Common use of Payments by the Lenders Clause in Contracts

Payments by the Lenders. (a) Unless the Administrative Agent receives notice from a Lender, (i) at least one Business Day prior to the date of a Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower the amount of such Lender’s Total Pro Rata Share of such Credit Extension, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date and the Administrative Agent may (but shall not be so required), in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount. (b) If and to the extent any Lender shall not have made its full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date and the Administrative Agent in such circumstances has made available to the applicable Borrower such amount, such Lender shall on the Business Day following such Borrowing Date make such amount available to the Administrative Agent, together with interest at (in the case of amounts in U.S. Dollars) the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s Loan on the Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent on the Business Day following the Borrowing Date, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower shall pay such amount to the Administrative Agent for the Administrative Agent’s account, together with interest thereon for each day elapsed since the Borrowing Date, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) The failure of any Lender to make any Credit Extension on any Borrowing Date shall not relieve any other Lender of any obligation hereunder to make a Credit Extension on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension to be made by such other Lender on any Borrowing .

Payments by the Lenders. (a) Not later than 12:00 noon (New York City time) on the date of each proposed Committed Borrowing, each Lender shall make available to the Agent to such account as the Agent shall specify sf-712846 32 from time to time in immediately available funds for the account of the Company, the amount of such Lender's Commitment Percentage of such Borrowing. (b) Unless the Administrative Agent receives shall have received notice from a Lender, (i) Lender at least one Business Day prior to the date of a any proposed Committed Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company, the amount of such Lender’s Total Pro Rata Share 's Commitment Percentage of such Credit ExtensionBorrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date date of such Borrowing, and the Administrative Agent may (but shall not be so required)may, in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its such full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date Agent, and the Administrative Agent in such circumstances has made makes available to the applicable Borrower Company such amount, such Lender shall on shall, within two Business Days following the Business Day following date of such Borrowing Date Borrowing, make such amount available to the Administrative Agent, together with interest thereon for each day from and including the date of such Borrowing, at (in the case of amounts in U.S. Dollars) a rate per annum equal to the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s 's Committed Loan on the date of such Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent within two Business Days following the date of such Borrowing, the Agent shall notify the Company of such failure to fund, and, on the third Business Day following the Borrowing Datedate of such Borrowing, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower Company shall pay such amount to the Administrative Agent for the Administrative Agent’s accountsuch amount, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. Nothing contained in this Section 4.04(b) shall relieve any Lender which has failed to make available its Commitment Percentage of any Committed Borrowing hereunder from its obligation to do so in accordance with the terms hereof. (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) The failure of any Lender to make any Credit Extension Committed Loan on the date of any Committed Borrowing Date shall not relieve any other Lender of any obligation its obligation, if any, hereunder to make a Credit Extension Committed Loan on the date of such Borrowing Datepursuant to the provisions contained herein, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension Loan to be made by such other Lender on the date of any Committed Borrowing. (d) If the Company accepts one or more of the offers made by any Lender or Lenders pursuant to Section 2.04(c)(ii), each such Lender which is to make a Bid Loan as part of any Bid Borrowing shall before 12:00 noon (New York City time) on the date of such proposed Bid Borrowing (or before 2:00 p.m. (New York City time) on the date of such Bid Borrowing in the case of a Fixed Rate Bid Loan) make available to the Company at such Lender's Lending Office such Lender's portion of such Bid Borrowing in immediately available funds. The Company will promptly notify the Agent of the total amount of Bid Loans made in connection with such Bid Borrowing, each date on which all or any part of such Bid Loans shall mature and the principal amount which shall mature on each such date, and the Agent will, in turn, promptly notify each Lender of the amount of such Bid Borrowing and the relevant maturity date or dates of the Bid Loans comprised in such Bid Borrowing.

