WORD "HEREIN" OR "HEREOF" IS USED IN ANY LOAN
DOCUMENT, IT IS A REFERENCE TO THAT ENTIRE LOAN DOCUMENT AND NOT JUST TO THE
SUBDIVISION OF IT IN WHICH THE WORD IS USED.
(F)
REFERENCES IN ANY LOAN DOCUMENT TO SECTION NUMBERS ARE REFERENCES
TO THE SECTIONS OF SUCH LOAN DOCUMENT.
(G)
REFERENCES IN ANY LOAN DOCUMENT TO EXHIBITS, SCHEDULES, ANNEXES
AND APPENDICES ARE TO THE EXHIBITS, SCHEDULES, ANNEXES AND APPENDICES TO SUCH
LOAN DOCUMENT, AND THEY SHALL BE DEEMED INCORPORATED INTO SUCH LOAN DOCUMENT BY
REFERENCE.
(H)
ANY TERM DEFINED IN THE LOAN DOCUMENTS WHICH REFERS TO A
PARTICULAR AGREEMENT, INSTRUMENT OR DOCUMENT SHALL ALSO MEAN, REFER TO AND
INCLUDE ALL MODIFICATIONS, AMENDMENTS, SUPPLEMENTS, RESTATEMENTS, RENEWALS,
EXTENSIONS AND SUBSTITUTIONS OF THE SAME; PROVIDED THAT NOTHING IN THIS
SUBSECTION SHALL BE CONSTRUED TO AUTHORIZE ANY SUCH MODIFICATION, AMENDMENT,
SUPPLEMENT, RESTATEMENT, RENEWAL, EXTENSION OR SUBSTITUTION EXCEPT AS MAY BE
PERMITTED BY OTHER PROVISIONS OF THE LOAN DOCUMENTS.
(I)
ALL TIMES OF DAY USED IN THE LOAN DOCUMENTS MEAN LOCAL TIME IN
NEW YORK, NEW YORK.
(J)
DEFINED TERMS MAY BE USED IN THE SINGULAR OR PLURAL, AS THE
CONTEXT REQUIRES.
ARTICLE II - LOANS; ETC.
Section 2.1
Loans.
(A)
SUBJECT TO THE TERMS AND CONDITIONS HEREOF, EACH LENDER SEVERALLY
AGREES TO MAKE UP TO TWO LOANS TO THE COMPANY FROM TIME TO TIME ON OR PRIOR TO
THE COMMITMENT TERMINATION DATE, IN AN AGGREGATE PRINCIPAL AMOUNT AT ANY ONE
TIME OUTSTANDING UP TO BUT NOT EXCEEDING SUCH LENDER'S UNUSED COMMITMENT ON SUCH
DATE.
LOANS REPAID MAY NOT BE REBORROWED PURSUANT TO THE TERMS OF THIS
AGREEMENT.
EACH LOAN SHALL BE IN AN AMOUNT OF AT LEAST (I) $10,000,000 OR
(II) THE UNUSED COMMITMENT OF THE LENDERS, WHICHEVER IS LESS.
EACH REPAYMENT OF
THE LOANS SHALL BE IN AN AMOUNT OF AT LEAST $10,000,000 OR, IF LESS, THE CURRENT
SUM.
(B)
THE COMPANY SHALL GIVE THE AGENT NOTICE OF A REQUEST FOR A LOAN IN
ACCORDANCE WITH SECTION 3.1 HEREOF.
UPON RECEIPT OF EACH SUCH NOTICE, THE AGENT
SHALL PROMPTLY GIVE EACH OF THE LENDERS NOTICE OF RECEIPT THEREOF, WHICH NOTICE
MAY BE BY TELEPHONE OR FACSIMILE.
NOT LATER THAN 12:00 NOON ON THE DATE
SPECIFIED FOR THE MAKING OF SUCH LOAN, EACH LENDER SHALL MAKE AVAILABLE TO THE
AGENT, AT THE AGENT'S ACCOUNT, SUCH LENDER'S COMMITMENT PERCENTAGE OF SUCH LOAN
IN IMMEDIATELY AVAILABLE FUNDS FOR THE ACCOUNT OF THE COMPANY.
THE AMOUNT SO
RECEIVED BY THE AGENT SHALL, SUBJECT TO THE TERMS
19
AND CONDITIONS OF THIS AGREEMENT, BE MADE AVAILABLE TO THE COMPANY BY DEPOSITING
SAME, IN IMMEDIATELY AVAILABLE FUNDS, IN AN ACCOUNT DESIGNATED BY THE COMPANY
MAINTAINED WITH THE AGENT OR WITH ANOTHER FINANCIAL INSTITUTION REASONABLY
ACCEPTABLE TO THE AGENT.
IF A REQUESTED LOAN SHALL NOT OCCUR ON ANY DATE
SPECIFIED BY THE COMPANY AS SET FORTH IN THE APPLICABLE REQUEST FOR EXTENSION OF
CREDIT AND CERTIFICATE OF NO DEFAULT BECAUSE ALL OF THE CONDITIONS FOR SUCH LOAN
SET FORTH HEREIN OR IN ANY OF THE OTHER LOAN