ELECTION AS TO THE TYPE OF BORROWING
IS SPECIFIED, THEN THE REQUESTED BORROWING SHALL BE AN ABR BORROWING.
IF NO
INTEREST PERIOD IS SPECIFIED WITH RESPECT TO ANY REQUESTED EURODOLLAR BORROWING,
THEN THE 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
APPLICABLE LENDER OF THE DETAILS THEREOF AND OF THE AMOUNT OF SUCH LENDER'S LOAN
TO BE MADE AS PART OF THE REQUESTED BORROWING.
SECTION 2.4.
FUNDING OF BORROWINGS
(A)
EACH LENDER SHALL MAKE EACH LOAN TO BE MADE
BY IT HEREUNDER ON THE PROPOSED DATE THEREOF BY WIRE TRANSFER OF IMMEDIATELY
AVAILABLE FUNDS BY 12:00 NOON, NEW YORK CITY TIME, TO THE ACCOUNT OF THE
ADMINISTRATIVE AGENT MOST RECENTLY DESIGNATED BY IT FOR SUCH PURPOSE BY NOTICE
TO THE LENDERS; PROVIDED THAT SWINGLINE LOANS SHALL BE MADE AS PROVIDED IN
SECTION 2.10.
SUBJECT TO SECTION 5.2, THE ADMINISTRATIVE AGENT WILL MAKE SUCH
LOANS AVAILABLE TO THE BORROWER BY PROMPTLY CREDITING OR OTHERWISE TRANSFERRING
THE AMOUNTS SO RECEIVED, IN LIKE FUNDS, TO AN ACCOUNT OF THE BORROWER MAINTAINED
WITH THE ADMINISTRATIVE AGENT AND DESIGNATED BY THE BORROWER IN THE APPLICABLE
BORROWING REQUEST, PROVIDED THAT ABR REVOLVING LOANS MADE TO FINANCE THE
REIMBURSEMENT OF AN LC DISBURSEMENT AS PROVIDED IN SECTION 2.9(E) SHALL BE
REMITTED BY THE ADMINISTRATIVE AGENT TO THE APPLICABLE ISSUING BANK.
IT IS
UNDERSTOOD THAT EACH LENDER WITH A B INITIAL TERM LOAN COMMITMENT THAT ALSO HAS
OUTSTANDING PRIOR TO THE CLOSING DATE B TERM LOANS (AS DEFINED IN THE EXISTING
CREDIT AGREEMENT) UNDER THE EXISTING CREDIT AGREEMENT MAY SATISFY ITS OBLIGATION
TO FUND B INITIAL TERM LOANS PURSUANT TO THIS SECTION 2.4 BY EXECUTING
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A LENDER AUTHORIZATION IN WHICH SUCH LENDER AGREES TO TERMINATE THE LOAN
PARTIES' (AS DEFINED IN THE EXISTING CREDIT AGREEMENT) OBLIGATIONS WITH RESPECT
TO SUCH B TERM LOANS (AS DEFINED IN THE EXISTING CREDIT AGREEMENT) (OTHER THAN
OBLIGATIONS WHICH, PURSUANT TO THE TERMS OF THE EXISTING CREDIT AGREEMENT,
EXPRESSLY SURVIVE THE REPAYMENT THEREOF).
NO LENDER SHALL BE RELIEVED OF AN
OBLIGATION TO FUND B DELAYED DRAW TERM LOANS AS A RESULT OF THE PRECEDING
SENTENCE.
(B)
UNLESS THE ADMINISTRATIVE AGENT SHALL HAVE
RECEIVED NOTICE FROM A LENDER PRIOR TO 11:30 A.M., NEW YORK CITY TIME, ON THE
DATE OF ANY BORROWING THAT SUCH LENDER WILL NOT MAKE AVAILABLE TO THE
ADMINISTRATIVE AGENT SUCH LENDER'S SHARE OF SUCH BORROWING, THE ADMINISTRATIVE
AGENT MAY ASSUME THAT SUCH LENDER HAS MADE SUCH SHARE AVAILABLE ON SUCH DATE IN
ACCORDANCE WITH PARAGRAPH (A) OF THIS SECTION OR PARAGRAPH (E) OF SECTION 2.9
AND MAY, IN RELIANCE UPON SUCH ASSUMPTION, MAKE AVAILABLE TO THE BORROWER A
CORRESPONDING AMOUNT.
IN SUCH EVENT, IF A LENDER HAS NOT IN FACT MADE ITS SHARE
OF THE APPLICABLE BORROWING AVAILABLE TO THE ADMINISTRATIVE AGENT, THEN THE
APPLICABLE LENDER AGREES TO PAY TO THE ADMINISTRATIVE AGENT FORTHWITH ON DEMAND
SUCH CORRESPONDING AMOUNT WITH INTEREST THEREON, FOR EACH