Payments by the Lenders. (a) Except as otherwise set forth in Section 2.15(c)(i), not later than (i) 3:00 p.m. (New York City time) in the case of a Borrowing of Loans (other than Swing Line Loans and Term Loans) in Dollars and (ii) 11:00 a.m. (London time) in the case of a Borrowing of Offshore Currency Loans (other than Swing Line Loans and Term Loans) on the date of each proposed Committed Borrowing, each Lender shall make available to the Agent for the account of the Company at the Agent’s Payment Office on the date of borrowing requested by the Table of Contents Company and in Same Day Funds and in the Applicable Currency, the amount of such Lender’s Commitment Percentage of such Committed Borrowing. (b) Unless the Administrative Agent receives shall have received notice from a Lender, (i) Lender at least one Business Day prior to the date of a any proposed Committed Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company, the amount of such Lender’s Total Pro Rata Share Commitment Percentage of such Credit ExtensionCommitted Borrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date date of such Committed Borrowing, and the Administrative Agent may (but shall not be so required)may, in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its such full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date Agent, and the Administrative Agent in such circumstances has made makes available to the applicable Borrower Company such amount, such Lender shall on shall, within two Business Days following the Business Day following date of such Borrowing Date Committed Borrowing, make such amount available to the Administrative Agent, together with interest thereon for each day from and including the date of such Committed Borrowing, at (in the case of amounts in U.S. Dollars) a rate per annum equal to the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s Committed Loan on the date of such Committed Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent within two Business Days following the date of such Committed Borrowing, the Agent shall notify the Company of such failure to fund, and, on the third Business Day following the Borrowing Datedate of such Committed Borrowing, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower Company shall pay such amount to the Administrative Agent for the Administrative Agent’s accountsuch amount, together with interest thereon for each day elapsed since the Borrowing Datedate of such Committed Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Committed Borrowing. Nothing contained in this Section 4.04(b) shall relieve any Lender which has failed to make available its Commitment Percentage of any Committed Borrowing hereunder from its obligation to do so in accordance with the terms hereof. (c) A notice The obligations of the Administrative Agent submitted Lenders hereunder to any Lender with respect make Committed Loans and to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) fund participations in Letters of Credit and Swing Line Loans are several and not joint. The failure of any Lender to make any Credit Extension Committed Loan or to fund any such participation on any Borrowing Date date required hereunder shall not relieve any other Lender of any its corresponding obligation hereunder to make a Credit Extension do so on such Borrowing Datedate, but and no Lender shall be responsible for the failure of any other Lender to so make its Committed Loan or purchase its participation. (d) If the Credit Extension to be Company accepts one or more of the offers made by any Lender or Lenders pursuant to Section 2.04(c)(ii), each such other Lender which is to make a Bid Loan as part of any Bid Borrowing shall before 12:00 noon (New York City time) on the date of such proposed Bid Borrowing (or before 2:00 p.m. (New York City time) on the date of such Bid Borrowing in the case of a Fixed Rate Bid Loan) make available to the Company at such Lender’s Lending Office such Lender’s portion of such Bid Borrowing in Same Day Funds. The Company will promptly notify the Agent of the total amount of Bid Loans made in connection with such Bid Borrowing, each date on which all or any part of such Bid Loans shall mature and the principal amount which shall mature on each such date, and the Agent will, in turn, promptly notify each Lender of the amount of such Bid Borrowing and the relevant maturity date or dates of the Bid Loans comprised in such Bid Borrowing.

Payments by the Lenders. (a) to the Administrative Agent. Unless the Administrative Agent receives notice from a Lender, (i) Lender at least one Business Day prior to the date of a Borrowing of Eurodollar Loans, (ii) Offshore Rate Loans or by 1:00 p.m. (12:00 noon Charlotte time) time on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company the amount of such Lender’s Total 's Pro Rata Share of such Credit ExtensionBorrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date and the Administrative Agent may (but shall not be so required), in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date and the Administrative Agent in such circumstances has made available to the applicable Borrower Company such amount, such Lender shall on the Business Day following such Borrowing Date make such amount available to the Administrative Agent, together with interest at (in the case of amounts in U.S. Dollars) the Federal Funds Rate or Rate. A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under this subsection (in the case of amounts in Canadian Dollarsa) the Canadian Cost of Funds Rateshall be conclusive, absent manifest error. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s 's Loan on the date of Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent on the Business Day following the Borrowing Date, the Administrative Agent will notify the applicable Borrower Company of such failure to fund and, upon demand by the Administrative Agent, such Borrower the Company shall pay such amount to the Administrative Agent for the Administrative Agent’s 's account, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) . The failure of any Lender to make any Credit Extension Loan on any Borrowing Date shall not relieve any other Lender of any obligation hereunder to make a Credit Extension Loan on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension Loan to be made by such other Lender on any Borrowing Date.

Payments by the Lenders. (a) Not later than 3:00 p.m. (New York City time) in the case of the Borrowing, each Lender shall make available to the Agent for the account of the Company at the Agent's Payment Office on the date of borrowing requested by the Company and in immediately available funds, the amount of such Lender's Commitment Percentage of the Borrowing. (b) Unless the Administrative Agent receives shall have received notice from a Lender, (i) Lender at least one Business Day prior to the date of a the Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company, the amount of such Lender’s Total Pro Rata Share 's Commitment Percentage of such Credit Extensionthe Borrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date date of the Borrowing, and the Administrative Agent may (but shall not be so required)may, in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its such full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date Agent, and the Administrative Agent in such circumstances has made makes available to the applicable Borrower Company such amount, such Lender shall on shall, within two Business Days following the Business Day following such Borrowing Date date of the Borrowing, make such amount available to the Administrative Agent, together with interest thereon for each day from and including the date of the Borrowing, at (in the case of amounts in U.S. Dollars) a rate per annum equal to the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s 's Loan on the date of the Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent within two Business Days following the date of the Borrowing, the Agent shall notify the Company of such failure to fund, and, on the third Business Day following the Borrowing Datedate of the Borrowing, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower Company shall pay such amount to the Administrative Agent for the Administrative Agent’s accountsuch amount, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. Nothing contained in this Section 3.03(b) shall ---------------- relieve any Lender which has failed to make available its Commitment Percentage of the Borrowing hereunder from its obligation to do so in accordance with the terms hereof. (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) The failure of any Lender to make any Credit Extension Loan on any the date of the Borrowing Date shall not relieve any other Lender of any obligation its obligation, if any, hereunder to make a Credit Extension Loan on such the date of the Borrowing Datepursuant to the provisions contained herein, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension Loan to be made by such other Lender on any Borrowing the date of the Borrowing.

