Nautilus 2005 Annual Report Download - page 105

Section 2.6. Payment on Loans and Other Obligations .
(a) Payments Generally . Each payment made hereunder by a Credit Party shall be made without any offset, abatement, recoupment,
counterclaim, withholding or reduction whatsoever.
(b) Payments from Borrower . All payments (including prepayments) to Agent of the principal of or interest on each Loan or other
payment, including but not limited to principal, interest, fees or any other amount owed by Borrower under this Agreement, shall be made in
Dollars. All payments described in this subsection (b) shall be remitted to Agent, at the address of Agent for notices referred to in Section 10.4
hereof for the account of the Lenders (or the Fronting Lender or the Swing Line Lender, as appropriate) not later than 10:00 A.M. (Pacific
time) on the due date thereof in immediately available funds. Any such payments received by Agent after 10:00 A.M. (Pacific time) shall be
deemed to have been made and received on the next Business Day.
(c) Payments to Lenders . Upon Agent’s receipt of payments hereunder, Agent shall immediately distribute to each Lender its ratable
shares, if any, of the amount of principal, interest, and facility and other fees received by Agent for the account of such Lender. Payments
received by Agent shall be delivered to the Lenders in Dollars in immediately available funds. As among Borrower and the Lenders,
immediately available funds received by Agent that Agent is to distribute to the Lenders shall be deemed received by the appropriate Lenders
on receipt of such funds by Agent. Each Lender shall record any principal, interest or other payment, the principal amounts of Base Rate Loans,
Eurodollar Loans, Swing Loans and Letters of Credit, all prepayments and the applicable dates, including Interest Periods, with respect to the
Loans made, and payments received by such Lender, by such method as such Lender may generally employ; provided, however, that failure to
make any such entry shall in no way detract from the obligations of Borrower under this Agreement or any Note. The aggregate unpaid amount
of Loans, types of Loans, Interest Periods and similar information with respect to the Loans and Letters of Credit set forth on the records of
Agent shall be rebuttably presumptive evidence with respect to such information, including the amounts of principal, interest and fees owing to
each Lender.
(d) Timing of Payments . Whenever any payment to be made hereunder, including, without limitation, any payment to be made on any
Loan, shall be stated to be due on a day that is not a Business Day, such payment shall be made on the next Business Day and such extension of
time shall in each case be included in the computation of the interest payable on such Loan; provided, however, that, with respect to a
Eurodollar Loan, if the next Business Day shall fall in the succeeding calendar month, such payment shall be made on the preceding Business
Day and the relevant Interest Period shall be adjusted accordingly.
Section 2.7. Prepayment .
(a) Right to Prepay . Borrower shall have the right at any time or from time to time to prepay, on a pro rata basis for all of the Lenders
(except with respect to Swing Loans that have not been funded by the other Lenders, which shall be paid to the Swing Line Lender), all or any
part of the principal amount of the Loans, as designated by Borrower. Such payment shall include interest accrued on the amount so prepaid to
the date of such prepayment and any
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