OF ALL REVOLVING LENDERS CASH
IN AN AMOUNT EQUAL TO 105% OF THE AGGREGATE OUTSTANDING LETTER OF CREDIT
OBLIGATIONS TO BE AVAILABLE TO AGENT TO REIMBURSE PAYMENTS OF DRAFTS DRAWN UNDER
SUCH LETTERS OF CREDIT AND PAY ANY FEES AND EXPENSES RELATED THERETO.
1.6
MATURITY.
(A)
THE PRINCIPAL AMOUNT OF THE TERM LOANS SHALL BE PAID IN
INSTALLMENTS IN THE AMOUNTS AND ON THE DATES SET FORTH IN SECTION 1.1(A) HEREOF.
(B)
BORROWER SHALL REPAY TO THE LENDERS IN FULL ON THE DATE SPECIFIED
IN CLAUSE (A) OF THE DEFINITION OF "COMMITMENT TERMINATION DATE" THE AGGREGATE
PRINCIPAL AMOUNT OF THE REVOLVING LOAN AND SWING LINE LOANS OUTSTANDING ON SUCH
DATE.
(C)
ALL OF THE OBLIGATIONS SHALL BECOME DUE AND PAYABLE AS OTHERWISE
SET FORTH HEREIN, BUT IN ANY EVENT ALL OF THE REMAINING OBLIGATIONS SHALL BECOME
DUE AND PAYABLE UPON THE TERM LOAN MATURITY DATE.
UNTIL THE TERMINATION DATE,
AGENT SHALL BE ENTITLED TO RETAIN THE LIENS ON THE COLLATERAL GRANTED UNDER THE
COLLATERAL DOCUMENTS AND THE ABILITY TO EXERCISE ALL RIGHTS AND REMEDIES
AVAILABLE TO IT UNDER APPLICABLE LAWS AND CO-ADMINISTRATIVE AGENTS SHALL BE
ENTITLED TO RETAIN THEIR RESPECTIVE ABILITIES TO EXERCISE ALL RIGHTS AND
REMEDIES AVAILABLE TO THEM UNDER THE LOAN DOCUMENTS.
NOTWITHSTANDING ANYTHING
CONTAINED IN THIS AGREEMENT TO THE CONTRARY, UPON
17
ANY TERMINATION OF THE REVOLVING LOAN COMMITMENT, ALL OF THE OBLIGATIONS SHALL
BE DUE AND PAYABLE.
1.7
LOAN ACCOUNTS.
(A)
AGENT, ON BEHALF OF THE LENDERS, SHALL RECORD ON ITS BOOKS AND
RECORDS THE AMOUNT OF EACH LOAN MADE, THE INTEREST RATE APPLICABLE, ALL PAYMENTS
OF PRINCIPAL AND INTEREST THEREON AND THE PRINCIPAL BALANCE THEREOF FROM TIME TO
TIME OUTSTANDING.
AGENT SHALL DELIVER TO BORROWER ON A MONTHLY BASIS A LOAN
STATEMENT SETTING FORTH SUCH RECORD FOR THE IMMEDIATELY PRECEDING MONTH.
UNLESS
BORROWER NOTIFIES AGENT IN WRITING OF ANY OBJECTION TO ANY SUCH ACCOUNTING
(SPECIFICALLY DESCRIBING THE BASIS FOR SUCH OBJECTION) WITHIN FORTY-FIVE (45)
DAYS AFTER THE DATE THEREOF, SUCH RECORD SHALL, ABSENT MANIFEST ERROR, BE
CONCLUSIVE EVIDENCE OF THE AMOUNT OF THE LOANS MADE BY THE LENDERS TO BORROWER
AND THE INTEREST AND PAYMENTS THEREON.
ANY FAILURE TO SO RECORD OR ANY ERROR IN
DOING SO, OR ANY FAILURE TO DELIVER SUCH LOAN STATEMENT SHALL NOT, HOWEVER,
LIMIT OR OTHERWISE AFFECT THE OBLIGATION OF BORROWER HEREUNDER (AND UNDER ANY
NOTE) TO PAY ANY AMOUNT OWING WITH RESPECT TO THE LOANS OR PROVIDE THE BASIS FOR
ANY CLAIM AGAINST AGENT.
(B)
AGENT, ACTING AS AGENT OF BORROWER SOLELY FOR TAX PURPOSES AND
SOLELY WITH RESPECT TO THE ACTIONS DESCRIBED IN THIS SECTION 1.7(B), SHALL
ESTABLISH AND MAINTAIN AT ITS ADDRESS REFERRED TO IN SECTION 9.3 (OR AT SUCH
OTHER ADDRESS AS AGENT MAY NOTIFY BORROWER) (A) A RECORD OF OWNERSHIP (THE
"REGISTER") IN WHICH AGENT AGREES TO REGISTER BY BOOK ENTRY THE INTERESTS
(INCLUDING ANY RIGHTS TO RECEIVE PAYMENT HEREUNDER) OF AGENT, EACH LENDER AND
EACH L/C ISSUER IN THE TERM LOANS, REVOLVING LOANS, SWING LOANS AND LETTER OF
CREDIT OBLIGATIONS, EACH OF THEIR