OF THIS INDENTURE.
(B)
A REFINANCING OF ANY SERIES OF NOTES IN WHOLE MAY OCCUR ON ANY
PAYMENT DATE AS PROVIDED IN THE SUPPLEMENT FOR SUCH SERIES OF NOTES AND SHALL BE
EFFECTED AS AN OPTIONAL REDEMPTION PURSUANT TO SECTION 3.16 HEREOF.
ON THE DATE
OF ANY REFINANCING, WEST SHALL ISSUE AND SELL AN AGGREGATE PRINCIPAL AMOUNT OF
ADDITIONAL NOTES NOT TO EXCEED THE REDEMPTION PRICE OF THE NOTES BEING
REFINANCED THEREBY PLUS THE REFINANCING EXPENSES RELATING THERETO AND, IN THE
CASE OF AN ADDITIONAL SERIES OF SERIES B NOTES, ANY INCREASE IN THE JUNIOR
RESTRICTED CASH AMOUNT.
THE PROCEEDS OF EACH SALE OF ADDITIONAL NOTES SHALL BE
USED TO MAKE THE DEPOSIT REQUIRED BY SECTION 3.17(B) HEREOF AND TO PAY SUCH
REFINANCING EXPENSES.
63
(C)
EACH ADDITIONAL NOTE SHALL CONTAIN SUCH TERMS AS MAY BE
ESTABLISHED IN OR PURSUANT TO THE SUPPLEMENT HERETO PROVIDING FOR THE ISSUANCE
OF SUCH NOTES OR SPECIFIED IN THE FORM OF SUCH NOTES TO THE EXTENT PERMITTED
BELOW (SUBJECT TO SECTION 2.01 HEREOF), AND SHALL HAVE THE SAME RANKING PURSUANT
TO SECTION 3.15 HEREOF AS THE NOTES OF THE CLASS AND SERIES TO WHICH SUCH
ADDITIONAL NOTES BELONG (AND, WITH RESPECT TO OTHER SERIES HAVING THE SAME
ALPHABETICAL DESIGNATION, AS PROVIDED IN SECTION 3.15 HEREOF).
NOT LESS THAN
TEN (10) BUSINESS DAYS PRIOR TO ANY ADDITIONAL ISSUANCE (UNLESS THE PARTIES
AGREE TO A SHORTER PERIOD), WEST SHALL HAVE GIVEN THE INDENTURE TRUSTEE, THE
SERVICER, EACH RATING AGENCY, THE SENIOR LIQUIDITY PROVIDER AND, IF SUCH
ADDITIONAL SERIES IS TO BE REGISTERED PURSUANT TO THE SECURITIES ACT, ALL RATING
AGENCIES THAT HAVE RATED ANY PRIOR SERIES ENTITLED THERETO PURSUANT TO THE
RELEVANT SUPPLEMENT, WRITTEN NOTICE OF ANY OR ALL OF THE FOLLOWING, AS
APPLICABLE, WITH RESPECT TO THE RELATED ADDITIONAL ISSUANCE, WHICH SHALL BE SET
FORTH IN THE SUPPLEMENT HERETO OR SPECIFIED IN THE FORM OF SUCH NOTES, AS THE
CASE MAY BE (PROVIDED THAT THE NOTICE GIVEN PURSUANT TO SECTION 9.06 OF THE
ORIGINAL INDENTURE WITH RESPECT TO ANY SERIES OF ADDITIONAL NOTES ISSUED ON THE
EFFECTIVE DATE SHALL BE DEEMED TO SATISFY THE REQUIREMENT TO DELIVER THE NOTICES
DESCRIBED IN CLAUSES (C) AND (D)(I) OF THIS SECTION 2.10):
(I)
THE SERIES OF SUCH ADDITIONAL NOTES AND, IF SUCH ADDITIONAL NOTES
ARE TO BE ISSUED IN A REFINANCING, THE SERIES OF NOTES TO BE REFINANCED IN SUCH
REFINANCING; AND
(II)
WITH RESPECT TO EACH SUCH SERIES OF ADDITIONAL NOTES:
(A)
THE AGGREGATE PRINCIPAL AMOUNT OF ANY SUCH ADDITIONAL NOTES
WHICH MAY BE ISSUED;
(B)
THE PROPOSED DATE OF SUCH ADDITIONAL ISSUANCE;
(C)
THE FINAL MATURITY DATE OF ANY SUCH ADDITIONAL NOTES;
(D)
(1) ANY INCREASE IN THE SENIOR LIQUIDITY FACILITY MAXIMUM
COMMITMENT, AND, IF SO, THE AMOUNT THEREOF, WHICH MAY BE EFFECTED BY AN
AMENDMENT OF THE SENIOR LIQUIDITY FACILITY OR BY WEST ENTERING INTO A NEW SENIOR
LIQUIDITY FACILITY, AS PROVIDED IN SECTION 2.10(E), AND/OR (2) ANY INCREASE IN
THE JUNIOR RESTRICTED CASH AMOUNT;
(E)
WHETHER THERE WILL BE ANY ENHANCEMENT AGREEMENT IN