Common use of Lender Statements; Survival of Indemnity Clause in Contracts

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances to reduce any liability of Borrower to such Lender under Sections 4.1 and 4.2 or to avoid the unavailability of a LIBOR Advance, so long as such designation is not disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender as to the amount due, if any, under Sections 4.1, 4.2 or 4.4 hereof. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance shall be calculated as though each Lender funded its LIBOR Advance through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such Advance, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by Borrower of the written statement. The obligations of Borrower under Sections 4.1, 4.2 and 4.4 hereof shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Each Lender shall use its reasonable efforts to designate an alternate Lending Installation with respect to its LIBOR Advances Loans to reduce any liability of the Borrower to such Lender under Sections 4.1 4.1, 4.2 and 4.2 4.5 or to avoid the unavailability of a LIBOR AdvanceAdvances under Section 4.3, so long as such designation is does not disadvantageous to reduce such Lender’s income or increase such Lender’s liabilities and is made on terms that, in the sole judgment of such Lender, do not cause such Lender to suffer any economic, legal or regulatory disadvantage. Each Lender shall deliver a written statement of such Lender to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections Section 4.1, 4.2 4.2, 4.4 or 4.4 hereof4.5. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance Loan shall be calculated as though each Lender funded its LIBOR Advance Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement of any Lender shall be payable on demand after receipt by the Borrower of the such written statement. The obligations of the Borrower under Sections 4.1, 4.2 4.2, 4.4 and 4.4 hereof 4.5 shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances Loans and shall take other measures in its discretion to reduce any liability of the Borrower to such Lender under Sections 4.1 and 4.2 or to avoid the unavailability of a Type of a LIBOR AdvanceAdvance under Section 2.11, so long as such designation or other measure is not disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender to the Agent and to the Borrower as to the amount due, if any, under Sections 4.1, 4.2 or 4.4 hereof4.3. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance Loan shall be calculated as though each Lender funded its LIBOR Advance Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by the Borrower of the written statement. The obligations of the Borrower under Sections 4.1, 4.2 and 4.4 hereof 4.3 shall survive payment of the Obligations and termination of this AgreementAgreement for a period of one year.

Lender Statements; Survival of Indemnity. To the extent If reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances Fixed-Rate Loans to reduce any liability of any Borrower to such Lender under Sections 4.1 and 4.2 or to avoid the unavailability of a LIBOR AdvanceType of Advance under Section 4.3, so long as such designation is not not, in such Lender’s judgment, disadvantageous to such Lender. Each Lender Any demand for compensation pursuant to this Article IV shall deliver a written statement of such Lender as to be in writing and shall state the amount due, if any, under Sections 4.1, 4.2 or 4.4 hereof. Such written statement and shall set forth in reasonable detail the calculations upon which such Lender determined such amount and amount. Such written demand shall be final, conclusive and binding on Borrower in the absence of manifest errorrebuttably presumed correct for all purposes. Determination of amounts payable under such Sections in connection with a LIBOR Advance Fixed-Rate Loan shall be calculated as though each Lender funded its LIBOR Advance Fixed-Rate Loan through the purchase of a deposit of the type type, currency and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Fixed-Rate applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by Borrower of the written statement. The obligations of Borrower the Company and the other Borrowers under Sections 4.1, 4.2 and 4.4 hereof shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances Loans to reduce any liability of the Borrower to such Lender under Sections 4.1 4.1, 4.2 and 4.2 4.5 or to avoid the unavailability of a LIBOR AdvanceAdvances under Section 4.3, so long as such designation is does not disadvantageous to reduce such Lender’s income or increase such Lender’s liabilities. Each Lender shall deliver a written statement of such Lender to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections Section 4.1, 4.2 4.2, 4.4 or 4.4 hereof4.5. