interest rate.
(B)
FOR PURPOSES OF THIS SECTION, A NOTICE TO THE BORROWER BY ANY LENDER SHALL
BE EFFECTIVE AS TO EACH EURODOLLAR LOAN, IF LAWFUL, ON THE LAST DAY OF THE
INTEREST PERIOD CURRENTLY APPLICABLE TO SUCH EURODOLLAR LOAN; IN ALL OTHER CASES
SUCH NOTICE SHALL BE EFFECTIVE ON THE DATE OF RECEIPT BY THE BORROWER.
SECTION 2.15.
INDEMNITY.
THE BORROWER SHALL INDEMNIFY EACH LENDER AGAINST ANY
LOSS (OTHER THAN LOSS OF PROFITS) OR EXPENSE WHICH SUCH LENDER MAY SUSTAIN OR
INCUR AS A CONSEQUENCE OF (A) ANY FAILURE BY THE BORROWER TO FULFILL ON THE DATE
OF ANY BORROWING HEREUNDER THE APPLICABLE CONDITIONS SET FORTH IN ARTICLE IV,
(B) ANY FAILURE BY THE BORROWER TO BORROW OR TO REFINANCE OR CONTINUE ANY LOAN
HEREUNDER, FOR ANY REASON OTHER THAN A DEFAULT BY SUCH LENDER, AFTER IRREVOCABLE
NOTICE OF SUCH BORROWING, REFINANCING OR CONTINUATION HAS BEEN GIVEN PURSUANT TO
SECTION 2.03, 2.04 OR 2.05, (C) ANY PAYMENT, PREPAYMENT OR CONVERSION OF A
EURODOLLAR LOAN OR FIXED RATE LOAN REQUIRED BY ANY OTHER PROVISION OF THIS
AGREEMENT OR OTHERWISE MADE OR DEEMED MADE ON A DATE OTHER THAN THE LAST DAY OF
THE INTEREST PERIOD APPLICABLE THERETO, (D) ANY DEFAULT IN PAYMENT OR PREPAYMENT
BY THE BORROWER OF THE PRINCIPAL AMOUNT OF ANY LOAN OR ANY PART THEREOF OR
INTEREST ACCRUED THEREON, AS AND WHEN DUE AND PAYABLE (AT THE DUE DATE THEREOF,
WHETHER BY SCHEDULED MATURITY, ACCELERATION, IRREVOCABLE NOTICE OF PREPAYMENT OR
OTHERWISE) OR (E) THE OCCURRENCE OF ANY EVENT OF DEFAULT, INCLUDING, IN EACH
SUCH CASE, ANY LOSS (OTHER THAN LOSS OF PROFITS) OR REASONABLE EXPENSE SUSTAINED
OR INCURRED OR TO BE SUSTAINED OR INCURRED IN LIQUIDATING OR EMPLOYING DEPOSITS
FROM THIRD PARTIES ACQUIRED TO EFFECT OR MAINTAIN SUCH LOAN OR ANY PART THEREOF
AS A EURODOLLAR LOAN OR FIXED RATE LOAN.
SUCH LOSS OR REASONABLE EXPENSE SHALL
INCLUDE AN AMOUNT EQUAL TO THE EXCESS, IF ANY, AS REASONABLY DETERMINED BY SUCH
LENDER, OF (I) ITS COST OF OBTAINING THE FUNDS FOR THE LOAN BEING PAID, PREPAID,
CONVERTED OR NOT BORROWED (ASSUMED TO BE THE ADJUSTED LIBO RATE OR, IN THE CASE
OF A FIXED RATE LOAN, THE FIXED RATE OF INTEREST APPLICABLE THERETO) FOR THE
PERIOD FROM THE DATE OF SUCH PAYMENT, PREPAYMENT OR FAILURE TO BORROW TO THE
LAST DAY OF THE INTEREST PERIOD FOR SUCH LOAN (OR, IN THE CASE OF A FAILURE TO
BORROW, THE INTEREST PERIOD FOR SUCH LOAN WHICH WOULD HAVE COMMENCED ON THE DATE
OF SUCH FAILURE) OVER (II) THE AMOUNT OF INTEREST (AS REASONABLY DETERMINED BY
SUCH LENDER) THAT WOULD BE REALIZED BY SUCH LENDER IN REEMPLOYING THE FUNDS SO
PAID, PREPAID OR NOT BORROWED FOR SUCH PERIOD OR INTEREST PERIOD, AS THE CASE
MAY BE.
THIS SECTION 2.15 SHALL NOT APPLY WITH RESPECT TO TAXES, OTHER THAN
TAXES THAT REPRESENT LOSSES OR DAMAGES ARISING FROM ANY NON-TAX CLAIM.
SECTION 2.16.
PRO RATA TREATMENT.
EXCEPT AS REQUIRED UNDER SECTION 2.14, EACH
STANDBY BORROWING, EACH PAYMENT OR PREPAYMENT OF PRINCIPAL OF