Common use of Additional Provisions Relating to Swingline Loans Clause in Contracts

Additional Provisions Relating to Swingline Loans. The Swingline Bank may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent and the Banks, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Base Rate Loan in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.02. Each Bank hereby irrevocably agrees to make its advance of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (i) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (ii) whether any conditions specified in Section 3.02 are then unsatisfied, (iii) whether a Default or an Event of Default then exists, (iv) failure of any such request or deemed request for a Base Rate Loan to be made by the time otherwise required hereunder, (v) whether the date of such borrowing is a date on which Base Rate Loans are otherwise permitted to be made hereunder or (vi) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group Member), then each Bank hereby agrees that it shall forthwith purchase (as of the date such borrowing could otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank such participation interest in the outstanding Swingline Loans as shall be necessary to cause each such Bank to share in such Swingline Loans ratably based upon its Percentage, provided that (a) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank until the date as of which the respective participation interest is funded and (b) at the time any purchase of participation interests pursuant to this sentence is actually made, the purchasing Bank shall be required to pay to the Swingline Bank, to the extent not paid to the Swingline Bank by the Borrower in accordance with the terms of Section 1.04, interest on the principal amount of participation interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interests, at a per annum rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksLenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (iI) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iiII) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiiIII) whether a Default or an Event of Default then exists, (ivIV) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (vV) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (viVI) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided that (aA) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksLenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (iI) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iiII) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiiIII) whether a Default or an Event of Default then exists, (ivIV) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (vV) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (viVI) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Lender to share in such Swingline Loans ratably based upon its Revolving Commitment Percentage, provided that (aA) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment by such lender for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksRevolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 Article VIII and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.02Article VIII. Each Bank Revolving Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (ia) that the amount of such borrowing Revolving Loan may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iib) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiic) whether a Default or an Event of Default then exists, (ivd) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (ve) whether the date of such borrowing Borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vif) any termination of the Revolving Commitments relating thereto immediately prior to or contemporaneously with such borrowingBorrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, including as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could Borrowing would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Revolving Lender to share in such Swingline Loans ratably based upon its Percentage, Revolving Commitment Percentage (determined before giving effect to any termination of the Revolving Commitments pursuant to Article VIII); provided that (ai) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest is Participation Interests are funded and (bii) at the time any purchase of participation interests Participation Interests pursuant to this sentence Section 2.12 is actually made, the purchasing Bank Revolving Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.04hereof, interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing Borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Company and the BanksLenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower Company shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (ia) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iib) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiic) whether a Default or an Event of Default then exists, (ivd) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (ve) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vif) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower Company or any other Group MemberCredit Party), then each Bank Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower Company on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided that (ai) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bii) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower Company in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksRevolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that -------- ------- any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 10.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.0210.2. Each Bank Revolving Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (iI) the amount of such borrowing may not comply with the minimum --------------- amount for advances of Revolving Loans otherwise required hereunder, (iiII) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiiIII) whether a Default or an Event of Default then exists, (ivIV) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (vV) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (viVI) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Revolving Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage of the Revolving Committed Amount (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided that (aA) all interest payable on the Swingline Loans -------- shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Revolving Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksLenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Base Revolving Loan advance comprised solely of Prime Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (i) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (ii) whether any conditions specified in Section 3.02 5.3 are then unsatisfiedsatisfied, (iii) whether a Default or an Event of Default then exists, (iv) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (v) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vi) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, including as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage of the Revolving Committed Amount (determined before giving effect to any termination of the Commitments pursuant to Section 9.2), provided that (aA) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.043.3(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksRevolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Revolving Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (i) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (ii) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iii) whether a Default or an Event of Default then exists, (iv) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (v) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vi) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Revolving Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided that (aA) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Revolving Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksLenders, demand repayment of its any Swingline Loans Loan by way of a Revolving Loan advanceLoan, in which case the Borrower shall be deemed to have requested a Base Rate such Revolving Loan in the amount of such Swingline LoansLoan; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and Date, on the date of the occurrence of any Event of Default described in Section 8.01 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.0210.2. