Coach 2006 Annual Report Download - page 87

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2.9.2 Failure to Make Funds Available. The Administrative Agent may, unless notified to the contrary by any Settling Lender
prior to a Settlement Date, assume that such Settling Lender has made or will make available to the Administrative Agent on such
Settlement Date the amount of such Settling Lender's Settlement Amount, and the Administrative Agent may, in reliance upon such
assumption, make available to the Borrower a corresponding amount. If any Settling Lender makes available to the Administrative Agent
such amount on a date after such Settlement Date, then such Settling Lender shall pay to the Administrative Agent forthwith on demand
such amount in immediately available funds with interest thereon, for each day from and including the Settlement Date 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 Settling Lender with respect to any amounts owing under this Section
2.9.2 shall be prima facie evidence (absent manifest error) of the amount due and owing to the Administrative Agent by such Settling
Lender. If such Settling Lender's Settlement Amount is not made available to the Administrative Agent by such Settling Lender within three
(3) Business Days following such Settlement 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 as of such Settlement Date.
2.9.3 No Effect on Other Lenders. The failure or refusal of any Settling Lender to make available to the Administrative Agent at
the aforesaid time and place on any Settlement Date the amount of such Settling Lender’s Settlement Amount shall not (a) relieve any other
Settling Lender from its several obligations hereunder to make available to the Administrative Agent the amount of such other Settling
Lender’s Settlement Amount or (b) impose upon any Lender, other than the Settling Lender so failing or refusing, any liability with respect
to such failure or refusal or otherwise increase the Commitment of such other Lender.
3. REPAYMENT
OF THE REVOLVING CREDIT LOANS.
3.1 Maturity. The Borrower promises to pay on the Revolving Credit Loan Maturity Date, and there shall become absolutely due and
payable on the Revolving Credit Loan Maturity Date, all of the Revolving Credit Loans outstanding on such date, together with any and all accrued
and unpaid interest thereon. Without limiting the foregoing, the Borrower promises to pay to the Administrative Agent for its own account, and there
shall become absolutely due and payable, the outstanding principal amount of each Swing Line Loan made to the Borrower on the earlier of the
Settlement Date with respect thereto and the Revolving Credit Loan Maturity Date.
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