Payments by the Lenders. (a) Not later than 12:00 noon (New York City time) on the date of each proposed Committed Borrowing, each Lender shall make available to the Agent to such account as the Agent shall specify from time to time in immediately available funds for the account of the Company, the amount of such Lender's Commitment Percentage of such Borrowing. (b) Unless the Administrative Agent receives shall have received notice from a Lender, (i) Lender at least one Business Day prior to the date of a any proposed Committed Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company, the amount of such Lender’s Total Pro Rata Share 's Commitment Percentage of such Credit ExtensionBorrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date date of such Borrowing, and the Administrative Agent may (but shall not be so required)may, in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its such full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date Agent, and the Administrative Agent in such circumstances has made makes available to the applicable Borrower Company such amount, such Lender shall on shall, within two Business Days following the Business Day following date of such Borrowing Date Borrowing, make such amount available to the Administrative Agent, together with interest thereon for each day from and including the date of such Borrowing, at (in the case of amounts in U.S. Dollars) a rate per annum equal to the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s 's Committed Loan on the date of such Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent within two Business Days following the date of such Borrowing, the Agent shall notify the Company of such failure to fund, and, on the third Business Day following the Borrowing Datedate of such Borrowing, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower Company shall pay such amount to the Administrative Agent for the Administrative Agent’s accountsuch amount, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing.. Nothing contained in this Section 4.04(b) shall relieve any Lender which has failed to make available its Commitment Percentage of any Committed Borrowing hereunder from its obligation to do so in accordance with the terms hereof. sf712790 33 (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) The failure of any Lender to make any Credit Extension Committed Loan on the date of any Committed Borrowing Date shall not relieve any other Lender of any obligation its obligation, if any, hereunder to make a Credit Extension Committed Loan on the date of such Borrowing Datepursuant to the provisions contained herein, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension Loan to be made by such other Lender on the date of any Committed Borrowing. (d) If the Company accepts one or more of the offers made by any Lender or Lenders pursuant to Section 2.04(c)(ii), each such Lender which is to make a Bid Loan as part of any Bid Borrowing shall before 12:00 noon (New York City time) on the date of such proposed Bid Borrowing (or before 2:00 p.m. (New York City time) on the date of such Bid Borrowing in the case of a Fixed Rate Bid Loan) make available to the Company at such Lender's Lending Office such Lender's portion of such Bid Borrowing in immediately available funds. The Company will promptly notify the Agent of the total amount of Bid Loans made in connection with such Bid Borrowing, each date on which all or any part of such Bid Loans shall mature and the principal amount which shall mature on each such date, and the Agent will, in turn, promptly notify each Lender of the amount of such Bid Borrowing and the relevant maturity date or dates of the Bid Loans comprised in such Bid Borrowing.

Payments by the Lenders. to the Administrative Agent. --------------------------------------------------- (a) Unless the Administrative Agent receives notice from a Lender, (i) Lender at least one Business Day prior to the date of a Borrowing of Eurodollar Loans, (ii) Offshore Rate Committed Loans or by 1:00 p.m. (Charlotte time) 11:30 a.m. Chicago time on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Committed Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company the amount of such Lender’s Total 's Pro Rata Share of such Credit ExtensionCommitted Borrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date and the Administrative Agent may (but shall not be so required), in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date and the Administrative Agent in such circumstances has made available to the applicable Borrower Company such amount, such Lender shall on the Business Day following such Borrowing Date make such amount available to the Administrative Agent, together with interest at (in the case of amounts in U.S. Dollars) the Federal Funds Rate or Rate. A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under this subsection (in the case of amounts in Canadian Dollarsa) the Canadian Cost of Funds Rate-------------- shall be conclusive, absent manifest error. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s 's Committed Loan on the date of Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent on the Business Day following the Borrowing Date, the Administrative Agent will notify the applicable Borrower Company of such failure to fund and, upon demand by the Administrative Agent, such Borrower the Company shall pay such amount to the Administrative Agent for the Administrative Agent’s 's account, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Committed Loans comprising such Committed Borrowing. (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) The failure of any Lender to make any Credit Extension Loan on any Borrowing Date shall not relieve any other Lender of any obligation hereunder to make a Credit Extension Loan on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension Loan to be made by such other Lender on any Borrowing Date.

