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ADMINISTRATIVE AGENT IN IMMEDIATELY AVAILABLE FUNDS NOT LATER THAN 4:00 P.M.
(CENTRAL TIME).
UNLESS THE ADMINISTRATIVE AGENT DETERMINES THAT ANY APPLICABLE
CONDITION SPECIFIED IN ARTICLE III HAS NOT BEEN SATISFIED, THE ADMINISTRATIVE
AGENT WILL MAKE AVAILABLE TO THE BORROWERS AT THE ADMINISTRATIVE AGENT'S
PRINCIPAL OFFICE IN DENVER, CO IN IMMEDIATELY AVAILABLE FUNDS NOT LATER THAN
4:00 P.M. (CENTRAL TIME) ON THE REQUESTED TERM LOAN DATE THE AMOUNT OF THE
REQUESTED TERM LOANS.
IF THE ADMINISTRATIVE AGENT HAS MADE A TERM LOAN TO THE
BORROWERS ON BEHALF OF A TERM LENDER BUT HAS NOT RECEIVED THE AMOUNT OF SUCH
TERM LOAN FROM SUCH LENDER BY THE TIME HEREIN REQUIRED, SUCH LENDER SHALL PAY
INTEREST TO THE ADMINISTRATIVE AGENT ON THE AMOUNT SO ADVANCED AT THE FEDERAL
FUNDS RATE FROM THE DATE OF SUCH TERM LOAN TO THE DATE FUNDS ARE RECEIVED BY THE
ADMINISTRATIVE AGENT FROM SUCH LENDER, SUCH INTEREST TO BE PAYABLE WITH SUCH
REMITTANCE FROM SUCH LENDER OF THE PRINCIPAL AMOUNT OF SUCH TERM LOAN (PROVIDED,
HOWEVER, THAT THE ADMINISTRATIVE AGENT SHALL NOT MAKE ANY TERM LOAN ON BEHALF OF
A LENDER IF THE ADMINISTRATIVE AGENT HAS RECEIVED PRIOR NOTICE FROM SUCH LENDER
THAT IT WILL NOT MAKE SUCH TERM LOAN).
IF THE ADMINISTRATIVE AGENT DOES NOT
RECEIVE PAYMENT FROM SUCH LENDER BY THE NEXT BUSINESS DAY AFTER THE DATE OF ANY
TERM LOAN, THE ADMINISTRATIVE AGENT SHALL BE ENTITLED TO RECOVER SUCH TERM LOAN,
WITH INTEREST THEREON AT THE RATE (OR RATES) THEN APPLICABLE TO SUCH TERM LOAN,
ON DEMAND, FROM THE BORROWERS, WITHOUT PREJUDICE TO THE ADMINISTRATIVE AGENT'S
AND THE BORROWERS' RIGHTS AGAINST SUCH LENDER.
IF SUCH LENDER PAYS THE
ADMINISTRATIVE AGENT THE AMOUNT HEREIN REQUIRED WITH INTEREST AT THE FEDERAL
FUNDS RATE BEFORE THE ADMINISTRATIVE AGENT HAS RECOVERED FROM THE BORROWERS,
SUCH LENDER SHALL BE ENTITLED TO THE INTEREST PAYABLE BY THE BORROWERS WITH
RESPECT TO THE TERM LOAN IN QUESTION ACCRUING FROM THE DATE THE ADMINISTRATIVE
AGENT MADE SUCH TERM LOAN.
(C)
PROCEDURE FOR SWING LINE LOANS.
NOT LATER
THAN 2:00 P.M. (CENTRAL TIME) ON THE REQUESTED SWING LINE LOAN DATE, BORROWER'S
AGENT SHALL SUBMIT TO THE SWING LINE LENDER A VERBAL, WRITTEN OR ELECTRONIC
REQUEST FOR BORROWING.
EACH REQUEST FOR SWING LINE LOANS HEREUNDER SHALL BE
IRREVOCABLE AND SHALL BE DEEMED A REPRESENTATION BY EACH BORROWER THAT ON THE
REQUESTED SWING LINE LOAN DATE AND AFTER GIVING EFFECT TO THE REQUESTED SWING
LINE LOANS THE APPLICABLE CONDITIONS SPECIFIED IN ARTICLE III HAVE BEEN AND WILL
BE SATISFIED.
EACH REQUEST FOR SWING LINE LOANS HEREUNDER SHALL SPECIFY (I) THE
REQUESTED SWING LINE LOAN DATE, AND (II) THE AGGREGATE AMOUNT OF SWING LINE
LOANS TO BE MADE ON SUCH DATE.
THE ADMINISTRATIVE AGENT MAY RELY ON ANY
TELEPHONE REQUEST OF THE BORROWER'S AGENT FOR SWING LINE LOANS HEREUNDER WHICH
IT BELIEVES IN GOOD FAITH TO BE GENUINE; AND EACH BORROWER HEREBY WAIVES THE
RIGHT TO DISPUTE THE ADMINISTRATIVE AGENT'S RECORD OF THE TERMS OF SUCH
TELEPHONE REQUEST.
UNLESS THE SWING LINE LENDER DETERMINES THAT