BANK INVESTOR, AND THE FAILURE OF ANY BANK INVESTOR TO
SO MAKE SUCH AMOUNT AVAILABLE TO THE LENDER SHALL NOT RELIEVE ANY OTHER BANK
INVESTOR OF ITS OBLIGATION HEREUNDER.
(D)
PAYMENT OF LOANS.
WITH RESPECT TO EACH GROUP, ON ANY LOAN DATE,
THE RELATED LENDER OR THE RELATED BANK INVESTOR, AS THE CASE MAY BE, SHALL REMIT
ITS SHARE OF THE AGGREGATE AMOUNT OF SUCH LOAN (DETERMINED PURSUANT TO SECTION
2.3(B) AND (C) HEREOF) TO THE ACCOUNT OF THE RELATED MANAGING AGENT SPECIFIED
THEREFOR FROM TIME TO TIME BY SUCH MANAGING AGENT BY NOTICE TO SUCH PERSONS BY
WIRE TRANSFER OF SAME DAY FUNDS. FOLLOWING EACH MANAGING AGENT'S RECEIPT OF
FUNDS FROM THE LENDERS OR BANK INVESTORS AS AFORESAID, SUCH MANAGING AGENT SHALL
REMIT SUCH FUNDS RECEIVED TO THE BORROWER'S ACCOUNT AT THE LOCATION INDICATED IN
SECTION 8.3 BY WIRE TRANSFER OF SAME DAY FUNDS.
(E)
MANAGING AGENTS MAY ADVANCE FUNDS.
WITH RESPECT TO EACH GROUP,
UNLESS THE RELATED MANAGING AGENT SHALL HAVE RECEIVED NOTICE FROM ANY BANK
INVESTOR OR THE RELATED LENDER THAT SUCH PERSON WILL NOT MAKE ITS SHARE OF ANY
LOAN AVAILABLE ON THE APPLICABLE LOAN DATE THEREFOR, SUCH MANAGING AGENT MAY
(BUT SHALL HAVE NO OBLIGATION TO) MAKE ANY SUCH BANK INVESTOR'S SHARE OF ANY
LOAN AVAILABLE TO THE BORROWER IN ANTICIPATION OF THE RECEIPT BY SUCH MANAGING
AGENT OF SUCH AMOUNT FROM THE APPLICABLE BANK INVESTOR.
TO THE EXTENT ANY SUCH
BANK INVESTOR FAILS TO REMIT ANY SUCH AMOUNT TO A MANAGING AGENT AFTER ANY SUCH
ADVANCE BY SUCH MANAGING AGENT ON SUCH LOAN DATE, SUCH BANK INVESTOR SHALL BE
REQUIRED TO PAY SUCH AMOUNT TO SUCH MANAGING AGENT FOR ITS OWN ACCOUNT, TOGETHER
WITH INTEREST THEREON AT A PER ANNUM RATE EQUAL TO THE FEDERAL FUNDS RATE, UPON
ITS DEMAND THEREFOR (PROVIDED THAT NO LENDER SHALL HAVE AN OBLIGATION TO PAY
SUCH INTEREST AMOUNTS EXCEPT TO THE EXTENT THAT IT SHALL HAVE SUFFICIENT FUNDS
TO PAY THE FACE AMOUNT OF ITS COMMERCIAL PAPER IN FULL).
UNTIL SUCH AMOUNT
SHALL BE REPAID, SUCH AMOUNT SHALL BE DEEMED TO BE NET INVESTMENT PAID BY A
MANAGING AGENT AND SUCH MANAGING AGENT SHALL BE DEEMED TO HAVE AN INTEREST IN
THE NET INVESTMENT HEREUNDER TO THE EXTENT OF SUCH LOAN.
UPON THE PAYMENT OF
SUCH AMOUNT TO A MANAGING AGENT BY SUCH BANK INVESTOR, SUCH PAYMENT SHALL
CONSTITUTE SUCH PERSON'S PAYMENT OF ITS SHARE OF THE APPLICABLE LOAN.
(F)
DEFAULTING BANK INVESTOR.
IF, BY 2:00 P.M. (NEW YORK CITY TIME)
ON ANY LOAN DATE, WHETHER OR NOT A MANAGING AGENT HAS ADVANCED THE AMOUNT OF THE
APPLICABLE LOAN, ONE OR MORE BANK INVESTORS (EACH, A "DEFAULTING BANK INVESTOR",
AND EACH BANK INVESTOR OTHER THAN ANY DEFAULTING BANK INVESTOR BEING REFERRED TO
AS A "NON-DEFAULTING BANK INVESTOR") FAILS TO MAKE ITS PRO RATA SHARE OF ANY
LOAN AVAILABLE TO THE AGENT PURSUANT TO SECTION 2.3(D) OR ANY ASSIGNMENT AMOUNT
PAYABLE BY IT PURSUANT TO SECTION 2.14(A) (THE AGGREGATE AMOUNT NOT SO MADE
AVAILABLE TO A MANAGING AGENT BEING