OF PRINCIPAL WITHIN EACH OF THE INITIAL TERM LOAN AND ANY SERIES OF NEW TERM
LOANS) UNTIL THE TERM LOANS ARE PAID IN FULL. AND SECOND TO REDUCE THE
OUTSTANDING PRINCIPAL BALANCE OF THE REVOLVING LOANS, WITH CONCURRENT PERMANENT
REDUCTION OF THE REVOLVING LOAN COMMITMENT IF AN EVENT OF DEFAULT HAS OCCURRED
AND IS CONTINUING AT THE TIME OF SUCH PREPAYMENTS.
(D)
RESERVED.
(E)
ALL PREPAYMENTS.
CONSIDERING EACH TYPE OF LOAN BEING PREPAID
SEPARATELY, ANY SUCH PREPAYMENT SHALL BE APPLIED FIRST TO INDEX RATE LOANS OF
THE TYPE REQUIRED TO BE PREPAID BEFORE APPLICATION TO LIBOR LOANS OF THE TYPE
REQUIRED TO BE PREPAID, IN EACH CASE IN A MANNER WHICH MINIMIZES ANY RESULTING
LIBOR BREAKAGE FEE.
(F)
LETTER OF CREDIT OBLIGATIONS.
IN THE EVENT ANY LETTERS OF CREDIT ARE
OUTSTANDING AT THE TIME THAT THE REVOLVING LOAN COMMITMENT IS TERMINATED,
BORROWER SHALL DEPOSIT WITH AGENT FOR THE BENEFIT OF ALL REVOLVING LENDERS CASH
IN AN AMOUNT EQUAL TO 105% OF THE AGGREGATE OUTSTANDING LETTER OF CREDIT
OBLIGATIONS TO BE AVAILABLE TO AGENT TO REIMBURSE PAYMENTS OF DRAFTS DRAWN UNDER
SUCH LETTERS OF CREDIT AND PAY ANY FEES AND EXPENSES RELATED THERETO.
1.6.
MATURITY.
(A)
THE PRINCIPAL AMOUNT OF THE INITIAL TERM LOANS SHALL BE PAID IN
INSTALLMENTS IN THE AMOUNTS AND ON THE DATES SET FORTH IN SECTION 1.1(A) HEREOF.
18
(B)
BORROWER SHALL REPAY TO THE LENDERS IN FULL ON THE DATE SPECIFIED IN
CLAUSE (A) OF THE DEFINITION OF "COMMITMENT TERMINATION DATE" THE AGGREGATE
PRINCIPAL AMOUNT OF THE REVOLVING LOAN AND SWING LINE LOANS OUTSTANDING ON SUCH
DATE.
(C)
ALL OF THE OBLIGATIONS SHALL BECOME DUE AND PAYABLE AS OTHERWISE SET
FORTH HEREIN OR IN THE APPLICABLE JOINDER AGREEMENT, BUT IN ANY EVENT ALL OF THE
REMAINING OBLIGATIONS (OTHER THAN ANY OBLIGATIONS WITH RESPECT TO A SERIES OF
NEW TERM LOANS WITH A MATURITY DATE LATER THAN THE TERM LOAN MATURITY DATE, IN
WHICH CASE ALL SUCH OBLIGATIONS AND ANY OTHER OBLIGATIONS THAT HAVE ACCRUED
SUBSEQUENT TO THE TERM LOAN MATURITY DATE SHALL BE DUE AND PAYABLE ON SUCH
MATURITY DATE) SHALL BECOME DUE AND PAYABLE UPON THE TERM LOAN MATURITY DATE.
UNTIL THE TERMINATION DATE, AGENT SHALL BE ENTITLED TO RETAIN THE LIENS ON THE
COLLATERAL GRANTED UNDER THE COLLATERAL DOCUMENTS AND THE ABILITY TO EXERCISE
ALL RIGHTS AND REMEDIES AVAILABLE TO IT UNDER APPLICABLE LAWS AND TO EXERCISE
ALL RIGHTS AND REMEDIES AVAILABLE TO IT UNDER THE LOAN DOCUMENTS.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, UPON ANY
TERMINATION OF THE REVOLVING LOAN COMMITMENT, ALL OF THE OBLIGATIONS SHALL BE
DUE AND PAYABLE.
1.7.
LOAN ACCOUNTS.
(A)
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.
AGENT SHALL DELIVER TO BORROWER ON A MONTHLY BASIS A LOAN
STATEMENT SETTING FORTH SUCH RECORD FOR THE IMMEDIATELY PRECEDING MONTH.
UNLESS
BORROWER NOTIFIES AGENT