THE BORROWERS' OBLIGATIONS UNDER
SECTIONS 2.05(C), 2.05(D) OR 2.05(E).
ANY AMOUNT WHICH IS ADDED TO THE
PRINCIPAL BALANCE OF THE LOAN ACCOUNT AS PROVIDED IN THIS SECTION 2.02(B) SHALL
BEAR INTEREST AT THE INTEREST RATE THEN AND THEREAFTER APPLICABLE TO PRIME RATE
LOANS.
(E)
EXCEPT AS OTHERWISE PROVIDED HEREIN, A LIBO
RATE LOAN MAY BE CONTINUED OR CONVERTED ONLY ON THE LAST DAY OF AN INTEREST
PERIOD FOR SUCH LIBO RATE LOAN.
DURING THE EXISTENCE OF A DEFAULT, NO LOANS MAY
BE REQUESTED AS, CONVERTED TO OR CONTINUED AS LIBO RATE LOANS WITHOUT THE
CONSENT OF THE REQUIRED LENDERS.
(F)
THE ADMINISTRATIVE AGENT SHALL PROMPTLY
NOTIFY THE LEAD BORROWER AND THE LENDERS OF THE INTEREST RATE APPLICABLE TO ANY
INTEREST PERIOD FOR LIBO RATE LOANS UPON DETERMINATION OF SUCH INTEREST RATE.
AT ANY TIME THAT PRIME RATE LOANS ARE OUTSTANDING, THE ADMINISTRATIVE AGENT
SHALL NOTIFY THE LEAD BORROWER AND THE LENDERS OF ANY CHANGE IN BANK OF
AMERICA'S PRIME RATE USED IN DETERMINING THE PRIME RATE PROMPTLY FOLLOWING THE
PUBLIC ANNOUNCEMENT OF SUCH CHANGE.
(G)
AFTER GIVING EFFECT TO ALL COMMITTED
BORROWINGS, ALL CONVERSIONS OF COMMITTED LOANS FROM ONE TYPE TO THE OTHER, AND
ALL CONTINUATIONS OF COMMITTED LOANS AS THE SAME TYPE, THERE SHALL NOT BE MORE
THAN SIX (6) INTEREST PERIODS IN EFFECT WITH RESPECT TO COMMITTED LOANS.
(H)
THE ADMINISTRATIVE AGENT, THE LENDERS, THE
SWING LINE LENDER AND THE L/C ISSUER SHALL HAVE NO OBLIGATION TO MAKE ANY LOAN
OR TO PROVIDE ANY LETTER OF CREDIT IF AN OVERADVANCE WOULD RESULT.
THE
ADMINISTRATIVE AGENT MAY, IN ITS DISCRETION, MAKE PERMITTED OVERADVANCES WITHOUT
THE CONSENT OF THE LENDERS, THE SWING LINE LENDER AND THE L/C ISSUER AND EACH
LENDER SHALL BE BOUND THEREBY.
ANY PERMITTED OVERADVANCE MAY CONSTITUTE A SWING
LINE LOAN. A PERMITTED OVERADVANCE IS FOR THE ACCOUNT OF THE BORROWERS AND SHALL
CONSTITUTE A LOAN AND AN OBLIGATION AND SHALL BE REPAID BY THE BORROWERS IN
ACCORDANCE WITH THE PROVISIONS OF SECTIONS 2.05(C), 2.05(D) AND 2.05(E).
THE
MAKING OF ANY SUCH PERMITTED OVERADVANCE ON ANY ONE OCCASION SHALL NOT OBLIGATE
THE ADMINISTRATIVE AGENT OR ANY LENDER TO MAKE OR PERMIT ANY PERMITTED
OVERADVANCE ON ANY OTHER OCCASION OR TO PERMIT SUCH PERMITTED OVERADVANCES TO
REMAIN OUTSTANDING. THE MAKING BY THE ADMINISTRATIVE AGENT OF A PERMITTED
OVERADVANCE SHALL NOT MODIFY OR ABROGATE ANY OF THE PROVISIONS OF SECTION 2.03
REGARDING THE LENDERS' OBLIGATIONS TO PURCHASE PARTICIPATIONS WITH RESPECT TO
LETTER OF CREDITS OR OF SECTION 2.04 REGARDING THE LENDERS' OBLIGATIONS TO
PURCHASE PARTICIPATIONS WITH RESPECT TO SWING LINE LOANS.
THE ADMINISTRATIVE
AGENT SHALL HAVE NO LIABILITY FOR, AND NO LOAN PARTY OR CREDIT PARTY SHALL HAVE
THE RIGHT TO, OR SHALL, BRING ANY CLAIM OF ANY KIND WHATSOEVER AGAINST THE
ADMINISTRATIVE AGENT WITH RESPECT TO "INADVERTENT OVERADVANCES" (I.E. WHERE AN
OVERADVANCE RESULTS FROM CHANGED CIRCUMSTANCES BEYOND THE CONTROL OF THE
ADMINISTRATIVE AGENT (SUCH AS A REDUCTION IN THE COLLATERAL VALUE)) REGARDLESS
OF THE AMOUNT OF ANY SUCH OVERADVANCE(S).
2.03
LETTERS OF CREDIT.
(A)
THE LETTER OF CREDIT