OF THE LOANS
HAS BEEN ACCELERATED (BUT SUBJECT TO THE CONSENT OF REVOLVING LENDERS WITH LC
EXPOSURE REPRESENTING GREATER THAN 50% OF THE TOTAL LC EXPOSURE), BE APPLIED TO
SATISFY THE SENIOR OBLIGATIONS.
IF THE BORROWER IS REQUIRED TO PROVIDE AN
AMOUNT OF CASH COLLATERAL HEREUNDER AS A RESULT OF THE OCCURRENCE OF AN EVENT OF
DEFAULT, SUCH AMOUNT (TO THE EXTENT NOT APPLIED AS AFORESAID) SHALL BE RETURNED
TO THE BORROWER WITHIN THREE BUSINESS DAYS AFTER ALL EVENTS OF DEFAULT HAVE BEEN
CURED OR WAIVED (OR, DURING A CASH SWEEP PERIOD, PAID INTO THE CITIBANK
CONCENTRATION ACCOUNT).
IF THE BORROWER IS REQUIRED TO PROVIDE AN AMOUNT OF
CASH COLLATERAL HEREUNDER PURSUANT TO SECTION 2.11(B), SUCH AMOUNT (TO THE
EXTENT NOT APPLIED AS AFORESAID) SHALL BE RETURNED TO THE BORROWER AS AND TO THE
EXTENT THAT, AFTER GIVING EFFECT TO SUCH RETURN, THE BORROWER WOULD REMAIN IN
COMPLIANCE WITH SECTION 2.11(B) AND NO DEFAULT SHALL HAVE OCCURRED AND BE
CONTINUING.
UNLESS AND EXCEPT TO THE EXTENT THAT THE DEPOSIT OF CASH COLLATERAL
DIRECTLY BY THE BORROWER WOULD NOT RESULT IN AN OBLIGATION TO GRANT A SECURITY
INTEREST IN SUCH CASH COLLATERAL TO THE HOLDERS OF OTHER OUTSTANDING
INDEBTEDNESS OF THE BORROWER, THE BORROWER WILL CAUSE SUBSIDIARY LOAN PARTIES
(AND, PRIOR TO THE BORROWING BASE DATE, HOLDINGS AND ITS SUBSIDIARIES) TO
DEPOSIT ALL CASH COLLATERAL REQUIRED TO BE DEPOSITED PURSUANT TO THIS
SECTION 2.05(J) OR SECTION 2.11(B).
(K)
ADDITIONAL ISSUING BANKS
THE BORROWER MAY, AT ANY TIME AND FROM TIME TO
TIME WITH THE CONSENT OF THE ADMINISTRATIVE AGENT (WHICH CONSENT SHALL NOT BE
UNREASONABLY WITHHELD) AND SUCH LENDER, DESIGNATE ONE OR MORE ADDITIONAL LENDERS
TO ACT AS AN ISSUING BANK UNDER THE TERMS OF THIS AGREEMENT.
ANY LENDER
DESIGNATED AS AN ISSUING BANK PURSUANT TO THIS CLAUSE (K) SHALL BE DEEMED TO BE
AN "ISSUING BANK" (IN ADDITION TO BEING A LENDER) IN RESPECT OF LETTERS OF
CREDIT ISSUED OR TO BE ISSUED BY SUCH LENDER, AND, WITH RESPECT TO SUCH LETTERS
OF CREDIT, SUCH TERM SHALL THEREAFTER APPLY TO THE OTHER ISSUING BANKS AND SUCH
LENDER IN ITS CAPACITY AS AN ISSUING BANK.
(L)
REPORTING BY ISSUING BANKS TO THE ADMINISTRATIVE AGENT.
AT THE END OF EACH
WEEK AND OTHERWISE UPON REQUEST OF THE ADMINISTRATIVE AGENT, EACH ISSUING BANK
SHALL PROVIDE THE ADMINISTRATIVE AGENT WITH A CERTIFICATE IDENTIFYING THE
LETTERS OF CREDIT ISSUED BY SUCH ISSUING BANK AND OUTSTANDING ON SUCH DATE, THE
AMOUNT AND EXPIRATION DATE OF EACH SUCH LETTER OF CREDIT, THE BENEFICIARY
THEREOF, THE AMOUNT, IF ANY, DRAWN UNDER EACH SUCH LETTER OF CREDIT AND ANY
OTHER INFORMATION REASONABLY REQUESTED BY THE ADMINISTRATIVE AGENT WITH RESPECT
TO SUCH LETTERS OF CREDIT.
THE ADMINISTRATIVE AGENT SHALL PROMPTLY ENTER ALL
SUCH INFORMATION RECEIVED BY IT PURSUANT TO THIS SECTION 2.05(L) IN THE
REGISTER.
46
SECTION 2.06.
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,