FUNDS FOR ANY LOAN TO BE MADE BY SUCH LENDER AS PROVIDED
IN THE FOREGOING PROVISIONS OF THIS ARTICLE I, AND SUCH FUNDS ARE NOT MADE
AVAILABLE TO THE BORROWER BY THE AGENT BECAUSE THE CONDITIONS TO THE APPLICABLE
LOAN SET FORTH IN ARTICLE II ARE NOT SATISFIED OR WAIVED IN ACCORDANCE WITH THE
TERMS HEREOF, THE AGENT SHALL RETURN SUCH FUNDS (IN LIKE FUNDS AS RECEIVED FROM
SUCH LENDER) TO SUCH LENDER, WITHOUT INTEREST.
(C)
OBLIGATIONS OF LENDERS SEVERAL.
THE OBLIGATIONS OF THE
LENDERS HEREUNDER TO MAKE LOANS AND TO MAKE PAYMENTS PURSUANT TO SECTION 8.8 ARE
SEVERAL AND NOT JOINT.
THE FAILURE OF ANY LENDER TO MAKE ANY LOAN, OR TO MAKE
ANY PAYMENT UNDER SECTION 8.8
ON ANY DATE REQUIRED HEREUNDER SHALL NOT RELIEVE
ANY OTHER LENDER OF ITS CORRESPONDING OBLIGATION TO DO SO ON SUCH DATE, AND NO
LENDER SHALL BE RESPONSIBLE FOR THE FAILURE OF ANY OTHER LENDER TO SO MAKE ITS
LOANS, OR TO MAKE ITS PAYMENT UNDER SECTION 8.8.
(D)
FUNDING SOURCE.
NOTHING HEREIN SHALL BE DEEMED TO OBLIGATE
ANY LENDER TO OBTAIN THE FUNDS FOR ANY LOAN IN ANY PARTICULAR PLACE OR MANNER OR
TO CONSTITUTE A REPRESENTATION BY ANY LENDER THAT IT HAS OBTAINED OR WILL OBTAIN
THE FUNDS FOR ANY LOAN IN ANY PARTICULAR PLACE OR MANNER.
(E)
INSUFFICIENT FUNDS.
IF AT ANY TIME INSUFFICIENT FUNDS ARE
RECEIVED BY AND AVAILABLE TO THE AGENT TO PAY FULLY ALL AMOUNTS OF PRINCIPAL,
INTEREST AND FEES THEN DUE HEREUNDER, SUCH FUNDS SHALL BE APPLIED, SUBJECT TO
SECTION 1.10(C), (I) FIRST, TOWARD PAYMENT OF INTEREST AND FEES THEN DUE
HEREUNDER, RATABLY AMONG THE PARTIES ENTITLED THERETO IN ACCORDANCE WITH THE
AMOUNTS OF INTEREST AND FEES THEN DUE TO SUCH PARTIES, AND (II) SECOND, TOWARD
PAYMENT OF PRINCIPAL THEN DUE HEREUNDER, RATABLY AMONG THE PARTIES ENTITLED
THERETO IN ACCORDANCE WITH THE AMOUNTS OF PRINCIPAL THEN DUE TO SUCH PARTIES.
(F)
PROCEDURES.
AGENT IS HEREBY AUTHORIZED BY THE BORROWER AND
EACH OTHER LENDER TO ESTABLISH PROCEDURES (AND TO AMEND SUCH PROCEDURES FROM
TIME TO TIME) TO FACILITATE ADMINISTRATION AND SERVICING OF THE LOANS AND OTHER
MATTERS INCIDENTAL THERETO.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
AGENT IS HEREBY AUTHORIZED TO ESTABLISH PROCEDURES TO MAKE AVAILABLE OR DELIVER,
OR TO ACCEPT, NOTICES, DOCUMENTS AND SIMILAR ITEMS ON, BY POSTING TO OR
SUBMITTING AND/OR COMPLETION ON, THE PLATFORM.
SECTION 1.12
INCREASE IN AGGREGATE COMMITMENT.
(A)REQUEST FOR INCREASE.
PROVIDED THERE EXISTS NO DEFAULT OR EVENT OF DEFAULT,
UPON NOTICE TO THE AGENT (WHICH SHALL PROMPTLY NOTIFY THE LENDERS), THE BORROWER
MAY REQUEST AN INCREASE IN THE AGGREGATE COMMITMENT UP TO A MAXIMUM AGGREGATE
COMMITMENT OF $300,000,000; PROVIDED THAT ANY
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such request for an increase shall be in a minimum amount of $25,000,000, unless
otherwise agreed by the Agent.
At the time of sending such notice, the Borrower
(in consultation with the Agent) shall specify the time period within which each
Lender is requested to respond (which shall in no event be less than ten
Business Days from