he
provisions of section 4. 7, the then outstanding principal amount of the loan
and the note, together with interest accrued therein to the date of such
prepayment.
section 2.7. interest rate on overdue principal
in the event of failure by the borrower to pay when due (whether upon stated
maturity, by acceleration or otherwise) any payments due under the loan or the
note, the borrower shall pay interest, to be paid upon demand, to the holder of
the note on the unpaid amounts from the date such payments were due to the date
of actual payment, (before as well as after judgment) for each day at a rate per
annum equal to the higher of (i) one percent (1%) above the interest rate
applicable to the loan for the interest period immediately preceding the failure
by the borrower to pay or (ii) two and one-half percent (2-1/2%) above the rate
at which dollar deposits were offered by the bank in the amount outstanding for
a one month period to prime banks in the london interbank market as of ll:00
a.m. (london time) on the date of such failure by the borrower to pay and on the
first business day of each succeeding one month period thereafter. the bank
shall give prompt written or telex notice to the borrower of the interest rate
in effect from time to time in accordance with the foregoing sentence. without
prejudice to the rights of the bank under this section and to the extent
permitted by applicable law, the borrower agrees to compensate the bank for any
loss or expense which the bank may sustain or incur as a consequence of the
failure by the borrower to pay when due any portion of the principal of or
interest accrued on the loan or the note, or any other amount payable hereunder,
including but not limited to any amounts payable by the bank in order to honor
its commitment or make or maintain the loan. a certificate of the bank setting
forth the basis for the determination of the amounts necessary to compensate the
bank as aforesaid in respect of such loss or expense shall be conclusive as to
such determination and such amounts.
section 2.8. computation; determination conclusive
all payments of interest shall be computed on the basis of a year of 360 days
for the actual number of days involved. each determination of any interest rate
by the bank shall be conclusive and binding on the parties hereto (save for
manifest
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