approved by the Administrative Agent) 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)
WHETHER THE REQUESTED BORROWING IS TO BE
A REVOLVING LOAN BORROWING, A TERM LOAN BORROWING OR AN INCREMENTAL LOAN
BORROWING (INCLUDING, IF APPLICABLE, THE RESPECTIVE SERIES OF INCREMENTAL LOANS
TO WHICH SUCH BORROWING RELATES);
(II)
THE AGGREGATE AMOUNT OF SUCH BORROWING;
(III)
THE DATE OF SUCH BORROWING, WHICH SHALL BE A
BUSINESS DAY;
(IV)
WHETHER SUCH BORROWING IS TO BE A EURODOLLAR
BORROWING OR ABR BORROWING;
(V)
IN THE CASE OF A EURODOLLAR BORROWING, THE
INITIAL INTEREST PERIOD TO BE APPLICABLE THERETO, WHICH SHALL BE A PERIOD
CONTEMPLATED BY THE DEFINITION OF THE TERM "INTEREST PERIOD"; AND
(VI)
THE LOCATION AND NUMBER OF THE BORROWER'S
ACCOUNT TO WHICH FUNDS ARE TO BE DISBURSED, WHICH SHALL COMPLY WITH THE
REQUIREMENTS OF SECTION 2.06.
If no election as to the Type of Borrowing is specified for a Revolving Loan, a
Term Loan or an Incremental Loan, then the requested Borrowing shall be an ABR
Borrowing.
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If no Interest Period is specified with respect to any requested Eurodollar
Borrowing, then the Borrower shall be deemed to have selected an Interest Period
of one month's duration.
Promptly following receipt of a Borrowing Request in
accordance with this Section, the Administrative Agent shall advise each Lender
of the details thereof and of the amount of such Lender's Loan to be made as
part of the requested Borrowing.
Notwithstanding the foregoing, the Types and
(if applicable) durations of Interest Periods for the initial Borrowings
hereunder shall be as specified in the Borrowing Request delivered pursuant to
Section 4.01(q).
Section 2.04
Swingline Loans.
(A)
SUBJECT TO THE TERMS AND CONDITIONS SET
FORTH HEREIN, THE SWINGLINE LENDER AGREES TO MAKE SWINGLINE LOANS TO THE
BORROWER FROM TIME TO TIME DURING THE REVOLVING AVAILABILITY PERIOD, IN AN
AGGREGATE PRINCIPAL AMOUNT AT ANY TIME OUTSTANDING THAT WILL NOT RESULT IN (I)
THE AGGREGATE PRINCIPAL AMOUNT OF OUTSTANDING SWINGLINE LOANS EXCEEDING
$10,000,000 OR (II) THE SUM OF THE TOTAL REVOLVING EXPOSURES EXCEEDING THE TOTAL
REVOLVING COMMITMENTS.
WITHIN THE FOREGOING LIMITS AND SUBJECT TO THE TERMS AND
CONDITIONS SET FORTH HEREIN, THE BORROWER MAY BORROW, PREPAY AND REBORROW
SWINGLINE LOANS, PROVIDED THAT THE SWINGLINE LENDER SHALL NOT BE REQUIRED TO
MAKE A SWINGLINE LOAN TO REFINANCE AN OUTSTANDING SWINGLINE LOAN.
(B)
TO REQUEST A SWINGLINE LOAN, THE BORROWER
SHALL NOTIFY THE ADMINISTRATIVE AGENT OF SUCH REQUEST BY TELEPHONE (CONFIRMED BY
TELECOPY (OR BY ELECTRONIC COMMUNICATION, IF ARRANGEMENTS FOR DOING SO HAVE BEEN
APPROVED BY THE ADMINISTRATIVE AGENT)), NOT LATER THAN 12:00 NOON, NEW YORK CITY
TIME, ON THE DAY OF A PROPOSED SWINGLINE LOAN.
EACH SUCH NOTICE SHALL BE
IRREVOCABLE AND SHALL SPECIFY THE REQUESTED DATE (WHICH SHALL BE A BUSINESS DAY)
AND AMOUNT OF THE REQUESTED SWINGLINE LOAN.
THE ADMINISTRATIVE AGENT WILL
PROMPTLY ADVISE