Payments by the Lenders. to the Post-Petition Agent. -------------------------------------------------- (a) Unless the Administrative Post-Petition Agent receives notice from a LenderLender on or prior to the Effective Date or, (i) with respect to any Borrowing after the Effective Date, at least one Business Day prior to the date of a Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loanssuch Borrowing, that such Lender will not make available as and when required hereunder to the Administrative Post-Petition Agent for the account of the applicable Borrower the amount of such that Lender’s Total 's Pro Rata Share of such Credit Extensionthe Borrowing, the Administrative Post-Petition Agent may assume that such each Lender has made such amount available to the Administrative Post-Petition Agent in immediately available funds on the Borrowing Date and the Administrative Post-Petition Agent may (but shall not be so required), in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its full amount of any Loan available to the Administrative Post-Petition Agent in immediately available funds on a Borrowing Date and the Administrative Post-Petition Agent in such circumstances has made available to the applicable Borrower such amount, such that Lender shall on the Business Day following such Borrowing Date make such amount available to the Administrative Post-Petition Agent, together with interest at (the Federal Funds Rate in the case of amounts in U.S. Dollars) Dollars and the Federal Funds Overnight Rate or (in the case of any other Applicable Currency for each day during such period. A notice of the Post-Petition Agent submitted to any Lender with respect to amounts in Canadian Dollarsowing under this Section 5.8(a) the Canadian Cost of Funds Rateshall be conclusive, absent manifest error. If -------------- such amount is so made available, such payment to the Administrative Post-Petition Agent shall constitute such Lender’s 's Loan on the date of Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Post-Petition Agent on the Business Day following the Borrowing Date, the Administrative Post-Petition Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Post-Petition Agent, such the Borrower shall pay such amount to the Administrative Post-Petition Agent for the Administrative Post-Petition Agent’s 's account, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. In all instances, however, such Lender shall remain obligated to the Post-Petition Agent for such amount, together with interest at the Federal Funds Rate in the case of Dollars and the Overnight Rate in the case of any other Applicable Currency for each day during such period, unless and until such Lender pays such amount (together with such interest) in full to the Post-Petition Agent or the Borrower repays the amount required pursuant to the preceding sentence. (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) The failure of any Lender to make any Credit Extension Loan on any Borrowing Date shall not relieve any other Lender of any obligation hereunder to make a Credit Extension Loan on such Borrowing Date, but no neither the Post-Petition Agent nor any Lender shall be responsible for the failure of any other Lender to make the Credit Extension a Loan to be made by such other Lender on any Borrowing Date.

Payments by the Lenders. (a) Not later than (i) 3:00 p.m. (New York City time) in the case of a Borrowing of Loans in Dollars and (ii) 11:00 a.m. (London time) in the case of a Borrowing of Offshore Currency Loans on the date of each proposed Committed Borrowing, each Lender shall make available to the Agent for the account of the Company at the Agent's Payment Office on the date of borrowing requested by the Company and in Same Day Funds and in the Applicable Currency, the amount of such Lender's Commitment Percentage of such Borrowing. (b) Unless the Administrative Agent receives shall have received notice from a Lender, (i) Lender at least one Business Day prior to the date of a any proposed Committed Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company, the amount of such Lender’s Total Pro Rata Share 's Commitment Percentage of such Credit ExtensionBorrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date date of such Borrowing, and the Administrative Agent may (but shall not be so required)may, in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its such full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date Agent, and the Administrative Agent in such circumstances has made makes available to the applicable Borrower Company such amount, such Lender shall on shall, within two Business Days following the Business Day following date of such Borrowing Date Borrowing, make such amount available to the Administrative Agent, together with interest thereon for each day from and including the date of such Borrowing, at (in the case of amounts in U.S. Dollars) a rate per annum equal to the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s 's Committed Loan on the date of such Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent within two Business Days following the date of such Borrowing, the Agent shall notify the Company of such failure to fund, and, on the third Business Day following the Borrowing Datedate of such Borrowing, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower Company shall pay such amount to the Administrative Agent for the Administrative Agent’s accountsuch amount, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. Nothing contained in this Section 4.04(b) shall --------------- relieve any Lender which has failed to make available its Commitment Percentage of any Committed Borrowing hereunder from its obligation to do so in accordance with the terms hereof. (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) The failure of any Lender to make any Credit Extension Committed Loan on the date of any Committed Borrowing Date shall not relieve any other Lender of any obligation its obligation, if any, hereunder to make a Credit Extension Committed Loan on the date of such Borrowing Datepursuant to the provisions contained herein, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension Loan to be made by such other Lender on the date of any Committed Borrowing. (d) If the Company accepts one or more of the offers made by any Lender or Lenders pursuant to Section 2.04(c)(ii), each such Lender which is to make ------------------- a Bid Loan as part of any Bid Borrowing shall before 12:00 noon (New York City time) on the date of such proposed Bid Borrowing (or before 2:00 p.m. (New York City time) on the date of such Bid Borrowing in the case of a Fixed Rate Bid Loan) make available to the Company at such Lender's Lending Office such Lender's portion of such Bid Borrowing in Same Day Funds. The Company will promptly notify the Agent of the total amount of Bid Loans made in connection with such Bid Borrowing, each date on which all or any part of such Bid Loans shall mature and the principal amount which shall mature on each such date, and the Agent will, in turn, promptly notify each Lender of the amount of such Bid Borrowing and the relevant maturity date or dates of the Bid Loans comprised in such Bid Borrowing.

