BEAR INTEREST
AT THE FLOATING RATE OR SUCH OTHER RATE PER ANNUM AS SHALL BE AGREED TO BY THE
SWING LINE LENDER AND THE BORROWER.
2.4.3
MAKING OF SWING LINE LOANS.
PROMPTLY AFTER RECEIPT OF A SWING LINE
BORROWING NOTICE, THE AGENT SHALL NOTIFY EACH LENDER BY FAX OR OTHER SIMILAR
FORM OF TRANSMISSION, OF THE REQUESTED SWING LINE LOAN.
NOT LATER THAN 4:00
P.M. (CHICAGO TIME) ON THE APPLICABLE BORROWING DATE, THE SWING LINE LENDER
SHALL MAKE AVAILABLE THE SWING LINE LOAN, IN FUNDS IMMEDIATELY AVAILABLE IN
CHICAGO, TO THE AGENT AT ITS ADDRESS SPECIFIED PURSUANT TO ARTICLE XIII.
THE
AGENT WILL PROMPTLY MAKE THE FUNDS SO RECEIVED FROM THE SWING LINE LENDER
AVAILABLE TO THE BORROWER ON THE BORROWING DATE AT THE AGENT'S AFORESAID ADDRESS
IN AN ACCOUNT MAINTAINED AND DESIGNATED BY THE BORROWER.
2.4.4
REPAYMENT OF SWING LINE LOANS.
EACH SWING LINE LOAN SHALL BE PAID IN
FULL BY THE BORROWER ON OR BEFORE THE FIFTH (5TH) BUSINESS DAY AFTER THE
BORROWING DATE
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FOR SUCH SWING LINE LOAN.
IN ADDITION, THE SWING LINE LENDER (I) MAY AT ANY
TIME IN ITS SOLE DISCRETION WITH RESPECT TO ANY OUTSTANDING SWING LINE LOAN, OR
(II) SHALL, ON THE FIFTH (5TH) BUSINESS DAY AFTER THE BORROWING DATE OF ANY
SWING LINE LOAN, REQUIRE EACH LENDER (INCLUDING THE SWING LINE LENDER) TO MAKE A
REVOLVING LOAN IN THE AMOUNT OF SUCH LENDER'S PRO RATA SHARE OF SUCH SWING LINE
LOAN (INCLUDING, WITHOUT LIMITATION, ANY INTEREST ACCRUED AND UNPAID THEREON),
FOR THE PURPOSE OF REPAYING SUCH SWING LINE LOAN.
NOT LATER THAN 2:00 P.M.
(CHICAGO TIME) ON THE DATE OF ANY NOTICE RECEIVED PURSUANT TO THIS SECTION
2.4.4, EACH LENDER SHALL MAKE AVAILABLE ITS REQUIRED REVOLVING LOAN, IN FUNDS
IMMEDIATELY AVAILABLE IN CHICAGO TO THE AGENT AT ITS ADDRESS SPECIFIED PURSUANT
TO ARTICLE XIII.
REVOLVING LOANS MADE PURSUANT TO THIS SECTION 2.4.4 SHALL
INITIALLY BE FLOATING RATE LOANS AND THEREAFTER MAY BE CONTINUED AS FLOATING
RATE LOANS OR CONVERTED INTO EURODOLLAR LOANS IN THE MANNER PROVIDED IN SECTION
2.9 AND SUBJECT TO THE OTHER CONDITIONS AND LIMITATIONS SET FORTH IN THIS
ARTICLE II.
UNLESS A LENDER SHALL HAVE NOTIFIED THE SWING LINE LENDER, PRIOR TO
ITS MAKING ANY SWING LINE LOAN, THAT ANY APPLICABLE CONDITION PRECEDENT SET
FORTH IN SECTIONS 4.1 OR 4.2 HAD NOT THEN BEEN SATISFIED, SUCH LENDER'S
OBLIGATION TO MAKE REVOLVING LOANS PURSUANT TO THIS SECTION 2.4.4 TO REPAY SWING
LINE LOANS SHALL BE UNCONDITIONAL, CONTINUING, IRREVOCABLE AND ABSOLUTE AND
SHALL NOT BE AFFECTED BY ANY CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, (A)
ANY SET-OFF, COUNTERCLAIM, RECOUPMENT, DEFENSE OR OTHER RIGHT WHICH SUCH LENDER
MAY HAVE AGAINST THE AGENT, THE SWING LINE LENDER OR ANY OTHER PERSON, (B) THE
OCCURRENCE OR CONTINUANCE OF A DEFAULT OR UNMATURED DEFAULT, (C) ANY ADVERSE
CHANGE IN THE CONDITION (FINANCIAL OR OTHERWISE) OF THE BORROWER, OR (D) ANY
OTHER CIRCUMSTANCES, HAPPENING OR EVENT WHATSOEVER.
IN THE EVENT THAT ANY
LENDER FAILS TO MAKE PAYMENT TO THE AGENT OF ANY AMOUNT DUE UNDER THIS