MANIFEST ERROR, BE FINAL,
CONCLUSIVE AND BINDING UPON ALL PARTIES) THE INTEREST RATE THAT SHALL APPLY TO
THE EURODOLLAR RATE LOANS FOR WHICH AN INTEREST RATE IS THEN BEING DETERMINED
FOR THE APPLICABLE INTEREST PERIOD AND SHALL PROMPTLY GIVE NOTICE THEREOF (IN
WRITING OR BY TELEPHONE CONFIRMED IN WRITING) TO THE BORROWER AND EACH LENDER.
(D)
INTEREST PAYABLE PURSUANT TO SECTION 2.7(A)
SHALL BE COMPUTED (I) IN THE CASE OF BASE RATE LOANS ON THE BASIS OF A 365-DAY
OR 366-DAY YEAR, AS THE CASE MAY BE, AND (II) IN THE CASE OF EURODOLLAR RATE
LOANS AND BASE RATE LOANS WHERE THE BASE RATE IS DETERMINED PURSUANT TO CLAUSE
(II) OF THE DEFINITION OF "BASE RATE", ON THE BASIS OF A 360-DAY YEAR, IN EACH
CASE FOR THE ACTUAL NUMBER OF DAYS ELAPSED IN THE PERIOD DURING WHICH IT
ACCRUES.
IN COMPUTING INTEREST ON ANY LOAN, THE DATE OF THE MAKING OF SUCH LOAN
OR THE FIRST DAY OF AN INTEREST PERIOD APPLICABLE TO SUCH LOAN OR, WITH RESPECT
TO A BASE RATE LOAN BEING CONVERTED FROM A EURODOLLAR RATE LOAN, THE DATE OF
CONVERSION OF SUCH EURODOLLAR RATE LOAN TO SUCH BASE RATE LOAN, AS THE CASE MAY
BE, SHALL BE INCLUDED, AND THE DATE OF PAYMENT OF SUCH LOAN OR THE EXPIRATION
DATE OF AN INTEREST PERIOD APPLICABLE TO SUCH LOAN OR, WITH RESPECT TO A BASE
RATE LOAN BEING CONVERTED TO A EURODOLLAR RATE LOAN, THE DATE OF CONVERSION OF
SUCH BASE RATE LOAN TO SUCH EURODOLLAR RATE LOAN, AS THE CASE MAY BE, SHALL BE
EXCLUDED; PROVIDED, IF A LOAN IS REPAID ON THE SAME DAY ON WHICH IT IS MADE, ONE
DAY'S INTEREST SHALL BE PAID ON THAT LOAN.
39
(E)
EXCEPT AS OTHERWISE SET FORTH HEREIN,
INTEREST ON EACH LOAN (I) SHALL ACCRUE ON A DAILY BASIS AND SHALL BE PAYABLE IN
ARREARS ON EACH INTEREST PAYMENT DATE WITH RESPECT TO INTEREST ACCRUED ON AND TO
EACH SUCH PAYMENT DATE; (II) SHALL ACCRUE ON A DAILY BASIS AND SHALL BE PAYABLE
IN ARREARS UPON ANY PREPAYMENT OF THAT LOAN, WHETHER VOLUNTARY OR MANDATORY, TO
THE EXTENT ACCRUED ON THE AMOUNT BEING PREPAID; AND (III) SHALL ACCRUE ON A
DAILY BASIS AND SHALL BE PAYABLE IN ARREARS AT MATURITY OF THE LOANS, INCLUDING
FINAL MATURITY OF THE LOANS; PROVIDED, HOWEVER, WITH RESPECT TO ANY VOLUNTARY
PREPAYMENT OF A BASE RATE LOAN, ACCRUED INTEREST SHALL INSTEAD BE PAYABLE ON THE
APPLICABLE INTEREST PAYMENT DATE.
(F)
[RESERVED]
(G)
[RESERVED]
(H)
THE BORROWER HEREBY AUTHORIZES THE
ADMINISTRATIVE AGENT, FROM TIME TO TIME, WITHOUT PRIOR NOTICE TO THE BORROWER,
TO CHARGE SUCH INTEREST AND FEES, ALL SECURED PARTY EXPENSES (AS AND WHEN
INCURRED), THE CHARGES, COMMISSIONS, FEES, THE FEES AND COSTS PROVIDED FOR IN
SECTION 2.10 (AS AND WHEN ACCRUED OR INCURRED), AND ALL OTHER PAYMENTS AS AND
WHEN DUE AND PAYABLE UNDER ANY CREDIT DOCUMENT TO THE BORROWER, WHICH AMOUNTS
THEREAFTER SHALL CONSTITUTE LOANS HEREUNDER AND SHALL ACCRUE INTEREST AT THE
RATE THEN APPLICABLE TO ADVANCES HEREUNDER.