THE ADMINISTRATIVE
AGENT SHALL MAKE ALL FUNDS SO RECEIVED AVAILABLE TO THE BORROWER IN LIKE FUNDS
AS RECEIVED BY THE ADMINISTRATIVE AGENT EITHER BY (I) CREDITING THE ACCOUNT OF
THE BORROWER ON THE BOOKS OF BANK OF AMERICA WITH THE AMOUNT OF SUCH FUNDS OR
(II) WIRE TRANSFER OF SUCH FUNDS, IN EACH CASE IN ACCORDANCE WITH INSTRUCTIONS
PROVIDED TO (AND REASONABLY ACCEPTABLE TO) THE ADMINISTRATIVE AGENT BY THE
BORROWER.
(C)
EXCEPT AS OTHERWISE PROVIDED HEREIN, A EURODOLLAR RATE LOAN MAY BE
CONTINUED OR CONVERTED ONLY ON THE LAST DAY OF AN INTEREST PERIOD FOR SUCH
EURODOLLAR RATE LOAN.
DURING THE EXISTENCE OF AN EVENT OF DEFAULT UNDER SECTION
8.01(A), (F) OR (G), NO LOANS MAY BE REQUESTED AS, CONVERTED TO OR CONTINUED AS
EURODOLLAR RATE LOANS WITHOUT THE CONSENT OF THE REQUIRED LENDERS.
(D)
THE ADMINISTRATIVE AGENT SHALL PROMPTLY NOTIFY THE BORROWER AND
THE LENDERS OF THE INTEREST RATE APPLICABLE TO ANY INTEREST PERIOD FOR
EURODOLLAR RATE LOANS UPON DETERMINATION OF SUCH INTEREST RATE.
AT ANY TIME
THAT U.S. BASE RATE LOANS ARE OUTSTANDING, THE ADMINISTRATIVE AGENT SHALL NOTIFY
THE BORROWER AND THE LENDERS OF ANY CHANGE IN BANK OF AMERICA'S PRIME RATE USED
IN DETERMINING THE U.S. BASE RATE PROMPTLY FOLLOWING SUCH CHANGE.
22
(E)
AFTER GIVING EFFECT TO THE BORROWING, ALL CONVERSIONS OF LOANS
FROM ONE TYPE TO THE OTHER, AND ALL CONTINUATIONS OF LOANS AS THE SAME TYPE,
THERE SHALL NOT BE MORE THAN 10 INTEREST PERIODS IN EFFECT IN RESPECT OF THE
FACILITY.
2.03
Repayment of Loans.
The Borrower shall repay to the Administrative
Agent for the ratable account of the Lenders the outstanding principal amount of
all Loans made to the Borrower on the Maturity Date (which amounts shall be
reduced as a result of the application of prepayments in accordance with Section
2.04).
2.04
PREPAYMENTS OF LOANS
(A)
OPTIONAL.
THE BORROWER MAY, UPON
NOTICE FROM THE BORROWER TO THE ADMINISTRATIVE AGENT, AT ANY TIME OR FROM TIME
TO TIME VOLUNTARILY PREPAY LOANS IN WHOLE OR IN PART WITHOUT PREMIUM OR PENALTY;
PROVIDED THAT (A) SUCH NOTICE MUST BE RECEIVED BY THE ADMINISTRATIVE AGENT NOT
LATER THAN THE 12:00 NOON (1) THREE BUSINESS DAYS PRIOR TO ANY DATE OF
PREPAYMENT OF EURODOLLAR RATE LOANS AND (2) ON THE DATE OF PREPAYMENT OF U.S.
BASE RATE LOANS; (B) ANY PREPAYMENT OF EURODOLLAR RATE LOANS SHALL BE IN A
PRINCIPAL AMOUNT OF $2,500,000 OR A WHOLE MULTIPLE OF $1,000,000 IN EXCESS
THEREOF; AND (C) ANY PREPAYMENT OF U.S. BASE RATE LOANS SHALL BE IN A PRINCIPAL
AMOUNT OF $500,000 OR A WHOLE MULTIPLE OF $100,000 IN EXCESS THEREOF OR, IN EACH
CASE, IF LESS, THE ENTIRE PRINCIPAL AMOUNT THEREOF THEN OUTSTANDING.
EACH SUCH
NOTICE SHALL SPECIFY THE DATE AND AMOUNT OF SUCH PREPAYMENT AND THE TYPE(S) OF
LOANS TO BE PREPAID AND, IF EURODOLLAR RATE LOANS ARE TO BE PREPAID, THE
INTEREST PERIOD(S) OF SUCH LOANS.
THE ADMINISTRATIVE AGENT WILL PROMPTLY NOTIFY
EACH LENDER OF ITS RECEIPT OF EACH SUCH NOTICE, AND OF THE AMOUNT