4.02, AGENT SHALL MAKE ALL FUNDS SO RECEIVED AVAILABLE TO
BORROWER IN LIKE FUNDS AS RECEIVED BY AGENT EITHER BY (I) CREDITING THE ACCOUNT
OF BORROWER ON THE BOOKS OF BANK OF AMERICA WITH THE AMOUNT OF SUCH FUNDS OR
(II) WIRE TRANSFER OF SUCH FUNDS, IN EACH CASE IN ACCORDANCE WITH INSTRUCTIONS
PROVIDED TO (AND REASONABLY ACCEPTABLE TO) AGENT BY BORROWER.
(C)
EXCEPT AS OTHERWISE PROVIDED HEREIN, A
EURODOLLAR RATE LOAN MAY BE CONTINUED OR CONVERTED ONLY ON THE LAST DAY OF AN
INTEREST PERIOD FOR SUCH EURODOLLAR RATE LOAN.
DURING THE EXISTENCE OF A
DEFAULT, NO LOANS MAY BE CONVERTED TO OR CONTINUED AS EURODOLLAR RATE LOANS
WITHOUT THE CONSENT OF THE REQUIRED LENDERS, AND THE REQUIRED LENDERS MAY DEMAND
THAT ANY OR ALL OF THE THEN OUTSTANDING EURODOLLAR RATE LOANS BE CONVERTED
IMMEDIATELY TO BASE RATE LOANS
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AND BORROWER AGREES TO PAY ALL AMOUNTS DUE UNDER SECTION 3.05 IN ACCORDANCE WITH
THE TERMS THEREOF DUE TO ANY SUCH CONVERSION.
(D)
AGENT SHALL PROMPTLY NOTIFY BORROWER AND
LENDERS OF THE INTEREST RATE APPLICABLE TO ANY INTEREST PERIOD FOR EURODOLLAR
RATE LOANS UPON DETERMINATION OF SUCH INTEREST RATE.
(E)
AFTER GIVING EFFECT TO THE BORROWINGS, ALL
CONVERSIONS OF LOANS FROM ONE TYPE TO THE OTHER, AND ALL CONTINUATIONS OF LOANS
AS THE SAME TYPE, THERE SHALL NOT BE MORE THAN FIVE INTEREST PERIODS IN EFFECT
WITH RESPECT TO LOANS.
2.03
Intentionally Omitted.
2.04
Intentionally Omitted.
2.05
Prepayments.
(A)
BORROWER MAY, UPON NOTICE TO AGENT, AT ANY
TIME OR FROM TIME TO TIME VOLUNTARILY PREPAY LOANS IN WHOLE OR IN PART WITHOUT
PREMIUM OR PENALTY; PROVIDED THAT (I) SUCH NOTICE MUST BE RECEIVED BY AGENT NOT
LATER THAN 11:00 A.M. (A) THREE BUSINESS DAYS PRIOR TO ANY DATE OF PREPAYMENT OF
EURODOLLAR RATE LOANS AND (B) ON THE DATE OF PREPAYMENT OF BASE RATE LOANS;
(II) ANY PREPAYMENT OF EURODOLLAR RATE LOANS SHALL BE IN A PRINCIPAL AMOUNT OF
$2,000,000 OR A WHOLE MULTIPLE OF $500,000 IN EXCESS THEREOF; AND (III) ANY
PREPAYMENT OF BASE RATE LOANS SHALL BE IN A PRINCIPAL AMOUNT OF $500,000 OR A
WHOLE MULTIPLE OF $100,000 IN EXCESS THEREOF OR, IN EACH CASE, IF LESS, THE
ENTIRE PRINCIPAL AMOUNT THEREOF THEN OUTSTANDING.
EACH SUCH NOTICE SHALL
SPECIFY THE DATE AND AMOUNT OF SUCH PREPAYMENT AND THE TYPE(S) OF LOANS TO BE
PREPAID.
AGENT WILL PROMPTLY NOTIFY EACH LENDER OF ITS RECEIPT OF EACH SUCH
NOTICE, AND OF THE AMOUNT OF SUCH LENDER'S APPLICABLE PERCENTAGE OF SUCH
PREPAYMENT.
IF SUCH NOTICE IS GIVEN BY BORROWER, BORROWER SHALL MAKE SUCH
PREPAYMENT AND THE PAYMENT AMOUNT SPECIFIED IN SUCH NOTICE SHALL BE DUE AND
PAYABLE ON THE DATE SPECIFIED THEREIN.
ANY PREPAYMENT OF A EURODOLLAR RATE LOAN
SHALL BE ACCOMPANIED BY ALL ACCRUED INTEREST ON THE AMOUNT PREPAID, TOGETHER
WITH ANY ADDITIONAL AMOUNTS REQUIRED PURSUANT TO SECTION 3.05.
(B)
(I) IF ANY LOAN PARTY DISPOSES OF ANY
PROPERTY (OTHER THAN ANY DISPOSITION OF ANY PROPERTY PERMITTED BY SECTION
7.05(A), (B) , (C), (D) OR (E)) WHICH