Commitments, each Augmenting Lender and each Increasing Lender shall
be deemed a Lender for purposes of this Agreement.
The Agent shall promptly
distribute a revised Schedule 2.01 to all of the Lenders, which new Schedule
2.01 shall automatically supercede any prior Schedule 2.01.
SECTION 2.02.
LOANS AND BORROWINGS.
(A)
EACH REVOLVING LOAN SHALL BE MADE AS
PART OF A BORROWING CONSISTING OF REVOLVING LOANS MADE BY THE LENDERS RATABLY IN
ACCORDANCE WITH THEIR RESPECTIVE COMMITMENTS.
THE FAILURE OF ANY LENDER TO MAKE
ANY LOAN REQUIRED TO BE MADE BY IT SHALL NOT RELIEVE ANY OTHER LENDER OF ITS
OBLIGATIONS HEREUNDER; PROVIDED THAT THE COMMITMENTS OF THE LENDERS ARE SEVERAL
AND NO LENDER SHALL BE RESPONSIBLE FOR ANY OTHER LENDER'S FAILURE TO MAKE LOANS
AS REQUIRED.
(B)
SUBJECT TO SECTION 2.14, EACH REVOLVING BORROWING SHALL BE
COMPRISED ENTIRELY OF ABR LOANS OR EURODOLLAR LOANS AS A BORROWER MAY REQUEST IN
ACCORDANCE HEREWITH.
EACH SWINGLINE LOAN SHALL BE AN ABR LOAN OR SHALL BEAR
INTEREST AT AN ALTERNATE RATE AGREED UPON BY THE APPLICABLE BORROWER AND THE
SWINGLINE LENDER.
EACH LENDER AT ITS OPTION MAY MAKE ANY EURODOLLAR LOAN BY
CAUSING ANY DOMESTIC OR FOREIGN BRANCH OR AFFILIATE OF SUCH LENDER TO MAKE SUCH
LOAN; PROVIDED THAT ANY EXERCISE OF SUCH OPTION SHALL NOT AFFECT THE OBLIGATION
OF ANY BORROWER TO REPAY SUCH LOAN IN ACCORDANCE WITH THE TERMS OF THIS
AGREEMENT.
(C)
AT THE COMMENCEMENT OF EACH INTEREST PERIOD FOR ANY EURODOLLAR
REVOLVING BORROWING, SUCH BORROWING SHALL BE IN AN AGGREGATE AMOUNT THAT IS AN
INTEGRAL MULTIPLE OF $100,000 AND NOT LESS THAN $1,000,000.
AT THE TIME THAT
EACH ABR REVOLVING BORROWING IS MADE, SUCH BORROWING SHALL BE IN AN AGGREGATE
AMOUNT THAT IS AN INTEGRAL MULTIPLE OF $100,000 AND NOT LESS THAN $500,000;
PROVIDED THAT AN ABR REVOLVING BORROWING MAY BE IN AN AGGREGATE AMOUNT THAT IS
EQUAL TO THE ENTIRE UNUSED BALANCE OF THE TOTAL COMMITMENTS OR THAT IS REQUIRED
TO FINANCE THE REIMBURSEMENT OF AN LC DISBURSEMENT AS CONTEMPLATED BY SECTION
2.06(E).
EACH SWINGLINE LOAN SHALL BE IN AN AMOUNT THAT IS AN AMOUNT REQUIRED
BY THE SWINGLINE LENDER FROM TIME TO TIME.
BORROWINGS OF MORE THAN ONE TYPE AND
CLASS MAY BE OUTSTANDING AT THE SAME TIME; PROVIDED THAT THERE SHALL NOT AT ANY
TIME BE MORE THAN A TOTAL OF SIX (6) EURODOLLAR REVOLVING BORROWINGS
OUTSTANDING.
(D)
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NO
BORROWER SHALL BE ENTITLED TO REQUEST, OR TO ELECT TO CONVERT OR CONTINUE, ANY
BORROWING IF THE INTEREST PERIOD REQUESTED WITH RESPECT THERETO WOULD END AFTER
THE MATURITY DATE.
SECTION 2.03.
REQUESTS FOR REVOLVING BORROWINGS.
TO REQUEST A REVOLVING
BORROWING, THE APPLICABLE BORROWER SHALL NOTIFY THE ADMINISTRATIVE AGENT OF SUCH
REQUEST BY TELEPHONE (A) IN THE CASE OF A EURODOLLAR BORROWING, NOT LATER THAN
11:00 A.M., EASTERN TIME, THREE BUSINESS DAYS BEFORE THE DATE OF THE PROPOSED
BORROWING OR (B) IN THE CASE OF AN ABR BORROWING, NOT LATER THAN 11:00 A.M.,
EASTERN TIME, ON THE BUSINESS DAY OF THE PROPOSED