Payments by the Lenders. (a) Not later than 12:00 noon (New ----------------------- York City time) on the date of each proposed Borrowing, each Lender shall make available to the Agent to such account as the Agent shall specify from time to time in immediately available funds for the account of the Company, the amount of such Lender's Commitment Percentage of such Borrowing. (b) Unless the Administrative Agent receives shall have received notice from a Lender, (i) Lender at least one Business Day prior to the date of a any proposed Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company, the amount of such Lender’s Total Pro Rata Share 's Commitment Percentage of such Credit ExtensionBorrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date date of such Borrowing, and the Administrative Agent may (but shall not be so required)may, in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its such full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date Agent, and the Administrative Agent in such circumstances has made makes available to the applicable Borrower Company such amount, such Lender shall on shall, within two Business Days following the Business Day following date of such Borrowing Date Borrowing, make such amount available to the Administrative Agent, together with interest thereon for each day from and including the date of such Borrowing, at (in the case of amounts in U.S. Dollars) a rate per annum equal to the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s 's Loan on the date of such Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent within two Business Days following the date of such Borrowing, the Agent shall notify the Company of such failure to fund, and, on the third Business Day following the Borrowing Datedate of such Borrowing, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower Company shall pay such amount to the Administrative Agent for the Administrative Agent’s accountsuch amount, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. Nothing contained in this Section 3.04(b) shall --------------- relieve any Lender which has failed to make available its pro rata share of any Borrowing hereunder from its obligation to do so in accordance with the terms hereof. (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) The failure of any Lender to make any Credit Extension Loan on the date of any Borrowing Date shall not relieve any other Lender of any obligation its obligation, if any, hereunder to make a Credit Extension Loan on the date of such Borrowing Datepursuant to the provisions contained herein, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension Loan to be made by such other Lender on the date of any Borrowing Borrowing.

Payments by the Lenders. (a) Not later than 12:00 noon (New York City time) on the date of each proposed Committed Borrowing, each Lender shall make available to the Agent to such account as the Agent shall specify from time to time in immediately available funds for the account of the Company, the amount of such Lender's Commitment Percentage of such Borrowing. (b) Unless the Administrative Agent receives shall have received notice from a Lender, (i) Lender at least one Business Day prior to the date of a any proposed Committed Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company, the amount of such Lender’s Total Pro Rata Share 's Commitment Percentage of such Credit ExtensionBorrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date date of such Borrowing, and the Administrative Agent may (but shall not be so required)may, in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its such full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date Agent, and the Administrative Agent in such circumstances has made makes available to the applicable Borrower Company such amount, such Lender shall on shall, within two Business Days following the Business Day following date of such Borrowing Date Borrowing, make such amount available to the Administrative Agent, together with interest thereon for each day from and including the date of such Borrowing, at (in the case of amounts in U.S. Dollars) a rate per annum equal to the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s 's Committed Loan on the date of such Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent within two Business Days following the date of such Borrowing, the Agent shall notify the Company of such failure to fund, and, on the third Business Day following the Borrowing Datedate of such Borrowing, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower Company shall pay such amount to the Administrative Agent for the Administrative Agent’s accountsuch amount, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. Nothing contained in this Section 4.04(b) shall relieve any Lender which has failed to make available its Commitment Percentage of any Committed Borrowing hereunder from its obligation to do so in accordance with the terms hereof. (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) The failure of any Lender to make any Credit Extension Committed Loan on the date of any Committed Borrowing Date shall not relieve any other Lender of any obligation its obligation, if any, hereunder to make a Credit Extension Committed Loan on the date of such Borrowing Datepursuant to the provisions contained herein, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension Loan to be made by such other Lender on the date of any Borrowing Committed Borrowing. (d) If the Company accepts one or more of the offers made by any Lender or Lenders pursuant to Section 2.04(c)(ii), each such Lender which is to make a Bid Loan as part of any Bid

Payments by the Lenders. (a) Not later than 3:00 p.m. (New York City time) in the case of the Borrowing, each Lender shall make available to the Agent for the account of the Company at the Agent's Payment Office on the date of borrowing requested by the Company and in immediately available funds, the amount of such Lender's Commitment Percentage of the Borrowing. (b) Unless the Administrative Agent receives shall have received notice from a Lender, (i) Lender at least one Business Day prior to the date of a the Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company, the amount of such Lender’s Total Pro Rata Share 's Commitment Percentage of such Credit Extensionthe Borrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date date of the Borrowing, and the Administrative Agent may (but shall not be so required)may, in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its such full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date Agent, and the Administrative Agent in such circumstances has made makes available to the applicable Borrower Company such amount, such Lender shall on shall, within two Business Days following the Business Day following such Borrowing Date date of the Borrowing, make such amount available to the Administrative Agent, together with interest thereon for each day from and including the date of the Borrowing, at (in the case of amounts in U.S. Dollars) a rate per annum equal to the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s 's Loan on the date of the Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent within two Business Days following the date of the Borrowing, the Agent shall notify the Company of such failure to fund, and, on the third Business Day following the Borrowing Datedate of the Borrowing, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower Company shall pay such amount to the Administrative Agent for the Administrative Agent’s accountsuch amount, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. Nothing contained in this Section 3.03(b) shall --------------- relieve any Lender which has failed to make available its Commitment Percentage of the Borrowing hereunder from its obligation to do so in accordance with the terms hereof. (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) The failure of any Lender to make any Credit Extension Loan on any the date of the Borrowing Date shall not relieve any other Lender of any obligation its obligation, if any, hereunder to make a Credit Extension Loan on such the date of the Borrowing Datepursuant to the provisions contained herein, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension Loan to be made by such other Lender on any Borrowing the date of the Borrowing.

