HEREUNDER.
8.5
DISBURSEMENTS OF ADVANCES; PAYMENTS.
(A)
PRO RATA TREATMENT; APPLICATION.
UPON RECEIPT BY ADMINISTRATIVE
AGENT OF EACH PAYMENT FROM BORROWER HEREUNDER, OTHER THAN AS DESCRIBED IN THE
SUCCEEDING SENTENCE, ADMINISTRATIVE AGENT SHALL PROMPTLY CREDIT EACH LENDER'S
ACCOUNT WITH ITS PRO RATA SHARE OF SUCH PAYMENT IN ACCORDANCE WITH SUCH LENDER'S
PRO RATA SHARE AND SHALL PROMPTLY WIRE ADVICE OF THE AMOUNT OF SUCH CREDIT TO
EACH LENDER.
EACH PAYMENT TO ANY PERSON (INCLUDING ADMINISTRATIVE AGENT) OF
FEES UNDER OR IN CONNECTION WITH ANY LOAN DOCUMENT SHALL BE MADE IN LIKE MANNER,
BUT FOR THE ACCOUNT OF SUCH PERSON (INCLUDING ADMINISTRATIVE AGENT).
76
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN THE EVENT THAT
ANY LENDER FAILS TO FUND ITS PRO RATA SHARE OF ANY LOAN IN ACCORDANCE WITH THIS
AGREEMENT (EACH SUCH FAILING LENDER, A "NON-FUNDING LENDER"; THE PORTION OF SUCH
LOAN FUNDED BY OTHER LENDERS, A "NON PRO RATA LOAN"), UNTIL SUCH NON-FUNDING
LENDER'S CURE OF SUCH FAILURE THE PROCEEDS OF ALL AMOUNTS THEREAFTER REPAID OR
PREPAID TO ADMINISTRATIVE AGENT BY OR ON BEHALF OF BORROWER AND OTHERWISE
REQUIRED TO BE APPLIED TO SUCH NON-FUNDING LENDER'S SHARE OF ANY OF THE
OBLIGATIONS PURSUANT TO THE TERMS OF THIS AGREEMENT SHALL BE ADVANCED TO
BORROWER BY ADMINISTRATIVE AGENT ON BEHALF OF SUCH NON-FUNDING LENDER TO CURE,
IN FULL OR IN PART, SUCH FAILURE BY SUCH NON-FUNDING LENDER, BUT SHALL
NEVERTHELESS BE DEEMED TO HAVE BEEN PAID TO SUCH NON-FUNDING LENDER IN
SATISFACTION OF SUCH OTHER OBLIGATIONS; PROVIDED, HOWEVER, THAT (I) THE
FOREGOING SHALL APPLY ONLY WITH RESPECT TO THE PROCEEDS OF PAYMENTS OF
OBLIGATIONS AND SHALL NOT AFFECT THE CONVERSION OR CONTINUATION OF LOANS
PURSUANT TO SUBSECTIONS 1.2(G) AND 1.3; (II) ANY SUCH NON-FUNDING LENDER SHALL
BE DEEMED TO HAVE CURED ITS FAILURE TO FUND ITS PRO RATA SHARE OF ANY LOAN AT
SUCH TIME AS AN AMOUNT EQUAL TO SUCH NON-FUNDING LENDER'S ORIGINAL PRO RATA
SHARE OF THE REQUESTED PRINCIPAL PORTION OF SUCH LOAN IS FULLY FUNDED TO
BORROWER, WHETHER MADE BY SUCH NON-FUNDING LENDER ITSELF OR BY OPERATION OF THE
TERMS OF THE FOREGOING, AND WHETHER OR NOT THE NON PRO RATA LOAN WITH RESPECT
THERETO HAS BEEN REPAID; (III) AMOUNTS ADVANCED TO BORROWER TO CURE, IN FULL OR
IN PART, ANY SUCH NON-FUNDING LENDER'S FAILURE TO FUND ITS PRO RATA SHARE OF ANY
LOAN ("CURE LOANS") SHALL BEAR INTEREST AT THE RATE APPLICABLE TO BASE RATE
LOANS IN EFFECT FROM TIME TO TIME, AND FOR ALL OTHER PURPOSES OF THIS AGREEMENT
SHALL BE TREATED AS IF THEY WERE BASE RATE LOANS; AND (IV) REGARDLESS OF WHETHER
OR NOT A DEFAULT HAS OCCURRED OR IS CONTINUING, AND NOTWITHSTANDING THE
INSTRUCTIONS OF BORROWER AS TO ITS DESIRED APPLICATION, ALL REPAYMENTS OR
PREPAYMENTS OF PRINCIPAL WHICH, IN ACCORDANCE WITH THE OTHER TERMS OF THIS
AGREEMENT, WOULD BE APPLIED TO THE OUTSTANDING BASE RATE LOANS SHALL BE APPLIED
FIRST, RATABLY TO ALL BASE RATE LOANS CONSTITUTING NON PRO RATA LOANS, SECOND,
RATABLY TO BASE RATE LOANS OTHER THAN