REQUIRED TO FINANCE THE
REIMBURSEMENT OF AN LC DISBURSEMENT AS CONTEMPLATED BY SECTION 2.05(E).
EACH
SWINGLINE LOAN SHALL BE IN AN AMOUNT THAT IS AN INTEGRAL MULTIPLE OF $100,000
AND NOT LESS THAN $100,000.
BORROWINGS OF MORE THAN ONE TYPE AND CLASS MAY BE
OUTSTANDING AT THE SAME TIME; PROVIDED THAT THERE SHALL NOT AT ANY TIME BE MORE
THAN A TOTAL OF 10 INTEREST PERIODS OUTSTANDING.
(D)
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE BORROWER SHALL
NOT BE ENTITLED TO REQUEST, OR TO ELECT TO CONVERT OR CONTINUE, ANY BORROWING IF
THE INTEREST PERIOD REQUESTED WITH RESPECT THERETO WOULD END AFTER THE MATURITY
DATE.
(E)
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, EACH LENDER AT ITS
OPTION MAY MAKE ANY ABR LOAN OR EURODOLLAR LOAN BY CAUSING ANY DOMESTIC OR
FOREIGN OFFICE, BRANCH OR AFFILIATE OF SUCH LENDER (AN "APPLICABLE LENDING
INSTALLATION") TO MAKE SUCH LOAN THAT HAS BEEN DESIGNATED BY SUCH LENDER TO THE
ADMINISTRATIVE AGENT.
ALL TERMS OF THIS AGREEMENT SHALL APPLY TO ANY SUCH
APPLICABLE LENDING INSTALLATION OF SUCH LENDER AND THE LOANS AND ANY NOTES
ISSUED HEREUNDER SHALL BE DEEMED HELD BY EACH LENDER FOR THE BENEFIT OF ANY SUCH
APPLICABLE LENDING INSTALLATION.
EACH LENDER MAY, BY WRITTEN NOTICE TO THE
ADMINISTRATIVE AGENT AND THE BORROWER, DESIGNATE REPLACEMENT OR ADDITIONAL
APPLICABLE LENDING INSTALLATIONS THROUGH WHICH LOANS WILL BE MADE BY IT AND FOR
WHOSE ACCOUNT LOAN PAYMENTS ARE TO BE MADE.
SECTION 2.03.
REQUESTS FOR REVOLVING BORROWINGS.
TO REQUEST A BORROWING, THE
BORROWER SHALL NOTIFY THE ADMINISTRATIVE AGENT OF SUCH REQUEST BY TELEPHONE
(A) IN THE CASE OF A EURODOLLAR BORROWING, NOT LATER THAN 12:00 NOON, NEW YORK
CITY TIME, THREE BUSINESS DAYS
21
BEFORE THE DATE OF THE PROPOSED BORROWING OR (B) IN THE CASE OF AN ABR
BORROWING, NOT LATER THAN 11:00 A.M., NEW YORK CITY TIME, ON THE DATE OF THE
PROPOSED BORROWING.
EACH SUCH TELEPHONIC BORROWING REQUEST SHALL BE IRREVOCABLE
AND SHALL BE CONFIRMED PROMPTLY BY HAND DELIVERY OR TELECOPY OR ELECTRONIC MAIL
TO THE ADMINISTRATIVE AGENT OF A WRITTEN BORROWING REQUEST IN A FORM APPROVED BY
THE ADMINISTRATIVE AGENT AND SIGNED BY THE BORROWER.
EACH SUCH TELEPHONIC AND
WRITTEN BORROWING REQUEST SHALL SPECIFY THE FOLLOWING INFORMATION IN COMPLIANCE
WITH SECTION 2.02:
(I)
THE AGGREGATE AMOUNT OF THE REQUESTED BORROWING;
(II)
THE DATE OF SUCH BORROWING, WHICH SHALL BE A BUSINESS DAY;
(III)
WHETHER SUCH BORROWING IS TO BE AN ABR BORROWING OR A EURODOLLAR
BORROWING;
(IV)
IN THE CASE OF A EURODOLLAR BORROWING, THE INITIAL INTEREST PERIOD
TO BE APPLICABLE THERETO, WHICH SHALL BE A PERIOD CONTEMPLATED BY CLAUSE (A) OF
THE DEFINITION OF THE TERM "INTEREST PERIOD"; AND
(V)
THE LOCATION AND NUMBER OF THE BORROWER'S ACCOUNT TO WHICH FUNDS
ARE TO BE DISBURSED, WHICH SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 2.07.
If no election as to the Type of such Borrowing is specified, then the requested
Borrowing shall be an ABR Borrowing.
If no Interest Period is specified with
respect to any such requested Eurodollar