Common use of Payments Not at End of Interest Period Clause in Contracts

Payments Not at End of Interest Period. Borrower may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to Lender (which notice shall be irrevocable), and any such prepayment shall occur only on the last day of the Interest Period for such LIBOR Rate Loan. Borrower shall pay to Lender, upon request of Lender, a "yield maintenance fee" (as described below) to compensate it for any loss, cost, or expense incurred as a result of: (i) any payment of a LIBOR Rate Loan on a date other than the last day of the Interest Period for such LIBOR Rate Loan; (ii) any failure by Borrower to borrow a LIBOR Rate Loan on the date specified by Borrower's written notice; (iii) any failure by Borrower to pay a LIBOR Rate Loan on the date for payment specified in Borrower's written notice. Such "yield maintenance fee" shall be computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the term chosen pursuant to the Fixed Rate Election (as defined below) as to which the prepayment is made, shall be subtracted from the LIBOR in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to Lender upon the payment of a LIBOR Rate Loan. Each reference in this paragraph to "Fixed Rate Election" shall mean the election by Borrower of the LIBOR Rate. If by reason of an Event of Default, Lender elects to declare the Notes to be immediately due and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan shall become due and payable in the same manner as though Borrower had exercised such right of prepayment.

Payments Not at End of Interest Period. Borrower may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to Lender (which notice shall be irrevocable), and any such prepayment shall occur only on If the last day of the Interest Period for such LIBOR Rate Loan. Borrower shall pay to Lender, upon request of Lender, a "yield maintenance fee" (as described below) to compensate it Borrowers for any loss, cost, or expense incurred as a result of: (i) reason make any payment of a principal with respect to any LIBOR Rate Loan on a date any day other than the last day of the Interest Period for applicable to such LIBOR Rate Loan; (ii) any failure , including without limitation by Borrower reason of acceleration, or fail to borrow a LIBOR Rate Loan on the date specified by Borrower's written notice; (iii) any failure by Borrower to pay after electing a LIBOR Rate Loan on Pricing Option with respect thereto pursuant to Section 2.6, the date for payment specified in Borrower's written notice. Such "yield maintenance fee" Borrowers shall be computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest pay to the term chosen pursuant Agent, jointly and severally, for the ratable account of the Lenders, any amounts required to compensate the Fixed Rate Election (Lenders for any additional losses, costs or expenses which they may reasonably incur as defined below) as a result of such payment or failure to which borrow, including without limitation, any loss, including lost profits, costs or expenses incurred by reason of the prepayment is madeliquidation, shall be subtracted from the LIBOR in effect at the time reutilization or reemployment of prepayment. If the result is zero deposits or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied other funds acquired by the amount of the principal balance being prepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant Lenders to the Fixed Rate Election as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to Lender upon the payment of a fund or maintain such LIBOR Rate Loan. Each reference in this paragraph Such compensation may include, without limitation, an amount equal to "Fixed Rate Election" shall mean (a) the election by Borrower amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the LIBOR Rate. If by reason of an Event of Default, Lender elects to declare the Notes to be immediately due and payable, then any yield maintenance fee with respect to a current Interest Period for such LIBOR Rate Loan shall become due and payable (or, in the same manner case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan provided for herein MINUS (b) the amount of interest (as though Borrower had exercised reasonably determined by the Agent), which would accrue and become payable to the Lenders during such right period on the principal repaid or not borrowed if the Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrowers, jointly and severally, shall pay such amount upon presentation by the Agent of prepaymenta statement setting forth the amount and the Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest error.

