Loans of all Lenders.
Any
such reduction in the Aggregate Revolving Commitment Amount below the sum of the
principal amount of the Swingline Commitment and the LC Commitment shall result
in a proportionate reduction (rounded to the next lowest integral multiple of
$100,000) in the Swingline Commitment and the LC Commitment.
SECTION 2.9.
REPAYMENT OF LOANS.
(a)
The outstanding principal amount of all Revolving Loans shall be
due and payable (together with accrued and unpaid interest thereon) on the
Revolving Commitment Termination Date.
(b)
The principal amount of each Swingline Borrowing shall be due and
payable (together with accrued and unpaid interest thereon) on the earlier of
(i) the last day of the Interest Period applicable to such Borrowing and (ii)
the Revolving Commitment Termination Date.
(c)
The outstanding balance of all Term Loans shall be due and payable
(together with accrued and unpaid interest thereon) on the Maturity Date.
SECTION 2.10.
EVIDENCE OF INDEBTEDNESS.
(A)
EACH LENDER SHALL
MAINTAIN IN ACCORDANCE WITH ITS USUAL PRACTICE APPROPRIATE RECORDS EVIDENCING
THE INDEBTEDNESS OF THE BORROWER TO SUCH LENDER RESULTING FROM EACH LOAN MADE BY
SUCH LENDER FROM TIME TO TIME, INCLUDING THE AMOUNTS OF PRINCIPAL AND INTEREST
PAYABLE THEREON AND PAID TO SUCH LENDER FROM TIME TO TIME UNDER THIS AGREEMENT.
THE ADMINISTRATIVE AGENT SHALL MAINTAINAPPROPRIATE RECORDSIN WHICH SHALL BE
RECORDED (I) THE REVOLVING COMMITMENT AND TERM LOAN COMMITMENT OF EACH LENDER,
(II) THE AMOUNT OF EACH LOAN MADE HEREUNDER BY EACH LENDER, THE CLASS AND TYPE
THEREOF AND THE INTEREST PERIOD APPLICABLE THERETO, (III) THE DATE OF EACH
CONTINUATION THEREOF PURSUANT TO SECTION 2.7, (IV) THE DATE OF EACH CONVERSION
OF ALL OR A PORTION THEREOF TO ANOTHER TYPE PURSUANT TO SECTION 2.7, (V) THE
DATE AND AMOUNT OF ANY PRINCIPAL OR INTEREST DUE AND PAYABLE OR TO BECOME DUE
AND PAYABLE FROM THE BORROWER TO EACH LENDER HEREUNDER IN RESPECT OF SUCH LOANS
AND (VI) BOTH THE DATE AND AMOUNT OF ANY SUM RECEIVED BY THE ADMINISTRATIVE
AGENT HEREUNDER FROM THE BORROWER IN RESPECT OF THE LOANS AND EACH LENDER'S PRO
RATA SHARE THEREOF.
THE ENTRIES MADE IN SUCH RECORDS SHALL BE PRIMA FACIE
30
EVIDENCE OF THE EXISTENCE AND AMOUNTS OF THE OBLIGATIONS OF THE BORROWER THEREIN
RECORDED; PROVIDED, THAT THE FAILURE OR DELAY OF ANY LENDER OR THE
ADMINISTRATIVE AGENT IN MAINTAINING OR MAKING ENTRIES INTO ANY SUCH RECORD OR
ANY ERROR THEREIN SHALL NOT IN ANY MANNER AFFECT THE OBLIGATION OF THE BORROWER
TO REPAY THE LOANS (BOTH PRINCIPAL AND UNPAID ACCRUED INTEREST) OF SUCH LENDER
IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
(b)
At the request of any Lender (including the Swingline Lender) at
any time, the Borrower agrees that it will execute and deliver to such Lender a
Revolving Credit Note
and/or a Term Loan Note and, in the case of the Swingline
Lender only, a Swingline Note, payable to the order of such Lender.
SECTION 2.11.
OPTIONAL PREPAYMENTS.
THE BORROWER SHALL HAVE THE RIGHT AT
ANY TIME AND FROM TIME TO