ON DEMAND.
INTEREST SHALL ALSO BE PAYABLE ON ALL THEN OUTSTANDING
REVOLVING LOANS ON THE REVOLVER TERMINATION DATE AND ON ALL LOANS ON THE DATE OF
REPAYMENT (INCLUDING PREPAYMENT) THEREOF (EXCEPT THAT ACCRUED INTEREST NEED NOT
BE PAID IN CONNECTION WITH VOLUNTARY PREPAYMENTS PURSUANT TO SECTION 4.3 OF
SWING LINE LOANS AND REVOLVING LOANS THAT ARE BASE RATE LOANS MADE ON ANY DAY
OTHER THAN A QUARTERLY PAYMENT DATE OR THE REVOLVER TERMINATION DATE; PROVIDED
SUCH ACCRUED INTEREST IS PAID ON THE NEXT QUARTERLY PAYMENT DATE) OR ON THE DATE
OF MATURITY (BY ACCELERATION OR OTHERWISE), AS APPLICABLE, OF SUCH LOANS.
DURING THE EXISTENCE OF ANY EVENT OF DEFAULT, INTEREST ON ANY LOAN SHALL BE
PAYABLE ON DEMAND.
INTEREST TO BE PAID WITH RESPECT TO LOANS DENOMINATED IN
(X) DOLLARS SHALL BE PAID IN DOLLARS AND (Y) IN AN ALTERNATIVE CURRENCY SHALL BE
IN SUCH ALTERNATIVE CURRENCY.
D.
NOTIFICATION OF RATE.
THE ADMINISTRATIVE
AGENT, UPON DETERMINING THE INTEREST RATE FOR ANY BORROWING OF EUROCURRENCY
LOANS FOR ANY INTEREST PERIOD, SHALL PROMPTLY NOTIFY THE BORROWER AND THE
LENDERS THEREOF.
SUCH DETERMINATION SHALL, ABSENT MANIFEST ERROR AND SUBJECT TO
SECTION 3.6, BE FINAL, CONCLUSIVE AND BINDING UPON ALL PARTIES HERETO.
72
E.
DEFAULT INTEREST. NOTWITHSTANDING THE
RATES OF INTEREST SPECIFIED HEREIN, EFFECTIVE ON THE DATE OF THE OCCURRENCE OF
ANY EVENT OF DEFAULT AND FOR SO LONG THEREAFTER AS ANY SUCH EVENT OF DEFAULT
SHALL BE CONTINUING, AND EFFECTIVE IMMEDIATELY UPON ANY FAILURE TO PAY ANY
OBLIGATIONS OR ANY OTHER AMOUNTS DUE UNDER ANY OF THE LOAN DOCUMENTS WHEN DUE,
WHETHER BY ACCELERATION OR OTHERWISE, THE PRINCIPAL BALANCE OF EACH LOAN THEN
OUTSTANDING AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY INTEREST PAYMENT
ON EACH LOAN NOT PAID WHEN DUE OR OTHER AMOUNTS THEN DUE AND PAYABLE SHALL BEAR
INTEREST PAYABLE ON DEMAND, AFTER AS WELL AS BEFORE JUDGMENT, AT A RATE PER
ANNUM EQUAL TO THE DEFAULT RATE.
F.
MAXIMUM INTEREST.
IF ANY INTEREST
PAYMENT OR OTHER CHARGE OR FEE PAYABLE HEREUNDER EXCEEDS THE MAXIMUM AMOUNT THEN
PERMITTED BY APPLICABLE LAW, THE BORROWER SHALL BE OBLIGATED TO PAY THE MAXIMUM
AMOUNT THEN PERMITTED BY APPLICABLE LAW AND THE BORROWER SHALL CONTINUE TO PAY
THE MAXIMUM AMOUNT FROM TIME TO TIME PERMITTED BY APPLICABLE LAW UNTIL ALL SUCH
INTEREST PAYMENTS AND OTHER CHARGES AND FEES OTHERWISE DUE HEREUNDER (IN THE
ABSENCE OF SUCH RESTRAINT IMPOSED BY APPLICABLE LAW) HAVE BEEN PAID IN FULL.
11.2.
FEES
A.
COMMITMENT FEES.
THE BORROWER SHALL PAY TO
THE ADMINISTRATIVE AGENT FOR PRO RATA DISTRIBUTION TO EACH NON-IMPAIRED LENDER
HAVING A REVOLVING COMMITMENT (BASED ON ITS PRO RATA SHARE) A COMMITMENT FEE
(THE "COMMITMENT FEE") FOR THE PERIOD COMMENCING ON THE CLOSING DATE TO AND
INCLUDING THE REVOLVER TERMINATION DATE, COMPUTED AT A RATE EQUAL TO THE
APPLICABLE COMMITMENT FEE PERCENTAGE PER ANNUM ON THE AVERAGE DAILY TOTAL
AVAILABLE REVOLVING COMMITMENT, WHICH SHALL
BE CALCULATED BASED UPON THE TIME
PERIOD AS TO WHICH SUCH COMMITMENT FEE IS BEING PAID.
UNLESS OTHERWISE
SPECIFIED, ACCRUED COMMITMENT FEES