LENDER'S LOAN AS PART OF
SUCH BORROWING FOR PURPOSES OF THIS AGREEMENT.
THE FAILURE OF ANY LENDER TO
MAKE ANY LOAN REQUIRED TO BE MADE BY IT AS PART OF ANY BORROWING SHALL NOT
RELIEVE ANY OTHER LENDER OF ITS OBLIGATION, IF ANY, HEREUNDER TO MAKE ITS LOAN
AS PART OF SUCH BORROWING, BUT NO LENDER SHALL BE RESPONSIBLE FOR THE FAILURE OF
ANY OTHER LENDER TO MAKE THE LOAN TO BE MADE BY SUCH OTHER LENDER AS PART OF ANY
BORROWING.
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(C)
EACH LENDER MAY, AT ITS OPTION, MAKE AND
MAINTAIN ANY LOAN AT, TO OR FOR THE ACCOUNT OF ANY OF ITS LENDING OFFICES,
PROVIDED THAT ANY EXERCISE OF SUCH OPTION SHALL NOT AFFECT THE OBLIGATION OF THE
APPLICABLE BORROWER TO REPAY SUCH LOAN TO OR FOR THE ACCOUNT OF SUCH LENDER IN
ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
2.4
EVIDENCE OF DEBT; NOTES.
(A)
EACH LENDER SHALL MAINTAIN IN ACCORDANCE
WITH ITS USUAL PRACTICE AN ACCOUNT OR ACCOUNTS EVIDENCING THE INDEBTEDNESS OF
THE BORROWERS TO THE APPLICABLE LENDING OFFICE OF SUCH LENDER RESULTING FROM
EACH LOAN MADE BY SUCH LENDING OFFICE OF SUCH LENDER FROM TIME TO TIME,
INCLUDING THE AMOUNTS OF PRINCIPAL AND INTEREST PAYABLE AND PAID TO SUCH LENDING
OFFICE OF SUCH LENDER FROM TIME TO TIME UNDER THIS AGREEMENT.
(B)
THE ADMINISTRATIVE AGENT SHALL MAINTAIN THE
REGISTER PURSUANT TO SECTION 11.7(B), AND A SUBACCOUNT FOR EACH LENDER, IN WHICH
REGISTER AND SUBACCOUNTS (TAKEN TOGETHER) SHALL BE RECORDED (I) THE AMOUNT OF
EACH SUCH LOAN, THE CLASS, TYPE AND APPLICABLE CURRENCY OF EACH SUCH LOAN, THE
APPLICABLE BORROWER 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 APPLICABLE BORROWER TO EACH LENDER HEREUNDER IN RESPECT OF EACH SUCH LOAN
AND (III) THE AMOUNT OF ANY SUM RECEIVED BY THE ADMINISTRATIVE AGENT HEREUNDER
FROM THE APPLICABLE BORROWER IN RESPECT OF EACH SUCH LOAN AND EACH LENDER'S
SHARE THEREOF.
(C)
THE ENTRIES MADE IN THE ACCOUNTS, REGISTER
AND SUBACCOUNTS MAINTAINED PURSUANT TO SECTION 2.4(B) (AND, IF CONSISTENT WITH
THE ENTRIES OF THE ADMINISTRATIVE AGENT, SECTION 2.4(A)) SHALL, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, BE PRIMA FACIE EVIDENCE OF THE EXISTENCE AND
AMOUNTS OF THE OBLIGATIONS OF THE BORROWERS THEREIN RECORDED; PROVIDED, HOWEVER,
THAT THE FAILURE OF ANY LENDER OR THE ADMINISTRATIVE AGENT TO MAINTAIN SUCH
ACCOUNT, SUCH REGISTER OR SUCH SUBACCOUNT, AS APPLICABLE, OR ANY ERROR THEREIN,
SHALL NOT IN ANY MANNER AFFECT THE OBLIGATION OF EACH BORROWER TO REPAY (WITH
APPLICABLE INTEREST) THE LOANS MADE TO SUCH BORROWER BY SUCH LENDER IN
ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
(D)
THE LOANS OF EACH CLASS MADE BY EACH LENDER
SHALL, IF REQUESTED BY THE APPLICABLE LENDER (WHICH REQUEST SHALL BE MADE TO THE
ADMINISTRATIVE AGENT), BE EVIDENCED (I) IN THE CASE OF TERM LOANS, BY A TERM
NOTE APPROPRIATELY COMPLETED IN SUBSTANTIALLY THE FORM OF EXHIBIT A-1, (II) IN
THE CASE OF REVOLVING LOANS, BY A