both the singular and
plural forms of the defined terms.
ARTICLE II
THE REVOLVING CREDITS
2.1
REVOLVING CREDIT ADVANCES.
SUBJECT TO THE TERMS OF THE EXISTING CREDIT
AGREEMENT, THE LENDERS PARTY THERETO ESTABLISHED IN FAVOR OF THE BORROWER, AND
THE LENDERS HEREBY CONTINUE, A REVOLVING CREDIT FACILITY PURSUANT TO WHICH, UPON
THE FOLLOWING TERMS AND SUBJECT TO THE FOLLOWING CONDITIONS:
(A)
FROM AND INCLUDING THE DATE HEREOF TO BUT EXCLUDING THE REVOLVING
CREDIT TERMINATION DATE, EACH LENDER SEVERALLY (AND NOT JOINTLY) AGREES, ON THE
TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, TO MAKE REVOLVING CREDIT LOANS
TO THE BORROWER FROM TIME TO TIME IN AMOUNTS NOT TO EXCEED IN THE AGGREGATE AT
ANY ONE TIME OUTSTANDING THE AMOUNT OF ITS PRO-RATA SHARE OF THE AGGREGATE
REVOLVING CREDIT COMMITMENT EXISTING AT SUCH TIME.
SUBJECT TO THE TERMS OF THIS
AGREEMENT, THE BORROWER MAY BORROW, REPAY AND REBORROW REVOLVING CREDIT ADVANCES
AT ANY TIME PRIOR TO THE REVOLVING CREDIT TERMINATION DATE.
THE REVOLVING
CREDIT COMMITMENTS SHALL EXPIRE ON THE REVOLVING CREDIT TERMINATION DATE.
ALL
REVOLVING CREDIT LOANS SHALL BE IN DOLLARS.
(B)
THE BORROWER HEREBY AGREES THAT, IF AT ANY TIME AS A RESULT OF
REDUCTIONS IN THE AGGREGATE REVOLVING CREDIT COMMITMENT PURSUANT TO SECTION
2.4(B) OR OTHERWISE, THE AGGREGATE BALANCE OF THE REVOLVING CREDIT LOANS EXCEEDS
THE AGGREGATE REVOLVING CREDIT COMMITMENT, THE BORROWER SHALL REPAY IMMEDIATELY
SUCH THEN AMOUNT OF REVOLVING CREDIT LOANS AS MAY BE NECESSARY TO ELIMINATE SUCH
EXCESS.
(C)
ANY OUTSTANDING REVOLVING CREDIT ADVANCES AND ALL OTHER UNPAID
OBLIGATIONS
WITH RESPECT TO THE REVOLVING CREDIT LOANS SHALL BE PAID IN FULL BY
THE BORROWER ON THE REVOLVING CREDIT TERMINATION DATE.
(D)
UPON THE EFFECTIVENESS OF THIS AGREEMENT PURSUANT TO SECTION 5.1,
EACH REVOLVING CREDIT ADVANCE WHICH IS THEN OUTSTANDING UNDER THE EXISTING
CREDIT AGREEMENT SHALL BE DEEMED A REVOLVING CREDIT ADVANCE OUTSTANDING UNDER
THIS AGREEMENT.
2.2
RATABLE LOANS.
EACH REVOLVING CREDIT ADVANCE HEREUNDER SHALL CONSIST OF
REVOLVING CREDIT LOANS MADE FROM THE SEVERAL LENDERS RATABLY IN PROPORTION TO
THE RATIO THAT
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THEIR RESPECTIVE REVOLVING CREDIT COMMITMENTS BEAR TO THE AGGREGATE REVOLVING
CREDIT COMMITMENT.
2.3
TYPES OF REVOLVING CREDIT ADVANCES.
THE REVOLVING CREDIT ADVANCES MAY BE
ALTERNATE BASE RATE ADVANCES OR EURODOLLAR ADVANCES, OR A COMBINATION THEREOF,
SELECTED BY THE BORROWER IN ACCORDANCE WITH SECTIONS 2.7 AND 2.8.
2.4
COMMITMENT FEE; REDUCTIONS IN AGGREGATE REVOLVING CREDIT COMMITMENT.
(A)
THE BORROWER AGREES TO PAY TO THE AGENT FOR THE ACCOUNT OF EACH
LENDER A COMMITMENT FEE ON ITS REVOLVING CREDIT COMMITMENT LESS ITS REVOLVING
CREDIT LOANS AT A PER ANNUM RATE EQUAL TO THE APPLICABLE COMMITMENT FEE RATE
FROM THE CLOSING DATE TO AND INCLUDING THE REVOLVING CREDIT TERMINATION DATE,
PAYABLE ON EACH PAYMENT DATE HEREAFTER AND ON THE REVOLVING CREDIT TERMINATION
DATE OR, IF LATER, UPON RECEIPT OF A BILL FROM THE AGENT.
ALL SUCH ACCRUED
COMMITMENT FEES SHALL BE PAYABLE ON THE EFFECTIVE DATE OF ANY TERMINATION OF THE
OBLIGATIONS OF THE LENDERS TO MAKE REVOLVING CREDIT LOANS HEREUNDER OR, IF
LATER, UPON RECEIPT OF