WITH THE TERMS HEREOF OR ANY OTHER LOAN DOCUMENT)
MATURE AND BE DUE AND PAYABLE BY OPERATING SUBSIDIARY ON THE REVOLVING
COMMITMENT TERMINATION DATE.
SECTION 2.10
OPTIONAL PREPAYMENTS.
(A)
EACH BORROWER MAY, UPON NOTICE TO THE AGENT GIVEN NOT LATER THAN
12:00 P.M. (SAN ANTONIO, TEXAS TIME) ON (I) THE BUSINESS DAY OF PREPAYMENT OF
ANY BASE RATE LOAN; AND (II) THE LIBOR-BUSINESS-DAY PRIOR TO THE DATE OF
PREPAYMENT OF ANY LIBOR LOAN, PREPAY (WITHOUT PREMIUM OR PENALTY, OTHER THAN ANY
FUNDING LOSSES AS PROVIDED IN SECTION 2.12) ANY LOAN IN WHOLE AT ANY TIME, OR
FROM TIME TO TIME IN PART, IN MINIMUM PRINCIPAL AMOUNTS OF $100,000 OR ANY
INTEGRAL MULTIPLE THEREOF; PROVIDED HOWEVER, LIBOR LOANS MAY BE PREPAID ONLY ON
THE LAST DAY OF THE INTEREST PERIOD FOR SUCH LOAN.
SUCH NOTICE SHALL SPECIFY
THE DATE AND AMOUNT OF PREPAYMENT AND THE LOAN OR LOANS (INDICATING THE
CORRESPONDING CLASS OR TYPE) APPLICABLE TO SUCH PREPAYMENT AND SHALL NOT BE
REVOCABLE BY SUCH BORROWER.
THE PAYMENT AMOUNT SPECIFIED IN SUCH NOTICE SHALL
BE DUE AND PAYABLE ON THE DATE SPECIFIED THEREIN, TOGETHER WITH ACCRUED INTEREST
THEREON AND OTHER FEES AND EXPENSES DUE AND OWING BY SUCH BORROWER TO THE DATE
OF PREPAYMENT.
ANY SUCH PREPAYMENT OF TERM LOANS SHALL BE APPLIED RATABLY, TO
THE UNPAID SCHEDULED PRINCIPAL INSTALLMENTS OF SUCH LOANS IN THE INVERSE ORDER
OF MATURITY THEREOF.
(B)
UPON RECEIPT OF A NOTICE OF PREPAYMENT PURSUANT TO THIS SECTION
2.10, THE AGENT SHALL PROMPTLY NOTIFY EACH BANK OF THE CONTENTS THEREOF AND OF
SUCH BANK'S RATABLE SHARE, IF ANY, OF SUCH PREPAYMENT.
SECTION 2.11
GENERAL PROVISIONS AS TO PAYMENTS.
(I) OPERATING SUBSIDIARY
SHALL MAKE EACH PAYMENT OF PRINCIPAL OF AND INTEREST ON THE TERM A LOANS, AND
THE REVOLVING LOANS; (II) MEXICO SUBSIDIARY SHALL MAKE EACH PAYMENT OF PRINCIPAL
OF AND INTEREST ON THE TERM B LOANS; AND (III) EACH BORROWER SHALL MAKE EACH
PAYMENT OF FEES OR ANY OTHER OBLIGATIONS OF SUCH BORROWER, IN U.S. DOLLARS, NOT
LATER THAN 12:00 P.M. (SAN ANTONIO, TEXAS TIME) ON THE DATE WHEN DUE (IT BEING
UNDERSTOOD THAT INTEREST SHALL ACCRUE AND BE PAYABLE FOR SUCH DATE ON ANY
AMOUNTS WHICH ARE PAID AFTER 12:00 P.M. (SAN ANTONIO, TEXAS TIME)), IN
IMMEDIATELY AVAILABLE FUNDS, WITHOUT DEDUCTION, SET-OFF OR COUNTERCLAIM TO THE
AGENT OR ANY BANK AT THE ACCOUNT OF THE AGENT SET FORTH IN ANNEX A.
BY 1:00
P.M. (SAN ANTONIO TIME) ON THE DATE OF RECEIPT, THE AGENT WILL DISTRIBUTE TO
EACH BANK (AS APPLICABLE), IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, ITS
RATABLE SHARE OF EACH SUCH PAYMENT.
WHENEVER ANY PAYMENT OF PRINCIPAL OF OR
INTEREST ON THE LIBOR LOANS SHALL BE DUE ON A DAY WHICH IS NOT A
LIBOR-BUSINESS-DAY, THE DATE FOR PAYMENT THEREOF SHALL BE EXTENDED TO THE NEXT
SUCCEEDING LIBOR-BUSINESS-DAY UNLESS SUCH LIBOR-BUSINESS-DAY FALLS IN ANOTHER
CALENDAR MONTH, IN WHICH CASE THE DATE FOR PAYMENT THEREOF SHALL BE THE
IMMEDIATELY PRECEDING LIBOR-BUSINESS-DAY.
WHENEVER ANY PAYMENT OF ANY OTHER
10
OBLIGATIONS SHALL BE DUE