SHALL BE PROVIDED BY THE ADMINISTRATIVE AGENT TO EACH
APPLICABLE LENDER BY FACSIMILE WITH REASONABLE PROMPTNESS, BUT (PROVIDED THE
ADMINISTRATIVE AGENT SHALL HAVE RECEIVED SUCH NOTICE BY 11:00 A.M. (NEW YORK
CITY TIME)) NOT LATER THAN 2:00 P.M. (NEW YORK CITY TIME) ON THE SAME DAY AS THE
ADMINISTRATIVE AGENT'S RECEIPT OF SUCH NOTICE OF BORROWING FROM THE APPLICABLE
CREDIT PARTY.
(IV)
EACH LENDER (OR, IF APPROPRIATE, WITH RESPECT TO ALTERNATIVE
CURRENCY LOANS, AN AFFILIATE OF SUCH LENDER) SHALL MAKE THE AMOUNT OF ITS LOAN
AVAILABLE TO THE ADMINISTRATIVE AGENT ON THE APPLICABLE CREDIT DATE BY WIRE
TRANSFER:
(A)
IF SUCH LOAN IS TO BE MADE IN DOLLARS, NOT LATER THAN 12:00 P.M.
(NEW YORK CITY TIME), OR, IF LATER, NOT MORE THAN ONE HOUR AFTER RECEIPT OF THE
ADMINISTRATIVE AGENT'S DELIVERY OF THE NOTICE PURSUANT TO CLAUSE (III) ABOVE, IN
SAME DAY FUNDS IN DOLLARS AT THE FUNDING AND PAYMENT OFFICE; OR
(B)
IF SUCH LOAN IS TO BE MADE IN AN ALTERNATIVE CURRENCY, NOT LATER
THAN 12:00 P.M. (LONDON, ENGLAND TIME), IN SUCH ALTERNATIVE CURRENCY (IN SUCH
FUNDS AS MAY THEN BE CUSTOMARY FOR THE SETTLEMENT OF INTERNATIONAL TRANSACTIONS
IN SUCH ALTERNATIVE CURRENCY) AT THE FUNDING AND PAYMENT OFFICE.
(V)
EXCEPT AS PROVIDED HEREIN, UPON SATISFACTION OR WAIVER OF THE
CONDITIONS PRECEDENT SPECIFIED IN SECTION 3.1 AND SECTION 3.2, THE
ADMINISTRATIVE AGENT SHALL MAKE THE PROCEEDS OF SUCH LOANS AVAILABLE TO THE
APPLICABLE CREDIT PARTY ON THE APPLICABLE CREDIT DATE BY CAUSING AN AMOUNT OF
SAME DAY FUNDS IN THE APPLICABLE CURRENCY EQUAL TO THE PROCEEDS OF ALL SUCH
LOANS RECEIVED BY THE ADMINISTRATIVE AGENT FROM THE LENDERS TO BE CREDITED TO
THE ACCOUNT OF THE APPLICABLE CREDIT PARTY AT THE FUNDING AND PAYMENT OFFICE OR
SUCH OTHER ACCOUNT AS MAY BE DESIGNATED IN WRITING TO THE ADMINISTRATIVE AGENT
BY THE CREDIT PARTIES.
2.2
Issuance of Letters of Credit and Purchase of
Participations Therein.
A.
LETTERS OF CREDIT.
DURING THE COMMITMENT PERIOD, SUBJECT TO THE
TERMS AND CONDITIONS HEREOF, THE ISSUING BANK AGREES TO ISSUE LETTERS OF CREDIT
FOR THE ACCOUNT OF THE BORROWER IN THE AGGREGATE AMOUNT UP TO BUT NOT EXCEEDING
THE LETTER OF CREDIT SUBLIMIT; PROVIDED (I) EACH LETTER OF CREDIT SHALL BE
DENOMINATED IN DOLLARS; (II) THE STATED AMOUNT OF EACH LETTER OF CREDIT SHALL
NOT BE LESS THAN $5,000,000 OR SUCH LESSER AMOUNT AS IS ACCEPTABLE TO THE
ISSUING BANK; (III) AFTER GIVING EFFECT TO SUCH ISSUANCE, IN NO EVENT SHALL THE
TOTAL UTILIZATION OF COMMITMENTS EXCEED THE COMMITMENTS THEN IN EFFECT; (IV)
AFTER GIVING EFFECT TO SUCH ISSUANCE, IN NO EVENT SHALL THE LETTER OF CREDIT
USAGE EXCEED THE LETTER OF CREDIT SUBLIMIT THEN IN EFFECT;
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(V) IN NO EVENT SHALL ANY STANDBY LETTER OF CREDIT HAVE AN EXPIRATION DATE LATER
THAN THE EARLIER OF (1) FIVE BUSINESS DAYS PRIOR TO THE MATURITY DATE AND (2)
THE DATE WHICH IS ONE YEAR FROM THE DATE OF ISSUANCE OF SUCH STANDBY LETTER OF
CREDIT; AND (VI) IN NO EVENT SHALL ANY