UNDER IT, AND
SUCCESSOR OR REPLACEMENT FOR IT, AND (J) REFERENCES TO A PARTICULAR LOAN
DOCUMENT INCLUDE EACH AMENDMENT, MODIFICATION, OR SUPPLEMENT TO OR RESTATEMENT
OF IT MADE IN ACCORDANCE WITH THIS AGREEMENT AND SUCH LOAN DOCUMENT.
ARTICLE II
ADVANCE LOANS
2.1
ADVANCE LOANS.
SUBJECT TO THE TERMS AND
CONDITIONS SET FORTH HEREIN, LENDER AGREES TO MAKE A SINGLE ADVANCE OR MULTIPLE
ADVANCES, ON A NON-REVOLVING BASIS (EACH SUCH ADVANCE, AN "ADVANCE LOAN"), TO
BORROWER FROM TIME TO TIME ON ANY BUSINESS DAY DURING THE PERIOD FROM THE
AGREEMENT DATE TO THE FIRST TO OCCUR OF THE (A) ADVANCE AVAILABILITY TERMINATION
DATE, AND (B) THE ADVANCE LOAN MATURITY DATE, IN AN AGGREGATE AMOUNT NOT TO
EXCEED THE LESSER OF (Y) THE ADVANCE COMMITMENT, AND (Z) THE ADVANCE
AVAILABILITY.
ADVANCE LOANS, ONCE REPAID, MAY NOT BE REBORROWED.
2.2
ADVANCE BORROWINGS.
(A)
EACH ADVANCE BORROWING SHALL BE MADE UPON
BORROWER'S IRREVOCABLE NOTICE TO LENDER, WHICH MAY BE GIVEN BY TELEPHONE.
EACH
SUCH NOTICE MUST BE RECEIVED BY LENDER NOT LATER THAN 10:00 A.M. (I) ONE
BUSINESS DAY PRIOR TO THE REQUESTED DATE OF ANY ADVANCE BORROWING OF EURODOLLAR
RATE LOANS AND (II) ONE BUSINESS DAY PRIOR TO THE REQUESTED DATE OF ANY ADVANCE
BORROWING OF PRIME RATE LOANS.
EACH SUCH TELEPHONIC NOTICE MUST BE CONFIRMED
PROMPTLY BY DELIVERY TO LENDER OF A WRITTEN ADVANCE LOAN NOTICE APPROPRIATELY
COMPLETED AND SIGNED BY AN AUTHORIZED SIGNATORY OF BORROWER.
EACH ADVANCE LOAN
NOTICE (WHETHER TELEPHONIC OR WRITTEN) SHALL SPECIFY (I) THE REQUESTED DATE OF
THE ADVANCE BORROWING, AS THE CASE MAY BE (WHICH SHALL BE A BUSINESS DAY),
(II) THE PRINCIPAL AMOUNT OF THE ADVANCE LOAN TO BE BORROWED AND (III) WHETHER
SUCH ADVANCE BORROWING WILL BE A EURODOLLAR RATE LOAN OR A PRIME RATE LOAN.
(B)
UPON SATISFACTION OF THE APPLICABLE
CONDITIONS SET FORTH IN ARTICLE IV, NOT LATER THAN 2:00 P.M. ON THE APPLICABLE
BORROWING DATE, LENDER SHALL CREDIT THE ACCOUNT OF BORROWER ON THE BOOKS OF
LENDER IN DOLLARS CONSTITUTING IMMEDIATELY AVAILABLE FUNDS IN THE AMOUNT
SPECIFIED IN THE RELATED ADVANCE LOAN NOTICE.
2.3
REPAYMENT.
The principal of the Advance Loans shall be due and payable on the following
dates and in the following amounts:
Payment Date
Payment Amount
Each Payment Date after the Advance Availability Termination Date
An amount equal to 1/60th of the Outstanding Amount on the Advance Availability
Termination Date
Advance Loan Maturity Date
The remaining unpaid Outstanding Amount
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2.4
MANDATORY PREPAYMENTS.
(A)
ON EACH DATE THAT THE OUTSTANDING AMOUNT
EXCEEDS THE ADVANCE AVAILABILITY, BORROWER SHALL PREPAY ADVANCE LOANS IN AN
AMOUNT EQUAL TO SUCH EXCESS.
(B)
ON EACH DATE PRIOR TO THE ADVANCE
AVAILABILITY TERMINATION DATE THAT THE OUTSTANDING AMOUNT EXCEEDS THE ADVANCE
COMMITMENT, BORROWER SHALL PREPAY THE ADVANCE LOANS IN AN AMOUNT EQUAL TO SUCH
EXCESS.
2.5
VOLUNTARY PREPAYMENTS.
BORROWER MAY, UPON
NOTICE TO LENDER, AT ANY TIME OR FROM TIME TO TIME VOLUNTARILY PREPAY THE
ADVANCE LOANS IN WHOLE OR IN PART WITHOUT PREMIUM OR PENALTY; PROVIDED THAT
(A) SUCH NOTICE MUST BE RECEIVED