TO GIVE OR DELAY IN GIVING
SUCH NOTICE SHALL NOT RELIEVE BORROWER OF ITS REIMBURSEMENT OBLIGATION TO THE
ISSUING BANK OR THE SYNTHETIC LC ISSUING BANK, AS APPLICABLE, AND THE REVOLVING
LENDERS WITH RESPECT TO ANY SUCH LC DISBURSEMENT (OTHER THAN WITH RESPECT TO THE
TIMING OF SUCH REIMBURSEMENT OBLIGATION SET FORTH IN SECTION 2.18(E)).
(H)
INTERIM INTEREST.
IF THE ISSUING BANK OR THE SYNTHETIC LC ISSUING
BANK, AS APPLICABLE, SHALL MAKE ANY LC DISBURSEMENT, THEN, UNLESS BORROWER SHALL
REIMBURSE SUCH LC DISBURSEMENT IN FULL ON THE DATE SUCH LC DISBURSEMENT IS MADE,
THE UNPAID AMOUNT THEREOF SHALL BEAR INTEREST PAYABLE ON DEMAND, FOR EACH DAY
FROM AND INCLUDING THE DATE SUCH LC DISBURSEMENT IS MADE TO BUT EXCLUDING THE
DATE THAT BORROWER REIMBURSES SUCH LC DISBURSEMENT, AT THE RATE PER ANNUM THE
APPLICABLE TO ABR REVOLVING LOANS, WITH RESPECT TO ANY REVOLVING LETTER OF
CREDIT, AND TO ABR TERM LOANS, WITH RESPECT TO ANY SYNTHETIC LETTER OF CREDIT.
INTEREST ACCRUED PURSUANT TO THIS PARAGRAPH SHALL BE FOR THE ACCOUNT OF THE
ISSUING BANK OR THE SYNTHETIC LC ISSUING BANK, AS APPLICABLE, EXCEPT THAT
INTEREST ACCRUED ON AND AFTER THE DATE OF PAYMENT BY ANY REVOLVING LENDER
PURSUANT TO SECTION 2.18(E) TO REIMBURSE THE ISSUING BANK OR THE SYNTHETIC LC
ISSUING BANK, AS APPLICABLE, SHALL BE FOR THE ACCOUNT OF SUCH LENDER TO THE
EXTENT OF SUCH PAYMENT.
(I)
CASH COLLATERALIZATION.
IF ANY EVENT OF DEFAULT SHALL OCCUR AND
BE CONTINUING, ON THE BUSINESS DAY THAT BORROWER RECEIVES NOTICE FROM THE
ADMINISTRATIVE AGENT OR THE REQUIRED LENDERS (OR, IF THE MATURITY OF THE LOANS
HAS BEEN ACCELERATED, IN THE CASE OF REVOLVING LETTERS OF CREDIT, REVOLVING
LENDERS WITH REVOLVING LC EXPOSURE REPRESENTING GREATER THAN 50% OF THE TOTAL
REVOLVING LC EXPOSURE) DEMANDING THE DEPOSIT OF CASH COLLATERAL PURSUANT TO THIS
PARAGRAPH, BORROWER SHALL DEPOSIT ON TERMS AND IN ACCOUNTS REASONABLY
SATISFACTORY TO THE COLLATERAL AGENT, IN THE NAME OF THE COLLATERAL AGENT AND
FOR THE BENEFIT OF THE REVOLVING LENDERS AN AMOUNT IN CASH EQUAL TO THE
REVOLVING EXPOSURE AS OF SUCH DATE PLUS ANY ACCRUED AND UNPAID INTEREST THEREON;
PROVIDED THAT THE OBLIGATION TO DEPOSIT SUCH CASH COLLATERAL SHALL BECOME
EFFECTIVE IMMEDIATELY, AND SUCH DEPOSIT SHALL BECOME IMMEDIATELY DUE AND
PAYABLE, WITHOUT DEMAND OR OTHER NOTICE OF ANY KIND, UPON THE OCCURRENCE OF ANY
EVENT OF DEFAULT WITH RESPECT TO BORROWER DESCRIBED IN SECTION 8.01(G) OR (H).
FUNDS SO DEPOSITED SHALL BE APPLIED BY THE COLLATERAL AGENT TO REIMBURSE THE
ISSUING BANK FOR LC DISBURSEMENTS FOR WHICH IT HAS NOT BEEN REIMBURSED AND, TO
THE EXTENT NOT SO APPLIED, SHALL BE HELD FOR THE SATISFACTION OF OUTSTANDING
REIMBURSEMENT OBLIGATIONS OR, IF THE MATURITY OF THE LOANS HAS BEEN ACCELERATED
(BUT SUBJECT TO THE CONSENT OF REVOLVING LENDERS WITH REVOLVING EXPOSURE
REPRESENTING GREATER THAN 50% OF THE TOTAL REVOLVING EXPOSURE), BE APPLIED TO
SATISFY OTHER OBLIGATIONS OF BORROWER UNDER THIS AGREEMENT.
IF BORROWER IS
REQUIRED TO PROVIDE AN AMOUNT OF CASH COLLATERAL HEREUNDER AS A RESULT OF THE
OCCURRENCE OF