THAT (AFTER GIVING EFFECT TO ALL SUCH TRANSFERS) THE AMOUNT OF
LOANS MADE BY EACH LENDER SHALL BE EQUAL TO SUCH LENDER'S PRO RATA SHARE OF THE
AGGREGATE AMOUNT OF LOANS OUTSTANDING AS OF SUCH SETTLEMENT DATE.
DURING AN
EVENT OF DEFAULT OR UNMATURED EVENT OF DEFAULT RELATING TO A BANKRUPTCY EVENT,
AMOUNTS REQUIRED TO BE TRANSFERRED BY THE LENDERS TO ADMINISTRATIVE AGENT SHALL,
INSTEAD OF CONSTITUTING LOANS TO THE BORROWERS, BE IN THE FORM OF PARTICIPATIONS
PURCHASED BY THE LENDERS IN THE OUTSTANDING LOANS OF DB, ACTING AS
ADMINISTRATIVE AGENT.
IF THE SUMMARY STATEMENT IS RECEIVED BY THE LENDERS PRIOR
TO 12:00 NOON (NEW YORK CITY TIME) ON ANY BUSINESS DAY, EACH LENDER SHALL MAKE
THE TRANSFERS DESCRIBED ABOVE IN IMMEDIATELY AVAILABLE FUNDS NO LATER THAN 3:00
P.M. (NEW YORK CITY TIME) ON THE DAY SUCH SUMMARY STATEMENT WAS RECEIVED; AND IF
SUCH SUMMARY STATEMENT IS RECEIVED BY THE LENDERS AFTER 12:00 NOON (NEW YORK
CITY TIME) ON SUCH DAY, EACH LENDER SHALL MAKE SUCH TRANSFERS NO LATER THAN 3:00
P.M. (NEW YORK CITY TIME) ON THE NEXT SUCCEEDING
69
BUSINESS DAY.
THE OBLIGATION OF EACH OF THE LENDERS TO TRANSFER SUCH FUNDS
SHALL BE IRREVOCABLE AND UNCONDITIONAL AND WITHOUT RECOURSE TO OR WARRANTY BY
ADMINISTRATIVE AGENT.
EACH OF ADMINISTRATIVE AGENT AND THE LENDERS AGREES TO
MARK ITS BOOKS AND RECORDS ON THE SETTLEMENT DATE TO SHOW AT ALL TIMES THE
DOLLAR AMOUNT OF ITS PRO RATA SHARE OF THE OUTSTANDING LOANS.
(II)
TO THE EXTENT THAT THE SETTLEMENT DESCRIBED ABOVE SHALL NOT YET
HAVE OCCURRED, UPON REPAYMENT OF LOANS BY THE BORROWERS, ADMINISTRATIVE AGENT
MAY FIRST APPLY SUCH AMOUNTS REPAID DIRECTLY TO THE AMOUNTS MADE AVAILABLE BY
ADMINISTRATIVE AGENT PURSUANT TO THIS SECTION 4.9(B).
(III)
BECAUSE ADMINISTRATIVE AGENT ON BEHALF OF THE LENDERS MAY BE
ADVANCING AND/OR MAY BE REPAID LOANS PRIOR TO THE TIME WHEN THE LENDERS WILL
ACTUALLY ADVANCE AND/OR BE REPAID LOANS, INTEREST WITH RESPECT TO LOANS SHALL BE
ALLOCATED BY ADMINISTRATIVE AGENT TO EACH LENDER AND ADMINISTRATIVE AGENT IN
ACCORDANCE WITH THE AMOUNT OF LOANS ACTUALLY ADVANCED BY AND REPAID TO EACH
LENDER AND ADMINISTRATIVE AGENT AND SHALL ACCRUE FROM AND INCLUDING THE DATE
SUCH LOANS ARE SO ADVANCED TO BUT EXCLUDING THE DATE SUCH LOANS ARE EITHER
REPAID BY THE BORROWERS IN ACCORDANCE WITH SECTION 4.5 OR ACTUALLY SETTLED BY
THE APPLICABLE LENDER AS DESCRIBED IN THIS SECTION 4.9(B).
(C)
THE FAILURE OF ANY LENDER TO MAKE ANY LOAN ON ANY DATE OF
BORROWING SHALL NOT RELIEVE ANY OTHER LENDER OF ANY OBLIGATION HEREUNDER TO MAKE
A LOAN ON THE DATE OF SUCH BORROWING, BUT NO LENDER SHALL BE RESPONSIBLE FOR THE
FAILURE OF ANY OTHER LENDER TO MAKE THE LOAN OR SUCH ADVANCE TO BE MADE BY SUCH
OTHER LENDER ON THE DATE OF ANY BORROWING.
4.10
SHARING OF PAYMENTS; ETC.
(A)
IF ANY LENDER (A "BENEFITED LENDER") SHALL AT ANY TIME RECEIVE ANY
PAYMENT OF ALL OR PART OF ITS LOANS, OR INTEREST THEREON, OR RECEIVE ANY
COLLATERAL IN RESPECT