Payments Not at End of Interest Period. Borrower Company may prepay principal on any portion of a Revolving Credit Loan which bears interest determined in relation to LIBOR Rate at any time and in the minimum amount of One Hundred Thousand and No/100 Dollars ($100,000.00), or in integral multiple thereof; provided, however, that if the outstanding principal balance of such portion of said Revolving Credit Loan only upon at least three (3) Business Days prior written notice to Lender (which notice is less than said amount, the minimum prepayment amount shall be irrevocable)the entire outstanding principal balance thereof. In consideration of Banks providing this prepayment option to Company, and or if any such prepayment portion of said Revolving Credit Loan shall occur only on become due and payable at any time prior to the last day of the Interest Period for such LIBOR Rate Loan. Borrower applicable thereto, Company shall pay to LenderBanks immediately upon demand a fee (the "Consequential Loss") which is the sum of the discounted monthly differences for each month from the month of prepayment through the month in which such Interest Period matures, upon request calculated as follows for each such month; (a) Determine the amount of Lender, a "yield maintenance fee" (as described below) interest which would have accrued each month on the amount prepaid at the interest rate applicable to compensate such amount had it for any loss, cost, or expense incurred as a result of: (i) any payment of a LIBOR Rate Loan on a date other than remained outstanding until the last day of the Interest Period applicable thereto. (b) Subtract from the amount determined in (a) above the amount of interest which would have accrued for the same month on the amount prepaid for the remaining term of such Interest Period at LIBOR Rate Loan; (ii) any failure by Borrower to borrow a LIBOR Rate Loan in effect on the date specified by Borrower's written notice; (iii) any failure by Borrower to pay of prepayment for new Advances made for such term and in a LIBOR Rate Loan on the date for payment specified in Borrower's written notice. Such "yield maintenance fee" shall be computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest principal amount equal to the term chosen pursuant to the Fixed Rate Election amount prepaid. (as defined belowc) as to which the prepayment is made, shall be subtracted from the LIBOR in effect at the time of prepayment. If the result obtained in (b) for any month is zero or greater than zero, discount that difference by LIBOR used in (b) above. Company acknowledges that prepayment of such amount may result in Banks incurring additional costs, expenses and/or liabilities, and that it is difficult to ascertain the full extent of such costs, expenses and/or liabilities. Company, therefore, agrees to pay the above-described Consequential Loss and agrees that said amount represents a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount reasonable estimate of the principal balance being prepaid. The resulting amount shall be divided by 360 and multiplied by the number prepayment costs, expenses and/or liabilities of days remaining in the term chosen pursuant to the Fixed Rate Election as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to Lender upon the payment of a LIBOR Rate Loan. Each reference in this paragraph to "Fixed Rate Election" shall mean the election by Borrower of the LIBOR Rate. If by reason of an Event of Default, Lender elects to declare the Notes to be immediately due and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan shall become due and payable in the same manner as though Borrower had exercised such right of prepaymentBanks.

Payments Not at End of Interest Period. If Borrower may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to Lender (which notice shall be irrevocable), and any such prepayment shall occur only on the last day of the Interest Period for such LIBOR Rate Loan. Borrower shall pay to Lender, upon request of Lender, a "yield maintenance fee" (as described below) to compensate it for any loss, cost, or expense incurred as a result of: (i) reason makes any payment of a LIBOR principal with respect to any Libor Loan or Matched Rate Loan on a date any day other than the last day of the an Interest Period for applicable to such LIBOR Libor Loan or Matched Rate Loan; Loan or fails to borrow or continue or convert to a Libor Loan or a Matched Rate Loan after giving a Notice pursuant to Section 2.4.3. hereof, or if any Libor Loan or Matched Rate Loan is accelerated pursuant to Section 12.1. hereof, Borrower shall pay to Bank (i) all Breakage Costs in the case of a Libor Loan and (ii) any failure by Borrower in the case of a Matched Rate Loan, an amount computed pursuant to borrow a LIBOR Rate Loan on the following formula: The latest published rate preceding the date specified by Borrower's written notice; (iii) any failure by Borrower to pay a LIBOR Rate Loan on the date for payment specified in Borrower's written notice. Such "yield maintenance fee" shall be computed as follows: The current rate of prepayment for United States Treasury securities Notes or Bills (bills Bills on a discounted basis shall be converted to a bond equivalent) as published weekly in the Federal Reserve Statistical Release with a maturity date closest to the term chosen pursuant to last date of the Fixed Rate Election (as defined below) then applicable Interest Period as to which the prepayment is made, made shall be subtracted from the LIBOR interest rate in effect at the time of prepaymentprepayment with respect to the indebtedness being paid. If the result is zero or a negative number, there shall be no yield maintenance feeprepayment premium. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaid. The resulting amount shall will be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which the prepayment is madethen applicable Interest Period. Said amount shall be reduced to present value calculated by using the above above-referenced United States Treasury securities Note or Xxxx rate and as of the number date of days remaining in prepayment as the term chosen pursuant to the Fixed Rate Election as to which prepayment is madediscount rate. The resulting amount shall be the yield maintenance fee prepayment premium due to Lender the Bank upon the payment prepayment. Borrower shall pay such amount upon presentation by Bank of a LIBOR Rate Loan. Each reference in this paragraph to "Fixed Rate Election" statement setting forth the amount and the Bank's calculation thereof pursuant hereto, which statement shall mean the election by Borrower of the LIBOR Rate. If by reason of an Event of Default, Lender elects to declare the Notes to be immediately due deemed true and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan shall become due and payable in the same manner as though Borrower had exercised such right of prepaymentcorrect absent manifest error.

