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This excerpt taken from the FL 8-K filed May 21, 2008. . Discharge Only Upon Payment in
Full; Reinstatement in Certain Circumstances. The
Company’s obligations under this Article 10 shall remain in full force
and effect until the Commitments shall have terminated, all Letters of Credit
shall have terminated or been canceled (unless such Letters of Credit have been
fully cash collateralized pursuant to arrangements satisfactory to
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the applicable LC Agent, or back-stopped by a separate letter of credit, in form and substance and issued by an issuer satisfactory to the applicable LC Agent) and the principal of and interest on the Loans and the Swingline Loans made to each Subsidiary Borrower, the Reimbursement Obligations of each Subsidiary Borrower and all other amounts payable by each Subsidiary Borrower under the Loan Documents shall have been paid in full. If at any time any payment of the principal of or interest on any Loan or Swingline Loan made to any Subsidiary Borrower or any Reimbursement Obligation of such Subsidiary Borrower or other amount payable by such Subsidiary Borrower under the Loan Documents is rescinded or must be otherwise restored or returned upon the bankruptcy, insolvency or reorganization of such Subsidiary Borrower or otherwise, the Company’s obligations hereunder with respect to such payment shall be reinstated at such time as though such payment had been due but not made at such time. |
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