LENDER THROUGH AGENT), COPIES OF ANY
LETTER OF CREDIT ISSUED BY SUCH L/C ISSUER AND ANY RELATED L/C REIMBURSEMENT
AGREEMENT AND SUCH OTHER DOCUMENTS AND INFORMATION AS MAY REASONABLY BE
REQUESTED BY AGENT; (C) ON THE FIRST BUSINESS DAY OF EACH CALENDAR WEEK, A
SCHEDULE OF THE LETTERS OF CREDIT ISSUED BY SUCH L/C ISSUER, IN FORM AND
SUBSTANCE REASONABLY SATISFACTORY TO AGENT, SETTING FORTH THE LETTER OF CREDIT
OBLIGATIONS FOR SUCH LETTERS OF CREDIT OUTSTANDING ON THE LAST BUSINESS DAY OF
THE PREVIOUS CALENDAR WEEK; AND (D) PROMPTLY FOLLOWING REQUEST BY AGENT, SUCH
ADDITIONAL INFORMATION REASONABLY REQUESTED BY AGENT FROM TIME TO TIME WITH
RESPECT TO THE LETTERS OF CREDIT ISSUED BY SUCH L/C ISSUER.
(VI)
OUTSTANDING LETTERS OF CREDIT.
THE LETTERS OF CREDIT OUTSTANDING
ON THE RESTATEMENT DATE AND LISTED ON SCHEDULE 1.1(D) HERETO (THE "EXISTING
LETTERS OF CREDIT") WERE ISSUED PURSUANT TO THE EXISTING CREDIT AGREEMENT AND
WERE THE ONLY LETTERS OF CREDIT ISSUED UNDER THE EXISTING CREDIT AGREEMENT WHICH
WERE OUTSTANDING AS OF THE RESTATEMENT DATE.
BORROWER, ISSUER AND EACH OF THE
LENDERS HEREBY AGREE WITH RESPECT TO THE EXISTING LETTERS OF CREDIT THAT SUCH
EXISTING LETTERS OF CREDIT, FOR ALL PURPOSES UNDER THIS AGREEMENT, INCLUDING,
WITHOUT LIMITATION, SECTIONS 1.1(D)(I), (D)(II) AND (D)(V), SHALL BE DEEMED TO
BE LETTERS OF CREDIT GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND
FOR PURPOSES OF SECTION 1.3(C) HEREOF.
ON THE LAST DAY OF THE CURRENT TERM OF
ANY EXISTING LETTER OF CREDIT WHICH WOULD OTHERWISE BE RENEWED (AUTOMATICALLY OR
OTHERWISE) FOR ONE OR MORE ADDITIONAL TERMS, SUCH EXISTING LETTER OF CREDIT
SHALL BE TERMINATED AND THE BORROWER SHALL, PURSUANT TO THE TERMS OF THIS
SECTION 1.1(D), REQUEST THAT SUNTRUST, AS L/C ISSUER, ISSUE A LETTER OF CREDIT
HEREUNDER TO REPLACE SUCH EXISTING LETTER OF CREDIT.
(E)
FUNDING AUTHORIZATION.
THE PROCEEDS OF ALL LOANS MADE PURSUANT TO
THIS AGREEMENT ON AND SUBSEQUENT TO THE RESTATEMENT DATE ARE TO BE FUNDED BY
AGENT BY WIRE TRANSFER TO THE ACCOUNT DESIGNATED BY BORROWER BELOW (THE
"DISBURSEMENT ACCOUNT"):
Bank:
Chevy Chase Bank
ABA No.:
255071981
Bank Address:
6200 Chevy Chase Drive
Laurel, MD 20707
Account No.:
500-431622-8
Reference:
To the account of Transaction Network Services, Inc.
Borrower shall provide Agent with written notice of any change in the foregoing
instructions at least three (3) Business Days before the desired effective date
of such change.
9
1.2
INTEREST AND APPLICABLE MARGINS.
(A)
BORROWER SHALL PAY INTEREST TO AGENT, FOR THE RATABLE BENEFIT OF
LENDERS, IN ACCORDANCE WITH THE VARIOUS LOANS BEING MADE BY EACH LENDER (OR IN
THE CASE OF THE SWING LINE LOAN, FOR THE BENEFIT OF THE SWING LINE LENDER), IN
ARREARS ON EACH APPLICABLE INTEREST PAYMENT DATE, AT THE FOLLOWING RATES:
(I) WITH RESPECT TO THE REVOLVING CREDIT ADVANCES WHICH ARE DESIGNATED AS INDEX
RATE LOANS (AND FOR ALL OTHER OBLIGATIONS NOT OTHERWISE SET FORTH BELOW), THE
INDEX RATE PLUS THE APPLICABLE REVOLVER INDEX MARGIN PER ANNUM OR, WITH RESPECT
TO REVOLVING CREDIT ADVANCES WHICH ARE DESIGNATED AS