Common use of Refinancings Clause in Contracts

Refinancings. The Borrower may refinance all or any part of any Borrowing with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Borrowings and Standard Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Agent or by the Agent to the Borrower pursuant to Section 2.02(c); PROVIDED, HOWEVER, that (i) if the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Agent for distribution to the Lenders described in (ii) below, (ii) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Agent shall return the difference to such Lender out of amounts received pursuant to (i) above, and (iii) to the extent any Lender fails to pay the Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the Borrower.

Refinancings. The A Borrower may refinance all or any part of any Competitive Borrowing or Standby Borrowing with a Competitive Borrowing or a Standby Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Standby Borrowings and Standard Standby Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Administrative Agent or by the Administrative Agent to the applicable Borrower pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that in the case of any refinancing of a Borrowing with another Borrowing in the same currency, (i) if the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Administrative Agent for distribution to the Lenders described in (ii) below, (ii) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Administrative Agent shall return the difference to such Lender out of amounts received pursuant to (i) above, and (iii) to the extent any Lender fails to pay the Administrative Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the applicable Borrower.

Refinancings. The Borrower may refinance all or any part of any Borrowing made by it with a Borrowing of the same or a different Interest Rate Type made pursuant to Section 2.03 2.4 or pursuant to a notice under Section 2.042.5, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Revolving Credit Borrowings in Dollars and Standard Revolving Credit Borrowings in Dollars with Competitive Borrowings; provided that at any time after the occurrence, and during the continuation, of a Default or an Event of Default, a Revolving Credit Borrowing of Dollars or portion thereof may only be refinanced with an ABR Borrowing. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 2.8 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the applicable Lenders to the Administrative Agent or by the Administrative Agent to the Borrower pursuant to Section 2.02(c2.2(c); PROVIDED, HOWEVER, provided that (ia) if the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Administrative Agent for distribution to the Lenders described in clause (iib) below, (iib) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Administrative Agent shall return the difference to such Lender out of amounts received pursuant to clause (ia) above, and (iiic) to the extent any Lender fails to pay the Administrative Agent amounts due from it pursuant to clause (ia) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 2.8 and, to the extent of such failure, the Borrower shall pay such amount to the Administrative Agent as required by Section 2.10; and (d) to the extent the Borrower fails to pay to the Administrative Agent any amounts due in accordance with Section 2.8 as a result of the failure of a Lender to pay the Administrative Agent any amounts due as described in clause (c) above, the portion of any refinanced Loan deemed not repaid shall be payable by deemed to be outstanding solely to the BorrowerLender which has failed to pay the Administrative Agent amounts due from it pursuant to clause (a) above to the full extent of such Lender's portion of such Loan.

Refinancings. The Borrower may refinance all or any part of any Borrowing with a Borrowing of the same or a different Interest Rate Type made pursuant to Section 2.03 2.4 or pursuant to a notice under Section 2.042.5, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Revolving Credit Borrowings and Standard Revolving Credit Borrowings with Competitive Borrowings; provided, however, that at any time after the occurrence, and during the continuation, of a Default or an Event of Default, a Revolving Credit Borrowing or portion thereof may only be refinanced with an ABR Borrowing. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 2.8 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Administrative Agent or by the Administrative Agent to the Borrower pursuant to Section 2.02(c2.2(c); PROVIDEDprovided, HOWEVERhowever, that (ia) if the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Administrative Agent for distribution to the Borrower or any Lenders described in clause (iib) below, as applicable, (iib) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Administrative Agent shall return the difference to such Lender out of amounts received pursuant to clause (ia) above, and (iiic) to the extent any Lender fails to pay the Administrative Agent amounts due from it pursuant to clause (ia) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 2.6 and, to the extent of such failure, the Borrower shall pay such amount to the Administrative Agent as required by Section 2.10; and (d) to the extent the Borrower fails to pay to the Administrative Agent any amounts due in accordance with Section 2.10 as a result of the failure of a Lender to pay the Administrative Agent any amounts due as described in clause (c) above, the portion of any refinanced Loan deemed not repaid shall be payable by deemed to be outstanding solely to the BorrowerLender which has failed to pay the Administrative Agent amounts due from it pursuant to clause (a) above to the full extent of such Lender's portion of such Loan.

Refinancings. The A Borrower may refinance all or any part of any Borrowing with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Standby Borrowings and Standard Standby Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced with a Borrowing denominated in the same currency shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Agent or by the Agent to the applicable Borrower pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (i) if the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Agent for distribution to the Lenders described in (ii) below, (ii) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Agent shall return the difference to such Lender out of amounts received pursuant to (i) above, and (iii) to the extent any Lender fails to pay the Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the applicable Borrower.