Payments Not at End of Interest Period. If Borrower may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to Lender (which notice shall be irrevocable), and any such prepayment shall occur only on the last day of the Interest Period for such LIBOR Rate Loan. Borrower shall pay to Lender, upon request of Lender, a "yield maintenance fee" (as described below) to compensate it -------------------------------------- for any loss, cost, or expense incurred as a result of: (i) reason makes any payment of a LIBOR principal with respect to any Libor Loan or Matched Rate Loan on a date any day other than the last day of the an Interest Period for applicable to such LIBOR Libor Loan or Matched Rate Loan; Loan (including specifically in the event of the making of the mandatory prepayment required by Section 2.3.6. hereof) or fails to borrow or continue or convert to a Libor Loan or a Matched Rate Loan after giving a Notice pursuant to Section 2.4.3. hereof, or if any Libor Loan or Matched Rate Loan is accelerated pursuant to Section 12.1. hereof, Borrower shall pay to Bank (i) all Breakage Costs in the case of a Libor Loan and (ii) any failure by Borrower in the case of a Matched Rate Loan, an amount computed pursuant to borrow a LIBOR Rate Loan on the following formula: The latest published rate preceding the date specified by Borrower's written notice; (iii) any failure by Borrower to pay a LIBOR Rate Loan on the date for payment specified in Borrower's written notice. Such "yield maintenance fee" shall be computed as follows: The current rate of prepayment for United States Treasury securities Notes or Bills (bills Bills on a discounted basis shall be converted to a bond equivalent) as published weekly in the Federal Reserve Statistical Release with a maturity date closest to the term chosen pursuant to last date of the Fixed Rate Election (as defined below) then applicable Interest Period as to which the prepayment is made, made shall be subtracted from the LIBOR interest rate in effect at the time of prepaymentprepayment with respect to the indebtedness being paid. If the result is zero or a negative number, there shall be no yield maintenance feeprepayment premium. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaid. The resulting amount shall will be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which the prepayment is madethen applicable Interest Period. Said amount shall be reduced to present value calculated by using the above above-referenced United States Treasury securities Note or Xxxx rate and as of the number date of days remaining in prepayment as the term chosen pursuant to the Fixed Rate Election as to which prepayment is madediscount rate. The resulting amount shall be the yield maintenance fee prepayment premium due to Lender the Bank upon the payment prepayment. Borrower shall pay such amount upon presentation by Bank of a LIBOR Rate Loan. Each reference in this paragraph to "Fixed Rate Election" statement setting forth the amount and the Bank's calculation thereof pursuant hereto, which statement shall mean the election by Borrower of the LIBOR Rate. If by reason of an Event of Default, Lender elects to declare the Notes to be immediately due deemed true and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan shall become due and payable in the same manner as though Borrower had exercised such right of prepaymentcorrect absent manifest error.

