DEFAULT BY ANY OTHER LENDER IN SUCH
OTHER LENDER'S OBLIGATION TO MAKE ITS LOAN HEREUNDER.
B.
AVAILABILITY OF FUNDS.
UNLESS THE
ADMINISTRATIVE AGENT SHALL HAVE BEEN NOTIFIED BY ANY LENDER PRIOR TO THE CREDIT
DATE THAT SUCH LENDER DOES NOT INTEND TO MAKE AVAILABLE TO THE ADMINISTRATIVE
AGENT THE AMOUNT OF SUCH LENDER'S LOAN REQUESTED ON THE CREDIT DATE, THE
ADMINISTRATIVE AGENT MAY ASSUME THAT SUCH LENDER HAS MADE SUCH AMOUNT AVAILABLE
TO THE ADMINISTRATIVE AGENT ON THE CREDIT DATE AND THE ADMINISTRATIVE AGENT MAY,
IN ITS SOLE DISCRETION, BUT SHALL NOT BE OBLIGATED TO, MAKE AVAILABLE TO THE
BORROWER A CORRESPONDING AMOUNT ON THE CREDIT DATE.
IF SUCH CORRESPONDING
AMOUNT IS NOT IN FACT MADE AVAILABLE TO THE ADMINISTRATIVE AGENT BY SUCH LENDER
OR AN AFFILIATE OF SUCH LENDER, THE ADMINISTRATIVE AGENT SHALL BE ENTITLED TO
RECOVER SUCH CORRESPONDING AMOUNT ON DEMAND FROM SUCH LENDER TOGETHER WITH
INTEREST THEREON, FOR EACH DAY FROM THE CREDIT DATE UNTIL THE DATE SUCH AMOUNT
IS PAID TO THE ADMINISTRATIVE AGENT, AT THE CUSTOMARY RATE SET BY THE
ADMINISTRATIVE AGENT FOR THE CORRECTION OF ERRORS AMONG BANKS FOR THREE BUSINESS
DAYS AND THEREAFTER AT THE BASE RATE.
IF SUCH LENDER DOES NOT PAY SUCH
CORRESPONDING AMOUNT FORTHWITH UPON THE ADMINISTRATIVE AGENT'S DEMAND THEREFOR,
THE ADMINISTRATIVE AGENT SHALL PROMPTLY NOTIFY THE BORROWER AND THE BORROWER
SHALL IMMEDIATELY PAY SUCH CORRESPONDING AMOUNT TO THE ADMINISTRATIVE AGENT
TOGETHER WITH INTEREST THEREON, FOR EACH DAY FROM THE CREDIT DATE UNTIL THE DATE
SUCH AMOUNT IS PAID TO THE ADMINISTRATIVE AGENT, AT THE RATE PAYABLE HEREUNDER
FOR BASE RATE LOANS.
NOTHING IN THIS SECTION 2.3B SHALL BE DEEMED TO RELIEVE
ANY LENDER FROM ITS OBLIGATION TO FULFILL ITS COMMITMENTS HEREUNDER OR TO
PREJUDICE ANY RIGHTS THAT THE BORROWER MAY HAVE AGAINST ANY LENDER AS A RESULT
OF ANY DEFAULT BY SUCH LENDER HEREUNDER.
2.4
The Register; Evidence of Debt; Notes.
A.
REGISTER.
(I)
THE ADMINISTRATIVE AGENT SHALL MAINTAIN
AT ITS PAYMENT AND FUNDING OFFICE A REGISTER FOR THE RECORDATION OF THE NAMES
AND ADDRESSES OF THE LENDERS AND THE COMMITMENT AND LOAN OF EACH LENDER FROM
TIME TO TIME (THE "REGISTER").
THE REGISTER SHALL BE AVAILABLE FOR INSPECTION
BY THE BORROWER OR ANY LENDER AT ANY REASONABLE TIME AND FROM TIME TO TIME UPON
REASONABLE PRIOR NOTICE.
THE ADMINISTRATIVE AGENT SHALL RECORD IN THE REGISTER
THE COMMITMENT AND THE LOAN OF EACH LENDER, AND EACH REPAYMENT OR PREPAYMENT IN
RESPECT OF THE PRINCIPAL AMOUNT OF SUCH LOANS.
ANY SUCH RECORDATION SHALL BE
PRIMA FACIE EVIDENCE OF THE
22
AMOUNT OWED TO SUCH LENDER HEREUNDER; PROVIDED THAT FAILURE TO MAKE ANY SUCH
RECORDATION, OR ANY ERROR IN SUCH RECORDATION, SHALL NOT AFFECT ANY LENDER'S
COMMITMENT OR THE OBLIGATIONS IN RESPECT OF ANY LOAN.
THE BORROWER HEREBY
DESIGNATES CITIBANK TO SERVE AS THE BORROWER'S AGENT SOLELY FOR PURPOSES OF
MAINTAINING THE REGISTER AS PROVIDED IN THIS SECTION 2.4, AND THE BORROWER
HEREBY AGREES THAT, TO THE EXTENT CITIBANK SERVES IN SUCH CAPACITY, CITIBANK AND
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS