RATE AND (Y) A RATE DETERMINED BY
THE ADMINISTRATIVE AGENT IN ACCORDANCE WITH BANKING INDUSTRY RULES ON INTERBANK
COMPENSATION OR (II) IF PAID BY THE BORROWER, THE THEN-APPLICABLE RATE OF
INTEREST FOR ABR 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).
40
2.5.
Repayment of Loans; Evidence of Debt.
(A)
THE BORROWER SHALL REPAY TO THE
ADMINISTRATIVE AGENT IN DOLLARS, FOR THE BENEFIT OF THE LENDERS, ON THE MATURITY
DATE, THE THEN-UNPAID REVOLVING CREDIT LOANS.
THE BORROWER SHALL REPAY TO THE
ADMINISTRATIVE AGENT IN DOLLARS, FOR THE ACCOUNT OF THE SWINGLINE LENDER, ON THE
SWINGLINE MATURITY DATE, THE THEN-UNPAID SWINGLINE LOANS.
THE BORROWER SHALL
REPAY TO THE ADMINISTRATIVE AGENT THE THEN-UNPAID AMOUNT OF EACH PROTECTIVE
ADVANCE ON THE EARLIER OF THE MATURITY DATE AND DEMAND BY THE ADMINISTRATIVE
AGENT.
(B)
ON EACH BUSINESS DAY DURING ANY CASH
DOMINION PERIOD, THE ADMINISTRATIVE AGENT SHALL APPLY ALL FUNDS CREDITED TO THE
COLLECTION ACCOUNT THE PREVIOUS BUSINESS DAY (WHETHER OR NOT IMMEDIATELY
AVAILABLE) FIRST TO PREPAY ANY PROTECTIVE ADVANCES THAT MAY BE OUTSTANDING,
SECOND TO PREPAY ANY SWINGLINE LOANS OUTSTANDING, THIRD TO PREPAY ANY REVOLVING
CREDIT LOANS AND FOURTH TO CASH COLLATERALIZE OUTSTANDING LETTER OF CREDIT
EXPOSURE AT ONE HUNDRED FIVE PERCENT (105%).
(C)
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.
(D)
THE ADMINISTRATIVE AGENT SHALL MAINTAIN THE
REGISTER PURSUANT TO SECTION 14.6(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, WHETHER SUCH LOAN IS A REVOLVING CREDIT LOAN, A
SWINGLINE LOAN OR A PROTECTIVE ADVANCE, THE TYPE OF EACH LOAN MADE AND THE
INTEREST PERIOD 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,
THE SWINGLINE LENDER OR THE ADMINISTRATIVE AGENT HEREUNDER AND (III) THE AMOUNT
OF ANY SUM RECEIVED BY THE ADMINISTRATIVE AGENT HEREUNDER FROM THE BORROWER AND
EACH LENDER'S SHARE THEREOF.
(E)
THE ENTRIES MADE IN THE REGISTER AND
ACCOUNTS AND SUBACCOUNTS MAINTAINED PURSUANT TO PARAGRAPHS (C) AND (D) OF THIS
SECTION 2.5 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