Payments Not at End of Interest Period. If the Borrower may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to Lender (which notice shall be irrevocable), and any such prepayment shall occur only on the last day of the Interest Period for such LIBOR Rate Loan. Borrower shall pay to Lender, upon request of Lender, a "yield maintenance fee" (as described below) to compensate it for any loss, cost, or expense incurred as a result of: (i) reason makes any payment of a principal with respect to any LIBOR Rate Loan on a date any day other than the last day of the Interest Period for applicable to such LIBOR Rate Loan; (ii) any failure , including without limitation by Borrower reason of acceleration, or fails to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.4, the Borrower shall pay to the Agent, for the ratable account of the Lenders, any amounts required to compensate the Lenders for any reasonable losses, costs or expenses which they may reasonably incur as a result of such payment or failure to borrow, including without limitation, any loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other funds acquired by the Lenders to fund or maintain such Advances, provided, however, that the Lenders shall not be entitled to compensation for lost profits in connection with any such payment or failure to borrow resulting from the occurrence of any event described in Section 2.11 hereof. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such Advance (or, in the case of a failure to borrow, to the last day of the Interest Period for the Advance which would have commenced on the date specified by Borrower's written notice; (iii) any of such failure by Borrower to pay a LIBOR Rate Loan on the date for payment specified in Borrower's written notice. Such "yield maintenance fee" shall be computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the term chosen pursuant to the Fixed Rate Election (as defined below) as to which the prepayment is madeborrow), shall be subtracted from the LIBOR in effect at the time applicable rate of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by interest for such Advance provided for herein minus (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal balance being prepaidrepaid or not borrowed if the Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The resulting Borrower shall pay such amount upon presentation by the Agent of a statement setting forth the amount and the Agent's calculation thereof pursuant hereto, which statement shall be divided by 360 deemed true and multiplied by the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to Lender upon the payment of a LIBOR Rate Loan. Each reference in this paragraph to "Fixed Rate Election" shall mean the election by Borrower of the LIBOR Rate. If by reason of an Event of Default, Lender elects to declare the Notes to be immediately due and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan shall become due and payable in the same manner as though Borrower had exercised such right of prepaymentcorrect absent manifest error.

Payments Not at End of Interest Period. Borrower The Borrowers may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to Lender the Agent (which notice shall be irrevocable), and any such prepayment shall occur only on the last day of the Interest Period for such LIBOR Rate Loan. Borrower The Borrowers shall pay to LenderAgent, for the account of the Lenders, upon request of Lenderthe Agent, a "the yield maintenance fee" (as fee described below) , to compensate it for any loss, cost, or expense incurred as a result of: (i) any payment of a LIBOR Rate Loan on a date other than the last day of the Interest Period for such LIBOR Rate Loan; (ii) any failure by Borrower the Borrowers to borrow a LIBOR Rate Loan on the date specified by Borrower's written noticethe Borrowers; and (iii) any failure by Borrower the Borrowers to pay a LIBOR Rate Loan on the date for payment specified in Borrower's written noticeby the Borrowers. Such "The “yield maintenance fee" shall be ” is an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the term chosen pursuant to the Fixed of such LIBOR Rate Election (as defined below) Loan as to which the prepayment is made, shall be subtracted from the LIBOR Rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaidrepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the Fixed for such LIBOR Rate Election Loan as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the term chosen pursuant to the Fixed for such LIBOR Rate Election Loan as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to Lender the Agent, for the account of the Lenders, upon the payment prepayment of a LIBOR Rate Loan. Each reference in this paragraph to "Fixed Rate Election" Loan and the Agent shall mean request such yield maintenance fee from the election by Borrower upon the request of the LIBOR Rateany Lender. If by reason of an Event of Default, any of the Lender elects to declare the Notes Obligations are declared to be immediately due and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan shall become due and payable in the same manner as though Borrower the Borrowers had exercised such right of prepayment. If the Borrowers for any reason make any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of the Interest Period applicable to such LIBOR Rate Loan, including without limitation by reason of acceleration, or fails to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.2(a) or 2.4, the Borrowers shall pay to the Agent, for the ratable account of the Lenders, any amounts required to compensate the Lenders for any additional documented losses, costs or expenses which they may reasonably incur as a result of such payment or failure to borrow, including without limitation, any loss (including lost profits), costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other funds acquired by the Lenders to fund or maintain such Revolving Credit Advances. Notwithstanding the foregoing, such compensation shall not exceed an amount equal to (a) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such Revolving Credit Advance (or, in the case of a failure to borrow, to the last day of the Interest Period for the Revolving Credit Advance which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such Revolving Credit Advance provided for herein minus (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrowers shall pay such amount upon presentation by the Agent of a statement setting forth in reasonable detail the amount and the Agent’s calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest or mathematical error.

