2.10.
Mandatory Prepayment of Loans.
(A)
THE BORROWER SHALL PREPAY THE LOANS AS
PROVIDED IN SECTION 7.03(A).
(B)
AMOUNTS APPLIED TO THE PREPAYMENT OF THE
LOANS PURSUANT TO THIS SECTION SHALL BE FIRST APPLIED RATABLY TO ABR LOANS THEN
OUTSTANDING AND, UPON PAYMENT IN FULL OF ALL OUTSTANDING ABR LOANS, SECOND, TO
EURODOLLAR LOANS THEN OUTSTANDING, AND IF MORE THAN ONE EURODOLLAR BORROWING IS
THEN OUTSTANDING, TO EACH SUCH EURODOLLAR BORROWING BEGINNING WITH THE
EURODOLLAR BORROWING WITH THE LEAST NUMBER OF DAYS REMAINING IN THE INTEREST
PERIOD APPLICABLE THERETO AND ENDING WITH THE EURODOLLAR BORROWING WITH THE MOST
NUMBER OF DAYS REMAINING IN THE INTEREST PERIOD APPLICABLE THERETO, SUBJECT TO
THE PAYMENT OF ANY FUNDING INDEMNIFICATION AMOUNTS REQUIRED BY SECTION 2.15 BUT
WITHOUT PENALTY OR PREMIUM.
Section 2.11.
Fees.
(A)
THE BORROWER AGREES TO PAY TO THE
ADMINISTRATIVE AGENT, FOR ITS OWN ACCOUNT, FEES PAYABLE IN THE AMOUNTS AND AT
THE TIMES SEPARATELY AGREED UPON BETWEEN THE BORROWER AND THE ADMINISTRATIVE
AGENT.
(B)
ALL FEES PAYABLE HEREUNDER SHALL BE PAID ON
THE DATES DUE, IN IMMEDIATELY AVAILABLE FUNDS, TO THE ADMINISTRATIVE AGENT.
FEES PAID SHALL NOT BE REFUNDABLE UNDER ANY CIRCUMSTANCES.
Section 2.12.
Interest.
(A)
THE ABR LOANS COMPRISING EACH ABR BORROWING
SHALL BEAR INTEREST AT A RATE PER ANNUM EQUAL TO THE ALTERNATE BASE RATE PLUS
THE APPLICABLE MARGIN.
(B)
THE EURODOLLAR LOANS SHALL BEAR INTEREST AT
A RATE PER ANNUM EQUAL TO THE ADJUSTED LIBO RATE FOR THE INTEREST PERIOD IN
EFFECT FOR SUCH LOANS PLUS THE APPLICABLE MARGIN.
(C)
NOTWITHSTANDING THE FOREGOING, IF ANY
PRINCIPAL OF OR INTEREST ON ANY LOAN OR ANY FEE OR OTHER AMOUNT PAYABLE BY THE
BORROWER HEREUNDER IS NOT PAID WHEN DUE,
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WHETHER AT STATED MATURITY, UPON ACCELERATION OR OTHERWISE, SUCH OVERDUE AMOUNT
SHALL BEAR INTEREST, AFTER AS WELL AS BEFORE JUDGMENT, AT A RATE PER ANNUM EQUAL
TO (I) IN THE CASE OF OVERDUE PRINCIPAL OF ANY LOAN, TWO PERCENT (2%) PLUS THE
RATE OTHERWISE APPLICABLE TO SUCH LOAN AS PROVIDED IN THE PRECEDING PARAGRAPHS
OF THIS SECTION OR (II) IN THE CASE OF ANY OTHER AMOUNT, TWO PERCENT (2%) PLUS
THE RATE APPLICABLE TO ABR LOANS AS PROVIDED IN PARAGRAPH (A) OF THIS SECTION.
(D)
ACCRUED INTEREST ON EACH LOAN SHALL BE
PAYABLE IN ARREARS ON EACH INTEREST PAYMENT DATE FOR SUCH LOAN AND ON THE
MATURITY DATE; PROVIDED THAT (I) INTEREST ACCRUED PURSUANT TO PARAGRAPH (C) OF
THIS SECTION SHALL BE PAYABLE ON DEMAND, (II) IN THE EVENT OF ANY REPAYMENT OR
PREPAYMENT OF ANY LOAN, ACCRUED INTEREST ON THE PRINCIPAL AMOUNT REPAID OR
PREPAID SHALL BE PAYABLE ON THE DATE OF SUCH REPAYMENT OR PREPAYMENT AND
(III) IN THE EVENT OF ANY CONVERSION OF ANY EURODOLLAR LOAN PRIOR TO THE END OF
THE CURRENT INTEREST PERIOD THEREFOR, ACCRUED INTEREST ON SUCH LOAN SHALL BE
PAYABLE ON THE EFFECTIVE DATE OF SUCH CONVERSION.
(E)
ALL INTEREST HEREUNDER SHALL BE COMPUTED ON
THE BASIS OF A YEAR OF 360 DAYS, EXCEPT THAT INTEREST COMPUTED BY REFERENCE TO
THE