Refinancings. The Borrower Company may refinance all or any part of any Borrowing with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Committed Borrowings and Standard Committed Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders Banks to the Administrative Agent or by the Administrative Agent to the Borrower Company pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (i) if the principal amount extended by a Lender Bank in a refinancing is greater than the principal amount extended by such Lender Bank in the Borrowing being refinanced, then such Lender Bank shall pay such difference to the Administrative Agent for distribution to the Lenders Banks described in (ii) below, (ii) if the principal amount extended by a Lender Bank in the Borrowing being refinanced is greater than the principal amount being extended by such Lender Bank in the refinancing, the Administrative Agent shall return the difference to such Lender Bank out of amounts received pursuant to (i) above, and (iii) to the extent any Lender Bank fails to pay the Administrative Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the BorrowerCompany.

Refinancings. The Any Borrower may refinance all or any ------------- part of any Borrowing of such Borrower with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Standby Borrowings and Standard Standby Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Administrative Agent or by the Administrative Agent to the appropriate Borrower pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (i) if the principal amount extended by a -------- ------- Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Administrative Agent for distribution to the Lenders described in (ii) below, (ii) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Administrative Agent shall return the difference to such Lender out of amounts received pursuant to (i) above, above and (iii) to the extent any Lender fails to pay to the Administrative Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the BorrowerBorrower to which such Loan was made; provided, however, that such -------- ------- Borrower shall not have any liability under Section 2.15 in respect of any of its payment obligations under this clause (iii).

Refinancings. The Borrower may refinance all or any part of any Borrowing with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Standby Borrowings and Standard Standby Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced with a Borrowing denominated in the same currency shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Agent or by the Agent to the applicable Borrower pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (i) if the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Agent for distribution to the Lenders described in (ii) below, (ii) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Agent shall return the difference to such Lender out of amounts received pursuant to (i) above, and (iii) to the extent any Lender fails to pay the Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the applicable Borrower.

Refinancings. The Borrower Company may refinance all or any part of any Borrowing with a Borrowing of the same or a different Type made pursuant to Section 2.03 2.3 or Section 2.042.4, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Committed Borrowings and Standard Committed Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 2.7 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders Banks to the Administrative Agent or by the Administrative Agent to the Borrower Company pursuant to Section 2.02(c2.2(c); PROVIDEDprovided, HOWEVERhowever, that (i) if the principal amount extended by a Lender Bank in a refinancing is greater than the principal amount extended by such Lender Bank in the Borrowing being refinanced, then such Lender Bank shall pay such difference to the Administrative Agent for distribution to the Lenders Banks described in (ii) below, (ii) if the principal amount extended by a Lender Bank in the Borrowing being refinanced is greater than the principal amount being extended by such Lender Bank in the refinancing, the Administrative Agent shall return the difference to such Lender Bank out of amounts received pursuant to (i) above, and (iii) to the extent any Lender Bank fails to pay the Administrative Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 2.7 and shall be payable by the BorrowerCompany.

Refinancings. The Borrower may refinance all or any part of any Borrowing with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Standby Borrowings and Standard Standby Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Agent or by the Agent to the Borrower pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (i) if the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Agent for distribution to the Lenders described in (ii) below, (ii) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Agent shall return the difference to such Lender out of amounts received pursuant to (i) above, and (iii) to the extent any Lender fails to pay the Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the Borrower.

Refinancings. The Borrower may refinance all or any part of any Borrowing with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Borrowings and Standard Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 2.08 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Agent or by the Agent to the Borrower pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (i) if the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Agent for distribution to the Lenders described in (ii) below, (ii) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Agent shall return the difference to such Lender out of amounts received pursuant to (i) above, and (iii) to the extent any Lender fails to pay the Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the Borrower.

Refinancings. The Borrower may refinance all or any part of any Borrowing with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Borrowings and Standard Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Agent or by the Agent to the Borrower pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (i) if the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Agent for distribution to the Lenders described in (ii) below, (ii) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Agent shall return the difference to such Lender out of amounts received pursuant to (i) above, and (iii) to the extent any Lender fails to pay the Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the Borrower.

Refinancings. The Borrower may refinance all or any part of any Borrowing with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Standby Borrowings and Standard Standby Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Agent or by the Agent to the Borrower pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (i) if the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Agent for distribution to the Lenders described in (ii) below, (ii) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Agent shall return the difference to such Lender out of amounts received pursuant to (i) above, and (iii) to the extent any Lender fails to pay the Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the Borrower. This Section shall not apply to Swingline Borrowings, which may not be refinanced.