Payments Not at End of Interest Period. Borrower may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to Lender (which notice shall be irrevocable)The Borrowers, jointly and any such prepayment shall occur only on the last day of the Interest Period for such LIBOR Rate Loan. Borrower severally, shall pay to LenderAdministrative Agent, for the account of the Lenders, upon request of Lenderthe Administrative Agent, a "yield maintenance fee" such amount or amounts as shall be sufficient (as described belowin the reasonable opinion of the Administrative Agent) to compensate it for any loss, cost, or expense incurred as a result of: (i) any payment of a LIBOR Rate Loan on a date other than the last day of the Interest Period for such LIBOR Rate Loan; (ii) any failure by Borrower the Borrowers, jointly and severally, to borrow a LIBOR Rate Loan on the date specified by Borrower's the Borrowers' written notice; and (iii) any failure by Borrower the Borrowers to pay a LIBOR Rate Loan on the date for payment specified in Borrower's the Borrowers' written notice. Such Without limiting the foregoing, the Borrowers, jointly and severally, shall pay to the Administrative Agent, for the account of the Lenders, a "yield maintenance fee" shall be in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the term chosen pursuant to the Fixed of such LIBOR Rate Election (as defined below) Loan as to which the prepayment is made, shall be subtracted from the LIBOR Rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaidrepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the Fixed for such LIBOR Rate Election Loan as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the term chosen pursuant to the Fixed for such LIBOR Rate Election Loan as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to Lender the Administrative Agent, for the account of the Lenders, upon the payment prepayment of a LIBOR Rate Loan. Each reference in this paragraph to "Fixed Rate Election" shall mean the election by Borrower of the LIBOR Rate. If by reason of an Event of Default, any of the Lender elects to declare the Notes Obligations are declared to be immediately due and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan shall become due and payable in the same manner as though Borrower the Borrowers had exercised such right of prepayment.

Payments Not at End of Interest Period. If Borrower may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to Lender (which notice shall be irrevocable), and any such prepayment shall occur only on the last day of the Interest Period for such LIBOR Rate Loan. Borrower shall pay to Lender, upon request of Lender, a "yield maintenance fee" (as described below) to compensate it for any loss, cost, or expense incurred as a result of: (i) -------------------------------------- reason makes any payment of a LIBOR Rate principal with respect to any Eurodollar Loan on a date any day other than the last day of an Interest Period applicable to such Eurodollar Loan or fails to borrow or continue or convert to a Eurodollar Loan after giving a Notice pursuant to Section 2.1.3. hereof, or if any Eurodollar Loan is accelerated pursuant to Section 12. hereof, Borrower shall pay to the Bank an amount computed pursuant to the following formula: L = (R - T) x P x D ------------------- 360 L = amount payable to Bank R = interest rate on such Loan T = effective interest rate per annum at which any readily marketable bond or other obligation of the United States, selected at Bank's sole discretion, maturing on or near the last day of the then applicable Interest Period of such Loan and in approximately the same amount as such Loan can be purchased by the Bank on the day of such payment of principal or failure to borrow or continue or convert P = the amount of principal prepaid or the amount of the requested Loan D = the number of days remaining in the Interest Period as of the date of such payment or the number of days of the requested Interest Period If Borrower for such LIBOR Rate Loan; (ii) any failure by Borrower reason makes any payment of principal with respect to borrow a LIBOR any Fixed Rate Loan on any day other than the last day of an Interest Period applicable to such Fixed Rate Loan (including specifically in the event of the making of the mandatory prepayment required by Section 2.4.6. hereof) or fails to borrow or continue or convert to a Fixed Rate Loan after giving a Notice pursuant to Section 2.5.3. hereof, or if any Fixed Rate Loan is accelerated pursuant to Section 12.1. hereof, Borrower shall pay to Bank, an amount computed pursuant to