OR THE COMPANY ON ITS BEHALF.
NOTWITHSTANDING
ANY CONTRARY PROVISION HEREIN, THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT ANY
BORROWER TO (I) CHANGE THE CURRENCY OF ANY BORROWING, (II) ELECT AN INTEREST
PERIOD FOR EUROCURRENCY LOANS OR TIBOR LOANS THAT DOES NOT COMPLY WITH
SECTION 2.02(D) OR (III) CONVERT ANY BORROWING TO A BORROWING OF A TYPE NOT
AVAILABLE UNDER THE CLASS OF COMMITMENTS PURSUANT TO WHICH SUCH BORROWING WAS
MADE.
(C)
EACH TELEPHONIC AND WRITTEN INTEREST ELECTION REQUEST SHALL SPECIFY THE
FOLLOWING INFORMATION IN COMPLIANCE WITH SECTION 2.02:
(I) THE BORROWING TO WHICH SUCH INTEREST ELECTION REQUEST APPLIES AND, IF
DIFFERENT OPTIONS ARE BEING ELECTED WITH RESPECT TO DIFFERENT PORTIONS THEREOF,
THE PORTIONS THEREOF TO BE ALLOCATED TO EACH RESULTING BORROWING (IN WHICH CASE
THE INFORMATION TO BE SPECIFIED PURSUANT TO CLAUSES (III) AND (IV) BELOW SHALL
BE SPECIFIED FOR EACH RESULTING BORROWING);
(II) THE EFFECTIVE DATE OF THE ELECTION MADE PURSUANT TO SUCH INTEREST ELECTION
REQUEST, WHICH SHALL BE A BUSINESS DAY;
(III) THE TYPE OF THE RESULTING BORROWING; AND
(IV) IF THE RESULTING BORROWING IS TO BE A EUROCURRENCY BORROWING OR A TIBOR
BORROWING, THE INTEREST PERIOD TO BE APPLICABLE THERETO AFTER GIVING EFFECT TO
SUCH ELECTION, WHICH SHALL BE A PERIOD CONTEMPLATED BY THE DEFINITION OF THE
TERM "INTEREST PERIOD".
If any such Interest Election Request requests a Eurocurrency Borrowing or a
TIBOR Borrowing but does not specify an Interest Period, then the Borrower shall
be deemed to have selected an Interest Period of one month's duration.
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(D)
PROMPTLY FOLLOWING RECEIPT OF AN INTEREST ELECTION REQUEST, THE APPLICABLE
AGENT SHALL ADVISE EACH LENDER HOLDING A LOAN TO WHICH SUCH REQUEST RELATES OF
THE DETAILS THEREOF AND OF SUCH LENDER'S PORTION OF EACH RESULTING BORROWING.
(E)
IF THE RELEVANT BORROWER FAILS TO DELIVER A TIMELY INTEREST ELECTION
REQUEST WITH RESPECT TO A EUROCURRENCY BORROWING OR TIBOR BORROWING PRIOR TO THE
END OF THE INTEREST PERIOD APPLICABLE THERETO, THEN, UNLESS SUCH BORROWING IS
REPAID AS PROVIDED HEREIN, AT THE END OF SUCH INTEREST PERIOD, SUCH BORROWING
SHALL (I) IN THE CASE OF A BORROWING DENOMINATED IN US DOLLARS, BE CONVERTED TO
AN ABR BORROWING, (II) IN THE CASE OF A JAPANESE TRANCHE REVOLVING BORROWING
DENOMINATED IN YEN, BE CONVERTED INTO A YEN BASE RATE REVOLVING BORROWING AND
(III) IN THE CASE OF ANY OTHER EUROCURRENCY BORROWING, BECOME DUE AND PAYABLE ON
THE LAST DAY OF SUCH INTEREST PERIOD.
SECTION 2.09.
TERMINATION AND REDUCTION OF COMMITMENTS.
(A)
UNLESS PREVIOUSLY
TERMINATED, THE COMMITMENTS SHALL TERMINATE ON THE MATURITY DATE; PROVIDED THAT
THE COMMITMENTS SHALL TERMINATE AT 5:00 P.M., NEW YORK CITY TIME, ON SEPTEMBER
30, 2006, IF THE EFFECTIVE DATE SHALL NOT HAVE OCCURRED PRIOR TO SUCH TIME.
(B)
THE COMPANY MAY AT ANY TIME TERMINATE, OR FROM TIME TO TIME REDUCE, THE
COMMITMENTS OF ANY CLASS; PROVIDED THAT (I) EACH REDUCTION OF THE COMMITMENTS OF
ANY CLASS SHALL BE IN AN AMOUNT THAT IS AN INTEGRAL MULTIPLE OF THE BORROWING
MULTIPLE AND NOT LESS THAN THE