"RESET
DATE"), SHALL REMAIN EFFECTIVE UNTIL THE NEXT SUCCEEDING RESET DATE, AND SHALL
FOR ALL PURPOSES OF
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THIS AGREEMENT (OTHER THAN SECTION 11.13 OR ANY OTHER PROVISION EXPRESSLY
REQUIRING THE USE OF A CURRENT EXCHANGE RATE) BE THE EXCHANGE RATES EMPLOYED IN
CONVERTING ANY AMOUNTS BETWEEN US DOLLARS AND DESIGNATED FOREIGN CURRENCIES.
(B)
NOT LATER THAN 5:00 P.M., NEW YORK CITY TIME, ON EACH RESET DATE AND EACH
DATE ON WHICH REVOLVING LOANS DENOMINATED IN ANY DESIGNATED FOREIGN CURRENCY ARE
MADE, THE ADMINISTRATIVE AGENT SHALL (I) DETERMINE THE AGGREGATE AMOUNT OF THE
US DOLLAR EQUIVALENTS OF THE PRINCIPAL AMOUNTS OF THE REVOLVING LOANS OF EACH
CLASS DENOMINATED IN DESIGNATED FOREIGN CURRENCIES (AFTER GIVING EFFECT TO ANY
REVOLVING LOANS MADE OR REPAID ON SUCH DATE) AND (II) NOTIFY THE LENDERS AND THE
COMPANY OF THE RESULTS OF SUCH DETERMINATION.
SECTION 1.06.
REDENOMINATION OF CERTAIN FOREIGN CURRENCIES.
(A)
EACH
OBLIGATION OF ANY PARTY TO THIS AGREEMENT TO MAKE A PAYMENT DENOMINATED IN THE
NATIONAL CURRENCY UNIT OF ANY MEMBER STATE OF THE EUROPEAN UNION THAT ADOPTS THE
EURO AS ITS LAWFUL CURRENCY AFTER THE DATE HEREOF SHALL BE REDENOMINATED INTO
EURO AT THE TIME OF SUCH ADOPTION (IN ACCORDANCE WITH THE EMU LEGISLATION).
IF,
IN RELATION TO THE CURRENCY OF ANY SUCH MEMBER STATE, THE BASIS OF ACCRUAL OF
INTEREST EXPRESSED IN THIS AGREEMENT IN RESPECT OF THAT CURRENCY SHALL BE
INCONSISTENT WITH ANY CONVENTION OR PRACTICE IN THE LONDON INTERBANK MARKET FOR
THE BASIS OF ACCRUAL OF INTEREST IN RESPECT OF THE EURO, SUCH EXPRESSED BASIS
SHALL BE REPLACED BY SUCH CONVENTION OR PRACTICE WITH EFFECT FROM THE DATE ON
WHICH SUCH MEMBER STATE ADOPTS THE EURO AS ITS LAWFUL CURRENCY; PROVIDED THAT IF
ANY BORROWING IN THE CURRENCY OF SUCH MEMBER STATE IS OUTSTANDING IMMEDIATELY
PRIOR TO SUCH DATE, SUCH REPLACEMENT SHALL TAKE EFFECT, WITH RESPECT TO SUCH
BORROWING, AT THE END OF THE THEN CURRENT INTEREST PERIOD.
(B)
EACH PROVISION OF THIS AGREEMENT SHALL BE SUBJECT TO SUCH REASONABLE
CHANGES OF CONSTRUCTION AS THE ADMINISTRATIVE AGENT MAY FROM TIME TO TIME
SPECIFY TO BE APPROPRIATE TO REFLECT THE ADOPTION OF THE EURO BY ANY MEMBER
STATE OF THE EUROPEAN UNION AND ANY RELEVANT MARKET CONVENTIONS OR PRACTICES
RELATING TO THE EURO.
ARTICLE II
THE CREDITS
SECTION 2.01.
COMMITMENTS.
(A)
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH
HEREIN, EACH US TRANCHE LENDER AGREES TO MAKE US TRANCHE REVOLVING LOANS TO THE
US BORROWERS FROM TIME TO TIME DURING THE REVOLVING AVAILABILITY PERIOD IN US
DOLLARS OR ANY DESIGNATED FOREIGN CURRENCY IN AN AGGREGATE PRINCIPAL AMOUNT AT
ANY TIME OUTSTANDING THAT WILL NOT RESULT IN (I) SUCH LENDER'S US TRANCHE
REVOLVING EXPOSURE EXCEEDING ITS US TRANCHE COMMITMENT OR (II) THE AGGREGATE
AMOUNT OF THE LENDERS' US TRANCHE REVOLVING EXPOSURES AND COMPETITIVE LOAN
EXPOSURES EXCEEDING THE AGGREGATE AMOUNT OF THE US TRANCHE COMMITMENTS.
(B)
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, EACH SWISS TRANCHE
LENDER AGREES TO MAKE SWISS TRANCHE REVOLVING LOANS TO THE SWISS BORROWERS
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