AGENT WILL KEEP A
RECORD OF THE REVOLVING CREDIT LOANS.
THE AGGREGATE PRINCIPAL AMOUNT OF EACH
REVOLVING CREDIT LOAN WILL BE DEEMED OWED TO EACH LENDER SEVERALLY IN ACCORDANCE
WITH SUCH LENDER'S PERCENTAGE INTEREST, AND ALL PAYMENTS WILL BE FOR THE ACCOUNT
OF EACH LENDER IN ACCORDANCE WITH ITS PERCENTAGE INTEREST.
ANY LENDER MAY
REQUEST THAT THE BORROWERS' OBLIGATIONS TO REPAY REVOLVING CREDIT LOANS MADE BY
SUCH LENDER, TOGETHER WITH INTEREST THEREON AS PROVIDED HEREIN, BE EVIDENCED BY
A PROMISSORY NOTE IN ACCORDANCE WITH SUCH LENDER'S PERCENTAGE INTEREST IN THE
AGGREGATE PRINCIPAL AMOUNT OF THE REVOLVING CREDIT LOANS MADE BY SUCH LENDER.
IN SUCH EVENT, THE BORROWERS SHALL PREPARE, EXECUTE AND DELIVER TO SUCH LENDER A
PROMISSORY NOTE PAYABLE TO THE ORDER OF SUCH LENDER (OR, IF REQUESTED BY SUCH
LENDER, TO SUCH LENDER AND ITS REGISTERED ASSIGNS) SUBSTANTIALLY IN THE FORM OF
EXHIBIT 2.1.4 (EACH, A "REVOLVING CREDIT NOTE"), WITH APPROPRIATE INSERTIONS AS
TO THE LENDER, THE DATE AND THE PRINCIPAL AMOUNT.
THEREAFTER, THE LOANS
EVIDENCED BY SUCH REVOLVING CREDIT NOTE AND INTEREST THEREON SHALL AT ALL TIMES
(INCLUDING AFTER ASSIGNMENT PURSUANT TO SECTION 14.1) BE REPRESENTED BY ONE OR
MORE REVOLVING CREDIT NOTES IN SUCH FORM PAYABLE TO THE ORDER OF THE PAYEE NAMED
THEREIN (OR, IF SUCH PROMISSORY NOTE IS A REGISTERED NOTE, TO SUCH PAYEE AND ITS
REGISTERED ASSIGNS).
26
2.1.5
LENDER FUNDING AND DISBURSEMENT.
EACH LENDER WILL,
BEFORE 10:00 A.M. (DENVER TIME) ON THE CLOSING DATE OF EACH REVOLVING CREDIT
LOAN UNDER SECTION 2.1.1, MAKE AVAILABLE TO THE AGENT AT THE DENVER OFFICE (OR,
AT THE REQUEST OF THE AGENT, IN THE CASE OF A REVOLVING CREDIT LOAN REQUESTED AS
MULTICURRENCY LIBOR LOANS, AT SUCH BANK AS THE AGENT MAY DESIGNATE TO THE
LENDERS) BY DEPOSIT, IN UNITED STATES DOLLARS OR THE APPLICABLE FOREIGN
CURRENCY, IN SAME DAY OR IMMEDIATELY AVAILABLE FUNDS, SUCH LENDER'S PERCENTAGE
INTEREST OF THE AGGREGATE PRINCIPAL AMOUNT OF SUCH REVOLVING CREDIT LOAN.
AFTER
THE AGENT'S RECEIPT OF SUCH FUNDS AND UPON FULFILLMENT OF THE APPLICABLE
CONDITIONS SET FORTH IN SECTION 8, THE AGENT WILL PROMPTLY DISBURSE SUCH FUNDS
IN SAME DAY OR IMMEDIATELY AVAILABLE FUNDS IN THE APPLICABLE FOREIGN CURRENCY IN
THE CASE OF A REVOLVING CREDIT LOAN REQUESTED AS MULTICURRENCY LIBOR LOANS, AND
IN UNITED STATES DOLLARS IN THE CASE OF ALL OTHER REVOLVING CREDIT LOANS, TO THE
BORROWERS.
EACH REVOLVING CREDIT LOAN WILL BE MADE AT THE DENVER OFFICE BY
DEPOSITING THE AMOUNT THEREOF TO THE GENERAL ACCOUNT OF THE PARENT WITH THE
AGENT.
2.1.6
CONTINUATIONS AND CONVERSIONS.
THE BORROWERS WILL
HAVE THE OPTION, ON ANY BANKING DAY, TO CONTINUE EXISTING LIBOR LOANS FOR A
SUBSEQUENT INTEREST PERIOD, TO CONVERT BASE RATE LOANS INTO LIBOR LOANS OR TO
CONVERT LIBOR LOANS INTO BASE RATE LOANS; PROVIDED, HOWEVER, THAT (I) LIBOR
LOANS MAY ONLY BE CONTINUED OR CONVERTED INTO BASE RATE LOANS ON THE LAST DAY OF
THE APPLICABLE INTEREST PERIOD, (II) LIBOR LOANS MAY NOT BE CONTINUED NOR MAY
BASE RATE LOANS BE CONVERTED INTO LIBOR LOANS DURING