the following formula: The latest published rate preceding the date specified by Borrower's written notice; (iii) any failure by Borrower to pay a LIBOR Rate Loan on the date for payment specified in Borrower's written notice. Such "yield maintenance fee" shall be computed as follows: The current rate of prepayment for United States Treasury securities Notes or Bills (bills Bills on a discounted basis shall be converted to a bond equivalent) as published weekly in the Federal Reserve Statistical Release with a maturity date closest to the term chosen pursuant to last date of the Fixed Rate Election (as defined below) then applicable Interest Period as to which the prepayment is made, made shall be subtracted from the LIBOR interest rate in effect at the time of prepaymentprepayment with respect to the indebtedness being paid. If the result is zero or a negative number, there shall be no yield maintenance feeprepayment premium. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaid. The resulting amount shall will be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which the prepayment is madethen applicable Interest Period. Said amount shall be reduced to present value calculated by using the above above-referenced United States Treasury securities Note or Xxxx rate and as of the number date of days remaining in prepayment as the term chosen pursuant to the Fixed Rate Election as to which prepayment is madediscount rate. The resulting amount shall be the yield maintenance fee prepayment premium due to Lender the Bank upon the payment prepayment. Borrower shall pay such amount upon presentation by Bank of a LIBOR Rate Loan. Each reference in this paragraph to "Fixed Rate Election" statement setting forth the amount and the Bank's calculation thereof pursuant hereto, which statement shall mean the election by Borrower of the LIBOR Rate. If by reason of an Event of Default, Lender elects to declare the Notes to be immediately due deemed true and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan shall become due and payable in the same manner as though Borrower had exercised such right of prepaymentcorrect absent manifest error.

Payments Not at End of Interest Period. Borrower The Borrowers may prepay a LIBOR Eurodollar Rate Loan only upon at least three (3) Business Days prior written notice to Lender the Agent (which notice shall be irrevocable), and any such prepayment shall occur only on the last day of the Interest Period for such LIBOR Eurodollar Rate Loan. Borrower The Borrowers, jointly and severally, shall pay to Lenderthe Agent, for the account of the Lenders, upon request of Lenderthe Agent, a "yield maintenance fee" such amount or amounts as shall be sufficient (as described belowin the reasonable opinion of the Agent) to compensate it for any loss, cost, or expense incurred as a result of: (i) any payment of a LIBOR Eurodollar Rate Loan on a date other than the last day of the Interest Period for such LIBOR Eurodollar Rate Loan; (ii) any failure by Borrower the Borrowers to borrow a LIBOR Eurodollar Rate Loan on the date specified by Borrower's the Borrowers' written notice; and (iii) any failure by Borrower the Borrowers to pay a LIBOR Eurodollar Rate Loan on the date for payment specified in Borrower's the Borrowers' written notice. Such Without limiting the foregoing, the Borrowers, jointly and severally, shall pay to the Agent, for the account of the Lenders, a "yield maintenance fee" shall be in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the term chosen pursuant to the Fixed of such Eurodollar Rate Election (as defined below) Loan as to which the prepayment is made, shall be subtracted from the LIBOR Eurodollar Rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaidrepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the Fixed for such Eurodollar Rate Election Loan as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the term chosen pursuant to the Fixed for such Eurodollar Rate Election Loan as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to Lender the Agent, for the account of the Lenders, upon the payment prepayment of a LIBOR Eurodollar Rate Loan. Each reference in this paragraph to "Fixed Rate Election" shall mean the election by Borrower of the LIBOR Rate. If by reason of an Event of Default, any of the Lender elects to declare the Notes Obligations are declared to be immediately due and payable, then any yield maintenance fee with respect to a LIBOR Eurodollar Rate Loan shall become due and payable in the same manner as though Borrower the Borrowers had exercised such right of prepayment.

