AMOUNTS RECEIVED BY THE ADMINISTRATIVE AGENT
SHALL BE PROMPTLY REMITTED BY THE ADMINISTRATIVE AGENT TO THE BANKS THAT SHALL
HAVE MADE THEIR PAYMENTS PURSUANT TO THIS PARAGRAPH AND TO THE SWINGLINE BANK,
AS THEIR INTERESTS MAY APPEAR; PROVIDED THAT ANY SUCH PAYMENT SO REMITTED SHALL
BE REPAID TO THE SWINGLINE BANK OR TO THE ADMINISTRATIVE AGENT, AS APPLICABLE,
IF AND TO THE EXTENT SUCH PAYMENT IS REQUIRED TO BE REFUNDED FOR ANY REASON.
THE PURCHASE OF PARTICIPATIONS IN A SWINGLINE LOAN PURSUANT TO THIS PARAGRAPH
SHALL NOT RELIEVE EITHER CO-BORROWER OF ANY DEFAULT IN THE PAYMENT THEREOF.
SECTION 2.06.
REPAYMENT OF LOANS; EVIDENCE OF DEBT.
(A)
THE CO-BORROWERS JOINTLY AND SEVERALLY HEREBY UNCONDITIONALLY
PROMISE TO PAY (I) TO THE ADMINISTRATIVE AGENT FOR THE ACCOUNT OF EACH BANK THE
THEN UNPAID PRINCIPAL AMOUNT OF EACH COMMITTED LOAN ON THE TERMINATION DATE,
(II) TO THE ADMINISTRATIVE AGENT FOR THE ACCOUNT OF EACH BANK THE THEN UNPAID
PRINCIPAL AMOUNT OF EACH MONEY MARKET LOAN ON THE LAST DAY OF THE INTEREST
PERIOD APPLICABLE TO SUCH LOAN AND (III) TO THE ADMINISTRATIVE AGENT FOR THE
BENEFIT OF THE SWINGLINE BANK THE THEN UNPAID PRINCIPAL AMOUNT OF EACH SWINGLINE
LOAN ON THE EARLIER OF THE TERMINATION DATE AND THE FIRST DATE AFTER SUCH
SWINGLINE LOAN IS MADE THAT IS THE 15TH OR LAST DAY OF A CALENDAR MONTH AND IS
AT LEAST TWO BUSINESS DAYS AFTER SUCH SWINGLINE LOAN IS MADE; PROVIDED THAT ON
EACH DATE THAT A COMMITTED LOANS OR MONEY MARKET LOAN IS MADE, THE CO-BORROWERS
SHALL REPAY ALL SWINGLINE LOANS THEN OUTSTANDING.
(B)
EACH BANK SHALL MAINTAIN IN ACCORDANCE WITH ITS USUAL PRACTICE AN
ACCOUNT OR ACCOUNTS EVIDENCING THE INDEBTEDNESS OF THE CO-BORROWERS TO SUCH BANK
RESULTING FROM EACH LOAN MADE BY SUCH BANK, INCLUDING THE AMOUNTS OF PRINCIPAL
AND INTEREST PAYABLE AND PAID TO SUCH BANK FROM TIME TO TIME HEREUNDER.
(C)
THE ADMINISTRATIVE AGENT SHALL MAINTAIN ACCOUNTS IN WHICH IT SHALL
RECORD (I) THE AMOUNT OF EACH BORROWING MADE HEREUNDER, THE 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 CO-BORROWERS TO EACH BANK
HEREUNDER AND (III) THE AMOUNT OF ANY SUM RECEIVED BY THE ADMINISTRATIVE AGENT
HEREUNDER FOR THE ACCOUNT OF THE BANKS AND EACH BANK'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 BANK OR THE ADMINISTRATIVE AGENT TO MAINTAIN SUCH ACCOUNTS OR ANY
ERROR THEREIN SHALL NOT IN ANY MANNER AFFECT THE JOINT AND SEVERAL OBLIGATION OF
THE CO-BORROWERS TO REPAY THE LOANS IN ACCORDANCE WITH THE TERMS OF THIS
AGREEMENT.
(E)
ANY BANK MAY REQUEST THAT LOANS MADE BY IT BE EVIDENCED BY A
PROMISSORY NOTE.
IN SUCH EVENT, THE CO-BORROWERS SHALL PREPARE, EXECUTE AND
DELIVER TO SUCH BANK A PROMISSORY NOTE PAYABLE TO THE ORDER