THE
ADMINISTRATIVE AGENT MAY ASSUME THAT THE BORROWER HAS MADE SUCH PAYMENT IN FULL
TO THE ADMINISTRATIVE AGENT ON SUCH DATE AND THE ADMINISTRATIVE AGENT MAY, IN
RELIANCE UPON SUCH ASSUMPTION, CAUSE TO BE DISTRIBUTED TO EACH BANK ON SUCH DUE
DATE AN AMOUNT EQUAL TO THE AMOUNT THEN DUE SUCH BANK.
IF AND TO THE EXTENT THE
BORROWER SHALL NOT HAVE SO MADE SUCH PAYMENT IN FULL TO THE ADMINISTRATIVE
AGENT, EACH BANK SHALL REPAY TO THE ADMINISTRATIVE AGENT FORTHWITH ON DEMAND
SUCH AMOUNT DISTRIBUTED TO SUCH BANK TOGETHER WITH INTEREST THEREON, FOR EACH
DAY FROM THE DATE SUCH AMOUNT IS DISTRIBUTED TO SUCH BANK UNTIL THE DATE SUCH
BANK REPAYS SUCH AMOUNT TO THE ADMINISTRATIVE AGENT, AT THE FEDERAL FUNDS RATE.
(E)
NOTWITHSTANDING THE FOREGOING, UPON THE OCCURRENCE AND DURING THE
CONTINUANCE OF ANY DEFAULT, THE APPLICABLE RATE SHALL AUTOMATICALLY BE INCREASED
BY 2% PER ANNUM.
SECTION 2.11.CONSEQUENTIAL LOSSES ON EURODOLLAR RATE ADVANCES.
IF (A) ANY
PAYMENT (OR PURCHASE PURSUANT TO SECTION 2.13) OF PRINCIPAL OF ANY EURODOLLAR
RATE ADVANCE MADE TO THE BORROWER IS MADE OTHER THAN ON THE LAST DAY OF AN
INTEREST PERIOD RELATING TO SUCH ADVANCE, AS A RESULT OF A PREPAYMENT PURSUANT
TO SECTION 2.06(B) OR 2.14 OR ACCELERATION OF THE MATURITY OF THE ADVANCES
PURSUANT TO SECTION 8.01 OR FOR
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ANY OTHER REASON OR AS A RESULT OF ANY SUCH PURCHASE; (B) A EURODOLLAR RATE
ADVANCE IS CONVERTED PURSUANT TO SECTION 2.04 AT A TIME OTHER THAN THE END OF AN
INTEREST PERIOD; OR (C) THE BORROWER FAILS TO MAKE A PRINCIPAL OR INTEREST
PAYMENT WITH RESPECT TO ANY EURODOLLAR RATE ADVANCE ON THE DATE SUCH PAYMENT IS
DUE AND PAYABLE, THE BORROWER SHALL, UPON DEMAND BY ANY BANK (WITH A COPY OF
SUCH DEMAND TO THE ADMINISTRATIVE AGENT), PAY TO THE ADMINISTRATIVE AGENT FOR
THE ACCOUNT OF SUCH BANK ANY AMOUNTS REQUIRED TO COMPENSATE SUCH BANK FOR ANY
ADDITIONAL LOSSES, COSTS OR EXPENSES WHICH IT MAY REASONABLY INCUR AS A RESULT
OF ANY SUCH PAYMENT OR PURCHASE, INCLUDING, WITHOUT LIMITATION, ANY LOSS
(INCLUDING LOSS OF REASONABLY ANTICIPATED PROFITS, EXCEPT IN THE CASE OF SUCH A
PURCHASE PURSUANT TO SECTION 2.13), COST OR EXPENSE INCURRED BY REASON OF THE
LIQUIDATION OR REEMPLOYMENT OF DEPOSITS OR OTHER FUNDS ACQUIRED BY SUCH BANK TO
FUND OR MAINTAIN SUCH ADVANCE.
SECTION 2.12.INCREASED COSTS.
(A)
IF, DUE TO THE INTRODUCTION OF OR ANY CHANGE
(INCLUDING WITHOUT LIMITATION, BUT WITHOUT DUPLICATION, ANY CHANGE BY WAY OF
IMPOSITION OR INCREASE OF RESERVE REQUIREMENTS INCLUDED, IN THE CASE OF
EURODOLLAR RATE ADVANCES, IN THE EURODOLLAR RATE RESERVE PERCENTAGE) IN OR IN
THE INTERPRETATION, APPLICATION OR APPLICABILITY OF ANY LAW, REGULATION,
GUIDELINE OR REQUEST FROM ANY CENTRAL BANK OR OTHER GOVERNMENTAL AUTHORITY
(WHETHER OR NOT HAVING THE FORCE OF LAW), THERE SHALL BE ANY INCREASE IN THE
COST TO ANY BANK OF AGREEING TO MAKE OR MAKING, FUNDING OR MAINTAINING ANY
EURODOLLAR RATE ADVANCE TO THE BORROWER, THEN THE BORROWER SHALL FROM TIME TO
TIME, UPON DEMAND BY