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (i) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (ii) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iii) whether a Default or an Event of Default then exists, (iv) failure of any such request or deemed request for a Base Rate such Revolving Loan to be made by the time otherwise required hereunder, (v) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vi) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any such Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group Member)above, then each Bank Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding such Swingline Loans Loan as shall be necessary to cause each such Bank Lender to share in such Swingline Loans Loan ratably based upon its Percentage, Revolving Commitment Percentage (determined before giving effect to any termination of the Commitments pursuant to Section 3.4); provided that (aA) all interest payable on the such Swingline Loans Loan shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests pursuant to this sentence the respective Participation Interest is actually madefunded, the purchasing Bank Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.04Borrower, interest on the principal amount of participation interests purchased such Participation Interest for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for funding of such participation interestsParticipation Interest, at a per annum rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksRevolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that -------- ------- any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 10.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.0210.2. Each Bank Revolving Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (iI) the amount of such borrowing may not comply with the minimum --------------- amount for advances of Revolving Loans otherwise required hereunder, (iiII) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiiIII) whether a Default or an Event of Default then exists, (ivIV) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (vV) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (viVI) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Revolving Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage of the Revolving Committed Amount (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided that (aA) -------- all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Revolving Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksLenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand -------- ------- shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan advance in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (i) the amount of such --------------- borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (ii) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iii) whether a Default or an Event of Default then exists, (iv) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (v) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vi) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan advance cannot for any reason be so made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage of the Revolving Committed Amount (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided that (aA) all interest payable on the -------- Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksRevolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 Article 7 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.02Article 7. Each Bank Revolving Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding that (ia) the amount of such borrowing Revolving Loan may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iib) whether any conditions specified in Section 3.02 4.2 are then unsatisfiedsatisfied, (iiic) whether a Default or an Event of Default then exists, (ivd) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (ve) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vif) any termination of the Revolving Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Revolving Lender to share in such Swingline Loans ratably based upon its Percentage, Revolving Commitment Percentage (determined before giving effect to any termination of the Revolving Commitments pursuant to Article 7); provided that (ai) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest is Participation Interests are funded and (bii) at the time any purchase of participation interests Participation Interests pursuant to this sentence Section 2.17 is actually made, the purchasing Bank Revolving Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.04hereof, interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksLenders, demand repayment of its Swingline Loans by way of a Revolving Credit Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Credit Loan advance comprised solely of Alternate Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 Article 9 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.02Article 9. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Credit Commitment Percentage of each such Revolving Credit Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (i) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Credit Loans otherwise required hereunder, (ii) whether any conditions specified in Section 3.02 2.3 are then unsatisfiedsatisfied, (iii) whether a Default or an Event of Default then exists, (iv) failure of any such request or deemed request for a Base Rate Revolving Credit Loan to be made by the time otherwise required hereunder, (v) whether the date of such borrowing is a date on which Base Rate Revolving Credit Loans are otherwise permitted to be made hereunder or (vi) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Credit Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberBorrower), then each Bank Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest participations in the outstanding Swingline Loans as shall be necessary to cause each such Bank Lender to share in such Swingline Loans ratably based upon its Percentage, Revolving Credit Commitment Percentage (determined before giving effect to any termination of the Commitments; provided that (aA) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest is funded and (bB) at the time any purchase of participation interests pursuant to this sentence is actually made, the purchasing Bank Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.5, interest on the principal amount of participation interests participations purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsparticipations, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the Banks, demand repayment of its Swingline Loans by way of a Revolving Working Capital Loan advance, in which case the Borrower shall be deemed to have requested a Base Revolving Loan advance comprised solely of Bank Prime Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Final Maturity Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank hereby irrevocably agrees to make its advance Percentage Interest of each such Revolving Working Capital Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (i) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Working