FACILITY TERMINATION DATE, ALL LOANS SHALL BE MADE BY THE BANK INVESTORS.
AT
ANY TIME WHEN THE LENDER HAS REJECTED A REQUEST FOR A LOAN, THE AGENT SHALL SO
NOTIFY THE BANK INVESTORS AND THE BANK INVESTORS SHALL MAKE SUCH LOAN, ON A PRO
RATA BASIS, IN ACCORDANCE WITH THEIR RESPECTIVE PRO RATA SHARES.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION 2.2(C) OR ELSEWHERE IN THIS
LOAN AGREEMENT TO THE CONTRARY, NO BANK INVESTOR (INCLUDING IN ITS CAPACITY AS A
PROGRAM SUPPORT PROVIDER PURSUANT TO THE PROGRAM SUPPORT AGREEMENT TO WHICH IT
IS A PARTY) SHALL BE OBLIGATED TO PROVIDE THE BORROWER WITH FUNDS IN CONNECTION
WITH THE NET INVESTMENT IN AN AMOUNT THAT WOULD RESULT IN THE PORTION OF THE NET
INVESTMENT THEN FUNDED BY IT EXCEEDING THE DOLLAR AMOUNT OF ITS COMMITMENT THEN
IN EFFECT.
THE OBLIGATION OF EACH BANK INVESTOR TO REMIT ITS PRO RATA SHARE OF
ANY SUCH LOAN SHALL BE SEVERAL FROM THAT OF EACH OTHER BANK INVESTOR, AND THE
FAILURE OF ANY BANK INVESTOR TO SO MAKE SUCH AMOUNT AVAILABLE TO THE LENDER
SHALL NOT RELIEVE ANY OTHER BANK INVESTOR OF ITS OBLIGATION HEREUNDER.
4
(D)
PAYMENT OF LOANS.
ON ANY LOAN DATE, THE LENDER OR EACH BANK
INVESTOR, AS THE CASE MAY BE, SHALL REMIT ITS SHARE OF THE AGGREGATE AMOUNT OF
SUCH LOAN (DETERMINED PURSUANT TO SECTION 2.2(B) AND (C) HEREOF) TO THE ACCOUNT
OF THE AGENT SPECIFIED THEREFORE FROM TIME TO TIME BY THE AGENT BY NOTICE TO
SUCH PERSONS BY WIRE TRANSFER OF SAME DAY FUNDS. FOLLOWING THE AGENT'S RECEIPT
OF FUNDS FROM THE LENDER OR BANK INVESTORS AS AFORESAID, THE AGENT SHALL REMIT
SUCH FUNDS RECEIVED TO THE BORROWER'S ACCOUNT AT THE LOCATION INDICATED IN
SECTION 8.3 BY WIRE TRANSFER OF SAME DAY FUNDS.
(E)
DEFAULTING BANK INVESTOR.
IF, BY 2:00 P.M. (NEW YORK CITY TIME)
ON ANY LOAN DATE, ONE OR MORE BANK INVESTORS (EACH, A "DEFAULTING BANK
INVESTOR", AND EACH BANK INVESTOR OTHER THAN ANY DEFAULTING BANK INVESTOR BEING
REFERRED TO AS A "NON-DEFAULTING BANK INVESTOR") FAILS TO MAKE ITS PRO RATA
SHARE OF ANY LOAN AVAILABLE TO THE AGENT PURSUANT TO SECTION 2.2(D) OR ANY
ASSIGNMENT AMOUNT PAYABLE BY IT PURSUANT TO SECTION 2.13(A) (THE AGGREGATE
AMOUNT NOT SO MADE AVAILABLE TO THE AGENT BEING HEREIN CALLED IN EITHER CASE THE
"LOAN DEFICIT"), THEN THE AGENT SHALL, BY NO LATER THAN 2:30 P.M. (NEW YORK CITY
TIME) ON THE APPLICABLE LOAN DATE OR THE APPLICABLE ASSIGNMENT DATE, AS THE CASE
MAY BE, INSTRUCT EACH NON-DEFAULTING BANK INVESTOR TO PAY, BY NO LATER THAN
3:00 P.M. (NEW YORK CITY TIME), IN IMMEDIATELY AVAILABLE FUNDS, TO THE ACCOUNT
DESIGNATED BY THE AGENT, AN AMOUNT EQUAL TO THE LESSER OF (I) SUCH
NON-DEFAULTING BANK INVESTOR'S PROPORTIONATE SHARE (BASED UPON THE RELATIVE
COMMITMENTS OF THE NON-DEFAULTING BANK INVESTORS) OF THE LOAN DEFICIT AND
(II) ITS UNUSED COMMITMENT.
A DEFAULTING BANK INVESTOR SHALL FORTHWITH, UPON
DEMAND, PAY TO THE AGENT FOR THE RATABLE BENEFIT OF THE NON-DEFAULTING BANK
INVESTORS ALL AMOUNTS