the Borrowers in Douglas County, Colorado.
"$53,000,000 Lease Documents" means those documents listed on Exhibit 9.3.6A.
"$53,000,000 Lease Obligations" means the Indebtedness of the Borrowers under
the $53,000,000 Lease Documents.
"$53,000,000 Lease Transaction" means the $53,000,000 lease transaction entered
into on or about July 2, 2001 by and among the Borrowers and certain other
parties pursuant to the $53,000,000 Lease Documents, for the purpose of
financing the construction of two (2) new headquarters buildings for the
Borrowers in Douglas County, Colorado.
19
2.
The Credits.
2.1
Revolving Credit.
2.1.1
REVOLVING CREDIT LOANS.
SUBJECT TO ALL TERMS AND CONDITIONS OF
THIS AGREEMENT AND SO LONG AS NO DEFAULT EXISTS, FROM TIME TO TIME ON AND AFTER
THE INITIAL CLOSING DATE AND PRIOR TO THE FINAL MATURITY DATE, THE LENDERS
AGREE, SEVERALLY IN ACCORDANCE WITH THEIR RESPECTIVE COMMITMENTS TO MAKE A
REVOLVING CREDIT FACILITY AVAILABLE AS LOANS (EACH, A "REVOLVING CREDIT LOAN"
AND, COLLECTIVELY, THE "REVOLVING CREDIT LOANS") TO THE BORROWERS, JOINTLY AND
SEVERALLY, IN UNITED STATES DOLLARS OR, WITH RESPECT TO LIBOR LOANS, A FOREIGN
CURRENCY, AS APPLICABLE, IN SUCH AMOUNTS AS MAY BE REQUESTED BY THE PARENT IN
ACCORDANCE WITH SECTION 2.1.3.
THE REVOLVING CREDIT LOANS WILL CONSIST OF BASE
RATE LOANS OR LIBOR LOANS.
THE LENDERS WILL NOT MAKE A REVOLVING CREDIT LOAN TO
THE EXTENT THAT THE AMOUNT OF THE REQUESTED REVOLVING CREDIT LOAN EXCEEDS
AVAILABLE CREDIT.
NO LENDER WILL HAVE AN OBLIGATION TO MAKE A BASE RATE LOAN OR
A LIBOR LOAN TO THE EXTENT THAT THE AMOUNT OF SUCH REQUESTED BASE RATE LOAN OR
LIBOR LOAN EXCEEDS THE LENDER'S PERCENTAGE INTEREST MULTIPLIED BY AVAILABLE
CREDIT OR TO THE EXTENT THAT MAKING SUCH BASE RATE LOAN OR LIBOR LOAN WOULD
CAUSE THE LENDER'S PERCENTAGE INTEREST MULTIPLIED BY THE AGGREGATE OUTSTANDING
PRINCIPAL AMOUNT OF ALL LOANS PLUS THE LETTER OF CREDIT EXPOSURE TO EXCEED SUCH
LENDER'S COMMITMENT.
THE LENDERS WILL HAVE NO OBLIGATION TO MAKE A
MULTICURRENCY LIBOR LOAN TO THE EXTENT THE AMOUNT OF SUCH REQUESTED
MULTICURRENCY LIBOR LOAN EXCEEDS THE MULTICURRENCY AVAILABLE CREDIT.
2.1.2
MAXIMUM AMOUNT OF CREDIT.
THE TERM "MAXIMUM AMOUNT OF CREDIT"
MEANS $250,000,000, UNLESS THIS AMOUNT IS INCREASED OR REDUCED PURSUANT TO
SECTIONS 2.7, 3.5, 4.2.1 OR 14, IN WHICH EVENT IT MEANS SUCH HIGHER OR LOWER
AMOUNT.
EACH REDUCTION OF THE MAXIMUM AMOUNT OF CREDIT SHALL RATABLY REDUCE
EACH LENDER'S COMMITMENT.
2.1.3
BORROWING REQUESTS.
THE PARENT, ON BEHALF OF THE APPLICABLE
BORROWER, MAY FROM TIME TO TIME REQUEST A REVOLVING CREDIT LOAN UNDER
SECTION 2.1.1 BY PROVIDING TO THE AGENT A NOTICE (WHICH MAY BE GIVEN BY A
TELEPHONE CALL FROM AN AUTHORIZED REPRESENTATIVE RECEIVED BY A LENDING OFFICER
IF PROMPTLY CONFIRMED IN WRITING) ("NOTICE OF REVOLVING CREDIT ADVANCE").
SUCH
NOTICE OF REVOLVING CREDIT ADVANCE MUST BE DELIVERED NOT LATER THAN 11:00 A.M.
(DENVER TIME) ON THE FIRST BANKING DAY (THIRD BANKING DAY IF ANY PORTION OF SUCH
REVOLVING CREDIT LOAN SHALL BE A DOLLAR LIBOR LOAN AND THE FOURTH BANKING DAY IF
ANY PORTION OF SUCH REVOLVING CREDIT LOAN SHALL