Refinancings. The Each Borrower may refinance all or any part of any Borrowing with a Borrowing of the same or a different Type made pursuant to Section 2.03 2.02 or Section 2.042.03, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Committed Borrowings and Standard Committed Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders Banks to the Administrative Agent or by the Administrative Agent to the Borrower Company pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (ia) if the principal amount extended by a Lender Bank in a refinancing is greater than the principal amount extended by such Lender Bank in the Borrowing being refinanced, then such Lender Bank shall pay such difference to the Administrative Agent for distribution to the Lenders Banks described in (iib) below, (iib) if the principal amount extended by a Lender Bank in the Borrowing being refinanced is greater than the principal amount being extended by such Lender Bank in the refinancing, the Administrative Agent shall return the difference to such Lender Bank out of amounts received pursuant to (ia) above, and (iiic) to the extent any Lender Bank fails to pay the Administrative Agent amounts due from it pursuant to (ia) above, any Loan Borrowing or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 to the extent of such failure and such Borrower shall be payable by pay such amount to the Borrower.Administrative Agent pursuant to Section 2.07 and (d) to the extent the Company fails to pay to the Administrative

Refinancings. The Any Borrower may refinance all or any ------------- part of any Borrowing of such Borrower with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Standby Borrowings and Standard Standby Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Agent or by the Agent to the appropriate Borrower pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (i) if -------- ------- the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Agent for distribution to the Lenders described in (ii) below, (ii) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Agent shall return the difference to such Lender out of amounts received pursuant to (i) above, above and (iii) to the extent any Lender fails to pay to the Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the BorrowerBorrower to which such Loan was made; provided, however, that -------- ------- such Borrower shall not have any liability under Section 2.15 in respect of any of its payment obligations under this clause (iii).

Refinancings. The Borrower may refinance all or any part of any Borrowing with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Standby Borrowings and Standard Standby Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Agent or by the Agent to the Borrower pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (iI) if the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Agent for distribution to the Lenders described in (ii) below, (ii) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Agent shall return the difference to such Lender out of amounts received pursuant to (iI) above, and (iii) to the extent any Lender fails to pay the Agent amounts due from it pursuant to (iI) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the Borrower.

Refinancings. The Each Borrower may refinance all or any part of any Borrowing with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Committed Borrowings and Standard Committed Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 2.08 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders Banks to the Administrative Agent or by the Administrative Agent to the Borrower Company pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (ia) if the principal amount extended by a Lender Bank in a refinancing is greater than the principal amount extended by such Lender Bank in the Borrowing being refinanced, then such Lender Bank shall pay such difference to the Administrative Agent for distribution to the Lenders Banks described in (iib) below, (iib) if the principal amount extended by a Lender Bank in the Borrowing being refinanced is greater than the principal amount being extended by such Lender Bank in the refinancing, the Administrative Agent shall return the difference to such Lender Bank out of amounts received pursuant to (ia) above, and (iiic) to the extent any Lender Bank fails to pay the Administrative Agent amounts due from it pursuant to (ia) above, any Loan Borrowing or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 2.08 to the extent of such failure and such Borrower shall pay such amount to the Administrative Agent pursuant to Section 2.08 and (d) to the extent the Company fails to pay to the Administrative Agent any amounts due in accordance with Section 2.08 as a result of the failure of a Bank to pay the Administrative Agent any amounts due as described in (c) above, the portion of any refinanced Borrowing deemed not repaid shall be payable by deemed to be outstanding solely to the Borrower.Bank

Refinancings. The Borrower may refinance all or any part of ------------ any Standby Borrowing or Term Borrowing with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Borrowings and Standard Borrowings with Competitive Borrowings. Any Standby Borrowing or Term Borrowing or part thereof so refinanced with a Borrowing denominated in the same currency shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Agent or by the Agent to the Borrower pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (i) if the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Agent for distribution to the Lenders described in (ii) below, (ii) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Agent shall return the difference to such Lender out of amounts received pursuant to (i) above, and (iii) to the extent any Lender fails to pay the Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the Borrower.

Refinancings. The Any Borrower may refinance all or any ------------- part of any Borrowing of such Borrower with a Borrowing of the same or a different Type made pursuant to Section 2.03 or Section 2.04, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings of Competitive Borrowings with Standard Standby Borrowings and Standard Standby Borrowings with Competitive Borrowings. Any Borrowing or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 with the proceeds of a new Borrowing hereunder and the proceeds of the new Borrowing, to the extent they do not exceed the principal amount of the Borrowing being refinanced, shall not be paid by the Lenders to the Agent or by the Agent to the appropriate Borrower pursuant to Section 2.02(c); PROVIDEDprovided, HOWEVERhowever, that (i) if -------- ------- the principal amount extended by a Lender in a refinancing is greater than the principal amount extended by such Lender in the Borrowing being refinanced, then such Lender shall pay such difference to the Agent for distribution to the Lenders described in (ii) below, (ii) if the principal amount extended by a Lender in the Borrowing being refinanced is greater than the principal amount being extended by such Lender in the refinancing, the Agent shall return the difference to such Lender out of amounts received pursuant to (i) above, above and (iii) to the extent any Lender fails to pay to the Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 and shall be payable by the BorrowerBorrower to which such Loan was made; provided, however, that such -------- ------- Borrower shall not have any liability under Section 2.15 in respect of any of its payment obligations under this clause (iii).

