THIRTY TWO THOUSAND FIVE HUNDRED
DOLLARS ($232,500), TO BE PAID ON THE DATE WHICH IS THIRTY (30) DAYS AFTER THE
DATE OF THIS AGREEMENT; PROVIDED, HOWEVER, THAT IN THE EVENT THE DISBURSEMENT IS
MADE WITHIN THIRTY (30) DAYS AFTER THE DATE OF THIS AGREEMENT, SUCH FRONT-END
FEE MAY BE FUNDED FROM THE DISBURSEMENT PROCEEDS;
(II)
A PORTFOLIO SUPERVISION FEE OF FIFTEEN THOUSAND DOLLARS ($15,000) PER ANNUM,
PAYABLE UPON RECEIPT OF A STATEMENT FROM IFC; AND
(III)
IF THE BORROWER AND IFC AGREE TO RESTRUCTURE ALL OR PART OF THE C LOAN, THE
BORROWER AND IFC SHALL NEGOTIATE IN GOOD FAITH AN APPROPRIATE AMOUNT TO
COMPENSATE IFC FOR THE ADDITIONAL WORK OF IFC STAFF REQUIRED IN CONNECTION WITH
SUCH RESTRUCTURING.
17
(C)
THE BORROWER SHALL ALSO PAY TO IFC A PROCESSING FEE OF FIVE
THOUSAND DOLLARS ($5,000) FOR EACH WAIVER REQUESTED BY THE BORROWER UNDER ANY
FINANCING DOCUMENT AND FOR EACH AMENDMENT MADE TO ANY FINANCING DOCUMENT AFTER
THE DISBURSEMENT DATE.
SECTION 2.09.
CURRENCY AND PLACE OF PAYMENTS.
(A) THE BORROWER SHALL MAKE ALL
PAYMENTS OF PRINCIPAL, INTEREST, FEES, AND ANY OTHER AMOUNT DUE TO IFC UNDER
THIS AGREEMENT IN THE LOAN CURRENCY, IN SAME DAY FUNDS, TO THE ACCOUNT OF IFC AT
CITIBANK, N.A., 111 WALL STREET, NEW YORK, NEW YORK, U.S.A., ABA#021000089 FOR
CREDIT TO IFC'S ACCOUNT NUMBER 36085579, OR AT SUCH OTHER BANK OR ACCOUNT IN NEW
YORK AS IFC FROM TIME TO TIME DESIGNATES IN WRITING.
PAYMENTS MUST BE RECEIVED
IN IFC'S DESIGNATED ACCOUNT NO LATER THAN 1:00 P.M. NEW YORK TIME.
(B)
THE TENDER OR PAYMENT OF ANY AMOUNT PAYABLE UNDER THIS AGREEMENT
(WHETHER OR NOT BY RECOVERY UNDER A JUDGMENT) IN ANY CURRENCY OTHER THAN THE
LOAN CURRENCY SHALL NOT NOVATE, DISCHARGE OR SATISFY THE OBLIGATION OF THE
BORROWER TO PAY IN THE LOAN CURRENCY ALL AMOUNTS PAYABLE UNDER THIS AGREEMENT
EXCEPT TO THE EXTENT THAT (AND AS OF THE DATE WHEN) IFC ACTUALLY RECEIVES FUNDS
IN THE LOAN CURRENCY IN THE ACCOUNT SPECIFIED IN, OR PURSUANT TO, SECTION 2.09
(A).
(C)
THE BORROWER SHALL INDEMNIFY IFC AGAINST ANY LOSSES RESULTING FROM
A PAYMENT BEING RECEIVED OR AN ORDER OR JUDGMENT BEING GIVEN UNDER THIS
AGREEMENT IN ANY CURRENCY OTHER THAN THE LOAN CURRENCY OR ANY PLACE OTHER THAN
THE ACCOUNT SPECIFIED IN, OR PURSUANT TO, SECTION 2.09 (A); PROVIDED THAT THE
FOREGOING SHALL NOT APPLY IF SUCH PAYMENT WAS REQUESTED BY IFC TO BE MADE IN ANY
OTHER CURRENCY OTHER THAN THE LOAN CURRENCY.
THE BORROWER SHALL, AS A SEPARATE
OBLIGATION, PAY SUCH ADDITIONAL AMOUNT AS IS NECESSARY TO ENABLE IFC TO RECEIVE,
AFTER CONVERSION TO THE LOAN CURRENCY AT A MARKET RATE AND TRANSFER TO THAT
ACCOUNT, THE FULL AMOUNT DUE TO IFC UNDER THIS AGREEMENT IN THE LOAN CURRENCY
AND IN THE ACCOUNT SPECIFIED IN, OR PURSUANT TO, SECTION 2.09 (A).
(D)
NOTWITHSTANDING THE PROVISIONS OF SECTION 2.09 (A) AND SECTION
2.09 (B), IFC MAY REQUIRE THE BORROWER TO PAY (OR REIMBURSE IFC) FOR ANY TAXES,
FEES, COSTS, EXPENSES AND OTHER