Coach 2006 Annual Report Download - page 86

2.8.2 Advances by Administrative Agent. The Administrative Agent may, unless notified to the contrary by any Lender prior
to a Drawdown Date, assume that such Lender has made available to the Administrative Agent on such Drawdown Date the amount of
such Lender's Commitment Percentage of the Revolving Credit Loans to be made on such Drawdown Date, and the Administrative Agent
may, in reliance upon such assumption, make available to the Borrower a corresponding amount. If any Lender makes available to the
Administrative Agent such amount on a date after such Drawdown Date, such Lender shall pay to the Administrative Agent on demand
such amount in immediately available funds with interest thereon, for each day from and including the date such amount is made available
to the Borrower to but excluding the date of payment to the Administrative Agent, at the greater of the Federal Funds Rate and a rate
determined by the Administrative Agent in accordance with banking industry rules on interbank compensation, plus any administrative,
processing or similar fees customarily charged by the Administrative Agent in connection with the foregoing. A statement of the
Administrative Agent submitted to such Lender with respect to any amounts owing under this paragraph shall be prima facie evidence
(absent manifest error) of the amount due and owing to the Administrative Agent by such Lender. If the amount of such Lender’s
Commitment Percentage of such Revolving Credit Loans is not made available to the Administrative Agent by such Lender within three (3)
Business Days following such Drawdown Date, the Administrative Agent shall be entitled to recover such amount from the Borrower on
demand, with interest thereon at the rate per annum applicable to the Revolving Credit Loans made on such Drawdown Date. If the
Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative
Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share
of the applicable borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s Loan included in such
borrowing. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have
failed to make such payment to the Administrative Agent.
2.9 Settlements.
2.9.1 General. On each Settlement Date, the Administrative Agent shall, not later than 1:00 p.m. (New York time), give
telephonic, facsimile or electronic mail notice (a) to the Lenders and the Borrower of the respective outstanding amount of Revolving Credit
Loans made by the Administrative Agent on behalf of the Lenders or in the form of Swing Line Loans from the immediately preceding
Settlement Date through the close of business on the prior day and the amount of any Eurodollar Rate Loans to be made (following the
giving of notice pursuant to Section 2.6.1(b)) on such date pursuant to a Loan Request and (b) to the Lenders of the amount (a “Settlement
Amount”) that each Lender (a “Settling Lender”) shall pay to effect a Settlement of any Revolving Credit Loan. A statement of the
Administrative Agent submitted to the Lenders and the Borrower or to the Lenders with respect to any amounts owing under this Section
2.9 shall be prima facie evidence (absent manifest error) of the amount due and owing. Each Settling Lender shall, not later than 3:00 p.m.
(New York time) on such Settlement Date, effect a wire transfer of immediately available funds to the Administrative Agent in the amount
of the Settlement Amount for such Settling Lender. All funds advanced by any Lender as a Settling Lender pursuant to this Section 2.9
shall for all purposes be treated as a Revolving Credit Loan made by such Settling Lender to the Borrower and all funds received by any
Lender pursuant to this Section 2.9 shall for all purposes be treated as repayment of amounts owed with respect to Revolving Credit Loans
made by such Lender. In the event that any bankruptcy, reorganization, liquidation, receivership or similar cases or proceedings in which
the Borrower is a debtor prevent a Settling Lender from making any Revolving Credit Loan to effect a Settlement as contemplated hereby,
such Settling Lender will make such dispositions and arrangements with the other Lenders with respect to such Revolving Credit Loans,
either by way of purchase of participations, distribution, pro tanto assignment of claims, subrogation or otherwise as shall result in each
Lender's share of the outstanding Revolving Credit Loans being equal, as nearly as may be, to such Lender's Commitment Percentage of the
outstanding amount of the Revolving Credit Loans.
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