OF THE PLAN OF REORGANIZATION SET FORTH IN THE
SECTION 8.04(E) OF THE RESTRUCTURING AGREEMENT (AS SUCH DEADLINE MAY BE AND
ACTUALLY IS EXTENDED PURSUANT TO THE TERMS AND CONDITIONS THEREOF) AND SHALL BE
CONDITIONED, IN ANY EVENT, UPON, INTER ALIA, PAYMENT IN FULL IN CASH OF ALL
OBLIGATIONS HEREUNDER.
7.2.
SUSPENSION OR TERMINATION OF COMMITMENTS.
UPON THE OCCURRENCE OF ANY DEFAULT OR EVENT OF DEFAULT, AGENT MAY, AND AT THE
REQUEST OF REQUISITE LENDERS AGENT SHALL, NOTWITHSTANDING THE PROVISIONS OF
SECTION 362 OF THE BANKRUPTCY CODE, WITHOUT ANY APPLICATION, MOTION OR NOTICE
TO, HEARING BEFORE, OR ORDER FROM, THE BANKRUPTCY COURT, WITHOUT NOTICE OR
DEMAND, IMMEDIATELY SUSPEND OR TERMINATE ALL OR ANY PORTION OF LENDERS'
OBLIGATIONS TO MAKE ADDITIONAL ADVANCES OR ISSUE OR CAUSE TO BE ISSUED LETTERS
OF CREDIT UNDER THE REVOLVING LOAN COMMITMENT; PROVIDED THAT, IN THE CASE OF A
DEFAULT, IF THE SUBJECT CONDITION OR EVENT IS WAIVED BY REQUISITE LENDERS OR
CURED WITHIN ANY APPLICABLE GRACE OR CURE PERIOD, THE REVOLVING LOAN COMMITMENT
SHALL BE REINSTATED.
7.3.
ACCELERATION AND OTHER REMEDIES.
IF ANY EVENT
OF DEFAULT HAS OCCURRED AND IS CONTINUING, AGENT MAY (AND AT THE WRITTEN REQUEST
OF THE REQUISITE LENDERS SHALL), SUBJECT TO AND IN ACCORDANCE WITH THE TERMS OF
THE INTERIM ORDER OR THE FINAL ORDER, AS APPLICABLE, THE TERMS AND CONDITIONS OF
THE INTERIM ORDER OR THE FINAL ORDER, AS APPLICABLE, IN ACCORDANCE WITH THE
TERMS OF THE INTERIM ORDER OR THE FINAL ORDER: (I) TERMINATE THE COMMITMENTS
WITH RESPECT TO FURTHER ADVANCES OR THE INCURRENCE OF FURTHER LETTER OF CREDIT
OBLIGATIONS; (II) REDUCE THE REVOLVING LOAN COMMITMENT FROM TIME TO TIME;
(III) DECLARE ALL OR ANY PORTION OF THE OBLIGATIONS, INCLUDING ALL OR ANY
PORTION OF ANY LOAN TO BE FORTHWITH DUE AND PAYABLE, AND REQUIRE THAT THE LETTER
OF CREDIT OBLIGATIONS BE CASH COLLATERALIZED IN THE MANNER SET FORTH IN
SECTION 1.5(E), IN ACCORDANCE WITH THE TERMS OF THE INTERIM ORDER OR THE FINAL
ORDER; OR (IV) EXERCISE ANY RIGHTS AND REMEDIES PROVIDED TO AGENT UNDER THE LOAN
DOCUMENTS, THE INTERIM ORDER OR THE FINAL ORDER OR AT LAW OR EQUITY.
7.4.
PERFORMANCE BY AGENT.
IF ANY CREDIT PARTY
SHALL FAIL TO PERFORM ANY COVENANT, DUTY OR AGREEMENT CONTAINED IN ANY OF THE
LOAN DOCUMENTS, AGENT MAY PERFORM OR ATTEMPT TO PERFORM SUCH COVENANT, DUTY OR
AGREEMENT ON BEHALF OF SUCH CREDIT PARTY AFTER THE EXPIRATION OF ANY CURE OR
GRACE PERIODS SET FORTH HEREIN.
IN SUCH EVENT, SUCH CREDIT PARTY SHALL, AT THE
REQUEST OF AGENT, PROMPTLY PAY ANY AMOUNT REASONABLY EXPENDED BY AGENT IN SUCH
PERFORMANCE OR ATTEMPTED PERFORMANCE TO AGENT, TOGETHER WITH INTEREST THEREON AT
THE HIGHEST RATE OF INTEREST IN EFFECT UPON THE OCCURRENCE OF AN EVENT OF
DEFAULT AS SPECIFIED IN SECTION 1.2(D) FROM THE DATE OF SUCH EXPENDITURE UNTIL
PAID.
NOTWITHSTANDING THE FOREGOING, IT IS EXPRESSLY AGREED THAT AGENT
55
SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR THE PERFORMANCE OF ANY
OBLIGATION OF ANY CREDIT PARTY UNDER THIS AGREEMENT OR ANY