CURRENCY IN
WHICH THE RESPECTIVE LOAN IS DENOMINATED) ON THE UNPAID PRINCIPAL AMOUNT OF THE
REVOLVING LOANS MADE TO SUCH BORROWER FROM TIME TO TIME OUTSTANDING FROM THE
DATE HEREOF UNTIL PAYMENT IN FULL THEREOF AT THE RATES PER ANNUM, AND ON THE
DATES, SET FORTH IN SUBSECTION 3.1.
(B)
EACH LENDER (INCLUDING THE SWING LINE LENDER) SHALL MAINTAIN IN
ACCORDANCE WITH ITS USUAL PRACTICE AN ACCOUNT OR ACCOUNTS EVIDENCING
INDEBTEDNESS OF EACH OF THE BORROWERS TO SUCH LENDER RESULTING FROM EACH 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.
(C)
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 LOAN MADE HEREUNDER, THE TYPE AND CURRENCY
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 EACH
BORROWER TO EACH LENDER HEREUNDER AND (III) BOTH THE AMOUNT OF ANY SUM RECEIVED
BY THE ADMINISTRATIVE AGENT HEREUNDER FROM EACH BORROWER AND EACH LENDER'S SHARE
THEREOF.
(D)
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 EACH 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 ANY BORROWER TO REPAY (WITH APPLICABLE INTEREST) THE REVOLVING
LOANS MADE TO SUCH BORROWER BY SUCH LENDER IN ACCORDANCE WITH THE TERMS OF THIS
AGREEMENT.
66
2.5
[RESERVED].
2.6
LETTERS OF CREDIT.
(A)
L/C COMMITMENT.
(I)
SUBJECT TO THE TERMS AND CONDITIONS HEREOF, EACH ISSUING BANK, IN
RELIANCE ON THE AGREEMENTS OF THE OTHER LENDERS SET FORTH IN SUBSECTION
2.6(D)(I), AGREES TO ISSUE LETTERS OF CREDIT (THE LETTERS OF CREDIT ISSUED ON
AND AFTER THE CLOSING DATE PURSUANT TO THIS SUBSECTION 2.6, THE "LETTERS OF
CREDIT") FOR THE ACCOUNT OF THE BORROWERS ON ANY BUSINESS DAY DURING THE
REVOLVING COMMITMENT PERIOD BUT IN NO EVENT LATER THAN THE 30TH DAY PRIOR TO THE
MATURITY DATE IN SUCH FORM AS MAY BE APPROVED FROM TIME TO TIME BY THE ISSUING
BANK; PROVIDED THAT THE ISSUING BANK SHALL NOT ISSUE ANY LETTER OF CREDIT IF,
AFTER GIVING EFFECT TO SUCH ISSUANCE, (I) THE L/C OBLIGATIONS IN RESPECT OF
LETTERS OF CREDIT WOULD EXCEED $75.0 MILLION OR (II) THE AGGREGATE OUTSTANDING
REVOLVING CREDIT OF ALL THE LENDERS WOULD EXCEED THE REVOLVING COMMITMENTS OF
ALL THE LENDERS THEN IN EFFECT; PROVIDED, FURTHER, THAT (X) THE ISSUING BANK
SHALL NOT ISSUE ANY LETTERS OF CREDIT IN ANY L/C DESIGNATED FOREIGN CURRENCY IF,
AFTER GIVING EFFECT TO THE MAKING OF SUCH LETTERS OF CREDIT, THE SUM OF THE