LOAN DOCUMENT (INCLUDING, WITHOUT LIMITATION, ALL PRINCIPAL, INTEREST AND
FEES OUTSTANDING) SHALL BEAR INTEREST FROM AND INCLUDING THE DUE DATE THEREOF
UNTIL PAID, COMPOUNDED DAILY AND PAYABLE ON DEMAND, AT A RATE PER ANNUM EQUAL TO
(I) IF SUCH DUE DATE OCCURS PRIOR TO THE END OF AN INTEREST PERIOD, 2% ABOVE THE
INTEREST RATE APPLICABLE TO SUCH LOAN FOR SUCH INTEREST PERIOD UNTIL THE
EXPIRATION OF SUCH INTEREST PERIOD, AND THEREAFTER, 2% ABOVE THE RATE THEN
APPLICABLE TO PRIME RATE LOANS; AND (II) IN ALL OTHER CASES, 2% ABOVE THE RATE
THEN APPLICABLE TO PRIME RATE LOANS.
(B)
AFTER AND DURING THE CONTINUANCE OF ANY
DEFAULT OR EVENT OF DEFAULT, THE LETTER OF CREDIT FEES PAYABLE UNDER
SECTION 2.18 SHALL BE INCREASED TO A RATE PER ANNUM EQUAL TO 2% ABOVE THE RATE
APPLICABLE THERETO PRIOR TO THE OCCURRENCE THEREOF.
2.15.
PAYMENTS NOT AT END OF INTEREST PERIOD.
IF THE
BORROWER FOR ANY REASON MAKES ANY PAYMENT OF PRINCIPAL WITH RESPECT TO ANY LIBOR
LOAN ON ANY DAY OTHER THAN THE LAST DAY OF AN INTEREST PERIOD APPLICABLE TO SUCH
LIBOR LOAN, OR FAILS TO BORROW OR CONTINUE OR CONVERT TO A LIBOR LOAN AFTER
GIVING A NOTICE OF BORROWING OR CONVERSION PURSUANT TO SECTION 2.4, THE BORROWER
SHALL PAY TO THE ADMINISTRATIVE AGENT FOR THE RESPECTIVE ACCOUNTS OF THE BANKS
AN AMOUNT COMPUTED PURSUANT TO THE FOLLOWING FORMULA:
L = (R - T) x P x D
360
L =
amount payable to the Administrative Agent for the
accounts of the Banks
R =
interest rate on such Loan
T =
effective interest rate per annum at which any readily
marketable bond or other obligation of the United States, selected at the
Administrative Agent's sole discretion, maturing on or near the last day of the
then applicable Interest Period of such Loan and in approximately the same
amount as such Loan can be purchased by the Administrative Agent on the day of
such payment of principal or failure to borrow or continue or convert
P =
the amount of principal prepaid or the amount of the
requested Loan
D =
the number of days remaining in the Interest Period as of
the date of such
payment or the number of days of the requested Interest
Period
The Borrower shall pay such amount upon presentation by the Administrative Agent
of a statement setting forth the amount and the Administrative Agent's
calculation thereof (in reasonable detail) pursuant hereto, which statement
shall be deemed conclusive and binding
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absent manifest error. In addition to the foregoing amount, the Borrower agrees
to reimburse the Administrative Agent (without duplication) for any costs
associated with marking to market any obligations of the Borrower under any
Hedging Contract(s) that are required to be terminated as a result of any
conversion, repayment or prepayment of the principal amount of any LIBOR Loan on
a date other than the scheduled last day of the applicable Interest Period. Such
additional amounts shall be paid by the Borrower