COMMITTED LOANS TO BE PREPAID AND, IF EURODOLLAR
RATE LOANS ARE TO BE PREPAID, THE INTEREST PERIOD(S) OF SUCH LOANS.
IF SUCH
NOTICE IS GIVEN BY BORROWER, BORROWER SHALL MAKE SUCH PREPAYMENT AND THE PAYMENT
AMOUNT SPECIFIED IN SUCH NOTICE SHALL BE DUE AND PAYABLE ON THE DATE SPECIFIED
THEREIN.
ANY PREPAYMENT OF A EURODOLLAR RATE LOAN SHALL BE ACCOMPANIED BY ALL
ACCRUED INTEREST ON THE AMOUNT PREPAID, TOGETHER WITH ANY ADDITIONAL AMOUNTS
REQUIRED PURSUANT TO SECTION 3.05.
EACH SUCH PREPAYMENT SHALL BE APPLIED TO THE
COMMITTED LOANS OF THE LENDER.
(B)
IF FOR ANY REASON THE TOTAL OUTSTANDINGS AT ANY TIME EXCEED THE
COMMITMENT THEN IN EFFECT, BORROWER SHALL IMMEDIATELY PREPAY LOANS AND/OR CASH
COLLATERALIZE THE L/C OBLIGATIONS IN AN AGGREGATE AMOUNT EQUAL TO SUCH EXCESS;
PROVIDED, HOWEVER, THAT BORROWER SHALL NOT BE REQUIRED TO CASH COLLATERALIZE THE
L/C OBLIGATIONS PURSUANT TO THIS SECTION 2.04(C) UNLESS AFTER THE PREPAYMENT IN
FULL OF THE LOANS THE TOTAL OUTSTANDINGS EXCEED THE COMMITMENT THEN IN EFFECT.
2.05
TERMINATION OR REDUCTION OF COMMITMENTS.
BORROWER MAY, UPON NOTICE
TO THE LENDER, TERMINATE THE COMMITMENT, OR FROM TIME TO TIME PERMANENTLY REDUCE
THE COMMITMENT; PROVIDED THAT (I) ANY SUCH NOTICE SHALL BE RECEIVED BY THE
LENDER NOT LATER THAN 11:00 A.M. FIVE BUSINESS DAYS PRIOR TO THE DATE OF
TERMINATION OR REDUCTION, (II) ANY SUCH PARTIAL REDUCTION SHALL BE IN AN
AGGREGATE AMOUNT OF $2,000,000 OR ANY WHOLE MULTIPLE OF $1,000,000 IN EXCESS
THEREOF, (III) BORROWER SHALL NOT TERMINATE OR REDUCE THE COMMITMENT IF, AFTER
GIVING EFFECT THERETO AND TO ANY CONCURRENT PREPAYMENTS HEREUNDER, THE TOTAL
OUTSTANDINGS WOULD EXCEED THE COMMITMENT, AND (IV) IF, AFTER GIVING EFFECT TO
ANY REDUCTION OF THE COMMITMENT, THE L/C SUBLIMIT EXCEEDS THE AMOUNT OF THE
COMMITMENT, SUCH SUBLIMIT SHALL BE AUTOMATICALLY REDUCED BY THE AMOUNT OF SUCH
EXCESS.
ALL FEES ACCRUED UNTIL THE EFFECTIVE DATE OF ANY TERMINATION OF THE
COMMITMENT SHALL BE PAID ON THE EFFECTIVE DATE OF SUCH TERMINATION.
2.06
REPAYMENT OF LOANS.
BORROWER SHALL REPAY TO THE LENDER ON THE
MATURITY DATE THE AGGREGATE PRINCIPAL AMOUNT OF COMMITTED LOANS OUTSTANDING ON
SUCH DATE.
2.07
INTEREST.
(A)
SUBJECT TO THE PROVISIONS OF SUBSECTION (B) BELOW,
(I) EACH EURODOLLAR RATE LOAN SHALL BEAR INTEREST ON THE OUTSTANDING PRINCIPAL
AMOUNT THEREOF FOR EACH INTEREST PERIOD AT A RATE PER ANNUM EQUAL TO THE
EURODOLLAR RATE FOR SUCH INTEREST PERIOD PLUS THE APPLICABLE RATE; AND (II) EACH
BASE RATE COMMITTED LOAN SHALL BEAR INTEREST ON THE OUTSTANDING
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PRINCIPAL AMOUNT THEREOF FROM THE APPLICABLE BORROWING DATE AT A RATE PER ANNUM
EQUAL TO THE BASE RATE PLUS THE APPLICABLE RATE.
(B)
(I)
IF ANY AMOUNT OF PRINCIPAL OF ANY LOAN IS NOT PAID
WHEN DUE (WITHOUT REGARD TO ANY APPLICABLE GRACE PERIODS), WHETHER AT STATED
MATURITY, BY ACCELERATION OR OTHERWISE, SUCH AMOUNT SHALL THEREAFTER BEAR
INTEREST AT A FLUCTUATING INTEREST RATE PER ANNUM AT ALL TIMES EQUAL TO THE
DEFAULT RATE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
(II)
IF ANY AMOUNT (OTHER THAN PRINCIPAL OF ANY LOAN)