CONVERTED OR CONTINUED, (IV)
THE TYPE OF COMMITTED LOANS TO BE BORROWED OR TO WHICH EXISTING COMMITTED LOANS
ARE TO BE CONVERTED, (V) IF APPLICABLE, THE DURATION OF THE INTEREST PERIOD WITH
RESPECT THERETO AND (VI) THE CURRENCY OF THE COMMITTED LOANS TO BE BORROWED.
IF
THE APPLICABLE BORROWER FAILS TO SPECIFY A CURRENCY IN A COMMITTED LOAN NOTICE
REQUESTING A BORROWING, THEN THE COMMITTED LOANS SO REQUESTED SHALL BE MADE IN
DOLLARS.
IF THE APPLICABLE BORROWER FAILS TO SPECIFY A TYPE OF COMMITTED LOAN
IN A COMMITTED LOAN NOTICE OR IF THE APPLICABLE BORROWER FAILS TO GIVE A TIMELY
NOTICE REQUESTING A CONVERSION OR CONTINUATION, THEN THE APPLICABLE COMMITTED
LOANS SHALL BE MADE AS, OR CONVERTED TO, BASE RATE LOANS; PROVIDED, HOWEVER,
THAT IN THE CASE OF A FAILURE TO TIMELY REQUEST A CONTINUATION OF COMMITTED
LOANS DENOMINATED IN EUROS, SUCH LOANS SHALL BE CONTINUED AS EUROCURRENCY RATE
LOANS IN EUROS WITH AN INTEREST PERIOD OF ONE MONTH.
ANY AUTOMATIC CONVERSION
TO BASE RATE LOANS SHALL BE EFFECTIVE AS OF THE LAST DAY OF THE INTEREST PERIOD
THEN IN EFFECT WITH RESPECT TO THE APPLICABLE EUROCURRENCY RATE LOANS.
IF A
BORROWER REQUESTS A BORROWING OF, CONVERSION TO, OR CONTINUATION OF EUROCURRENCY
RATE LOANS IN ANY SUCH COMMITTED LOAN NOTICE, BUT FAILS TO SPECIFY AN INTEREST
PERIOD, IT WILL BE DEEMED TO HAVE SPECIFIED AN INTEREST PERIOD OF ONE MONTH.
NO
COMMITTED LOAN MAY BE CONVERTED INTO OR CONTINUED AS A COMMITTED LOAN
DENOMINATED IN A DIFFERENT CURRENCY, BUT INSTEAD MUST BE PREPAID IN THE ORIGINAL
CURRENCY OF SUCH COMMITTED LOAN AND REBORROWED IN THE OTHER CURRENCY.
(B)
FOLLOWING RECEIPT OF A COMMITTED LOAN NOTICE, THE ADMINISTRATIVE
AGENT SHALL PROMPTLY NOTIFY EACH LENDER OF THE AMOUNT (AND CURRENCY) OF ITS
APPLICABLE PERCENTAGE OF THE APPLICABLE COMMITTED LOANS, AND IF NO TIMELY NOTICE
OF A CONVERSION OR CONTINUATION IS PROVIDED BY THE APPLICABLE BORROWER, THE
ADMINISTRATIVE AGENT SHALL NOTIFY EACH LENDER OF THE DETAILS OF ANY AUTOMATIC
CONVERSION TO BASE RATE LOANS OR CONTINUATION OF COMMITTED LOANS DENOMINATED IN
EUROS, IN EACH CASE AS DESCRIBED IN THE PRECEDING SUBSECTION.
IN THE CASE OF A
COMMITTED BORROWING, EACH LENDER SHALL MAKE THE AMOUNT OF ITS COMMITTED LOAN
AVAILABLE TO THE ADMINISTRATIVE AGENT IN SAME DAY FUNDS AT THE ADMINISTRATIVE
AGENT'S OFFICE FOR THE APPLICABLE
28
CURRENCY NOT LATER THAN 1:00 P.M. ON THE BUSINESS DAY SPECIFIED IN THE
APPLICABLE COMMITTED LOAN NOTICE.
UPON SATISFACTION OF THE APPLICABLE
CONDITIONS SET FORTH IN SECTION 4.02 (AND, IF SUCH BORROWING IS THE INITIAL
CREDIT EXTENSION, SECTION 4.01), THE ADMINISTRATIVE AGENT SHALL MAKE ALL FUNDS
SO RECEIVED AVAILABLE TO THE APPLICABLE BORROWER IN LIKE FUNDS AS RECEIVED BY
THE ADMINISTRATIVE AGENT EITHER BY (I) CREDITING THE ACCOUNT OF SUCH BORROWER ON
THE BOOKS OF BANK OF AMERICA WITH THE AMOUNT OF SUCH FUNDS OR (II) WIRE TRANSFER
OF SUCH FUNDS, IN EACH CASE IN ACCORDANCE WITH INSTRUCTIONS PROVIDED TO (AND
REASONABLY ACCEPTABLE TO) THE ADMINISTRATIVE AGENT BY SUCH BORROWER; PROVIDED,
HOWEVER, THAT IF, ON THE