AN ACCOUNT OR ACCOUNTS EVIDENCING THE INDEBTEDNESS OF
THE BORROWER TO SUCH LENDER RESULTING FROM EACH LOAN MADE BY SUCH LENDER,
INCLUDING THE AMOUNTS OF PRINCIPAL AND INTEREST PAYABLE AND PAID TO SUCH LENDER
FROM TIME TO TIME HEREUNDER.
(C)
THE ADMINISTRATIVE AGENT SHALL MAINTAIN
ACCOUNTS IN WHICH IT SHALL RECORD (I) THE AMOUNT OF EACH LOAN MADE HEREUNDER,
THE CLASS AND TYPE THEREOF AND THE INTEREST PERIOD APPLICABLE THERETO, (II) THE
AMOUNT OF ANY PRINCIPAL OR INTEREST DUE AND PAYABLE OR TO BECOME DUE AND PAYABLE
FROM THE BORROWER TO EACH LENDER HEREUNDER AND (III) THE AMOUNT OF ANY SUM
RECEIVED BY THE ADMINISTRATIVE AGENT HEREUNDER FOR THE ACCOUNT OF THE LENDERS
AND EACH LENDER'S SHARE THEREOF.
(D)
THE ENTRIES MADE IN THE ACCOUNTS MAINTAINED
PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SECTION SHALL BE PRIMA FACIE EVIDENCE
OF THE EXISTENCE AND AMOUNTS OF THE OBLIGATIONS RECORDED THEREIN; PROVIDED THAT
THE FAILURE OF ANY LENDER OR THE ADMINISTRATIVE AGENT TO MAINTAIN SUCH ACCOUNTS
OR ANY ERROR THEREIN SHALL NOT IN ANY MANNER AFFECT THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
(E)
ANY LENDER MAY REQUEST THAT LOANS OF ANY
CLASS MADE BY IT BE EVIDENCED BY A PROMISSORY NOTE.
IN SUCH EVENT, THE BORROWER
SHALL PREPARE, EXECUTE AND DELIVER TO SUCH LENDER A PROMISSORY NOTE PAYABLE TO
THE ORDER OF SUCH LENDER (OR, IF REQUESTED BY SUCH LENDER, TO SUCH LENDER AND
ITS REGISTERED ASSIGNS) AND IN A FORM APPROVED BY THE ADMINISTRATIVE AGENT.
THEREAFTER, THE LOANS EVIDENCED BY SUCH PROMISSORY NOTE AND INTEREST THEREON
SHALL AT ALL TIMES (INCLUDING AFTER ASSIGNMENT PURSUANT TO SECTION 9.04) BE
REPRESENTED BY ONE OR MORE PROMISSORY NOTES IN SUCH FORM PAYABLE TO THE ORDER OF
THE PAYEE NAMED THEREIN (OR, IF SUCH PROMISSORY NOTE IS A REGISTERED NOTE, TO
SUCH PAYEE AND ITS REGISTERED ASSIGNS).
SECTION 2.10. Amortization of Term Loans.
(a)
Subject to adjustment pursuant
to paragraph (c) of this Section, the Borrower shall repay Term Borrowings on
each date set forth below in the aggregate principal amount set forth opposite
such date:
38
Date
Amount
March 31, 2005
$
250,000
June 30, 2005
250,000
September 30, 2005
250,000
December 30, 2005
250,000
March 31, 2006
250,000
June 30, 2006
250,000
September 29, 2006
250,000
December 29, 2006
250,000
March 30, 2007
250,000
June 29, 2007
250,000
September 28, 2007
250,000
December 31, 2007
250,000
March 31, 2008
250,000
June 30, 2008
250,000
September 30, 2008
250,000
December 31, 2008
250,000
March 31, 2009
250,000
June 30, 2009
250,000
November 30, 2009
250,000
December 31, 2009
250,000
March 31, 2010
250,000
June 30, 2010
250,000
September 30, 2010
250,000
December 31, 2010
94,250,000
(B)
TO THE EXTENT NOT PREVIOUSLY PAID, ALL TERM
LOANS SHALL BE DUE AND PAYABLE ON THE TERM LOAN MATURITY DATE.
(C)
ANY PREPAYMENT OF A TERM BORROWING OR AN
INCREMENTAL EXTENSION OF CREDIT SHALL BE (I) IN THE CASE OF PREPAYMENTS MADE
PURSUANT TO SECTION