TO SECTION 2.4 OR 2.5 OR
ARTICLE IX.
(B)
EACH LENDER SHALL MAINTAIN IN ACCORDANCE
WITH ITS USUAL PRACTICE AN ACCOUNT OR ACCOUNTS EVIDENCING INDEBTEDNESS OF THE
BORROWER TO SUCH LENDER RESULTING FROM EACH LOAN OF SUCH LENDER FROM TIME TO
TIME, INCLUDING THE AMOUNTS OF PRINCIPAL AND INTEREST PAYABLE AND PAID TO SUCH
LENDER FROM TIME TO TIME UNDER THIS AGREEMENT.
(C)
THE ADMINISTRATIVE AGENT, ON BEHALF OF THE
BORROWER, SHALL MAINTAIN THE REGISTER, AND A SUBACCOUNT THEREIN FOR EACH LENDER,
IN WHICH SHALL BE RECORDED (I) THE AMOUNT AND SERIES OF EACH LOAN MADE HEREUNDER
AND, IF APPLICABLE, THE INTEREST PERIOD
42
APPLICABLE THERETO, (II) THE AMOUNT OF ANY PRINCIPAL OR INTEREST DUE AND PAYABLE
OR TO BECOME DUE AND PAYABLE FROM THE BORROWER TO EACH LENDER HEREUNDER AND
(III) BOTH THE AMOUNT OF ANY SUM RECEIVED BY THE ADMINISTRATIVE AGENT HEREUNDER
FROM THE BORROWER AND EACH LENDER'S SHARE THEREOF.
THE REGISTER SHALL BE
AVAILABLE FOR INSPECTION BY EACH LOAN PARTY, THE ADMINISTRATIVE AGENT AND ANY
LENDER AT ANY REASONABLE TIME AND FROM TIME TO TIME UPON REASONABLE PRIOR
NOTICE.
(D)
THE ENTRIES MADE IN THE REGISTER AND THE
ACCOUNTS OF EACH LENDER MAINTAINED PURSUANT TO SECTION 2.6(B) SHALL, TO THE
EXTENT PERMITTED BY APPLICABLE LAW, BE PRIMA FACIE EVIDENCE OF THE EXISTENCE AND
AMOUNTS OF THE OBLIGATIONS OF THE BORROWER THEREIN RECORDED; PROVIDED, THAT THE
FAILURE OF ANY LENDER OR THE ADMINISTRATIVE AGENT TO MAINTAIN THE REGISTER OR
ANY SUCH ACCOUNT, OR ANY ERROR THEREIN, SHALL NOT IN ANY MANNER AFFECT THE
OBLIGATION OF THE BORROWER TO REPAY (WITH APPLICABLE INTEREST) THE LOANS MADE TO
THE BORROWER BY SUCH LENDER IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT OR
THE BORROWER'S ENTITLEMENT TO CREDIT FOR ANY PAYMENT OF PRINCIPAL OR INTEREST ON
THE LOANS.
2.7
Interest.
(A)
EACH LOAN SHALL BEAR INTEREST ON THE
PRINCIPAL AMOUNT THEREOF FROM THE CLOSING DATE OR DATE OF CONVERSION OR
CONTINUATION PURSUANT TO SECTION 2.3 OF THIS AGREEMENT, AS THE CASE MAY BE, AT A
RATE PER ANNUM EQUAL TO THE LESSER OF (I) THE LIBO RATE OR THE ADJUSTED BASE
RATE, AS THE CASE MAY BE, PLUS THE APPLICABLE MARGIN AND (II) THE HIGHEST LAWFUL
RATE.
(B)
INTEREST ON EACH LOAN SHALL BE PAID IN
ARREARS ON EACH INTEREST PAYMENT DATE.
INTEREST SHALL ALSO BE PAID ON THE DATE
OF ANY PREPAYMENT OF LOANS UNDER SECTION 2.4 OR 2.5 FOR THE PORTION OF THE LOANS
SO PREPAID AND UPON PAYMENT (INCLUDING PREPAYMENT) IN FULL THEREOF AND, DURING
THE EXISTENCE OF ANY EVENT OF DEFAULT, INTEREST SHALL BE PAID ON DEMAND OF THE
ADMINISTRATIVE AGENT.
(C)
NOTWITHSTANDING PARAGRAPH (A) OF THIS
SECTION 2.7, WHILE ANY EVENT OF DEFAULT EXISTS OR AFTER ACCELERATION, THE
BORROWER SHALL PAY INTEREST (AFTER AS WELL AS BEFORE ENTRY OF JUDGMENT THEREON
TO THE EXTENT PERMITTED BY LAW) ON THE PRINCIPAL AMOUNT OF ALL OUTSTANDING
LOANS, AT A RATE PER ANNUM EQUAL TO THE LESSER OF (I) THE HIGHEST LAWFUL RATE
AND (II) THE RATE OTHERWISE