Payments by the Lenders. (a) Not later than (i) 3:00 p.m. (New York City time) in the case of a Borrowing of Loans (other than Term Loans) in Dollars and (ii) 11:00 a.m. (London time) in the case of a Borrowing of Offshore Currency Loans (other than Term Loans) on the date of each proposed Committed Borrowing, each Lender shall make available to the Agent for the account of the Company at the Agent’s Payment Office on the date of borrowing requested by the Company and in Same Day Funds and in the Applicable Currency, the amount of such Lender’s Commitment Percentage of such Committed Borrowing. (b) Unless the Administrative Agent receives shall have received notice from a Lender, (i) Lender at least one Business Day prior to the date of a any proposed Committed Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company, the amount of such Lender’s Total Pro Rata Share Commitment Percentage of such Credit ExtensionCommitted Borrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date date of such Committed Borrowing, and the Administrative Agent may (but shall not be so required)may, in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its such full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date Agent, and the Administrative Agent in such circumstances has made makes available to the applicable Borrower Company such amount, such Lender shall on shall, within two Business Days following the Business Day following date of such Borrowing Date Committed Borrowing, make such amount available to the Administrative Agent, together with interest thereon for each day from and including the date of such Committed Borrowing, at (in the case of amounts in U.S. Dollars) a rate per annum equal to the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s Committed Loan on the date of such Committed Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent within two Business Days following the date of such Committed Borrowing, the Agent shall notify the Company of such failure to fund, and, on the third Business Day following the Borrowing Datedate of such Committed Borrowing, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower Company shall pay such amount to the Administrative Agent for the Administrative Agent’s accountsuch amount, together with interest thereon for each day elapsed since the Borrowing Datedate of such Committed Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Committed Borrowing. Nothing contained in this Section 4.04(b) shall relieve any Lender which has failed to make available its Commitment Percentage of any Committed Borrowing hereunder from its obligation to do so in accordance with the terms hereof. (c) A notice The obligations of the Administrative Agent submitted Lenders hereunder to any Lender with respect make Committed Loans and to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) fund participations in Letters of Credit are several and not joint. The failure of any Lender to make any Credit Extension Committed Loan or to fund any such participation on any Borrowing Date date required hereunder shall not relieve any other Lender of any obligation hereunder to make a Credit Extension on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension to be made by such other Lender on any Borrowing .its

Payments by the Lenders. (a) Not later than 12:00 noon (New York City time) on the date of each proposed Committed Borrowing, each Lender shall make available to the Agent to such account as the Agent shall specify from time to time in immediately available funds for the account of the Company, the amount of such Lender's Commitment Percentage of such Borrowing. (b) Unless the Administrative Agent receives shall have received notice from a Lender, (i) Lender at least one Business Day prior to the date of a any proposed Committed Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company, the amount of such Lender’s Total Pro Rata Share 's Commitment Percentage of such Credit ExtensionBorrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date date of such Borrowing, and the Administrative Agent may (but shall not be so required)may, in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its such full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date Agent, and the Administrative Agent in such circumstances has made makes available to the applicable Borrower Company such amount, such Lender shall on shall, within two Business Days following the Business Day following date of such Borrowing Date Borrowing, make such amount available to the Administrative Agent, together with interest thereon for each day from and including the date of such Borrowing, at (in the case of amounts in U.S. Dollars) a rate per annum equal to the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s 's Committed Loan on the date of such Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent within two Business Days following the date of such Borrowing, the Agent shall notify the Company of such failure to fund, and, on the third Business Day following the Borrowing Datedate of such Borrowing, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower Company shall pay such amount to the Administrative Agent for the Administrative Agent’s accountsuch amount, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. Nothing contained in this Section 3.04(b) shall relieve any Lender which has --------------- failed to make available its pro rata share of any Committed Borrowing hereunder from its obligation to do so in accordance with the terms hereof. (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) The failure of any Lender to make any Credit Extension Committed Loan on the date of any Committed Borrowing Date shall not relieve any other Lender of any obligation its obligation, if any, hereunder to make a Credit Extension Committed Loan on the date of such Borrowing Datepursuant to the provisions contained herein, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension Loan to be made by such other Lender on the date of any Committed Borrowing. (d) If the Company accepts one or more of the offers made by any Lender or Lenders pursuant to Section 2.04(c)(ii), each such Lender which is to make a Bid ------------------- Loan as part of any Bid Borrowing shall before 12:00 noon (New York City time) on the date of such proposed Bid Borrowing (or before 2:00 p.m. (New York City time) on the date of such Bid Borrowing in the case of a Fixed Rate Bid Loan) make available to the Company at such Lender's Lending Office such Lender's portion of such Bid Borrowing in immediately available funds. The Company will promptly notify the Agent of the total amount of Bid Loans made in connection with such Bid Borrowing, each date on which all or any part of such Bid Loans shall mature and the principal amount which shall mature on each such date, and the Agent will, in turn, promptly notify each Lender of the amount of such Bid Borrowing and the relevant maturity date or dates of the Bid Loans comprised in such Bid Borrowing.

