ALL RESPECTS) ON AND AS OF THE INCREASE EFFECTIVE DATE, EXCEPT TO THE
EXTENT THAT SUCH REPRESENTATIONS AND WARRANTIES SPECIFICALLY REFER TO AN EARLIER
DATE, IN WHICH CASE THEY ARE TRUE AND CORRECT IN ALL MATERIAL RESPECTS (OR TRUE
AND CORRECT IN ALL RESPECTS FOR ANY SUCH REPRESENTATIONS AND WARRANTIES THAT ARE
QUALIFIED BY MATERIALITY) AS OF SUCH EARLIER DATE AND EXCEPT THAT FOR PURPOSES
OF THIS SECTION 2.16, THE REPRESENTATIONS AND WARRANTIES CONTAINED IN
SECTION 5.05
SHALL BE DEEMED TO REFER TO THE MOST RECENT STATEMENTS FURNISHED
PURSUANT TO SECTION 6.01(A), AND (B) NO DEFAULT EXISTS AND (II) (X) UPON THE
REASONABLE REQUEST OF ANY ADDITIONAL LENDER MADE AT LEAST 10 BUSINESS DAYS PRIOR
TO THE INCREASE EFFECTIVE DATE, THE BORROWERS SHALL HAVE PROVIDED TO SUCH
ADDITIONAL LENDER, AND SUCH ADDITIONAL LENDER SHALL BE REASONABLY SATISFIED
WITH, THE DOCUMENTATION AND OTHER INFORMATION SO REQUESTED IN CONNECTION WITH
APPLICABLE "KNOW YOUR CUSTOMER" AND ANTI-MONEY-LAUNDERING RULES AND REGULATIONS,
INCLUDING, WITHOUT LIMITATION, THE PATRIOT ACT, IN EACH CASE AT LEAST 5 BUSINESS
DAYS PRIOR TO THE INCREASE EFFECTIVE DATE AND (Y) AT LEAST 5 BUSINESS DAYS PRIOR
TO THE INCREASE EFFECTIVE DATE, ANY LOAN PARTY THAT QUALIFIES AS A "LEGAL ENTITY
CUSTOMER" UNDER THE BENEFICIAL OWNERSHIP REGULATION SHALL HAVE DELIVERED, TO
EACH ADDITIONAL LENDER THAT SO REQUESTS, A BENEFICIAL OWNERSHIP CERTIFICATION IN
RELATION TO SUCH LOAN PARTY.
THE BORROWERS SHALL PREPAY ANY COMMITTED LOANS
OUTSTANDING ON THE INCREASE EFFECTIVE DATE (AND PAY ANY ADDITIONAL AMOUNTS
REQUIRED PURSUANT TO SECTION 3.05) TO THE EXTENT NECESSARY TO KEEP THE
OUTSTANDING COMMITTED LOANS RATABLE WITH ANY REVISED APPLICABLE PERCENTAGES
ARISING FROM ANY NONRATABLE INCREASE IN THE COMMITMENTS UNDER THIS SECTION.
(E)
CONFLICTING PROVISIONS.
THIS SECTION SHALL SUPERSEDE ANY
PROVISIONS IN SECTION 2.14 OR 10.01
TO THE CONTRARY.
2.17.
FUNDING
.
Subject to Section 10.06(b)(vii), each Lender may make (i) any Eurocurrency
Rate Loan denominated in an Alternative Currency or (ii) any Loan to the
Designated Borrower by causing any of its domestic or foreign branches or
foreign affiliates to make such Loan (whether or not such branch or affiliate is
named as a lending office on the signature pages hereof); provided
that in such
event the obligation of the applicable Borrower to repay such Eurocurrency Rate
Loan or the obligation of the Designated Borrower to repay such Loan, as the
case may be, shall nevertheless be to such Lender and shall, for all purposes of
this Agreement (including, without limitation, for purposes of the definition of
"Required Lenders")
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be deemed made by such Lender, to the extent of such Eurocurrency Rate Loan or
such Loan made to the Designated Borrower, as the case may be.
2.18.
CASH COLLATERAL
.
(A)
CERTAIN CREDIT SUPPORT EVENTS.
IF (I) ANY L/C ISSUER HAS
HONORED ANY FULL OR PARTIAL DRAWING REQUEST UNDER ANY LETTER OF CREDIT AND SUCH
DRAWING HAS RESULTED IN AN L/C BORROWING, (II) AS OF THE LETTER OF CREDIT
EXPIRATION DATE, ANY L/C OBLIGATION FOR ANY REASON REMAINS OUTSTANDING, (III)
THE BORROWERS