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance Loan shall be calculated as though each Lender funded its LIBOR Advance Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement of any Lender shall be payable on demand after receipt by the Borrower of the such written statement. The obligations of the Borrower under Sections 4.1, 4.2 4.2, 4.4 and 4.4 hereof 4.5 shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably ---------------------------------------- possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances to reduce any liability of Borrower to such Lender under Sections 4.1 and 4.2 or to avoid the unavailability of a LIBOR Advance, so ------------ --- long as such designation is not disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender as to the amount due, if any, under Sections 4.1, 4.2 or 4.4 hereof. Such written statement shall set forth ------------ --- --- in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance shall be calculated as though each Lender funded its LIBOR Advance through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such Advance, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by Borrower of the written statement. The obligations of Borrower under Sections 4.1, 4.2 and 4.4 hereof shall survive ------------ --- --- payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances Loans to reduce any liability of the Borrower to such Lender under Sections SECTIONS 4.1 and 4.2 or to avoid the unavailability of a Type of a LIBOR AdvanceAdvance under SECTION 4.3, so long as such designation is not disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender as to the amount due, if any, under Sections SECTIONS 4.1, 4.2 or 4.4 hereof4.4. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance Loan shall be calculated as though each Lender funded its LIBOR Advance Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by the Borrower of the written statement. The obligations of the Borrower under Sections SECTIONS 4.1, 4.2 and 4.4 hereof shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances Loans and shall take other measures in its discretion to reduce any liability of the Borrower to such Lender under Sections SECTIONS 4.1 and 4.2 or to avoid the unavailability of a Type of a LIBOR AdvanceAdvance under SECTION 4.3, so long as such designation or other measure is not disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender to the Administrative Agent and to the Borrower as to the amount due, if any, under Sections SECTIONS 4.1, 4.2 or 4.4 hereof4.4. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance Loan shall be calculated as though each Lender funded its LIBOR Advance Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by the Borrower of the written statement. The obligations of the Borrower under Sections SECTIONS 4.1, 4.2 and 4.4 hereof shall survive payment of the Obligations and termination of this AgreementAgreement for a period of one year.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances Loans to reduce any liability of the Borrower to such Lender under Sections 4.1 3.1, 3.2 and 4.2 3.5 or to avoid the unavailability of a LIBOR AdvanceAdvance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender as to the amount due, if any, under Sections 4.13.1, 4.2 or 4.4 hereof3.2, 3.4 and 3.5. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on Borrower in the absence of manifest errorpresumed (rebuttably) correct. Determination of amounts payable under such Sections in connection with a LIBOR Advance Loan shall be calculated as though each Lender funded its LIBOR Advance Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by the Borrower of the written statement. The obligations of the Borrower under Sections 4.13.1, 4.2 3.2, 3.4 and 4.4 hereof 3.5 shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances to reduce any liability of Borrower to such Lender under Sections SECTIONS 4.1 and 4.2 or to avoid the unavailability of a LIBOR Advance, so long as such designation is not disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender as to the amount due, if any, under Sections SECTIONS 4.1, 4.2 or 4.4 hereof. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance shall be calculated as though each Lender funded its LIBOR Advance through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such Advance, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by Borrower of the written statement. The obligations of Borrower under Sections SECTIONS 4.1, 4.2 and 4.4 hereof shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation Office with respect to its LIBOR Advances Loans to reduce any liability of the Borrower to such Lender under Sections 4.1 2.14 and 4.2 2.15 or to avoid the unavailability of a LIBOR Advance, so long as such designation is not disadvantageous to such LenderLoans. Each Lender shall deliver a written statement of such Lender as to the amount due, if any, under Sections 4.12.14, 4.2 2.15 or 4.4 hereof2.17. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance Loan shall be calculated as though each Lender funded its LIBOR Advance Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by the Borrower of the written statement. The obligations of the Borrower under Sections 4.12.14, 4.2 2.15 and 4.4 hereof 2.17 shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances to reduce any liability of Borrower to such Lender under Sections 4.1 and 4.2 or to avoid the unavailability of a LIBOR Advance, so long as such designation is not disadvantageous to such LenderLender in its sole discretion. Each Lender shall deliver a written statement of such Lender as to the amount due, if any, under Sections 4.1, 4.2 or 4.4 hereof. