notice shall have been withdrawn or such
provision amended in accordance herewith.
ARTICLE II
THE CREDITS
SECTION 2.01.
Commitment.
Subject to the terms and conditions set forth
herein, Lender agrees to make Revolving Loans to Borrower from time to time
during the Availability Period in an aggregate principal amount that will not
result in the Revolving Exposure exceeding the lesser of (a) the Revolving
Commitment or (b) the Borrowing Base, subject to Lender's authority, in its sole
discretion, to make Protective Advances pursuant to the terms of Section 2.04,
by making immediately available funds available to the account designated by
Borrower in writing.
Within the foregoing limits and subject to the terms and
conditions set forth herein, Borrower may borrow, prepay and reborrow Revolving
Loans.
SECTION 2.02.
Loans and Borrowings.
(a)
Any Protective Advance shall be made
in accordance with the procedures set forth in Section 2.04.
(B)
SUBJECT TO SECTION 2.13, EACH REVOLVING
BORROWING SHALL BE COMPRISED ENTIRELY OF CB FLOATING RATE LOANS OR EURODOLLAR
LOANS AS BORROWER MAY REQUEST IN ACCORDANCE HEREWITH, PROVIDED THAT ALL
BORROWINGS MADE ON THE EFFECTIVE DATE MUST BE MADE AS CB FLOATING RATE
BORROWINGS.
(C)
AT THE COMMENCEMENT OF EACH INTEREST PERIOD
FOR ANY EURODOLLAR REVOLVING BORROWING, SUCH BORROWING SHALL BE IN AN AGGREGATE
AMOUNT THAT IS NOT LESS THAN $100,000.
CB FLOATING RATE REVOLVING BORROWINGS
MAY BE IN ANY AMOUNT.
THERE SHALL NOT AT ANY TIME BE MORE THAN A TOTAL OF 5
EURODOLLAR REVOLVING BORROWINGS OUTSTANDING.
(D)
NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, BORROWER SHALL NOT BE ENTITLED TO REQUEST, OR TO ELECT TO CONVERT OR
CONTINUE, ANY BORROWING IF THE INTEREST PERIOD REQUESTED WITH RESPECT THERETO
WOULD END AFTER THE MATURITY DATE.
SECTION 2.03.
Borrowing Procedures; Requests for Revolving Borrowings.
(A)
NOTICES BY BORROWER TO LENDER OF REQUESTS
FOR REVOLVING LOANS OTHER THAN PURSUANT TO §2.03(A).
TO REQUEST A REVOLVING
BORROWING, BORROWER SHALL NOTIFY LENDER OF SUCH REQUEST BY TELEPHONE (A) IN THE
CASE OF A EURODOLLAR BORROWING, NOT LATER THAN 10:00 A.M., MILWAUKEE TIME, TWO
BUSINESS DAYS BEFORE THE DATE OF THE PROPOSED BORROWING OR (B) IN THE CASE OF AN
CB FLOATING RATE BORROWING, NOT LATER THAN NOON, MILWAUKEE TIME, ON THE DATE OF
THE PROPOSED BORROWING; PROVIDED THAT ANY SUCH NOTICE OF AN CB FLOATING RATE
REVOLVING BORROWING TO FINANCE THE REIMBURSEMENT OF AN LC DISBURSEMENT AS
CONTEMPLATED BY SECTION
22
2.05(E) MAY BE GIVEN NOT LATER THAN 9:00 A.M., MILWAUKEE TIME, ON THE DATE OF
THE PROPOSED BORROWING.
EACH SUCH TELEPHONIC BORROWING REQUEST SHALL BE
IRREVOCABLE AND SHALL BE CONFIRMED PROMPTLY BY HAND DELIVERY OR FACSIMILE TO
LENDER OF A WRITTEN BORROWING REQUEST IN A FORM APPROVED BY LENDER AND SIGNED BY
BORROWER.
EACH SUCH TELEPHONIC AND WRITTEN BORROWING REQUEST SHALL SPECIFY THE
FOLLOWING INFORMATION IN COMPLIANCE WITH SECTION 2.01:
(I)
THE AGGREGATE AMOUNT OF THE REQUESTED
BORROWING;
(II)
THE DATE OF SUCH BORROWING, WHICH SHALL BE
A BUSINESS DAY;
(III)
WHETHER SUCH BORROWING IS TO BE AN CB
FLOATING RATE BORROWING OR A