TOTAL OUTSTANDINGS OF SUCH REVOLVING CREDIT LOAN BANK AT ANY TIME
SHALL NOT EXCEED THE AMOUNT OF ITS REVOLVING CREDIT LOAN COMMITMENT AT SUCH
TIME.
EACH BORROWING UNDER THIS SUBSECTION (A) SHALL BE IN AN AGGREGATE
PRINCIPAL AMOUNT OF $5,000,000 OR ANY LARGER MULTIPLE OF $1,000,000 (EXCEPT FOR
REFUNDING BORROWINGS AND THAT ANY SUCH BORROWING MAY BE IN THE AGGREGATE AMOUNT
AVAILABLE IN ACCORDANCE WITH SECTION 3.02(B)) AND SHALL BE MADE FROM THE SEVERAL
REVOLVING CREDIT LOAN BANKS RATABLY IN PROPORTION TO THEIR RESPECTIVE REVOLVING
CREDIT LOAN COMMITMENTS.
WITHIN THE FOREGOING LIMITS, THE BORROWER MAY BORROW
UNDER THIS SECTION 2.01(A), REPAY, OR, TO THE EXTENT PERMITTED BY SECTION 2.10,
PREPAY REVOLVING CREDIT LOANS AND REBORROW AT ANY TIME DURING THE REVOLVING
CREDIT PERIOD.
(ii)
Any "Revolving Credit Loans" outstanding under the Existing
Credit Agreement on the Effective Date shall be continued as Revolving Credit
Loans hereunder, and the Revolving Credit Loan of each Revolving Credit Loan
Bank hereunder as of the Effective Date shall be as set forth on Appendix I
hereto.
31
(B)
INITIAL TERM LOAN FACILITY.
SUBJECT TO THE TERMS AND CONDITIONS
SET FORTH HEREIN, ON THE EFFECTIVE DATE ANY "TERM LOAN" OUTSTANDING UNDER THE
EXISTING CREDIT AGREEMENT SHALL BE CONTINUED AS AN INITIAL TERM LOAN HEREUNDER
AND THE INITIAL TERM LOAN OF EACH INITIAL TERM LOAN BANK HEREUNDER AS OF THE
EFFECTIVE DATE SHALL BE AS SET FORTH ON APPENDIX II HERETO.
(C)
TERM LOAN FACILITIES.
THE TERM LOANS ARE NOT REVOLVING IN NATURE,
AND AMOUNTS REPAID OR PREPAID IN RESPECT THEREOF MAY NOT BE REBORROWED.
Section 2.02
Notice of Borrowing.
(A)
THE BORROWER SHALL GIVE THE AGENT NOTICE (A "NOTICE OF BORROWING")
NOT LATER THAN 11:00 A.M. (NEW YORK CITY TIME) ON (X) THE DATE OF EACH BASE RATE
BORROWING AND (Y) THE THIRD EURO-DOLLAR BUSINESS DAY BEFORE EACH EURO-DOLLAR
BORROWING, SPECIFYING:
(I)
THE DATE OF SUCH BORROWING, WHICH SHALL BE A DOMESTIC BUSINESS
DAY IN THE CASE OF A BASE RATE BORROWING OR A EURO-DOLLAR BUSINESS DAY IN THE
CASE OF A EURO-DOLLAR BORROWING;
(II)
THE AGGREGATE AMOUNT OF SUCH BORROWING;
(III)
WHETHER THE LOANS COMPRISING SUCH BORROWING ARE TO BEAR INTEREST
INITIALLY AT THE BASE RATE OR THE ADJUSTED LONDON INTERBANK OFFERED RATE; AND
(IV)
IN THE CASE OF A EURO-DOLLAR BORROWING, THE DURATION OF THE
INITIAL INTEREST PERIOD APPLICABLE THERETO, SUBJECT TO THE PROVISIONS OF THE
DEFINITION OF "INTEREST PERIOD."
(B)
UPON RECEIPT OF A NOTICE OF BORROWING, THE AGENT SHALL PROMPTLY
NOTIFY EACH BANK OF THE CONTENTS THEREOF AND OF SUCH BANK'S RATABLE SHARE OF
SUCH BORROWING AND SUCH NOTICE OF BORROWING SHALL NOT THEREAFTER BE REVOCABLE BY
THE BORROWER.
(C)
NOT LATER THAN 2:00 P.M. (NEW YORK CITY TIME) ON THE DATE OF EACH
BORROWING, EACH BANK SHALL (EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION
2.02) MAKE AVAILABLE ITS RATABLE SHARE OF SUCH BORROWING, IN FEDERAL OR OTHER
FUNDS IMMEDIATELY AVAILABLE IN NEW YORK CITY, TO THE AGENT AT ITS ADDRESS
REFERRED TO IN SECTION 10.01.
UNLESS THE