IN THE EVENT THE ADMINISTRATIVE AGENT, SUCH
LENDER OR SUCH ISSUING BANK IS REQUIRED TO REPAY SUCH REFUND TO SUCH
GOVERNMENTAL AUTHORITY. THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE THE
ADMINISTRATIVE AGENT, ANY LENDER OR ANY ISSUING BANK TO MAKE AVAILABLE ITS TAX
RETURNS (OR ANY OTHER INFORMATION RELATING TO ITS TAXES WHICH IT DEEMS
CONFIDENTIAL) TO A BORROWER OR ANY OTHER PERSON.
SECTION 2.19. PAYMENTS GENERALLY; PRO RATA TREATMENT; SHARING OF SET-OFFS. (A)
SYMMETRY AND EACH BORROWER SHALL MAKE EACH PAYMENT REQUIRED TO BE MADE BY IT
HEREUNDER OR UNDER ANY OTHER LOAN DOCUMENT (WHETHER OF PRINCIPAL, INTEREST, FEES
OR REIMBURSEMENT OF LC DISBURSEMENTS, OR OF AMOUNTS PAYABLE UNDER SECTION 2.16,
2.17 OR 2.18, OR OTHERWISE) PRIOR TO THE TIME REQUIRED HEREUNDER OR UNDER SUCH
OTHER LOAN DOCUMENT FOR SUCH PAYMENT (OR, IF NO SUCH TIME IS EXPRESSLY REQUIRED,
PRIOR TO 12:00 NOON, LOCAL TIME), ON THE DATE WHEN DUE, IN IMMEDIATELY AVAILABLE
FUNDS, WITHOUT SET-OFF OR COUNTERCLAIM. ANY AMOUNTS RECEIVED AFTER SUCH TIME ON
ANY DATE MAY, IN THE DISCRETION OF THE ADMINISTRATIVE AGENT, BE DEEMED TO HAVE
BEEN RECEIVED ON THE NEXT SUCCEEDING BUSINESS DAY FOR PURPOSES OF CALCULATING
INTEREST THEREON. ALL SUCH PAYMENTS SHALL BE MADE (I) IN THE CASE OF PAYMENTS
MADE BY SYMMETRY OR THE US BORROWER, TO THE ADMINISTRATIVE AGENT, AND (II) IN
THE CASE OF PAYMENTS MADE BY THE CANADIAN BORROWER, TO THE CANADIAN AGENT, IN
EACH CASE TO THE APPLICABLE ACCOUNT SPECIFIED BY SUCH AGENT, EXCEPT PAYMENTS TO
BE MADE DIRECTLY TO AN ISSUING BANK OR THE SWINGLINE LENDER AS EXPRESSLY
PROVIDED HEREIN AND EXCEPT THAT PAYMENTS PURSUANT TO SECTIONS 2.16, 2.17, 2.18
AND 9.03 SHALL BE MADE DIRECTLY TO THE PERSONS ENTITLED THERETO AND PAYMENTS
PURSUANT TO OTHER LOAN DOCUMENTS SHALL BE MADE TO THE PERSONS SPECIFIED THEREIN.
THE ADMINISTRATIVE AGENT AND THE CANADIAN AGENT SHALL DISTRIBUTE ANY SUCH
PAYMENTS RECEIVED BY IT FOR THE ACCOUNT OF ANY OTHER PERSON TO THE APPROPRIATE
RECIPIENT PROMPTLY FOLLOWING RECEIPT THEREOF (IT BEING UNDERSTOOD THAT ALL
PAYMENTS RECEIVED BY THE CANADIAN AGENT SHALL BE DISTRIBUTED, WITH RESPECT TO
ANY LENDER, TO THE APPLICABLE LENDING OFFICE OF SUCH LENDER DESIGNATED BY SUCH
LENDER FOR THE RECEIPT OF PAYMENTS FROM THE CANADIAN BORROWER). IF ANY PAYMENT
UNDER ANY LOAN DOCUMENT SHALL BE DUE ON A DAY THAT IS NOT A BUSINESS DAY, THE
DATE FOR PAYMENT SHALL BE EXTENDED TO THE NEXT SUCCEEDING BUSINESS DAY, AND, IN
THE CASE OF ANY PAYMENT ACCRUING INTEREST, INTEREST THEREON SHALL BE PAYABLE FOR
THE PERIOD OF SUCH EXTENSION. ALL PAYMENTS HEREUNDER OF PRINCIPAL OR INTEREST IN
RESPECT OF ANY LOAN, BA OR LC DISBURSEMENT SHALL, EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED HEREIN, BE MADE IN THE CURRENCY OF SUCH LOAN, BA OR LC DISBURSEMENT;
ALL OTHER PAYMENTS HEREUNDER AND UNDER EACH OTHER LOAN DOCUMENT SHALL BE MADE IN
US DOLLARS.
(B)
IF AT ANY TIME INSUFFICIENT FUNDS FROM A BORROWER ARE RECEIVED BY AND
AVAILABLE TO THE ADMINISTRATIVE AGENT TO PAY FULLY ALL AMOUNTS OF PRINCIPAL OF
THE