RESPECT TO ANY LETTER OF CREDIT.
ALL AMOUNTS
PAID BY AN L/C ISSUER WITH RESPECT TO ANY LETTER OF CREDIT THAT ARE NOT
IMMEDIATELY REPAID BY BORROWER WITH THE PROCEEDS OF A REVOLVING ADVANCE OR
OTHERWISE SHALL BEAR INTEREST AT THE INTEREST RATE APPLICABLE TO REVOLVING LOANS
WHICH ARE INDEX RATE LOANS PLUS, AT THE ELECTION OF REQUISITE LENDERS, AN
ADDITIONAL TWO PERCENT (2.00%) PER ANNUM.
EACH LENDER AGREES TO FUND ITS PRO
RATA SHARE OF ANY REVOLVING LOAN MADE PURSUANT TO THIS SUBSECTION 2.1(H)(2).
IN
THE EVENT AGENT ELECTS NOT TO DEBIT BORROWER'S ACCOUNT AND BORROWER FAILS TO
REIMBURSE THE L/C ISSUER IN FULL ON THE DATE OF ANY PAYMENT IN RESPECT OF A
LETTER OF CREDIT, AGENT SHALL PROMPTLY NOTIFY EACH LENDER OF THE AMOUNT OF SUCH
UNREIMBURSED PAYMENT AND THE ACCRUED INTEREST THEREON AND EACH LENDER, ON THE
NEXT BUSINESS DAY PRIOR TO 2:00 P.M. (CHICAGO TIME), SHALL DELIVER TO AGENT AN
AMOUNT EQUAL TO ITS PRO RATA SHARE THEREOF IN SAME DAY FUNDS.
EACH LENDER
HEREBY ABSOLUTELY AND UNCONDITIONALLY AGREES TO PAY TO THE L/C ISSUER UPON
DEMAND BY THE L/C ISSUER SUCH LENDER'S PRO RATA SHARE OF EACH PAYMENT MADE BY
THE L/C ISSUER IN RESPECT OF A LETTER OF CREDIT AND NOT IMMEDIATELY REIMBURSED
BY BORROWER OR SATISFIED THROUGH A DEBIT OF BORROWER'S ACCOUNT.
EACH LENDER
ACKNOWLEDGES AND AGREES THAT ITS OBLIGATIONS PURSUANT TO THIS SUBSECTION IN
RESPECT OF LETTERS OF CREDIT ARE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT BE
AFFECTED BY ANY CIRCUMSTANCE WHATSOEVER, INCLUDING SETOFF, COUNTERCLAIM, THE
OCCURRENCE AND CONTINUANCE OF A DEFAULT OR AN EVENT OF DEFAULT OR ANY FAILURE BY
BORROWER TO SATISFY ANY OF THE CONDITIONS SET FORTH IN SECTION 3 AND THE
CONDITIONS RIDER.
IF ANY LENDER FAILS TO MAKE AVAILABLE TO THE L/C ISSUER THE
AMOUNT OF SUCH LENDER'S PRO RATA SHARE OF ANY PAYMENTS MADE BY THE L/C ISSUER IN
RESPECT OF A LETTER OF CREDIT AS PROVIDED IN THIS SUBSECTION 2.1(H)(2), THE L/C
ISSUER SHALL BE ENTITLED TO RECOVER SUCH AMOUNT ON DEMAND FROM SUCH LENDER
TOGETHER WITH INTEREST AT THE INDEX RATE.
(3)
REQUEST FOR LETTERS OF CREDIT.
BORROWER
SHALL GIVE AGENT AT LEAST THREE (3) BUSINESS DAYS PRIOR WRITTEN NOTICE
SPECIFYING THE DATE A LETTER OF CREDIT IS REQUESTED TO BE ISSUED, THE AMOUNT AND
THE NAME AND ADDRESS OF THE BENEFICIARY AND A DESCRIPTION OF THE TRANSACTIONS
PROPOSED TO BE SUPPORTED THEREBY.
IF AGENT INFORMS BORROWER THAT THE L/C ISSUER
CANNOT ISSUE THE REQUESTED LETTER OF CREDIT DIRECTLY, BORROWER MAY REQUEST THAT
L/C ISSUER
10
ARRANGE FOR THE ISSUANCE OF THE REQUESTED LETTER OF CREDIT UNDER A RISK
PARTICIPATION AGREEMENT WITH ANOTHER FINANCIAL INSTITUTION REASONABLY ACCEPTABLE
TO AGENT, L/C ISSUER AND BORROWER.
THE ISSUANCE OF ANY LETTER OF CREDIT UNDER
THIS AGREEMENT SHALL BE SUBJECT TO THE CONDITIONS THAT THE LETTER OF CREDIT
(I) SUPPORTS A TRANSACTION ENTERED INTO IN THE ORDINARY COURSE