SUCH DATE
BECAUSE ANY CONDITION PRECEDENT HEREIN SPECIFIED SHALL NOT HAVE BEEN MET, RETURN
THE AMOUNTS SO RECEIVED TO THE RESPECTIVE LENDERS.
(D)
UNLESS THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED NOTICE FROM A
LENDER PRIOR TO THE DATE OF ANY BORROWING THAT SUCH LENDER WILL NOT MAKE
AVAILABLE TO THE ADMINISTRATIVE AGENT SUCH LENDER'S PORTION OF SUCH BORROWING,
THE ADMINISTRATIVE AGENT MAY ASSUME THAT SUCH LENDER HAS MADE SUCH PORTION
AVAILABLE TO THE ADMINISTRATIVE AGENT ON THE DATE OF SUCH BORROWING IN
ACCORDANCE WITH PARAGRAPH (C) ABOVE, AND THE ADMINISTRATIVE AGENT MAY, IN
RELIANCE UPON SUCH ASSUMPTION, MAKE AVAILABLE TO BORROWER ON SUCH DATE A
CORRESPONDING AMOUNT.
IF THE ADMINISTRATIVE AGENT SHALL HAVE SO MADE FUNDS
AVAILABLE, THEN, TO THE EXTENT THAT SUCH LENDER SHALL NOT HAVE MADE SUCH PORTION
AVAILABLE TO THE ADMINISTRATIVE AGENT, EACH OF SUCH LENDER AND BORROWER
SEVERALLY AGREES TO REPAY TO THE ADMINISTRATIVE AGENT FORTHWITH ON DEMAND SUCH
CORRESPONDING AMOUNT TOGETHER WITH INTEREST THEREON, FOR EACH DAY FROM THE DATE
SUCH AMOUNT IS MADE AVAILABLE TO BORROWER UNTIL THE DATE SUCH AMOUNT IS REPAID
TO THE ADMINISTRATIVE AGENT AT (I) IN THE CASE OF BORROWER, THE INTEREST RATE
APPLICABLE AT THE TIME TO THE LOANS COMPRISING SUCH
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BORROWING AND (II) IN THE CASE OF SUCH LENDER, THE GREATER OF THE FEDERAL FUNDS
EFFECTIVE RATE AND A RATE DETERMINED BY THE ADMINISTRATIVE AGENT IN ACCORDANCE
WITH BANKING INDUSTRY RULES ON INTERBANK COMPENSATION.
IF SUCH LENDER SHALL
REPAY TO THE ADMINISTRATIVE AGENT SUCH CORRESPONDING AMOUNT, SUCH AMOUNT SHALL
CONSTITUTE SUCH LENDER'S LOAN AS PART OF SUCH BORROWING FOR PURPOSES OF THIS
AGREEMENT, AND BORROWER'S OBLIGATION TO REPAY THE ADMINISTRATIVE AGENT SUCH
CORRESPONDING AMOUNT PURSUANT TO THIS SECTION 2.02(D) SHALL CEASE.
(E)
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, BORROWER
SHALL NOT BE ENTITLED TO REQUEST, OR TO ELECT TO CONVERT OR CONTINUE, ANY
BORROWING IF THE INTEREST PERIOD REQUESTED WITH RESPECT THERETO WOULD END AFTER
THE CLASS A REVOLVING MATURITY DATE, CLASS B REVOLVING MATURITY DATE, TRANCHE B
MATURITY DATE OR INCREMENTAL TRANCHE B MATURITY DATE, AS APPLICABLE.
(F)
ANY "REVOLVING LOANS" OUTSTANDING ON THE RESTATEMENT EFFECTIVE
DATE SHALL BE CONTINUED AS REVOLVING LOANS HEREUNDER; PROVIDED THAT AFTER GIVING
EFFECT TO THE AMENDMENT AND RESTATEMENT AGREEMENT, (X) EACH CLASS B REVOLVING
LENDER WILL BE DEEMED TO BE HOLDING SUCH LOANS AS "CLASS B REVOLVING LOANS" AND
(Y) EACH CLASS A REVOLVING LENDER WILL BE DEEMED TO BE HOLDING SUCH LOANS AS
"CLASS A REVOLVING LOANS."
(G)
FOLLOWING THE RESTATEMENT EFFECTIVE DATE BUT ON OR PRIOR TO
JUNE 1, 2011, WITH THE CONSENT OF BORROWER ANY CLASS B REVOLVING LENDER MAY
ELECT TO HAVE ALL (BUT NOT LESS THAN ALL) ITS CLASS B REVOLVING COMMITMENT
DEEMED TO BE A CLASS A REVOLVING COMMITMENT ON ANY DATE (EACH DATE, A
"DESIGNATION DATE") PRIOR TO THE CLASS B REVOLVING MATURITY DATE; PROVIDED THAT
SUCH REVOLVING LENDER SHALL HAVE PROVIDED WRITTEN NOTICE TO BORROWER AND THE
ADMINISTRATIVE AGENT AT LEAST FIVE BUSINESS DAYS' PRIOR TO SUCH DESIGNATION DATE
(OR