Refinancings. The Borrower may refinance all or any part of any Borrowing Loan with a Borrowing Loan of the same or a different Type type made pursuant to Section 2.03 2.2 or Section 2.042.3, subject to the conditions and limitations set forth herein and elsewhere in this Agreement, including including, without limitation, refinancings of Competitive Borrowings Loans with Standard Borrowings Committed Loans and Standard Borrowings Committed Loans with Competitive BorrowingsLoans. Any Borrowing Loan or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 2.8 with the proceeds of a new Borrowing hereunder and the proceeds of the new BorrowingLoan, to the extent they do not exceed the principal amount of the Borrowing Loan being refinanced, shall not be paid by the Lenders Banks to the Agent or by the Agent to the Borrower pursuant to Section 2.02(c2.7(c); PROVIDEDprovided, HOWEVERhowever, that (i) if the principal amount extended by a Lender Bank in a refinancing is greater than the principal amount extended by such Lender Bank in the Borrowing being refinanced, then such Lender Bank shall pay such difference to the Agent for distribution to the Lenders Banks described in (ii) below, (ii) if the principal amount extended by a Lender Bank in the Borrowing being refinanced is greater than the principal amount being extended by such Lender Bank in the refinancing, the Agent shall return the difference to such Lender Bank out of amounts received pursuant to (i) above, and (iii) to the extent any Lender Bank fails to pay the Agent amounts due from it pursuant to (i) above, any Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with Section 2.07 2.8 to the extent of such failure and the Borrower shall pay such amount to the Agent pursuant to Section 2.8, and (iv) to the extent the Borrower fails to pay to the Agent any amounts due in accordance with Section 2.8 as a result of the failure of a Bank to pay the Agent any amounts due as described in (iii) above, the portion of any refinanced Loan deemed not repaid shall be payable by deemed to be outstanding solely to the BorrowerBank which has failed to pay the Agent amounts due from it pursuant to (i) above to the full extent of such Bank's portion of such refinanced Loan.

Refinancings. The Borrower Company may refinance all or any part of any Borrowing Loan with a Borrowing Loan or Loans of the same or a different Type type made pursuant to Section 2.03 2.01 or Section 2.042.02 hereof; provided, subject to however, that (i) no Term Federal Funds Loan may be refinanced with another Term Federal Funds Loan, and (ii) the conditions and limitations set forth herein and elsewhere in this Agreement, including refinancings aggregate principal amount of Competitive the new Borrowings with Standard Borrowings and Standard Borrowings with Competitive Borrowingsshall not exceed the aggregate principal amount of the Loans being refinanced. Any Borrowing Loan or part thereof so refinanced shall be deemed to be repaid in accordance with Section 2.07 2.05 hereof with the proceeds of a new Borrowing hereunder and the proceeds of the hereunder; provided, however, that with respect to any new Borrowing, to the extent they do not exceed the Borrowing which results in any Bank extending a Loan in a different principal amount than such Bank extended in the Loan being refinanced (e.g., the refinancing of the Borrowing being refinanceda Revolving Credit Loan with a Competitive Advance Loan), shall not be paid by the Lenders to the Agent or by the Agent to the Borrower pursuant to Section 2.02(c); PROVIDED, HOWEVER, that (i) if the principal amount extended by a Lender Bank in a refinancing is greater than the principal amount extended by such Lender Bank in the Borrowing being refinanced, then such Lender Bank shall pay such difference to the Administrative Agent for distribution to the Lenders Banks described in (ii) below, and (ii) if the principal amount extended by a Lender Bank in the Borrowing being refinanced is greater than the principal amount being extended by such Lender Bank in the refinancing, the Administrative Agent shall return the difference to such Lender Bank out of amounts received pursuant to (i) above, . If the Company shall not have repaid any Revolving Credit Loan on the last day of the Interest Period with respect thereto and (iii) shall not have given notice with respect to the extent any Lender fails to pay the Agent amounts due from it pursuant to (i) above, any refinancing of such Loan or portion thereof being refinanced with such amounts shall not be deemed repaid in accordance with the applicable provisions of Section 2.07 and 2.01 or Section 2.02 hereof, as appropriate, it shall be payable by deemed to have elected to refinance such Loan with a Revolving Credit Loan which is an Alternate Base Rate Loan to be made on the Borrowerlast day of the Interest Period of the Loan so refinanced.