AGENT AND SHALL ACCRUE FROM AND INCLUDING THE DATE SUCH
REVOLVING LOANS ARE SO ADVANCED TO BUT EXCLUDING THE DATE SUCH REVOLVING LOANS
ARE EITHER REPAID BY BORROWERS OR ACTUALLY SETTLED WITH THE APPLICABLE LENDER AS
DESCRIBED IN THIS SECTION.
94
(C)
TO THE EXTENT THAT ADMINISTRATIVE AGENT HAS MADE ANY SUCH AMOUNTS
AVAILABLE AND THE SETTLEMENT DESCRIBED ABOVE SHALL NOT YET HAVE OCCURRED, UPON
REPAYMENT OF ANY REVOLVING LOANS BY A BORROWER, ADMINISTRATIVE AGENT MAY APPLY
SUCH AMOUNTS REPAID DIRECTLY TO ANY AMOUNTS MADE AVAILABLE BY ADMINISTRATIVE
AGENT PURSUANT TO THIS SECTION.
IN LIEU OF WEEKLY OR MORE FREQUENT SETTLEMENTS,
ADMINISTRATIVE AGENT MAY, AT ITS OPTION, AT ANY TIME REQUIRE EACH LENDER TO
PROVIDE ADMINISTRATIVE AGENT WITH IMMEDIATELY AVAILABLE FUNDS REPRESENTING ITS
PRO RATA SHARE OF EACH REVOLVING LOAN, PRIOR TO ADMINISTRATIVE AGENT'S
DISBURSEMENT OF SUCH REVOLVING LOAN TO BORROWER.
IN SUCH EVENT, ALL REVOLVING
LOANS UNDER THIS AGREEMENT SHALL BE MADE BY THE LENDERS SIMULTANEOUSLY AND
PROPORTIONATELY TO THEIR PRO RATA SHARES.
NO LENDER SHALL BE RESPONSIBLE FOR
ANY DEFAULT BY ANY OTHER LENDER IN THE OTHER LENDER'S OBLIGATION TO MAKE A
REVOLVING LOAN REQUESTED HEREUNDER NOR SHALL THE COMMITMENT OF ANY LENDER BE
INCREASED OR DECREASED AS A RESULT OF THE DEFAULT BY ANY OTHER LENDER IN THE
OTHER LENDER'S OBLIGATION TO MAKE A REVOLVING LOAN HEREUNDER.
(D)
IF ADMINISTRATIVE AGENT IS NOT FUNDING A PARTICULAR REVOLVING LOAN TO OR
FOR THE BENEFIT OF A BORROWER PURSUANT TO SECTIONS 6.10(A) AND 6.10(B) ON ANY
DAY, BUT IS REQUIRING EACH LENDER TO PROVIDE ADMINISTRATIVE AGENT WITH
IMMEDIATELY AVAILABLE FUNDS ON THE DATE OF SUCH REVOLVING LOAN, ADMINISTRATIVE
AGENT MAY ASSUME THAT EACH LENDER WILL MAKE AVAILABLE TO ADMINISTRATIVE AGENT
SUCH LENDER'S PRO RATA SHARE OF THE REVOLVING LOAN REQUESTED OR OTHERWISE MADE
ON SUCH DAY AND ADMINISTRATIVE AGENT MAY, IN ITS DISCRETION, BUT SHALL NOT BE
OBLIGATED TO, CAUSE A CORRESPONDING AMOUNT TO BE MADE AVAILABLE TO OR FOR THE
BENEFIT OF SUCH BORROWER ON SUCH DAY.
IF ADMINISTRATIVE AGENT MAKES SUCH
CORRESPONDING AMOUNT AVAILABLE TO A BORROWER AND SUCH CORRESPONDING AMOUNT IS
NOT IN FACT MADE AVAILABLE TO ADMINISTRATIVE AGENT BY SUCH LENDER,
ADMINISTRATIVE AGENT SHALL BE ENTITLED TO RECOVER SUCH CORRESPONDING AMOUNT ON
DEMAND FROM SUCH LENDER TOGETHER WITH INTEREST THEREON FOR EACH DAY FROM THE
DATE SUCH PAYMENT WAS DUE UNTIL THE DATE SUCH AMOUNT IS PAID TO ADMINISTRATIVE
AGENT AT THE FEDERAL FUNDS RATE FOR EACH DAY DURING SUCH PERIOD (AS PUBLISHED BY
THE FEDERAL RESERVE BANK OF NEW YORK OR AT ADMINISTRATIVE AGENT'S OPTION BASED
ON THE ARITHMETIC MEAN DETERMINED BY ADMINISTRATIVE AGENT OF THE RATES FOR THE
LAST TRANSACTION IN OVERNIGHT FEDERAL FUNDS ARRANGED PRIOR TO 9:00 A.M. (NEW
YORK CITY TIME) ON THAT DAY BY EACH OF THE THREE LEADING BROKERS OF FEDERAL
FUNDS TRANSACTIONS IN NEW YORK CITY SELECTED BY ADMINISTRATIVE AGENT) AND IF
SUCH AMOUNTS ARE NOT PAID WITHIN THREE (3) DAYS OF ADMINISTRATIVE AGENT'S
DEMAND, AT THE HIGHEST INTEREST RATE PROVIDED FOR IN SECTION 3.1 HEREOF
APPLICABLE