THE DATE OF THE
PROPOSED BORROWING AND (C) IN THE CASE OF AN ABR BORROWING, NOT LATER THAN
11:00 A.M., LOCAL TIME, ONE BUSINESS DAY PRIOR TO THE DATE OF THE PROPOSED
BORROWING.
EACH SUCH TELEPHONIC AND WRITTEN BORROWING REQUEST SHALL SPECIFY THE
FOLLOWING INFORMATION IN COMPLIANCE WITH SECTION 2.02:
(I) THE BORROWER REQUESTING SUCH BORROWING;
(II) WHETHER THE REQUESTED BORROWING IS TO BE A US TRANCHE REVOLVING BORROWING
OR A SPANISH TRANCHE REVOLVING BORROWING;
(III) THE CURRENCY AND THE AGGREGATE AMOUNT OF THE REQUESTED BORROWING;
(IV) THE DATE OF SUCH BORROWING, WHICH SHALL BE A BUSINESS DAY;
(V) THE TYPE OF SUCH BORROWING;
(VI) IN THE CASE OF A LIBOR BORROWING OR A EURIBOR BORROWING, THE INITIAL
INTEREST PERIOD TO BE APPLICABLE THERETO, WHICH SHALL BE A PERIOD CONTEMPLATED
BY THE DEFINITION OF THE TERM "INTEREST PERIOD"; AND
(VII) THE APPLICABLE FUNDING ACCOUNT.
If no currency is specified by ICE with respect to any requested LIBOR
Borrowing, it shall be deemed to have selected Euros.
If no election as to the
Type of a Borrowing is specified, then the requested Borrowing shall be (A) in
the case of a Borrowing denominated in US Dollars, an ABR Borrowing, (B) in the
case of Borrowing
36
denominated in an Alternative Currency (other than Euros), a LIBOR Borrowing and
(C) in the case of a Borrowing denominated in Euros, a EURIBOR Borrowing.
If no
Interest Period is specified with respect to any requested LIBOR Borrowing or
EURIBOR Borrowing, then the applicable Borrower shall be deemed to have selected
an Interest Period of one month's duration.
Promptly following receipt of a
Borrowing Request in accordance with this Section, the Applicable Agent shall
advise each Lender that will make a Loan as part of the requested Borrowing of
the details thereof and of the amount of such Lender's Loan to be made as part
of the requested Borrowing.
SECTION 2.04. SWINGLINE LOANS.
(A) SUBJECT TO THE TERMS AND CONDITIONS SET
FORTH HEREIN, THE SWINGLINE LENDER AGREES TO MAKE SWINGLINE LOANS DENOMINATED IN
US DOLLARS TO THE COMPANY, FROM TIME TO TIME DURING THE US TRANCHE AVAILABILITY
PERIOD, IN AN AGGREGATE PRINCIPAL AMOUNT AT ANY TIME OUTSTANDING THAT WILL NOT
RESULT IN (I) THE AGGREGATE PRINCIPAL AMOUNT OF OUTSTANDING SWINGLINE LOANS
EXCEEDING US$10,000,000, (II) THE AGGREGATE AMOUNT OF THE US TRANCHE REVOLVING
EXPOSURES EXCEEDING THE AGGREGATE AMOUNT OF THE US TRANCHE COMMITMENTS OR
(III) THE US TRANCHE REVOLVING EXPOSURE OF ANY LENDER EXCEEDING ITS US TRANCHE
COMMITMENT; PROVIDED THAT THE SWINGLINE LENDER SHALL NOT BE REQUIRED TO MAKE A
SWINGLINE LOAN TO REFINANCE AN OUTSTANDING SWINGLINE LOAN.
WITHIN THE FOREGOING
LIMITS AND SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, THE COMPANY MAY
BORROW, PREPAY AND REBORROW SWINGLINE LOANS.
(B)
TO REQUEST A SWINGLINE LOAN, THE COMPANY SHALL NOTIFY THE FACILITY AGENT OF
SUCH REQUEST BY TELEPHONE (CONFIRMED BY TELECOPY SIGNED BY A RESPONSIBLE OFFICER
OF THE COMPANY), NOT LATER THAN 12:00 NOON, NEW YORK CITY TIME, ON THE DAY OF A
PROPOSED