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Group banks serve companies and customers throughout the nation. Every Lender (aside from Financial institution of America in the case of Non-Ratable Loans, and Agent in the case of Agent Advances) shall make the amount of such Lender’s Pro Rata Share of the excellent principal quantity of the Non-Ratable Loans and Agent Advances with respect to which Settlement is requested accessible to Agent, to such account of Agent as Agent might designate, not later than 3:00 p.m. (New York, New York time), on the Settlement Date relevant thereto, which may happen earlier than or after the incidence or throughout the continuation of a Default or an Occasion of Default and whether or not or not the applicable circumstances precedent set forth in Section Six have then been satisfied.

(i) In the event that Agent shall elect to have the terms of this subparagraph 2.2(g) apply to a requested Borrowing as described in subparagraph 2.2(f), or in the case of any request by a Borrower for a Borrowing of LIBOR Revolving Loans, then promptly after receipt of a Discover of Borrowing or telephonic discover pursuant to subparagraph 2.2(b), Agent shall notify Lenders by telecopy, phone or other related type of transmission, of the requested Borrowing.

Immediately previous Settlement Date have been utilized to Financial institution of America’s Revolving Loans (aside from to Non-Ratable Loans or Agent Advances in which such Lender has not yet funded its buy of a participation pursuant to subparagraph 2.2(j)(ii) above), as supplied for within the earlier sentence, Financial institution of America shall pay to Agent for the accounts of the Lenders, to be applied to the outstanding Revolving Loans of such Lenders, an amount such that each Lender shall, upon receipt of such quantity, have, as of such Settlement Date, its Professional Rata Share of the Revolving Loans.

Financial institution Product Supplier: (a) Bank of America or any of its Affiliates; and (b) some other Lender or Affiliate of a Lender that is providing a Financial institution Product, supplied such supplier delivers written discover to Agent, in type and substance passable to Agent, within 10 days following the later of the Closing Date or creation of the Bank Product, (i) describing the Financial institution Product and setting forth the maximum amount to be secured by the Collateral and the methodology for use in calculating such quantity, and (ii) agreeing to be certain by the Loan Documents, and to indemnify and maintain innocent Agent towards all claims in connection with such supplier’s Bank Product Obligations.

Mortgage Paperwork shall imply this Agreement, the Notes, the Letters of Credit and the purposes therefor, the Guaranties, the Pledges, the Collateral Task, the Price Letters, the Intercreditor Agreement, the Collection Account Agreements, Compliance Certificates, and all different agreements, devices, and paperwork heretofore, now or hereafter evidencing, securing, guaranteeing or in any other case regarding the Obligations, the Collateral, the security curiosity in the Collateral, or any other facet of the transactions contemplated by this Agreement.