OF OBLIGATIONS NOT
SUBJECT TO THE APPLICABLE MARGIN (OTHER THAN THE FEES
4
DESCRIBED IN SECTION 1.9), AT A RATE PER ANNUM EQUAL TO THE RATE PER ANNUM
APPLICABLE TO REVOLVING LOANS WHICH ARE (OR IF ANY WERE) BASE RATE LOANS
(INCLUDING THE APPLICABLE MARGIN WITH RESPECT THERETO) PLUS TWO PERCENT (2.0%);
PROVIDED, HOWEVER, THAT, ON AND AFTER THE EXPIRATION OF ANY INTEREST PERIOD
APPLICABLE TO ANY LIBOR RATE LOAN OUTSTANDING DURING THE CONTINUATION OF SUCH
EVENT OF DEFAULT, THE PRINCIPAL AMOUNT OF SUCH LOAN SHALL, DURING THE
CONTINUATION OF SUCH EVENT OF DEFAULT, BEAR INTEREST AT A RATE PER ANNUM EQUAL
TO THE BASE RATE PLUS THE APPLICABLE MARGIN PLUS TWO PERCENT (2.0%).
ALL SUCH
INTEREST SHALL BE PAYABLE ON DEMAND OF THE AGENT OR THE REQUIRED LENDERS.
(D)
ANYTHING HEREIN TO THE CONTRARY
NOTWITHSTANDING, THE OBLIGATIONS OF THE BORROWER HEREUNDER AND UNDER THE OTHER
LOAN DOCUMENTS SHALL BE SUBJECT TO THE LIMITATION THAT PAYMENTS OF INTEREST
SHALL NOT BE REQUIRED, FOR ANY PERIOD FOR WHICH INTEREST IS COMPUTED HEREUNDER
OR THEREUNDER, TO THE EXTENT (BUT ONLY TO THE EXTENT) THAT CONTRACTING FOR OR
RECEIVING SUCH PAYMENT BY THE RESPECTIVE LENDER WOULD BE CONTRARY TO THE
PROVISIONS OF ANY LAW APPLICABLE TO SUCH LENDER LIMITING THE HIGHEST RATE OF
INTEREST WHICH MAY BE LAWFULLY CONTRACTED FOR, CHARGED OR RECEIVED BY SUCH
LENDER, AND IN SUCH EVENT THE BORROWER SHALL PAY SUCH LENDER INTEREST AT THE
HIGHEST RATE PERMITTED BY APPLICABLE LAW.
1.4
LOAN ACCOUNTS.
THE AGENT, ON BEHALF OF THE
LENDERS, SHALL RECORD ON ITS BOOKS AND RECORDS THE AMOUNT OF EACH LOAN MADE, THE
INTEREST RATE APPLICABLE, ALL PAYMENTS OF PRINCIPAL AND INTEREST THEREON AND THE
PRINCIPAL BALANCE THEREOF FROM TIME TO TIME OUTSTANDING.
THE AGENT SHALL
DELIVER TO THE BORROWER ON A MONTHLY BASIS A LOAN STATEMENT SETTING FORTH SUCH
RECORD FOR THE IMMEDIATELY PRECEDING MONTH.
SUCH RECORD SHALL, ABSENT
DEMONSTRABLE ERROR, BE CONCLUSIVE EVIDENCE OF THE AMOUNT OF THE LOANS MADE BY
THE LENDERS TO THE BORROWER AND THE INTEREST AND PAYMENTS THEREON.
ANY FAILURE
TO SO RECORD OR ANY ERROR IN DOING SO, OR ANY FAILURE TO DELIVER SUCH LOAN
STATEMENT SHALL NOT, HOWEVER, LIMIT OR OTHERWISE AFFECT THE OBLIGATION OF THE
BORROWER HEREUNDER (AND UNDER ANY NOTE) TO PAY ANY AMOUNT OWING WITH RESPECT TO
THE LOANS OR PROVIDE THE BASIS FOR ANY CLAIM AGAINST THE AGENT OR ANY LENDER.
1.5
PROCEDURE FOR REVOLVING CREDIT AND CAPEX
LOAN BORROWING.
(A)
EACH BORROWING OF A REVOLVING LOAN AND/OR A
CAPEX LOAN SHALL BE MADE UPON THE BORROWER'S IRREVOCABLE (SUBJECT TO
SECTION 10.5 HEREOF) WRITTEN NOTICE DELIVERED TO THE AGENT IN THE FORM OF A
NOTICE OF BORROWING, WHICH NOTICE MUST BE RECEIVED BY THE AGENT PRIOR TO
12:30 P.M. (CHICAGO TIME) (I) ON THE REQUESTED BORROWING DATE IN THE CASE OF
EACH BASE RATE LOAN EQUAL TO OR LESS THAN $1,000,000 AND IN THE CASE OF THE
LOANS TO BE MADE ON THE RESTATEMENT EFFECTIVE DATE, (II) ON THE DATE WHICH IS
ONE (1)