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance shall be calculated as though each Lender funded its LIBOR Advance through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such Advance, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by Borrower of the written statement. The obligations of Borrower under Sections 4.1, 4.2 and 4.4 hereof shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent If reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances Fixed-Rate Loans to reduce any liability of any Borrower to such Lender under Sections SECTIONS 4.1 and 4.2 or to avoid the unavailability of a LIBOR AdvanceType of Advance under SECTION 4.3, so long as such designation is not not, in such Lender's judgment, disadvantageous to such Lender. Each Lender Any demand for compensation pursuant to this ARTICLE IV shall deliver a written statement of such Lender as to be in writing and shall state the amount due, if any, under Sections SECTION 4.1, 4.2 or 4.4 hereof. Such written statement and shall set forth in reasonable detail the calculations upon which such Lender determined such amount and amount. Such written demand shall be final, conclusive and binding on Borrower in the absence of manifest errorrebuttably presumed correct for all purposes. Determination of amounts payable under such Sections in connection with a LIBOR Advance Fixed-Rate Loan shall be calculated as though each Lender funded its LIBOR Advance Fixed-Rate Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Fixed-Rate applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by Borrower of the written statement. The obligations of Borrower the Company and the other Borrowers under Sections SECTIONS 4.1, 4.2 and 4.4 hereof shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances LIBO Rate Loans to reduce any liability of the Borrower to such Lender under Sections 4.1 and 4.2 Section 4.3 or to avoid the unavailability of a LIBOR AdvanceLIBO Rate Loans under Section 4.1 or 4.2, so long as such designation is not disadvantageous to such LenderLender as determined by such Lender in good faith. Each Lender shall deliver a A written statement of such a Lender as to the amount duedue under Section 4.3, if any4.4, under Sections 4.1, 4.2 4.5 or 4.4 hereof. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and 4.6 shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance LIBO Rate Loan shall be calculated as though each Lender funded its LIBOR Advance LIBO Rate Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR LIBO Rate applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by the Borrower of the written statement. The obligations of the Borrower under Sections 4.14.3, 4.2 4.4, 4.5, and 4.4 hereof 4.6 shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances to reduce any liability of Borrower to such Lender under Sections 4.1 and 4.2 or to avoid the unavailability of a LIBOR Advance, so long as such designation is not disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender as to the amount due, if any, under Sections 4.1, 4.2 or 4.4 hereof. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR -42- 44 Advance shall be calculated as though each Lender funded its LIBOR Advance through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such Advance, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by Borrower of the written statement. The obligations of Borrower under Sections 4.1, 4.2 and 4.4 hereof shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances to reduce any liability of Borrower to such Lender under Sections 4.1 and 4.2 or to avoid the unavailability of a LIBOR Advance, so long as such designation is not disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender as to the amount due, if any, under Sections 4.1, 4.2 or 4.4 hereof. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance shall be calculated as though each Lender funded its LIBOR Advance through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such Advance, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by Borrower of the written statement. The obligations of Borrower under Sections 4.1, 4.2 and 4.4 hereof shall survive payment of the Obligations and termination of this AgreementAgreement for a period of one year.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances to reduce any liability of Borrower to such Lender under Sections 4.1 3.1 and 4.2 3.2 or to avoid the unavailability of a LIBOR AdvanceType of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or LC Issuer shall deliver a written statement of such Lender or LC Issuer as to the amount due, if any, under Sections 4.13.1, 4.2 3.2 or 4.4 hereof3.4. Such written statement shall set forth in reasonable detail the calculations upon which such Lender or LC Issuer determined such amount and shall be final, conclusive and binding on Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance shall be calculated as though each Lender funded its LIBOR Advance through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate Advance applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand within three (3) Business Days after receipt by Borrower of the written statement. The obligations of Borrower under Sections 4.13.1, 4.2 3.2 and 4.4 hereof 3.4 shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances Loans and shall take other measures in its discretion to reduce any liability of the Borrower to such Lender under Sections SECTIONS 4.1 and 4.2 or to avoid the unavailability of a Type of a LIBOR AdvanceAdvance under SECTION 4.3, so long as such designation or other measure is not disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender to the Administrative Agent and to the Borrower as to the amount due, if any, under Sections SECTIONS 4.1, 4.2 or 4.4 hereof4.4. