ADMINISTRATIVE
AGENT, IN RELIANCE UPON SUCH ASSUMPTION, (IN ITS SOLE DISCRETION AND WITHOUT ANY
OBLIGATION TO DO SO) MADE AVAILABLE TO THE BORROWER A CORRESPONDING AMOUNT.
IF
SUCH CORRESPONDING AMOUNT IS NOT IN FACT MADE AVAILABLE TO THE ADMINISTRATIVE
AGENT BY SUCH LENDER AND THE ADMINISTRATIVE AGENT MADE AVAILABLE SUCH AMOUNT TO
THE BORROWER, THE ADMINISTRATIVE AGENT SHALL BE ENTITLED TO RECOVER SUCH
CORRESPONDING AMOUNT FROM SUCH LENDER.
IF SUCH LENDER DID NOT PAY SUCH
CORRESPONDING AMOUNT FORTHWITH UPON THE ADMINISTRATIVE AGENT'S DEMAND THEREFOR
THE ADMINISTRATIVE AGENT SHALL PROMPTLY NOTIFY THE BORROWER AND THE BORROWER
SHALL IMMEDIATELY PAY SUCH CORRESPONDING AMOUNT TO THE ADMINISTRATIVE AGENT IN
DOLLARS.
THE ADMINISTRATIVE AGENT SHALL ALSO BE ENTITLED TO RECOVER FROM SUCH
LENDER OR THE BORROWER INTEREST ON SUCH CORRESPONDING AMOUNT IN RESPECT OF EACH
DAY FROM THE DATE SUCH CORRESPONDING AMOUNT WAS MADE AVAILABLE BY THE
ADMINISTRATIVE AGENT TO THE BORROWER TO THE DATE SUCH CORRESPONDING AMOUNT IS
RECOVERED BY THE ADMINISTRATIVE AGENT, AT A RATE PER ANNUM EQUAL TO (I) IF PAID
BY SUCH LENDER, THE OVERNIGHT RATE OR (II) IF PAID BY THE BORROWER, THE
THEN-APPLICABLE RATE OF INTEREST OR FEES, CALCULATED IN ACCORDANCE WITH
SECTION 2.8, FOR THE RESPECTIVE 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).
55
2.5.
Repayment of Loans; Evidence of Debt.
(A)
THE BORROWER SHALL REPAY TO THE
ADMINISTRATIVE AGENT, FOR THE BENEFIT OF THE LENDERS, ON THE TERM LOAN MATURITY
DATE, THE THEN-OUTSTANDING LOANS, IN DOLLARS.
(B)
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.
(C)
THE ADMINISTRATIVE AGENT SHALL MAINTAIN THE
REGISTER PURSUANT TO SECTION 13.6(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, THE TYPE OF EACH LOAN MADE AND THE INTEREST PERIOD, IF
ANY, APPLICABLE THERETO, (II) THE AMOUNT OF ANY PRINCIPAL (INCLUDING ANY PIK
INTEREST AMOUNTS) OR INTEREST DUE AND PAYABLE OR TO BECOME DUE AND PAYABLE FROM
THE BORROWER TO EACH LENDER HEREUNDER AND (III) THE AMOUNT OF ANY SUM RECEIVED
BY THE ADMINISTRATIVE AGENT HEREUNDER FROM THE BORROWER AND EACH LENDER'S SHARE
THEREOF.
(D)
THE ENTRIES MADE IN THE REGISTER AND
ACCOUNTS AND SUBACCOUNTS MAINTAINED PURSUANT TO CLAUSES (B) AND (C) OF THIS
SECTION 2.5 SHALL, TO THE EXTENT PERMITTED BY APPLICABLE LAW,