Capital Loans otherwise required hereunder, (ii) whether any conditions specified in Section 3.02 5.3 are then unsatisfiedsatisfied, (iii) whether a Default or an Event of Default then exists, (iv) failure of any such request or deemed request for a Base Rate Working Capital Loan to be made by the time otherwise required hereunder, (v) whether the date of such borrowing is a date on which Base Rate Working Capital Loans are otherwise permitted to be made hereunder or (vi) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Working Capital Loan cannot for any reason be made on the date otherwise required above (including, without limitation, including as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberBorrower), then each Bank hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank to share in such Swingline Loans ratably based upon its PercentagePercentage Interest of the Working Capital Committed Amount (determined before giving effect to any termination of the Commitments pursuant to Section 9.2), provided that (aA) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank shall be required to pay to the Swingline Bank, to the extent not paid to the Swingline Bank by the Borrower in accordance with the terms of Section 1.042.2.5, interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower Representative and the Banks, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower Representative shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and Date, on the date of the occurrence of any Event of Default described in Section 8.01 and upon acceleration of the indebtedness Loans and other obligations hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (iI) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iiII) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiiIII) whether a Default or an Event of Default then exists, (ivIV) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (vV) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (viVI) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower Borrowers on or after such date and prior to such purchase) from the Swingline Bank such participation interest interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage (determined before giving effect to any termination of the Commitments pursuant to Section 9.2), provided that (aA) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank shall be required to pay to the Swingline Bank, to the extent not paid to the Swingline Bank by the Borrower Borrowers in accordance with the terms of Section 1.042.3(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the Banks, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand -------- ------- shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (iI) the amount of such borrowing may not --------------- comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iiII) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiiIII) whether a Default or an Event of Default then exists, (ivIV) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (vV) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (viVI) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage (determined before giving effect to any termination of the Commitments pursuant to Section 9.2), provided -------- that (aA) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank shall be required to pay to the Swingline Bank, to the extent not paid to the Swingline Bank by the Borrower in accordance with the terms of Section 1.042.3(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the Banks, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Final Maturity Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Swingline Loan shall accrue interest at a variable annual rate equal to the Base Rate plus the Applicable Margin, if any, for Swingline Loans. Each Bank hereby irrevocably agrees to make its advance Percentage Interest of each such Revolving Swingline Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (i) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (ii) whether any conditions specified in Section 3.02 6.2 are then unsatisfiedsatisfied, (iii) whether a Default or an Event of Default then exists, (iv) the failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (v) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vi) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, including as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberBorrower), then each Bank hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank to share in such Swingline Loans ratably based upon its PercentagePercentage Interest of the Revolving Committed Amount (determined before giving effect to any termination of the Commitments pursuant to Section 9.2), provided that (aA) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.04herewith, interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksLenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand -------- ------- shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan advance in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (i) the amount of such --------------- borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (ii) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iii) whether a Default or an Event of Default then exists, (iv) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (v) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vi) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan advance cannot for any reason be so made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCrescent Guarantor), then each Bank Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage of the Revolving Committed Amount (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided that (aA) all interest payable on the Swingline Loans -------- shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksLenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (ia) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iib) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiic) whether a Default or an Event of Default then exists, (ivd) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (ve) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vif) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided that (ai) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bii) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. (a) The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksLenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (i) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (ii) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iii) whether a Default or an Event of Default then exists, (iv) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (v) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vi) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberGuarantor), then each Bank Lender hereby agrees that it shall forthwith purchase fund (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchasefunding) from the Swingline Bank Lender such Lender’s risk participation interest in the outstanding Swingline Loans as shall be necessary plus interest thereon from the date such borrowing would otherwise have occurred to cause each the date of such Bank funding, at a rate per annum equal to share in such Swingline Loans ratably based upon its Percentage, provided that (a) all the Federal Funds Rate. All interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective risk participation interest is funded and (b) at the time any purchase of participation interests pursuant to this sentence is actually made, the purchasing Bank shall be required to pay to the Swingline Bank, to the extent not paid to the Swingline Bank by the Borrower in accordance with the terms of Section 1.04, interest on the principal amount of participation interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interests, at a per annum rate equal to the Federal Funds Ratefunded.