IN THE CASE OF AN ABR BORROWING, NOT LATER THAN
12:00 NOON, NEW YORK CITY TIME, ONE BUSINESS DAY BEFORE THE DATE OF THE PROPOSED
BORROWING; PROVIDED THAT ANY SUCH NOTICE OF AN ABR CLASS A REVOLVING LOAN TO
FINANCE THE REIMBURSEMENT OF AN LC DISBURSEMENT AS CONTEMPLATED BY
SECTION 2.05(E) MAY BE GIVEN NOT LATER THAN 10:00 A.M., NEW YORK CITY TIME, ON
THE DATE OF THE PROPOSED BORROWING, AND (B) TO REQUEST A FOREIGN CURRENCY
BORROWING, THE APPLICABLE FOREIGN SUBSIDIARY BORROWER SHALL NOTIFY THE FOREIGN
CURRENCY ADMINISTRATIVE AGENT OF SUCH REQUEST BY TELEPHONE NOT LATER THAN
11:00 A.M., LONDON TIME, THREE BUSINESS DAYS BEFORE THE DATE OF THE PROPOSED
BORROWING.
EACH SUCH TELEPHONIC BORROWING REQUEST SHALL BE IRREVOCABLE AND
SHALL BE CONFIRMED PROMPTLY BY HAND DELIVERY OR TELECOPY TO THE ADMINISTRATIVE
AGENT OF A WRITTEN BORROWING REQUEST IN A FORM APPROVED BY THE ADMINISTRATIVE
AGENT AND SIGNED BY THE PARENT BORROWER AND, IN THE CASE OF A FOREIGN CURRENCY
BORROWING, THE APPLICABLE FOREIGN SUBSIDIARY BORROWER.
EACH SUCH TELEPHONIC AND
WRITTEN BORROWING REQUEST SHALL SPECIFY THE FOLLOWING INFORMATION IN COMPLIANCE
WITH SECTION 2.02:
(I) WHETHER THE REQUESTED BORROWING IS TO BE A REVOLVING BORROWING OR
TRANCHE B-1 BORROWING;
(II) IN THE CASE OF A REVOLVING BORROWING, WHETHER THE REQUESTED BORROWING IS A
CLASS A REVOLVING BORROWING OR A CLASS B REVOLVING BORROWING;
(III) THE AGGREGATE AMOUNT OF SUCH BORROWING;
(IV) THE DATE OF SUCH BORROWING, WHICH SHALL BE A BUSINESS DAY;
(V) WHETHER SUCH BORROWING IS TO BE AN ABR BORROWING OR A EUROCURRENCY
BORROWING, UNLESS SUCH BORROWING IS A FOREIGN CURRENCY BORROWING;
(VI) IF SUCH BORROWING IS A FOREIGN CURRENCY BORROWING, THE RELEVANT FOREIGN
CURRENCY;
(VII) IN THE CASE OF A EUROCURRENCY BORROWING, THE INITIAL INTEREST PERIOD TO BE
APPLICABLE THERETO, WHICH SHALL BE A PERIOD CONTEMPLATED BY THE DEFINITION OF
THE TERM "INTEREST PERIOD"; AND
54
(VIII) THE LOCATION AND NUMBER OF THE PARENT BORROWER'S OR THE APPLICABLE
FOREIGN SUBSIDIARY BORROWER'S, AS THE CASE MAY BE, ACCOUNT TO WHICH FUNDS ARE TO
BE DISBURSED, WHICH SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 2.06.
If no election as to the Class of any Revolving Borrowing is specified, then the
requested Revolving Borrowing shall be a Class A Revolving Borrowing.
If no
election as to the Type of Borrowing is specified, then the requested Borrowing
shall be an ABR Borrowing, unless such Borrowing is a Foreign Currency
Borrowing, in which case such Borrowing shall be a Eurocurrency Borrowing.
If
no Interest Period is specified with respect to any requested Eurocurrency
Revolving Loan, then the Parent 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 Administrative Agent
shall advise each Lender 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