RELATED NOTICE OF BORROWING.
(D)
MANDATORY BORROWINGS SHALL BE MADE UPON THE NOTICE SPECIFIED IN
SECTION 2.1(F), WITH THE BORROWER IRREVOCABLY AGREEING, BY ITS INCURRENCE OF ANY
SWINGLINE LOAN, TO THE MAKING OF MANDATORY BORROWINGS AS SET FORTH IN SUCH
SECTION.
(E)
BORROWINGS OF REVOLVING CREDIT LOANS TO REIMBURSE UNPAID DRAWINGS
UNDER LETTERS OF CREDIT SHALL BE MADE UPON THE NOTICE SPECIFIED IN
SECTION 3.4(A).
(F)
WITHOUT IN ANY WAY LIMITING THE OBLIGATION OF THE BORROWER TO
CONFIRM IN WRITING ANY NOTICE IT MAY GIVE HEREUNDER BY TELEPHONE, THE
ADMINISTRATIVE AGENT MAY ACT PRIOR TO RECEIPT OF WRITTEN CONFIRMATION WITHOUT
LIABILITY UPON THE BASIS OF SUCH TELEPHONIC NOTICE BELIEVED BY THE
ADMINISTRATIVE AGENT IN GOOD FAITH TO BE FROM AN AUTHORIZED OFFICER OF THE
BORROWER.
IN EACH SUCH CASE, THE BORROWER HEREBY WAIVES THE RIGHT TO DISPUTE
THE ADMINISTRATIVE AGENT'S RECORD OF THE TERMS OF ANY SUCH TELEPHONIC NOTICE.
2.4
DISBURSEMENT OF FUNDS NO LATER THAN 2:00 P.M. (NEW YORK TIME) ON
THE DATE SPECIFIED IN EACH NOTICE OF BORROWING (INCLUDING MANDATORY BORROWINGS),
EACH LENDER WILL MAKE AVAILABLE ITS PRO RATA PORTION, IF ANY, OF EACH BORROWING
REQUESTED TO BE MADE ON SUCH DATE IN THE MANNER PROVIDED BELOW; PROVIDED, THAT
ALL SWINGLINE LOANS SHALL BE MADE AVAILABLE IN THE FULL AMOUNT THEREOF BY THE
SWINGLINE LENDER NO LATER THAN 3:00 P.M. (NEW YORK TIME) ON THE DATE REQUESTED;
PROVIDED, FURTHER, THAT, FOR THE AVOIDANCE OF DOUBT, PRIOR TO THE 2011 FINAL
DATE, ALL BORROWINGS OF REVOLVING CREDIT LOANS HEREUNDER SHALL BE MADE BY EACH
LENDER WITH A REVOLVING CREDIT COMMITMENT PRO RATA BASED ON EACH SUCH LENDER'S
REVOLVING CREDIT COMMITMENT PERCENTAGE WITHOUT REGARD TO THE CLASS OF THE
REVOLVING CREDIT COMMITMENTS HELD BY SUCH LENDER.
(B)
EACH LENDER SHALL MAKE AVAILABLE ALL AMOUNTS IT IS TO FUND TO THE
BORROWER UNDER ANY BORROWING IN IMMEDIATELY AVAILABLE FUNDS TO THE
ADMINISTRATIVE AGENT AT THE ADMINISTRATIVE AGENT'S
45
OFFICE AND THE ADMINISTRATIVE AGENT WILL (EXCEPT IN THE CASE OF MANDATORY
BORROWINGS AND BORROWINGS TO REPAY UNPAID DRAWINGS UNDER REVOLVING CREDIT LOANS)
MAKE AVAILABLE TO THE BORROWER, BY DEPOSITING TO AN ACCOUNT DESIGNATED BY THE
BORROWER TO THE ADMINISTRATIVE AGENT IN WRITING, THE AGGREGATE OF THE AMOUNTS SO
MADE AVAILABLE IN DOLLARS.
UNLESS THE ADMINISTRATIVE AGENT SHALL HAVE BEEN
NOTIFIED BY ANY LENDER PRIOR TO THE DATE OF ANY SUCH BORROWING THAT SUCH LENDER
DOES NOT INTEND TO MAKE AVAILABLE TO THE ADMINISTRATIVE AGENT ITS PORTION OF THE
BORROWING OR BORROWINGS TO BE MADE ON SUCH DATE, THE ADMINISTRATIVE AGENT MAY
ASSUME THAT SUCH LENDER HAS MADE SUCH AMOUNT AVAILABLE TO THE ADMINISTRATIVE
AGENT ON SUCH DATE OF BORROWING, AND THE ADMINISTRATIVE AGENT, IN RELIANCE UPON
SUCH ASSUMPTION, MAY (IN ITS SOLE DISCRETION AND WITHOUT ANY OBLIGATION TO DO
SO) MAKE AVAILABLE TO THE BORROWER, AS THE CASE MAY BE, A CORRESPONDING AMOUNT.
IF SUCH CORRESPONDING AMOUNT IS NOT IN FACT MADE AVAILABLE TO THE ADMINISTRATIVE
AGENT BY SUCH LENDER AND THE ADMINISTRATIVE AGENT HAS MADE AVAILABLE SAME TO THE
BORROWER,