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksLenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand -------- ------- shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (iI) the amount of such borrowing may not --------------- comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iiII) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiiIII) whether a Default or an Event of Default then exists, (ivIV) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (vV) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (viVI) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage of the Aggregate Revolving Committed Amount (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided that (aA) all interest payable on the Swingline Loans -------- shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the Banks, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand --------- -------- shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and Date, on the date of the occurrence of any Event of Default described in Section 8.01 and upon acceleration of the indebtedness Loans and other obligations hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (iI) the amount of such borrowing may not --------------- comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iiII) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiiIII) whether a Default or an Event of Default then exists, (ivIV) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (vV) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (viVI) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank such participation interest interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage (determined before giving effect to any termination of the Commitments pursuant to Section 9.2), provided -------- that (aA) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank shall be required to pay to the Swingline Bank, to the extent not paid to the Swingline Bank by the Borrower in accordance with the terms of Section 1.042.3(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksRevolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Revolving Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (ia) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iib) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiic) whether a Default or an Event of Default then exists, (ivd) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (ve) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vif) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Revolving Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided that (ai) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bii) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Revolving Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.3, interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksRevolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Revolving Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (iI) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iiII) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiiIII) whether a Default or an Event of Default then exists, (ivIV) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (vV) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (viVI) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Revolving Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage of the Revolving Committed Amount (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided that (aA) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Revolving Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksLenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (ia) the amount of such borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iib) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiic) whether a Default or an Event of Default then exists, (ivd) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (ve) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vif) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan 36 cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided that (ai) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bii) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksLenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand -------- ------- shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (iI) the amount of such borrowing may not --------------- comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iiII) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiiIII) whether a Default or an Event of Default then exists, (ivIV) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (vV) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (viVI) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage of the Aggregate Revolving Committed Amount (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided that (aA) all interest -------- payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bB) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.

Additional Provisions Relating to Swingline Loans. The Swingline Bank Lender may, at any time, in its sole discretion, by written notice to the Borrower, the Administrative Agent Borrower and the BanksLenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loan Loans in the amount of such Swingline Loans; provided, however, that any such demand -------- shall be deemed to have been given one (1) Business Day prior to the Commitment Termination Date and on the date of the occurrence of any Event of Default described in Section 8.01 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Section 8.029.2. Each Bank Lender hereby irrevocably agrees to make its advance Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (ia) the amount of such borrowing may not --------------- comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (iib) whether any conditions specified in Section 3.02 5.2 are then unsatisfiedsatisfied, (iiic) whether a Default or an Event of Default then exists, (ivd) failure of any such request or deemed request for a Base Rate Revolving Loan to be made by the time otherwise required hereunder, (ve) whether the date of such borrowing is a date on which Base Rate Revolving Loans are otherwise permitted to be made hereunder or (vif) any termination of the Commitments relating thereto immediately prior to or contemporaneously with such borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Group MemberCredit Party), then each Bank Lender hereby agrees that it shall forthwith purchase (as of the date such borrowing could would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank Lender such participation interest Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Bank Lender to share in such Swingline Loans ratably based upon its PercentageRevolving Commitment Percentage (determined before giving effect to any termination of the Commitments pursuant to Section 3.4), provided -------- that (ai) all interest payable on the Swingline Loans shall be for the account of the Swingline Bank Lender until the date as of which the respective participation interest Participation Interest is funded and (bii) at the time any purchase of participation interests Participation Interests pursuant to this sentence is actually made, the purchasing Bank Lender shall be required to pay to the Swingline BankLender, to the extent not paid to the Swingline Bank Lender by the Borrower in accordance with the terms of Section 1.042.4(b), interest on the principal amount of participation interests Participation Interests purchased for each day from and including the day upon which such borrowing would otherwise have occurred to but excluding the date of payment for such participation interestsParticipation Interests, at a per annum the rate equal to the Federal Funds Rate.