2.4
PROCEDURE FOR REVOLVING LOAN BORROWING.
(A)
THE U.S. BORROWERS MAY BORROW UNDER THE
U.S. REVOLVING COMMITMENTS DURING THE U.S. REVOLVING COMMITMENT PERIOD ON ANY
BUSINESS DAY, PROVIDED THAT THE PARENT BORROWER SHALL GIVE THE ADMINISTRATIVE
AGENT IRREVOCABLE TELEPHONIC NOTICE CONFIRMED PROMPTLY IN WRITING IN FORM AND
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SUBSTANCE AS PROVIDED IN EXHIBIT N (WHICH NOTICE MUST BE RECEIVED BY THE
ADMINISTRATIVE AGENT PRIOR TO 12:00 NOON, NEW YORK CITY TIME, (A) (I) THREE
BUSINESS DAYS PRIOR TO THE REQUESTED BORROWING DATE, IN THE CASE OF EURODOLLAR
LOANS IN DOLLARS, AND (II) FOUR BUSINESS DAYS PRIOR TO THE REQUESTED BORROWING
DATE IN THE CASE OF EURODOLLAR LOANS IN ALTERNATE CURRENCY, OR (B) ONE BUSINESS
DAY PRIOR TO THE REQUESTED BORROWING DATE, IN THE CASE OF ABR LOANS), SPECIFYING
(I) THE AMOUNT AND TYPE OF U.S. REVOLVING LOANS TO BE BORROWED, (II) THE
REQUESTED BORROWING DATE, (III) THE ACCOUNT TO WHICH THE PROCEEDS OF SUCH LOANS
SHOULD BE TRANSFERRED AND (IV) IN THE CASE OF EURODOLLAR LOANS, THE RESPECTIVE
AMOUNTS OF EACH SUCH TYPE OF LOAN AND THE RESPECTIVE LENGTHS OF THE INITIAL
INTEREST PERIOD THEREFOR AS WELL AS THE REQUESTED APPROVED CURRENCY.
UNLESS
OTHERWISE AGREED BY THE ADMINISTRATIVE AGENT IN ITS SOLE DISCRETION, NO U.S.
REVOLVING LOAN MAY BE MADE AS, CONVERTED INTO OR CONTINUED AS A EURODOLLAR LOAN
HAVING AN INTEREST PERIOD IN EXCESS OF ONE MONTH PRIOR TO THE DATE THAT IS 10
DAYS AFTER THE CLOSING DATE.
EACH BORROWING UNDER THE U.S. REVOLVING
COMMITMENTS SHALL BE IN AN AMOUNT EQUAL TO (X) IN THE CASE OF ABR LOANS,
$1,000,000 OR A WHOLE MULTIPLE THEREOF (OR, IF THE THEN AGGREGATE AVAILABLE U.S.
REVOLVING COMMITMENTS ARE LESS THAN $1,000,000, SUCH LESSER AMOUNT) AND (Y) IN
THE CASE OF EURODOLLAR LOANS, OR, IN THE CASE OF EURODOLLAR LOANS TO BE MADE IN
ALTERNATE CURRENCY, THE DOLLAR EQUIVALENT OF THE PRINCIPAL AMOUNT THEREOF SHALL
BE IN AN AMOUNT EQUAL TO $5,000,000 OR A WHOLE MULTIPLE OF $1,000,000 IN EXCESS
THEREOF; PROVIDED THAT THE U.S. SWINGLINE LENDER MAY REQUEST, ON BEHALF OF THE
PARENT BORROWER, BORROWINGS UNDER THE U.S. REVOLVING COMMITMENTS THAT ARE ABR
LOANS IN OTHER AMOUNTS PURSUANT TO SECTION 2.5.
UPON RECEIPT OF ANY SUCH NOTICE
FROM THE PARENT BORROWER, THE ADMINISTRATIVE AGENT SHALL PROMPTLY NOTIFY EACH
U.S. REVOLVING LENDER THEREOF.
EACH U.S. REVOLVING LENDER WILL MAKE THE AMOUNT
OF ITS PRO RATA SHARE OF EACH BORROWING AVAILABLE TO THE ADMINISTRATIVE AGENT
FOR THE ACCOUNT OF THE BORROWERS AT THE FUNDING OFFICE PRIOR TO 12:00 NOON, NEW
YORK CITY TIME (OR, IF DENOMINATED IN ALTERNATE CURRENCY, 12:00 NOON, LOCAL
TIME), ON THE BORROWING DATE REQUESTED BY THE PARENT BORROWER IN FUNDS
IMMEDIATELY AVAILABLE TO THE ADMINISTRATIVE AGENT; PROVIDED, THAT THE AMOUNT OF
U.S. LOANS AT ANY TIME OUTSTANDING SHALL NOT EXCEED THE U.S. COMMITMENT, AND
PROVIDED, FURTHER, THAT THE TOTAL OUTSTANDINGS SHALL NOT AT ANY TIME EXCEED THE
TOTAL COMMITMENTS.
SUCH BORROWING WILL THEN BE MADE AVAILABLE TO THE U.S.
BORROWERS BY THE ADMINISTRATIVE AGENT TRANSFERRING TO THE ACCOUNT