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance Loan shall be calculated as though each Lender funded its LIBOR Advance Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by the Borrower of the written statement. The obligations of the Borrower under Sections 4.1, SECTIONS 4.1 4.2 and 4.4 hereof shall survive payment of the Obligations and termination of this AgreementAgreement for a period of one year.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances to reduce any liability of Borrower to such Lender under Sections 4.1 SECTIONS 4.1, 4.2 and 4.2 4.5 or to avoid the unavailability of a LIBOR Advance, so long as such designation is not disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender as to the amount due, if any, under Sections SECTIONS 4.1, 4.2 4.2, 4.4 or 4.4 4.5 hereof. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance shall be calculated as though each Lender funded its LIBOR Advance through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such Advance, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by Borrower of the written statement. The obligations of Borrower under Sections SECTIONS 4.1, 4.2 4.2, 4.4 and 4.4 4.5 hereof shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances Rate Loans to reduce any liability of the Borrower to such Lender under Sections 4.1 4.1, 4.2 and 4.2 4.4 or to avoid the unavailability of a LIBOR AdvanceRate Advances under Section 4.3, so long as such designation is not not, in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.1, 4.2 4.2, or 4.4 hereof4.4. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance Rate Loan shall be calculated as though each Lender funded its LIBOR Advance Rate Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement of any Lender shall be payable on demand after receipt by the Borrower of the such written statement. The obligations of the Borrower under Sections 4.1, 4.2 and 4.2, or 4.4 hereof shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances to reduce any liability of Borrower to such Lender under Sections 4.1 and 4.2 or to avoid the unavailability of a LIBOR Advance, so long as such designation is not disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender as to the amount due, if any, under Sections 4.1, 4.2 or 4.4 hereof. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a LIBOR Advance shall be calculated as though each Lender funded its LIBOR Advance through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Rate applicable to such Advance, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand within ten (10) days after receipt by Borrower of the written statement. The obligations of Borrower under Sections 4.1, 4.2 and 4.4 hereof shall survive payment of the Obligations and termination of this Agreement.. Without in any way affecting the Borrower's obligation to pay compensation

Lender Statements; Survival of Indemnity. To the extent If reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its LIBOR Advances Fixed-Rate Loans to reduce any liability of any Borrower to such Lender under Sections 4.1 and 4.2 or to avoid the unavailability of a LIBOR AdvanceType of Advance under Section 4.3, so long as such designation is not not, in such -68- 75 Lender's judgment, disadvantageous to such Lender. Each Lender Any demand for compensation pursuant to this Article IV shall deliver a written statement of such Lender as to be in writing and shall state the amount due, if any, under Sections Section 4.1, 4.2 or 4.4 hereof. Such written statement and shall set forth in reasonable detail the calculations upon which such Lender determined such amount and amount. Such written demand shall be final, conclusive and binding on Borrower in the absence of manifest errorrebuttably presumed correct for all purposes. Determination of amounts payable under such Sections in connection with a LIBOR Advance Fixed-Rate Loan shall be calculated as though each Lender funded its LIBOR Advance Fixed-Rate Loan through the purchase of a deposit of the type type, currency and maturity corresponding to the deposit used as a reference in determining the Adjusted LIBOR Fixed-Rate applicable to such AdvanceLoan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement shall be payable on demand after receipt by Borrower of the written statement. The obligations of Borrower the Company and the other Borrowers under Sections 4.1, 4.2 and 4.4 hereof shall survive payment of the Obligations and termination of this Agreement.