THE AMOUNTS MADE AVAILABLE TO THE ADMINISTRATIVE AGENT BY THE
LENDERS AND IN LIKE FUNDS AS RECEIVED BY THE ADMINISTRATIVE AGENT.
2.4
RECORD OF LOANS.
(A)
EACH LENDER SHALL MAINTAIN IN ACCORDANCE
WITH ITS USUAL PRACTICE AN ACCOUNT OR ACCOUNTS EVIDENCING INDEBTEDNESS OF THE
BORROWER TO SUCH LENDER RESULTING FROM EACH TERM LOAN OF SUCH LENDER FROM TIME
TO TIME, INCLUDING THE AMOUNTS OF PRINCIPAL AND INTEREST PAYABLE AND PAID TO
SUCH LENDER FROM TIME TO TIME UNDER THIS AGREEMENT.
(B)
THE ADMINISTRATIVE AGENT SHALL MAINTAIN THE
REGISTER PURSUANT TO SUBSECTION 10.6(B), AND A SUBACCOUNT THEREIN FOR EACH
LENDER, IN WHICH SHALL BE RECORDED (I) THE AMOUNT OF EACH TERM LOAN MADE
HEREUNDER, THE TYPE THEREOF AND EACH INTEREST PERIOD, IF ANY, APPLICABLE
THERETO, (II) THE AMOUNT OF ANY PRINCIPAL OR INTEREST DUE AND PAYABLE OR TO
BECOME DUE AND PAYABLE FROM THE BORROWER TO EACH LENDER HEREUNDER, (III) THE
AMOUNT OF EACH LC FACILITY PARTICIPATION AND (IV) BOTH THE AMOUNT OF ANY SUM
RECEIVED BY THE ADMINISTRATIVE AGENT HEREUNDER FROM THE BORROWER AND EACH
LENDER'S SHARE THEREOF.
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(C)
THE ENTRIES MADE IN THE REGISTER AND THE
ACCOUNTS OF EACH LENDER MAINTAINED PURSUANT TO SUBSECTION 2.4(B) SHALL, TO THE
EXTENT PERMITTED BY APPLICABLE LAW, BE PRIMA FACIE EVIDENCE OF THE EXISTENCE AND
AMOUNTS OF THE OBLIGATIONS OF THE BORROWER THEREIN RECORDED; PROVIDED, HOWEVER,
THAT THE FAILURE OF ANY LENDER OR THE ADMINISTRATIVE AGENT TO MAINTAIN THE
REGISTER OR ANY SUCH ACCOUNT, OR ANY ERROR THEREIN, SHALL NOT IN ANY MANNER
AFFECT THE OBLIGATION OF THE BORROWER TO REPAY (WITH APPLICABLE INTEREST) THE
TERM LOANS MADE TO THE BORROWER BY SUCH LENDER IN ACCORDANCE WITH THE TERMS OF
THIS AGREEMENT.
2.5
[RESERVED].
2.6
LC FACILITY LETTERS OF CREDIT.
(A)
GENERAL.
SUBJECT TO THE TERMS AND
CONDITIONS SET FORTH HEREIN, THE BORROWER MAY REQUEST, INCLUDING ON BEHALF OF
ANY RESTRICTED SUBSIDIARY, THE ISSUANCE OF (AND THE APPLICABLE LC FACILITY
ISSUING BANK SHALL ISSUE) LC FACILITY LETTERS OF CREDIT, AT ANY TIME AND FROM
TIME TO TIME DURING THE LC FACILITY AVAILABILITY PERIOD, IN EACH CASE FOR THE
ACCOUNT OF THE BORROWER AND DENOMINATED IN DOLLARS, IN A FORM REASONABLY
ACCEPTABLE TO THE ADMINISTRATIVE AGENT AND THE APPLICABLE LC FACILITY ISSUING
BANK.
IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE TERMS AND CONDITIONS OF
THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY LC FACILITY LETTER OF CREDIT
REQUEST, ANY OTHER FORM OF LETTER OF CREDIT APPLICATION OR OTHER AGREEMENT
SUBMITTED BY THE BORROWER TO, OR ENTERED INTO BY THE BORROWER WITH ANY LC
FACILITY ISSUING BANK RELATING TO ANY LC FACILITY LETTER OF CREDIT, THE TERMS
AND CONDITIONS OF THIS AGREEMENT SHALL CONTROL.
UNLESS OTHERWISE AGREED BY THE
APPLICABLE LC FACILITY ISSUING BANK AND THE BORROWER AT THE TIME OF ISSUANCE,
EACH LC FACILITY LETTER OF CREDIT SHALL BE SUBJECT TO THE UNIFORM CUSTOMS AND,
TO THE EXTENT NOT INCONSISTENT THEREWITH, THE LAWS OF THE STATE OF NEW YORK.
(B)
NOTICE OF ISSUANCE, AMENDMENT, RENEWAL,
EXTENSION; CERTAIN CONDITIONS.
TO REQUEST