Payments by the Lenders. (a) Not later than 3:00 p.m. (New York City time) in the case of the Borrowing, each Lender shall make available to the Administrative Agent for the account of the Company at the Administrative Agent’s Office on the date of borrowing requested by the Company and in Table of Contents immediately available funds, the amount of such Lender’s Commitment Percentage of the Borrowing. (b) Unless the Administrative Agent receives shall have received notice from a Lender, (i) Lender at least one Business Day prior to the date of a the Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company, the amount of such Lender’s Total Pro Rata Share Commitment Percentage of such Credit Extensionthe Borrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date date of the Borrowing, and the Administrative Agent may (but shall not be so required), in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its such full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date Agent, and the Administrative Agent in such circumstances has made makes available to the applicable Borrower Company such amount, such Lender shall on shall, within two Business Days following the Business Day following such Borrowing Date date of the Borrowing, make such amount available to the Administrative Agent, together with interest thereon for each day from and including the date of the Borrowing, at (in the case of amounts in U.S. Dollars) a rate per annum equal to the Federal Funds Rate or (from time to time in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rateeffect. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s Loan on the date of the Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent within two Business Days following the date of the Borrowing, the Administrative Agent shall notify the Company of such failure to fund, and, on the third Business Day following the Borrowing Datedate of the Borrowing, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower Company shall pay such amount to the Administrative Agent for the Administrative Agent’s accountsuch amount, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. Nothing contained in this Section 3.03(b) shall relieve any Lender which has failed to make available its Commitment Percentage of the Borrowing hereunder from its obligation to do so in accordance with the terms hereof. (c) A notice The obligations of the Administrative Agent submitted Lenders hereunder to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) make Loans are several and not joint. The failure of any Lender to make any Credit Extension Loan on any the date of the Borrowing Date shall not relieve any other Lender of any obligation its obligation, if any, hereunder to make a Credit Extension Loan on such the date of the Borrowing Datepursuant to the provisions contained herein, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension Loan to be made by such other Lender on any Borrowing the date of the Borrowing.

Payments by the Lenders. (a) Not later than 12:00 noon (New York City time) on the date of each proposed Committed Borrowing, each Lender shall make available to the Agent to such account as the Agent shall specify from time to time in immediately available funds for the account of the Company, the amount of such Lender's Commitment Percentage of such Borrowing. (b) Unless the Administrative Agent receives shall have received notice from a Lender, (i) Lender at least one Business Day prior to the date of a any proposed Committed Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company, the amount of such Lender’s Total Pro Rata Share 's Commitment Percentage of such Credit ExtensionBorrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date date of such Borrowing, and the Administrative Agent may (but shall not be so required)may, in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its such full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date Agent, and the Administrative Agent in such circumstances has made makes available to the applicable Borrower Company such amount, such Lender shall on shall, within two Business Days following the Business Day following date of such Borrowing Date Borrowing, make such amount available to the Administrative Agent, together with interest thereon for each day from and including the date of such Borrowing, at (in the case of amounts in U.S. Dollars) a rate per annum equal to the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s 's Committed Loan on the date of such Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent within two Business Days following the date of such Borrowing, the Agent shall notify the Company of such failure to fund, and, on the third Business Day following the Borrowing Datedate of such Borrowing, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower Company shall pay such amount to the Administrative Agent for the Administrative Agent’s accountsuch amount, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. Nothing contained in this Section 4.04(b) shall relieve any Lender which has failed to make available its Commitment Percentage of any Committed Borrowing hereunder from its obligation to do so in accordance with the terms hereof. (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) The failure of any Lender to make any Credit Extension Committed Loan on the date of any Committed Borrowing Date shall not relieve any other Lender of any obligation its obligation, if any, hereunder to make a Credit Extension Committed Loan on the date of such Borrowing Datepursuant to the provisions contained herein, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension Loan to be made by such other Lender on the date of any Committed Borrowing. (d) If the Company accepts one or more of the offers made by any Lender or Lenders pursuant to Section 2.04(c)(ii), each such Lender which is to make a Bid Loan as part of any Bid Borrowing shall before 12:00 noon (New York City time) on the date of such proposed Bid Borrowing (or before 2:00 p.m. (New York City time) on the date of such Bid Borrowing in the case of a Fixed Rate Bid Loan) make available to the Company at such Lender's Lending Office such Lender's portion of such Bid Borrowing in immediately available funds. The Company will promptly notify the Agent of the total amount of Bid Loans made in connection with such Bid Borrowing, each date on which all or any part of such Bid Loans shall mature and the principal amount which shall mature on each such date, and the Agent will, in turn, promptly notify each Lender of the amount of such Bid Borrowing and the relevant maturity date or dates of the Bid Loans comprised in such Bid Borrowing.