Payments Not at End of Interest Period. Borrower The Borrowers may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to Lender the Agent (which notice shall be irrevocable), and any such prepayment shall occur only on the last day of the Interest Period for such LIBOR Rate Loan. Borrower The Borrowers shall pay to LenderAgent, for the account of the Lenders, upon request of Lenderthe Agent, a "yield maintenance fee" such amount or amounts as shall be sufficient (as described belowin the reasonable opinion of the Agent) to compensate it for any loss, cost, or expense incurred as a result of: (ia) any payment of a LIBOR Rate Loan on a date other than the last day of the Interest Period for such LIBOR Rate Loan; (iib) any failure by Borrower the Borrowers to borrow a LIBOR Rate Loan on the date specified by Borrower's the Borrowers' written notice; and (iiic) any failure by Borrower the Borrowers to pay a LIBOR Rate Loan on the date for payment specified in Borrower's the Borrowers' written notice. Such Without limiting the foregoing, the Borrowers shall pay to the Agent, for the account of the Lenders, a "yield maintenance fee" shall be in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the term chosen pursuant to the Fixed of such LIBOR Rate Election (as defined below) Loan as to which the prepayment prior to the last day of an Interest Period is made, shall be subtracted from the LIBOR Rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaidrepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the Fixed for such LIBOR Rate Election Loan as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the term chosen pursuant to the Fixed for such LIBOR Rate Election Loan as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to Lender the Agent, for the account of the Lenders, upon the payment prepayment of a LIBOR Rate Loan. Each reference in this paragraph to "Fixed Rate Election" shall mean Loan on a day other than the election by Borrower last day of the LIBOR Rateapplicable Interest Period. If by reason of an Event of Default, any of the Lender elects to declare the Notes Obligations are declared to be immediately due and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan shall become due and payable in the same manner as though Borrower the Borrowers had exercised such right of prepayment.

Payments Not at End of Interest Period. Borrower The Borrowers may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to Lender the Agent (which notice shall be irrevocable), and any such prepayment shall occur only on the last day of the Interest Period for such LIBOR Rate Loan. Borrower The Borrowers shall pay to LenderAgent, for the account of the Lenders, upon request of Lenderthe Agent, a "the yield maintenance fee" (as fee described below) , to compensate it for any loss, cost, or expense incurred as a result of: (i) any payment of a LIBOR Rate Loan on a date other than the last day of the Interest Period for such LIBOR Rate Loan; (ii) any failure by Borrower the Borrowers to borrow a LIBOR Rate Loan on the date specified by Borrower's written noticethe Borrowers; and (iii) any failure by Borrower the Borrowers to pay a LIBOR Rate Loan on the date for payment specified in Borrower's written noticeby the Borrowers. Such The "yield maintenance fee" shall be is an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the term chosen pursuant to the Fixed of such LIBOR Rate Election (as defined below) Loan as to which the prepayment is made, shall be subtracted from the LIBOR Rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaidrepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the Fixed for such LIBOR Rate Election Loan as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the term chosen pursuant to the Fixed for such LIBOR Rate Election Loan as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to Lender the Agent, for the account of the Lenders, upon the payment prepayment of a LIBOR Rate Loan. Each reference in this paragraph to "Fixed Rate Election" Loan and the Agent shall mean request such yield maintenance fee from the election by Borrower upon the request of the LIBOR Rateany Lender. If by reason of an Event of Default, any of the Lender elects to declare the Notes Obligations are declared to be immediately due and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan shall become due and payable in the same manner as though Borrower the Borrowers had exercised such right of prepayment. If the Borrowers for any reason make any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of the Interest Period applicable to such LIBOR Rate Loan, including without limitation by reason of acceleration, or fails to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.2(a) or 2.4, the Borrowers shall pay to the Agent, for the ratable account of the Lenders, any amounts required to compensate the Lenders for any additional losses, costs or expenses which they may reasonably incur as a result of such payment or failure to borrow, including without limitation, any loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other funds acquired by the Lenders to fund or maintain such Revolving Credit Advances. Notwithstanding the foregoing, such compensation shall not exceed an amount equal to (a) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such Revolving Credit Advance (or, in the case of a failure to borrow, to the last day of the Interest Period for the Revolving Credit Advance which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such Revolving Credit Advance provided for herein minus (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrowers shall pay such amount upon presentation by the Agent of a statement setting forth the amount and the Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest or mathematical error.