APPLY MUTATIS MUTANDIS WITH RESPECT TO SUCH PORTION OF THE LOANS
SO THAT THE BORROWERS MAY HAVE THE SAME INTEREST RATE OPTIONS WITH RESPECT TO
SUCH PORTION OF THE LOANS OUTSTANDING FROM TIME TO TIME.
2.3.5
AMOUNTS, ETC.
ANY PORTION OF THE LOAN BEARING
INTEREST AT THE LIBOR RATE RELATING TO ANY INTEREST PERIOD SHALL BE IN THE
AMOUNT OF $1,000,000 OR AN INTEGRAL AMOUNT THEREOF. NO INTEREST PERIOD RELATING
TO THE TERM LOAN OR ANY PORTION THEREOF BEARING INTEREST AT THE LIBOR RATE SHALL
EXTEND BEYOND THE DATE ON WHICH A REGULARLY SCHEDULED INSTALLMENT PAYMENT OF THE
PRINCIPAL OF THE TERM LOAN IS TO BE MADE UNLESS A PORTION OF THE TERM LOAN AT
LEAST EQUAL TO SUCH INSTALLMENT PAYMENT HAS AN INTEREST PERIOD ENDING ON SUCH
DATE OR IS THEN BEARING INTEREST AT THE BASE RATE.
2.4
SWINGLINE LOANS.
2.4.1
SWINGLINE COMMITMENT.
SUBJECT TO THE TERMS AND
CONDITIONS SET FORTH HEREIN, THE SWINGLINE LENDER AGREES TO MAKE SWINGLINE LOANS
TO THE BORROWERS FROM TIME TO TIME PRIOR TO THE REVOLVER MATURITY DATE (THE
"SWINGLINE COMMITMENT"), IN AN AGGREGATE PRINCIPAL AMOUNT AT ANY TIME
OUTSTANDING THAT WILL NOT RESULT IN (I) THE AGGREGATE PRINCIPAL AMOUNT OF
OUTSTANDING SWINGLINE LOANS EXCEEDING $25,000,000, OR (II) THE AGGREGATE
REVOLVING EXPOSURE EXCEEDING THE REVOLVING CREDIT LIMIT; PROVIDED, THAT THE
SWINGLINE LENDER SHALL NOT BE REQUIRED TO MAKE A SWINGLINE LOAN TO REFINANCE AN
OUTSTANDING SWINGLINE LOAN. WITHIN THE FOREGOING LIMITS AND SUBJECT TO THE TERMS
AND CONDITIONS SET FORTH HEREIN, THE BORROWERS MAY BORROW, REPAY AND REBORROW
SWINGLINE LOANS.
2.4.2
SWINGLINE LOAN BORROWING PROCEDURE.
TO REQUEST A
SWINGLINE LOAN, THE BORROWERS SHALL DELIVER A DULY COMPLETED AND EXECUTED
WRITTEN NOTICE IN THE FORM OF EXHIBIT 2.4.2 TO THE ADMINISTRATIVE AGENT AND THE
SWINGLINE LENDER NOT LATER THAN 2:00 P.M. BOSTON TIME, ON THE DAY (WHICH SHALL
BE A BUSINESS DAY) OF A PROPOSED SWINGLINE LOAN (A "SWINGLINE LOAN REQUEST").
EACH SUCH REQUEST SHALL BE IRREVOCABLE AND SHALL SPECIFY THE AMOUNT OF THE
REQUESTED SWINGLINE LOAN.
EACH SWINGLINE LOAN SHALL BE A BASE RATE LOAN. THE
SWINGLINE LENDER SHALL MAKE EACH SWINGLINE LOAN AVAILABLE TO THE BORROWERS BY
MEANS OF A CREDIT TO THE GENERAL DEPOSIT ACCOUNT OF A BORROWER WITH THE
SWINGLINE LENDER (OR, IN THE CASE OF A SWINGLINE LOAN MADE TO FINANCE THE
REPAYMENT OF A REIMBURSEMENT OBLIGATION AS PROVIDED IN SECTION 5.2, BY
REMITTANCE TO THE ISSUING BANK) BY 3:00 P.M. BOSTON TIME, ON THE REQUESTED DATE
OF SUCH SWINGLINE LOAN. THE BORROWERS SHALL NOT REQUEST A SWINGLINE LOAN IF AT
THE TIME OF OR IMMEDIATELY AFTER GIVING EFFECT TO THE ADVANCE CONTEMPLATED BY
SUCH REQUEST A DEFAULT HAS OCCURRED AND IS CONTINUING OR WOULD RESULT
THEREFROM.
EACH SWINGLINE LOAN REQUEST SHALL BE MADE IN A MINIMUM
31
AGGREGATE AMOUNT OF $500,000 OR INTEGRAL MULTIPLES OF $100,000 IN EXCESS
THEREOF.
2.4.3
PREPAYMENT.
THE BORROWERS SHALL HAVE THE RIGHT AT
ANY TIME AND FROM TIME TO TIME TO REPAY ANY SWINGLINE LOAN, IN WHOLE OR IN PART,
BEFORE 2:00 P.M.