Kodak 2011 Annual Report Download - page 205

Revolving Loans deemed due for purposes thereof); (ii) any amounts received in an Agent Sweep Account in Canada shall be applied to the payment
(without a corresponding reduction of Revolving Credit Commitments) of all of the Revolving Loans made to Kodak Canada (whether then due or not) and
to the payment of all of the other Obligations under the Loan Documents of Kodak Canada and the Canadian Subsidiary Guarantors (other than contingent
obligations) (whether then due or not) in accordance with Section 6.04 (with all Revolving Loans deemed due for purposes thereof); and (iii) all payments
to be made in accordance with this subsection (h) in respect of Eurodollar Rate Revolving Loans shall be made on the last day of the applicable Interest
Period therefor, and shall be held in the applicable Agent Sweep Account pending such payment.
(i) The following shall apply to deposits and payments under and pursuant to this Agreement:
(i) funds shall be deemed to have been deposited to an Agent Sweep Account on the Business Day on which deposited,
provided
that such deposit is available to the Agent by 2:00 p.m. on that Business Day (except that if the Obligations are being paid in full, by 2:00
p.m. on that Business Day);
(ii) funds paid to the Agent, other than by deposit to an Agent Sweep Account, shall be deemed to have been received on the
Business Day when they are good and collected funds, provided that such payment is available to the Agent by 2:00 p.m. on that Business Day
(except that if the Obligations are being paid in full, by 2:00 p.m. on that Business Day); and
(iii) if a deposit to an Agent Sweep Account or payment is not available to the Agent until after 2:00 p.m. on a Business Day,
such deposit or payment shall be deemed to have been made at 9:00 a.m. on the then next Business Day.
SECTION 2.19. Defaulting Lenders . (a) In the event that, at any time, (1) any Lender shall be a Defaulting Lender, (2) such
Defaulting Lender shall owe a Defaulted Loan to a Borrower and (3) such Borrower shall be required to make any payment hereunder or under any other
Loan Document to or for the account of such Defaulting Lender, then such Borrower may, to the fullest extent permitted by applicable law, set off and
otherwise apply the Obligation of such Borrower to make such payment to or for the account of such Defaulting Lender against the obligation of such
Defaulting Lender to make such Defaulted Loan. In the event that, on any date, a Borrower shall so set off and otherwise apply its obligation to make any
such payment against the obligation of such Defaulting Lender to make any such Defaulted Loan on or prior to such date, the amount so set off and
otherwise applied by such Borrower shall constitute for all purposes of this Agreement and the other Loan Documents a Loan of the applicable Class by
such Defaulting Lender made on the date under the applicable Facility pursuant to which such Defaulted Loan was originally required to have been made
pursuant to Section 2.01 . Such Loan shall be considered, for all purposes of this Agreement, to comprise part of the Borrowing in connection with which
such Defaulted Loan was originally required to have been made pursuant to Section 2.01 , even if the other Loans comprising such Borrowing shall be
Eurodollar Rate Loans on the date such Revolving Loan is deemed to be made pursuant to this subsection (a) . A Borrower shall notify the Agent at any
time such Borrower exercises its right of set-off pursuant to this subsection (a) and shall set forth in such notice (A) the name of the Defaulting Lender and
the Defaulted Loan required to be made by such Defaulting Lender and (B) the amount set off and otherwise applied in respect of such Defaulted Loan
pursuant to this subsection (a)
. Any portion of such payment otherwise required to be made by a Borrower to or for the account of such Defaulting Lender
which is paid by such Borrower, after giving effect to the amount set off and otherwise applied by such Borrower pursuant to this subsection (a) , shall be
applied by the Agent as specified in subsection (b) or (c) of this Section 2.19 .
(b) In the event that, at any time, (1) any Lender with respect to a Class of Loans shall be a Defaulting Lender, (2) such Defaulting
Lender shall owe a Defaulted Amount to the Agent or other applicable Lenders with respect to such Class and (3) a Borrower shall make any payment
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