BASIS IN ARREARS.
SUCH FRONTING FEES SHALL BE DUE AND
PAYABLE ON THE FIRST BUSINESS DAY AFTER THE END OF EACH MARCH, JUNE, SEPTEMBER
AND DECEMBER, COMMENCING WITH THE FIRST SUCH DATE TO OCCUR AFTER THE ISSUANCE OF
SUCH LETTER OF CREDIT, ON THE LETTER OF CREDIT EXPIRATION DATE AND THEREAFTER ON
DEMAND.
IN ADDITION, THE BORROWER SHALL PAY DIRECTLY TO EACH L/C ISSUER FOR ITS
OWN ACCOUNT THE CUSTOMARY ISSUANCE, PRESENTATION, AMENDMENT AND OTHER PROCESSING
FEES, AND OTHER STANDARD COSTS AND CHARGES, OF SUCH L/C ISSUER RELATING TO
LETTERS OF CREDIT AS FROM TIME TO TIME IN EFFECT.
SUCH CUSTOMARY FEES AND
STANDARD COSTS AND CHARGES ARE DUE AND PAYABLE WITHIN TEN (10) BUSINESS DAYS OF
DEMAND AND ARE NONREFUNDABLE.
(I)
CONFLICT WITH LETTER OF CREDIT APPLICATION.
NOTWITHSTANDING
ANYTHING ELSE TO THE CONTRARY IN ANY LETTER OF CREDIT APPLICATION, IN THE EVENT
OF ANY CONFLICT BETWEEN THE TERMS HEREOF AND THE TERMS OF ANY LETTER OF CREDIT
APPLICATION, THE TERMS HEREOF SHALL CONTROL.
59
(J)
ADDITION OF AN L/C ISSUER.
(i)
A Dollar Revolving Credit Lender may become an additional Dollar L/C
Issuer hereunder pursuant to a written agreement among the Borrower, the
Administrative Agent and such Dollar Revolving Credit Lender.
The
Administrative Agent shall notify the Dollar Revolving Credit Lenders of any
such additional Dollar L/C Issuer.
(ii)
An Alternative Currency Revolving Credit Lender may become an
additional Alternative Currency L/C Issuer hereunder pursuant to a written
agreement among the Borrower, the Administrative Agent and such Alternative
Currency Revolving Credit Lender.
The Administrative Agent shall notify the
Alternative Currency Revolving Credit Lenders of any such additional Alternative
Currency L/C Issuer.
SECTION 2.04
Swing Line Loans.
(A)
THE SWING LINE.
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH
HEREIN, THE SWING LINE LENDER AGREES TO MAKE LOANS IN DOLLARS (EACH SUCH LOAN, A
"SWING LINE LOAN") TO THE BORROWER FROM TIME TO TIME ON ANY BUSINESS DAY (OTHER
THAN THE CLOSING DATE) UNTIL THE MATURITY DATE IN AN AGGREGATE AMOUNT NOT TO
EXCEED AT ANY TIME OUTSTANDING THE AMOUNT OF THE SWING LINE SUBLIMIT,
NOTWITHSTANDING THE FACT THAT SUCH SWING LINE LOANS, WHEN AGGREGATED WITH THE
PRO RATA SHARE OF THE OUTSTANDING AMOUNT OF DOLLAR REVOLVING CREDIT LOANS AND
DOLLAR L/C OBLIGATIONS OF THE LENDER ACTING AS SWING LINE LENDER, MAY EXCEED THE
AMOUNT OF SUCH LENDER'S DOLLAR REVOLVING CREDIT COMMITMENT; PROVIDED THAT, AFTER
GIVING EFFECT TO ANY SWING LINE LOAN, THE AGGREGATE OUTSTANDING AMOUNT OF THE
DOLLAR REVOLVING CREDIT LOANS OF ANY LENDER, PLUS SUCH LENDER'S PRO RATA SHARE
OF THE OUTSTANDING AMOUNT OF ALL DOLLAR L/C OBLIGATIONS, PLUS SUCH LENDER'S PRO
RATA SHARE OF THE OUTSTANDING AMOUNT OF ALL SWING LINE LOANS SHALL NOT EXCEED
SUCH LENDER'S DOLLAR REVOLVING CREDIT COMMITMENT THEN IN EFFECT; PROVIDED
FURTHER THAT, THE BORROWER SHALL NOT USE THE PROCEEDS OF ANY SWING LINE LOAN TO
REFINANCE ANY OUTSTANDING SWING LINE LOAN.
WITHIN THE FOREGOING LIMITS, AND
SUBJECT TO THE OTHER TERMS AND CONDITIONS HEREOF, THE BORROWER MAY BORROW UNDER
THIS SECTION