RESPECT OF SUCH ASSET POOL.
(B)
WHENEVER BORROWER DESIRES TO UTILIZE THE
LOAN COMMITMENTS FOR WORKING CAPITAL LOANS, IT SHALL DELIVER TO AGENT A NOTICE
OF BORROWING NOT LATER THAN 11:00 A.M., CLOSING OFFICE TIME, THREE BUSINESS DAYS
PRIOR TO THE DATE OF THE PROPOSED BORROWING, WHICH NOTICE SHALL SPECIFY (I) THE
DATE OF THE PROPOSED BORROWING (WHICH SHALL BE A BUSINESS DAY) (EACH, ALSO A
"BORROWING DATE"), (II) IF SUCH BORROWING DATE IS A PAYMENT DATE, WHETHER SUCH
LOANS SHALL CONSTITUTE BASE RATE LOANS, LIBOR LOANS OR, IF THE AGENT IN ITS SOLE
DISCRETION CONSENTS THERETO, FIXED RATE LOANS (IF NOT SPECIFIED OR IF SUCH DATE
IS NOT A PAYMENT DATE, BASE RATE LOANS SHALL BE DEEMED TO HAVE BEEN REQUESTED)
AND (III) THE TOTAL AMOUNT OF SUCH BORROWING (WHICH SHALL BE IN A MINIMUM AMOUNT
OF $250,000 AND, IF GREATER, IN INTEGRAL MULTIPLES OF $100,000).
(C)
AGENT SHALL PROMPTLY NOTIFY (IN WRITING OR
BY TELEPHONE, CONFIRMED AS SOON AS POSSIBLE THEREAFTER IN WRITING) EACH OF
LENDERS OF THE DATE AND TYPE (I.E., ACQUISITION LOAN OR WORKING CAPITAL LOAN) OF
ANY PROPOSED LOANS, THE AMOUNT OF THE LOAN OR LOANS SUCH LENDER IS BEING
REQUESTED TO MAKE AND WHETHER SUCH LOANS SHALL CONSTITUTE BASE RATE LOANS OR, IF
THE AGENT IN ITS SOLE DISCRETION CONSENTS THERETO, FIXED RATE LOANS.
EACH
LENDER WILL MAKE THE AMOUNT OF ITS LOAN OR LOANS AVAILABLE TO AGENT, AT THE
CLOSING OFFICE, BEFORE 1:00 P.M. CLOSING OFFICE TIME ON THE DATE SPECIFIED IN
THE NOTICE OF BORROWING IN SAME DAY FUNDS.
SUCH PROCEEDS SHALL BE MADE
AVAILABLE TO BORROWER (SUBJECT TO SECTION 2.2(D)) BY AGENT, IN THE SAME TYPE OF
FUNDS RECEIVED BY AGENT, AT THE CLOSING OFFICE AGAINST DELIVERY TO AGENT FOR THE
ACCOUNT OF EACH LENDER OF SUCH INSTRUMENTS, DOCUMENTS AND PAPERS AS ARE PROVIDED
FOR HEREIN.
AGENT SHALL DELIVER THE INSTRUMENTS, DOCUMENTS AND PAPERS RECEIVED
BY IT FOR THE ACCOUNT OF EACH LENDER TO SUCH LENDER OR UPON ITS ORDER.
(D)
UNLESS AGENT SHALL HAVE RECEIVED NOTICE FROM
A LENDER PRIOR TO 11:00 A.M., CLOSING OFFICE TIME, ON THE DATE OF ANY BORROWING
THAT SUCH LENDER WILL NOT MAKE AVAILABLE TO AGENT SUCH LENDER'S RATABLE PORTION
OF SUCH BORROWING, AGENT MAY ASSUME THAT SUCH LENDER HAS MADE SUCH PORTION
AVAILABLE TO AGENT ON THE DATE OF SUCH BORROWING IN ACCORDANCE WITH SECTION
2.2(C) AND AGENT MAY, IN RELIANCE UPON SUCH ASSUMPTION, MAKE AVAILABLE TO
BORROWER ON SUCH DATE A CORRESPONDING AMOUNT.
IF AND TO THE EXTENT SUCH LENDER
SHALL NOT HAVE MADE SUCH RATABLE PORTION AVAILABLE TO AGENT, SUCH LENDER AND
BORROWER SEVERALLY AGREE TO REPAY TO AGENT FORTHWITH ON DEMAND SUCH
CORRESPONDING AMOUNT TOGETHER WITH INTEREST THEREON, FOR EACH DAY FROM THE DATE
SUCH AMOUNT IS MADE AVAILABLE TO BORROWER UNTIL THE DATE SUCH AMOUNT IS REPAID
TO AGENT, AT THE RATE FROM TIME TO TIME PREVAILING ON THE APPLICABLE NOTE;
PROVIDED THAT TO THE EXTENT SUCH INTEREST IS PAID BY A LENDER, INTEREST SHALL BE
AT THE RATE SPECIFIED