Payments by the Lenders. (a) Unless the Administrative applicable Agent receives notice from a Lender, (i) at least one Business Day prior to the date of a Borrowing of Eurodollar LoansLoans or a Canadian BA Credit Extension, (ii) by 1:00 p.m. 12:00 noon (Charlotte Chicago time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. 12:00 noon (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative such Agent for the account of the applicable Borrower the amount of such Lender’s Total U.S. Pro Rata Share or Canadian Pro Rata Share, as applicable, of such Credit Extension, the Administrative such Agent may assume that such Lender has made such amount available to the Administrative such Agent in immediately available funds on the Borrowing Date or Canadian BA Credit Extension Date, as applicable, and the Administrative such Agent may (but shall not be so required), in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount. (b) If and to the extent any Lender shall not have made its full amount of any Loan available to the Administrative applicable Agent in immediately available funds on a Borrowing Date and the Administrative such Agent in such circumstances has made available to the applicable Borrower such amount, such Lender shall on the Business Day following such Borrowing Date make such amount available to the Administrative such Agent, together with interest at (in the case of amounts in U.S. Dollars) the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative such Agent shall constitute such Lender’s Loan on the Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative such Agent on the Business Day following the Borrowing Date, the Administrative such Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative such Agent, such Borrower shall pay such amount to the Administrative such Agent for the Administrative such Agent’s account, together with interest thereon for each day elapsed since the Borrowing Date, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. (c) If and to the extent that any Canadian Lender shall not have made the full amount required pursuant to subsection 2.7.2(f) available to the Canadian Agent in immediately available funds on the applicable Canadian BA Credit Extension Date, and the Canadian Agent in such circumstance has made available to the Canadian Borrower such amount pursuant to subsection (a) above, the Canadian Agent shall be entitled to recover from the Canadian Borrower, on demand, the corresponding amount made available by the Canadian Agent to the Canadian Borrower as aforesaid, together with interest thereon at the rate applicable hereunder to Canadian Loans. If, after the applicable Canadian BA Credit Extension Date but prior to such time as the Canadian Agent has demanded repayment from the Canadian Borrower as permitted by the preceding sentence, the funds required to be made available by the applicable Canadian Lender are in fact received by the Canadian Agent, the Canadian Agent shall be entitled to retain such funds for its own account and the corresponding amount made available by the Canadian Agent to the Canadian Borrower on such Canadian BA Credit Extension Date shall, notwithstanding the preceding sentence, be deemed to have been the proceeds of a Canadian Bankers’ Acceptance or a Canadian BA Equivalent Note, as the case may be, made available by such Canadian Lender to the Canadian Borrower on such Canadian BA Credit Extension Date and such Canadian Lender shall pay to the Canadian Agent on demand interest at the Canadian Cost of Funds Rate for the period from such Canadian BA Credit Extension Date to the date on which such funds are received by the Canadian Agent. (d) A notice of the Administrative an Agent submitted to any Lender with respect to amounts owing under subsection (b) or (c) above shall be conclusive absent manifest error. (de) The failure of any Lender to make any Credit Extension on any Borrowing Date or Canadian BA Credit Extension Date shall not relieve any other Lender of any obligation hereunder to make a Credit Extension on such Borrowing Date or Canadian BA Credit Extension Date, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension to be made by such other Lender on any Borrowing Date or Canadian BA Credit Extension Date.

Payments by the Lenders. (a) Not later than 3:00 p.m. (New York City time) in the case of the Borrowing, each Lender shall make available to the Agent for the account of the Company at the Agent's Payment Office on the date of borrowing requested by the Company and in immediately available funds, the amount of such Lender's Commitment Percentage of the Borrowing. (b) Unless the Administrative Agent receives shall have received notice from a Lender, (i) Lender at least one Business Day prior to the date of a the Borrowing of Eurodollar Loans, (ii) by 1:00 p.m. (Charlotte time) on the day of any Borrowing of Base Rate Loans or (iii) by 10:00 a.m. (Toronto time) on the day of any Borrowing of Canadian Loans, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the applicable Borrower Company, the amount of such Lender’s Total Pro Rata Share 's Commitment Percentage of such Credit Extensionthe Borrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent in immediately available funds on the Borrowing Date date of the Borrowing, and the Administrative Agent may (but shall not be so required)may, in reliance upon such assumption, make available to the applicable Borrower Company on such date a corresponding amount. (b) . If and to the extent any Lender shall not have made its such full amount of any Loan available to the Administrative Agent in immediately available funds on a Borrowing Date Agent, and the Administrative Agent in such circumstances has made makes available to the applicable Borrower Company such amount, such Lender shall on shall, within two Business Days following the Business Day following such Borrowing Date date of the Borrowing, make such amount available to the Administrative Agent, together with interest thereon for each day from and including the date of the Borrowing, at (in the case of amounts in U.S. Dollars) a rate per annum equal to the Federal Funds Rate or (in the case of amounts in Canadian Dollars) the Canadian Cost of Funds Rate. If such amount is so made available, such payment to the Administrative Agent shall constitute such Lender’s 's Loan on the date of the Borrowing Date for all purposes of this Agreement. If such amount is not made available to the Administrative Agent within two Business Days following the date of the Borrowing, the Agent shall notify the Company of such failure to fund, and, on the third Business Day following the Borrowing Datedate of the Borrowing, the Administrative Agent will notify the applicable Borrower of such failure to fund and, upon demand by the Administrative Agent, such Borrower Company shall pay such amount to the Administrative Agent for the Administrative Agent’s accountsuch amount, together with interest thereon for each day elapsed since the Borrowing Datedate of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. (c) A notice of the Administrative Agent submitted to any Lender with respect to amounts owing under subsection (b) above shall be conclusive absent manifest error. (d) The failure of any Lender to make any Credit Extension on any Borrowing Date shall not relieve any other Lender of any obligation hereunder to make a Credit Extension on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Credit Extension to be made by such other Lender on any Borrowing .. Nothing contained in this Section ------- 3.03