AMOUNT NOT LESS THAN
$10,000,000 AND INCREMENTS OF $1,000,000 IN EXCESS THEREOF AND IN AN AGGREGATE
PRINCIPAL AMOUNT SUCH THAT AFTER GIVING EFFECT THERETO NO BORROWING COMPRISED OF
BASE RATE ADVANCES SHALL HAVE A PRINCIPAL AMOUNT OUTSTANDING OF LESS THAN
$5,000,000 AND NO BORROWING COMPRISED OF EURODOLLAR RATE ADVANCES SHALL HAVE A
PRINCIPAL AMOUNT OUTSTANDING OF LESS THAN $10,000,000.
(C)
EACH NOTICE OF PREPAYMENT SHALL SPECIFY THE PREPAYMENT DATE AND THE
AGGREGATE PRINCIPAL AMOUNT OF EACH BORROWING TO BE PREPAID, SHALL BE IRREVOCABLE
AND SHALL COMMIT THE BORROWER TO PREPAY SUCH BORROWING BY THE AMOUNT STATED
THEREIN.
ALL
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PREPAYMENTS UNDER THIS SECTION 2.06 SHALL BE ACCOMPANIED BY ACCRUED INTEREST ON
THE PRINCIPAL AMOUNT BEING PREPAID TO THE DATE OF PREPAYMENT.
(D)
IN THE EVENT THAT A BANK SHALL INCUR ANY LOSS OR EXPENSE (INCLUDING,
WITHOUT LIMITATION, ANY LOSS OR EXPENSE INCURRED BY REASON OF THE LIQUIDATION OR
REEMPLOYMENT OF DEPOSITS OR OTHER FUNDS ACQUIRED BY THE BANK TO FUND OR MAINTAIN
ALL OR ANY PORTION OF THE OUTSTANDING PRINCIPAL AMOUNT OF ANY ADVANCE) AS A
RESULT OF THE PREPAYMENT OF A EURODOLLAR RATE ADVANCE OR CONVERSION OF ANY
EURODOLLAR BORROWING, ON A DATE OTHER THAN THE LAST DAY OF ANY INTEREST PERIOD
APPLICABLE THERETO, THEN THE BORROWER SHALL PAY TO THE ADMINISTRATIVE AGENT FOR
THE ACCOUNT OF SUCH BANK, ON DEMAND, SUCH AMOUNT AS WILL REIMBURSE THE BANK FOR
SUCH LOSS OR EXPENSE.
A CERTIFICATE AS TO THE AMOUNT OF SUCH LOSS OR EXPENSE
SETTING FORTH THE CALCULATION THEREOF, SUBMITTED BY SUCH BANK TO THE BORROWER
AND THE ADMINISTRATIVE AGENT, SHALL BE CONCLUSIVE AND BINDING FOR ALL PURPOSES
IN THE ABSENCE OF ERROR.
(E)
THE RECORDS MAINTAINED BY THE ADMINISTRATIVE AGENT AND THE BANKS SHALL BE
PRIMA FACIE EVIDENCE OF THE EXISTENCE AND AMOUNTS OF THE OBLIGATIONS OF THE
BORROWER IN RESPECT OF THE ADVANCES, INTEREST AND FEES DUE OR ACCRUED HEREUNDER,
PROVIDED THAT THE FAILURE OF THE ADMINISTRATIVE AGENT OR ANY BANK TO MAINTAIN
SUCH RECORDS OR ANY ERROR THEREIN SHALL NOT IN ANY MANNER AFFECT THE OBLIGATION
OF THE BORROWER TO PAY ANY AMOUNTS DUE HEREUNDER IN ACCORDANCE WITH THE TERMS OF
THIS AGREEMENT.
ANY BANK MAY REQUEST THAT ADVANCES MADE BY IT BE EVIDENCED BY A
NOTE.
IN SUCH EVENT, THE BORROWER SHALL PREPARE, EXECUTE AND DELIVER TO SUCH
BANK A NOTE PAYABLE TO SUCH BANK.
SECTION 2.07.INTEREST ON ADVANCES.
(A)
INTEREST ON ADVANCES.
THE BORROWER
SHALL PAY INTEREST ON THE UNPAID PRINCIPAL AMOUNT OF EACH ADVANCE MADE BY EACH
BANK FROM THE DATE OF SUCH ADVANCE UNTIL SUCH PRINCIPAL AMOUNT SHALL BE PAID IN
FULL, AT THE FOLLOWING RATES PER ANNUM (BUT SUBJECT TO THE PROVISIONS OF
SECTION 10.08):
(I) IF SUCH ADVANCE IS A BASE RATE ADVANCE, A RATE PER ANNUM EQUAL AT ALL TIMES
DURING THE INTEREST PERIOD FOR SUCH ADVANCE TO THE BASE RATE IN EFFECT FROM TIME
TO TIME DURING SUCH INTEREST PERIOD FOR SUCH ADVANCE PLUS THE APPLICABLE RATE IN
EFFECT FROM TIME TO TIME, PAYABLE ON THE LAST