DOLLAR EQUIVALENT TO BE DETERMINED IN ACCORDANCE WITH SECTION 1.06) FOR
THE PERIOD FROM AND INCLUDING THE DATE OF ISSUANCE OF EACH LETTER OF CREDIT
(I) IN THE CASE OF A LETTER OF CREDIT WHICH EXPIRES IN ACCORDANCE WITH ITS
TERMS, TO AND INCLUDING SUCH EXPIRATION DATE AND (II) IN THE CASE OF A LETTER OF
CREDIT WHICH IS DRAWN IN FULL OR IS OTHERWISE TERMINATED OTHER THAN ON THE
STATED EXPIRATION DATE OF SUCH LETTER OF CREDIT, TO AND EXCLUDING THE DATE ON
SUCH LETTER OF CREDIT IS DRAWN IN FULL OR IS TERMINATED.
SUCH COMMISSION WILL
BE NON-REFUNDABLE AND IS TO BE PAID QUARTERLY IN ARREARS ON EACH QUARTERLY DATE
AND ON THE R/C MATURITY DATE.
IN ADDITION, BORROWER SHALL PAY TO L/C LENDER,
FOR SUCH L/C LENDER'S ACCOUNT, IN RESPECT OF EACH LETTER OF CREDIT, A NON
REFUNDABLE LETTER OF CREDIT ISSUANCE COMMISSION IN AN AMOUNT EQUAL TO 0.25% PER
ANNUM MULTIPLIED BY THE DAILY DOLLAR EQUIVALENT OF THE STATED AMOUNT OF EACH
LETTER OF CREDIT FROM AND INCLUDING THE ISSUANCE DATE OF EACH LETTER OF CREDIT
THROUGH THE EXPIRY DATE OF EACH LETTER OF CREDIT (BUT IN NO EVENT LESS THAN
$500.00 PER YEAR PER LETTER OF CREDIT) PAYABLE QUARTERLY IN ARREARS ON EACH
QUARTERLY DATE. IN ADDITION BORROWER AGREES TO PAY TO L/C LENDER ALL CHARGES,
COSTS AND EXPENSES IN THE AMOUNTS CUSTOMARILY CHARGED BY L/C LENDER, FROM TIME
TO TIME IN LIKE CIRCUMSTANCES, WITH RESPECT TO THE ISSUANCE, AMENDMENT,
TRANSFER, PAYMENT OF DRAWINGS, AND OTHER TRANSACTIONS RELATING THERETO.
(I)
UPON THE ISSUANCE OF OR AMENDMENT OR MODIFICATION TO A LETTER OF
CREDIT, L/C LENDER SHALL PROMPTLY DELIVER TO ADMINISTRATIVE AGENT AND BORROWER A
WRITTEN NOTICE OF SUCH ISSUANCE, AMENDMENT OR MODIFICATION AND SUCH NOTICE SHALL
BE ACCOMPANIED BY A COPY OF SUCH LETTER OF CREDIT OR THE RESPECTIVE AMENDMENT OR
MODIFICATION THERETO, AS THE CASE MAY BE.
PROMPTLY UPON RECEIPT OF SUCH NOTICE,
ADMINISTRATIVE AGENT SHALL DELIVER TO EACH REVOLVING LENDER A WRITTEN NOTICE
REGARDING SUCH ISSUANCE, AMENDMENT OR MODIFICATION, AS THE CASE MAY BE, AND, IF
SO REQUESTED BY A REVOLVING LENDER, ADMINISTRATIVE AGENT SHALL DELIVER TO SUCH
REVOLVING LENDER A COPY OF SUCH LETTER OF CREDIT OR AMENDMENT OR MODIFICATION,
AS THE CASE MAY BE.
(J)
IF AND TO THE EXTENT THAT ANY REVOLVING LENDER FAILS TO PAY AN
AMOUNT REQUIRED TO BE PAID PURSUANT TO SECTION 2.03(F) OR 2.03(G) ON THE DUE
DATE THEREFOR, SUCH REVOLVING LENDER SHALL PAY TO L/C LENDER (THROUGH
ADMINISTRATIVE AGENT) INTEREST ON SUCH AMOUNT FOR EACH DAY FROM AND INCLUDING
SUCH DUE DATE TO BUT EXCLUDING THE DATE SUCH PAYMENT IS MADE AT A RATE PER ANNUM
EQUAL TO THE FEDERAL FUNDS RATE (AS IN EFFECT FROM TIME TO TIME) FOR THE FIRST
THREE DAYS AND AT THE INTEREST RATE (IN EFFECT FROM TIME TO TIME) APPLICABLE TO
REVOLVING LOANS THAT ARE MAINTAINED AS ABR LOANS FOR EACH DAY THEREAFTER.
(K)
THE ISSUANCE BY L/C LENDER OF ANY AMENDMENT OR MODIFICATION TO ANY
LETTER OF CREDIT