TO ACCELERATION UNDER THE TERMS OF THIS AGREEMENT SHALL
NONETHELESS BE PAYABLE BY THE COMPANY HEREUNDER FORTHWITH ON DEMAND BY THE
ADMINISTRATIVE AGENT MADE AT THE REQUEST OF THE REQUIRED LENDERS.
SECTION 11.07.
CONTINUING GUARANTY.
THE COMPANY'S GUARANTY HEREUNDER IS A
CONTINUING GUARANTY, SHALL BE BINDING ON THE COMPANY AND ITS SUCCESSORS AND
ASSIGNS, AND SHALL BE ENFORCEABLE BY THE LENDERS.
IF ALL OR PART OF ANY
LENDER'S INTEREST IN ANY OBLIGATION GUARANTEED BY THE COMPANY IS ASSIGNED OR
OTHERWISE TRANSFERRED, THE TRANSFEROR'S RIGHTS UNDER THE COMPANY'S GUARANTY, TO
THE EXTENT APPLICABLE TO THE OBLIGATION SO TRANSFERRED, SHALL AUTOMATICALLY BE
TRANSFERRED WITH SUCH OBLIGATION.
ARTICLE 12
MISCELLANEOUS
SECTION 12.01.
NOTICES.
(A) EXCEPT IN THE CASE OF NOTICES AND OTHER
COMMUNICATIONS EXPRESSLY PERMITTED TO BE GIVEN BY TELEPHONE (AND SUBJECT TO
PARAGRAPH (B) BELOW), ALL NOTICES AND OTHER COMMUNICATIONS PROVIDED FOR HEREIN
SHALL BE IN WRITING AND SHALL BE DELIVERED BY HAND OR OVERNIGHT COURIER SERVICE,
MAILED BY CERTIFIED OR REGISTERED MAIL OR SENT BY FACSIMILE, AS FOLLOWS:
75
(I)
IF TO THE COMPANY, TO IT AT CUMMINS INC., 500 JACKSON STREET, BOX
3005, COLUMBUS, INDIANA
47202-3005, ATTENTION OF VICE PRESIDENT/CHIEF
INVESTMENT OFFICER (FACSIMILE NO. (812) 377-9990);
(II)
IF TO ANY OTHER BORROWER OR ELIGIBLE SUBSIDIARY, TO IT CARE OF THE
COMPANY;
(III)
IF TO THE ADMINISTRATIVE AGENT:
(A)
IF SUCH NOTICE IS REQUIRED BY THE TERMS HEREOF TO BE GIVEN TO THE
ADMINISTRATIVE AGENT AT ITS LONDON OFFICE, TO J.P. MORGAN EUROPE LIMITED, LOANS
AGENCY 6TH FLOOR, 25 BANK STREET, CANARY WHARF, LONDON E145JP, UNITED KINGDOM,
ATTENTION: LOANS AGENCY (FACSIMILE NO. 44 20 7777 2360), WITH A COPY TO JPMORGAN
CHASE BANK, N.A., 500 STANTON CHRISTIANA ROAD, NEWARK, DE 19713, ATTENTION OF
RIMA GANDHI (FACSIMILE NO. 302-634-4250);
(B)
OTHERWISE TO JPMORGAN CHASE BANK, N.A., 500 STANTON CHRISTIANA
ROAD, NEWARK, DE 19713, ATTENTION OF RIMA GANDHI (FACSIMILE NO. 302-634-4250);
(IV)
IF TO JPMCB AS ISSUING BANK, TO IT AT JPMORGAN CHASE BANK, N.A.,
10420 HIGHLAND MANOR DRIVE, FLOOR 4, TAMPA, FLORIDA 33610, ATTENTION OF STANDBY
LC DEPT. JAMES ALONZO/RALPH DAVIS (FACSIMILE NO. 813-432-5161) AND, IF SUCH
NOTICE CONCERNS A LETTER OF CREDIT DENOMINATED IN AN ALTERNATIVE CURRENCY, ALSO
TO IT AT JPMORGAN EUROPE LONDON OFFICE (FACSIMILE NO. 44 207 777 2360);
(V)
IF TO JPMCB AS SWINGLINE LENDER, TO IT AT JPMORGAN CHASE BANK, N.A.,
500 STANTON CHRISTIANA ROAD, NEWARK, DE 19713, ATTENTION OF RIMA GANDHI
(FACSIMILE NO. 302-634-4250);
(VI)
IF TO BOFA AS SWINGLINE LENDER, TO IT AT BANK OF AMERICA, N.A., 901
MAIN ST. 14TH FLOOR, TX1-492-14-12, DALLAS, TX 75202.3714, ATTENTION OF ELDRED
SHOLARS (FACSIMILE NO. 214-290-9485); AND
(VII)
IF TO ING BANK N.V., DUBLIN BRANCH, AS SWINGLINE LENDER, TO IT AT ING
BANK N.V., BLOCK 4, DUNDRUM TOWN CENTRE, SANDYFORD ROAD, DUNDRUM, DUBLIN 16,
IRELAND, ATTENTION OF ALAN MAHER (FACSIMILE NO. 353 1 638 4060).
(VIII)
IF TO ANY OTHER LENDER, TO IT AT ITS ADDRESS (OR FACSIMILE NUMBER)
SET FORTH IN ITS ADMINISTRATIVE QUESTIONNAIRE.
(B)
NOTICES AND OTHER COMMUNICATIONS TO THE LENDERS HEREUNDER MAY BE
DELIVERED