THE COMPANY.
(J)
EACH LENDER'S COMPETITIVE LOAN SHALL BE
EVIDENCED BY THAT LENDER'S COMPETITIVE LOAN NOTE OR BY ONE OR MORE LOAN ACCOUNTS
OR RECORDS MAINTAINED BY SUCH LENDER IN THE ORDINARY COURSE OF BUSINESS, IN EACH
CASE SUBJECT TO SECTION 2.01 (B).
(K)
EACH COMPETITIVE LOAN SHALL BE DUE AND
PAYABLE ON THE MATURITY DATE OF SUCH COMPETITIVE LOAN.
SECTION 2.04.
PREPAYMENTS.
(A)
THE APPLICABLE BORROWER MAY AT ANY TIME AND
FROM TIME TO TIME VOLUNTARILY PREPAY COMMITTED LOANS IN A MINIMUM AMOUNT AFTER
DELIVERING AN IRREVOCABLE REQUISITE NOTICE NOT LATER THAN THE REQUISITE TIME FOR
PREPAYMENTS.
THE ADMINISTRATIVE AGENT WILL PROMPTLY NOTIFY EACH LENDER THEREOF
AND OF SUCH LENDER'S PRO RATA SHARE OF SUCH PREPAYMENT.
EACH PREPAYMENT BY A
BORROWER MUST BE MADE RATABLY TO ALL OUTSTANDING COMMITTED LOANS OF SUCH
BORROWER BORROWED ON THE SAME DAY.
(B)
IF FOR ANY REASON EITHER (I) THE SUM OF (A)
THE AGGREGATE LC EXPOSURE OF ALL LENDERS, (B) THE AGGREGATE PRINCIPAL AMOUNT OF
ALL DOLLAR LOANS MADE BY ALL LENDERS, (C) THE EQUIVALENT AMOUNT OF THE AGGREGATE
PRINCIPAL AMOUNT OF ALL FOREIGN CURRENCY LOANS MADE BY ALL LENDERS AND (D) THE
AGGREGATE PRINCIPAL AMOUNT OF ALL COMPETITIVE LOANS MADE BY ALL LENDERS, EXCEEDS
THE COMBINED COMMITMENTS IN EFFECT AT ANY TIME OR (II) THE EQUIVALENT AMOUNT OF
THE AGGREGATE PRINCIPAL AMOUNT OF ALL FOREIGN CURRENCY LOANS MADE BY THE LENDERS
EXCEEDS THE FOREIGN CURRENCY LIMIT, THEN UPON WRITTEN REQUEST OF THE
ADMINISTRATIVE AGENT THE COMPANY SHALL IMMEDIATELY PREPAY OR
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cause one or more Foreign Borrowers to immediately prepay Committed Loans
sufficient to cure such overage.
(C)
ANY PREPAYMENT OF AN IBOR LOAN SHALL BE
ACCOMPANIED BY ALL ACCRUED INTEREST THEREON, TOGETHER WITH THE COSTS SET FORTH
IN SECTION 3.05.
(D)
COMPETITIVE LOANS MAY NOT BE PREPAID UNLESS
(I) EXPRESSLY SO PROVIDED IN THE COMPETITIVE BID REQUEST AND COMPETITIVE BID FOR
SUCH COMPETITIVE LOAN OR (II) OTHERWISE AGREED BY THE COMPANY AND THE LENDER
MAKING SUCH COMPETITIVE LOAN AFTER NOTICE TO THE ADMINISTRATIVE AGENT.
(E)
THE COMPANY MAY FROM TIME TO TIME ELECT TO
PREPAY PURSUANT TO THE GUARANTY ALL OR PART OF ANY FOREIGN CURRENCY LOAN OF A
FOREIGN BORROWER AND SUCH PREPAYMENT BY THE COMPANY SHALL BE MADE IN THE MANNER
AND SUBJECT TO THE TERMS THAT A PREPAYMENT WOULD BE MADE BY THE FOREIGN BORROWER
UNDER THIS AGREEMENT.
SECTION 2.05.
VOLUNTARY REDUCTION OF COMMITMENTS.
The Company shall have the right, at any time and from time to time, without
penalty or charge, upon giving Requisite Notice not later than the Requisite
Time, voluntarily to reduce, permanently and irrevocably, in a Minimum Amount,
or to terminate, the then unused portion of the Commitments, provided that any
such reduction or termination shall be accompanied by payment of all accrued and
unpaid Facility Fees with respect to the portion of the Commitments being
reduced or terminated.
The Administrative Agent shall promptly notify the
Lenders of any reduction or termination of the Commitments under this Section.
Each Lender's Commitment shall