Fox College Of Enterprise

Community banks serve businesses and consumers throughout the country. Annual Incentive Plan, and every management incentive plan adopted by the board of administrators, board of managers or comparable body of any Borrower and designed to attract and retain management and workers of the Debtors; offered, that such plan is commercially cheap given the market capitalization of the Debtors and their Subsidiaries, taken as a complete.

It is understood that (i) no Lender shall be answerable for any failure by any other Lender to carry out its obligation to make any Revolving Loans hereunder, nor shall any Dedication of any Lender be elevated or decreased as a result of any failure by another Lender to perform its obligation to make any Revolving Loans hereunder, (ii) no failure by any Lender to carry out its obligation to make any Revolving Loans hereunder shall excuse another Lender from its obligation to make any Revolving Loans hereunder, and (iii) the obligations of every Lender hereunder shall be a number of, not joint and several other.

Weighted Average Life to Maturity shall mean, when utilized to any Debt at any date, the number of years obtained by dividing (a) then outstanding principal amount of such Debt into (b) the sum of the full of the product obtained by multiplying (i) the quantity of every scheduled installment, sinking fund, serial maturity or different required fee of principal together with fee at last maturity, in respect thereof, by (ii) the number of years (calculated to the closest one-twelfth) that may elapse between such date and the making of such fee.

(b) SUBJECT TO PARAGRAPH 12.9, BORROWERS CONFORM TO INDEMNIFY AND HOLD HARMLESS AGENT AND EACH LENDER FOR THE TOTAL AMOUNT OF INDEMNIFIED TAXES (TOGETHER WITH ANY INDEMNIFIED TAXES IMPOSED BY ANY JURISDICTION ON AMOUNTS PAYABLE BENEATH THIS PARAGRAPH) PAID BY AGENT OR ANY LENDER AND ANY LIABILITY (TOGETHER WITH PENALTIES, CURIOSITY, ADDITIONS TO TAX AND EXPENSES) ARISING THEREFROM OR WITH RESPECT THERETO, WHETHER OR NOT SUCH INDEMNIFIED TAXES HAD BEEN APPROPRIATELY OR LEGALLY ASSERTED.

Until a Defaulting Lender cures its failure to fund its Pro Rata Share of any Borrowing (A) such Defaulting Lender shall not be entitled to any portion of the Unused Line Fee or the Letter of Credit score Charge, and (B) the Unused Line Charge and Letter of Credit Price shall accrue in favor of the Lenders which have funded their respective Professional Rata Shares of such requested Borrowing and shall be allocated among such performing Lenders ratably primarily based upon their relative Commitments.