REQUIRED TO FUND OR MAINTAIN THE LIBOR LOAN.
SECTION 2.18
LENDER STATEMENTS; SURVIVAL OF INDEMNITY.
TO THE EXTENT
REASONABLY POSSIBLE, EACH LENDER SHALL DESIGNATE AN ALTERNATE LENDING OFFICE
WITH RESPECT TO ITS LIBOR LOANS TO REDUCE ANY LIABILITY OF THE BORROWER TO SUCH
LENDER UNDER SECTIONS 2.14 AND 2.15 OR TO AVOID THE UNAVAILABILITY OF LIBOR
LOANS.
EACH LENDER SHALL DELIVER A WRITTEN STATEMENT OF SUCH LENDER AS TO THE
AMOUNT DUE, IF ANY, UNDER SECTIONS 2.14, 2.15 OR 2.17.
SUCH WRITTEN STATEMENT
SHALL SET FORTH IN REASONABLE DETAIL THE CALCULATIONS UPON WHICH SUCH LENDER
DETERMINED SUCH AMOUNT AND SHALL BE FINAL, CONCLUSIVE AND BINDING ON THE
BORROWER IN THE ABSENCE OF MANIFEST ERROR.
DETERMINATION OF AMOUNTS PAYABLE
UNDER SUCH SECTIONS IN CONNECTION WITH A LIBOR LOAN SHALL BE CALCULATED AS
THOUGH EACH LENDER FUNDED ITS LIBOR LOAN THROUGH THE PURCHASE OF A DEPOSIT OF
THE TYPE AND MATURITY CORRESPONDING TO THE DEPOSIT USED AS A REFERENCE IN
DETERMINING THE LIBOR RATE APPLICABLE TO SUCH LOAN, WHETHER IN FACT THAT IS THE
CASE OR NOT.
UNLESS OTHERWISE PROVIDED HEREIN, THE AMOUNT SPECIFIED IN THE
WRITTEN STATEMENT SHALL BE PAYABLE ON DEMAND AFTER RECEIPT BY THE BORROWER OF
THE WRITTEN STATEMENT.
THE OBLIGATIONS OF THE BORROWER UNDER SECTIONS 2.14,
2.15 AND 2.17 SHALL SURVIVE PAYMENT OF THE OBLIGATIONS AND TERMINATION OF THIS
AGREEMENT.
SECTION 2.19
EXTENSION OF REVOLVING CREDIT TERMINATION DATE.
(A)
NOT MORE
THAN ONCE IN ANY FISCAL YEAR OF THE BORROWER, THE BORROWER MAY REQUEST AN
EXTENSION OF THE REVOLVING CREDIT TERMINATION DATE TO THE FIRST OR SECOND
ANNIVERSARY OF THE THEN SCHEDULED REVOLVING
31
CREDIT TERMINATION DATE (BUT IN NO EVENT LATER THAN THE FOURTH ANNIVERSARY OF
THE DATE OF SUCH REQUEST) BY SUBMITTING A REQUEST FOR AN EXTENSION TO THE AGENT
NOT LESS THAN 180 DAYS PRIOR TO THE THEN SCHEDULED REVOLVING CREDIT TERMINATION
DATE.
AT THE TIME OF OR PRIOR TO THE DELIVERY OF SUCH REQUEST, THE BORROWER
SHALL PROPOSE TO THE AGENT THE AMOUNT OF THE FEES THAT THE BORROWER WOULD AGREE
TO PAY WITH RESPECT TO SUCH EXTENSION IF APPROVED BY THE REVOLVING CREDIT
LENDERS.
PROMPTLY UPON (BUT NOT LATER THAN FIVE BUSINESS DAYS AFTER) THE
AGENT'S RECEIPT AND APPROVAL OF THE EXTENSION REQUEST AND FEE PROPOSAL (AS SO
APPROVED, THE "REVOLVING CREDIT EXTENSION REQUEST"), THE AGENT SHALL DELIVER TO
EACH REVOLVING CREDIT LENDER A COPY OF, AND SHALL REQUEST EACH REVOLVING CREDIT
LENDER TO APPROVE, THE REVOLVING CREDIT EXTENSION REQUEST.
EACH REVOLVING
CREDIT LENDER APPROVING THE REVOLVING CREDIT EXTENSION REQUEST SHALL DELIVER ITS
WRITTEN APPROVAL NO LATER THAN 60 DAYS AFTER SUCH REVOLVING CREDIT LENDER'S
RECEIPT OF THE REVOLVING CREDIT EXTENSION REQUEST.
IF THE WRITTEN APPROVAL OF
THE REVOLVING CREDIT EXTENSION REQUEST BY THE REVOLVING CREDIT LENDERS WHOSE
REVOLVING CREDIT PRO RATA SHARES EQUAL OR EXCEED 66-2/3% IN THE AGGREGATE IS
RECEIVED BY THE AGENT WITHIN SUCH 60-DAY PERIOD, THE REVOLVING CREDIT
TERMINATION DATE SHALL BE EXTENDED TO THE FIRST OR SECOND ANNIVERSARY OF THE
THEN SCHEDULED REVOLVING CREDIT TERMINATION DATE (AS