A CORRESPONDING AMOUNT.
IF AND TO THE EXTENT
THAT SUCH LENDER SHALL NOT HAVE MADE SUCH PORTION AVAILABLE TO THE
ADMINISTRATIVE AGENT, EACH OF SUCH LENDER AND THE RELEVANT BORROWER AGREES TO
REPAY TO THE ADMINISTRATIVE AGENT FORTHWITH ON DEMAND SUCH CORRESPONDING AMOUNT
TOGETHER WITH INTEREST THEREON, FOR EACH DAY FROM THE DATE SUCH AMOUNT IS MADE
AVAILABLE TO SUCH BORROWER UNTIL THE DATE SUCH AMOUNT IS REPAID TO THE
ADMINISTRATIVE AGENT AT (I) IN THE CASE OF SUCH BORROWER, THE INTEREST RATE
APPLICABLE AT THE TIME TO THE RELEVANT LOAN AND (II) IN THE CASE OF SUCH LENDER,
THE GREATER OF THE FEDERAL FUNDS EFFECTIVE RATE AND A RATE DETERMINED BY THE
ADMINISTRATIVE AGENT IN ACCORDANCE WITH BANKING INDUSTRY RULES ON INTERBANK
COMPENSATION OR, IN THE CASE OF A LOAN DENOMINATED IN A FOREIGN CURRENCY, THE
RATE WHICH WOULD REASONABLY AND CUSTOMARILY BE CHARGED FOR INTER-BANK
OBLIGATIONS DENOMINATED IN SUCH FOREIGN CURRENCY.
IF SUCH LENDER SHALL REPAY TO
THE ADMINISTRATIVE AGENT SUCH CORRESPONDING AMOUNT, SUCH AMOUNT SHALL CONSTITUTE
SUCH LENDER'S LOAN AS PART OF SUCH BORROWING FOR THE PURPOSES OF THIS AGREEMENT;
PROVIDED, THAT SUCH REPAYMENT SHALL NOT RELEASE SUCH LENDER FROM ANY LIABILITY
IT MAY HAVE TO SUCH BORROWER FOR THE FAILURE TO MAKE SUCH LOAN AT THE TIME
REQUIRED HEREIN.
(C)
THE FAILURE OF ANY LENDER TO MAKE ANY LOAN
SHALL NOT IN ITSELF RELIEVE ANY OTHER LENDER OF ITS OBLIGATION TO LEND HEREUNDER
(IT BEING UNDERSTOOD, HOWEVER, THAT NO LENDER SHALL BE RESPONSIBLE FOR THE
FAILURE OF ANY OTHER LENDER TO MAKE ANY LOAN REQUIRED TO BE MADE BY SUCH OTHER
LENDER).
(D)
EACH LENDER MAY AT ITS OPTION MAKE ANY
EUROCURRENCY LOAN BY CAUSING ANY DOMESTIC OR FOREIGN BRANCH OR LENDER AFFILIATE
OF SUCH LENDER TO MAKE SUCH LOAN; PROVIDED, THAT ANY EXERCISE OF SUCH OPTION
SHALL NOT AFFECT THE OBLIGATION OF THE RELEVANT BORROWER TO REPAY SUCH LOAN IN
ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
(E)
EACH LENDER SHALL MAINTAIN IN ACCORDANCE
WITH ITS USUAL PRACTICE AN ACCOUNT OR ACCOUNTS EVIDENCING THE INDEBTEDNESS TO
SUCH LENDER RESULTING FROM EACH LOAN MADE BY IT FROM TIME TO TIME, INCLUDING THE
AMOUNTS OF PRINCIPAL AND INTEREST PAYABLE AND PAID TO SUCH LENDER FROM TIME TO
TIME UNDER THIS AGREEMENT.
THE ADMINISTRATIVE AGENT SHALL MAINTAIN ACCOUNTS IN
WHICH IT WILL RECORD (I) THE AMOUNT OF EACH LOAN MADE HEREUNDER, THE BORROWER
WITH RESPECT TO EACH LOAN, THE TYPE OF EACH LOAN AND EACH INTEREST PERIOD, IF
ANY, APPLICABLE THERETO,
43
(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) THE AMOUNT OF
ANY SUM RECEIVED BY THE ADMINISTRATIVE AGENT HEREUNDER FROM ANY BORROWER AND
EACH LENDER'S SHARE THEREOF.
THE ENTRIES MADE IN THE ACCOUNTS MAINTAINED
PURSUANT TO THIS PARAGRAPH (E) SHALL, TO THE EXTENT PERMITTED BY APPLICABLE LAW,
BE PRIMA FACIE EVIDENCE OF THE EXISTENCE AND AMOUNTS OF THE OBLIGATIONS THEREIN
RECORDED; PROVIDED, HOWEVER, THAT THE FAILURE OF