FUNDS SO RECEIVED AVAILABLE TO THE BORROWERS IN LIKE FUNDS AS
RECEIVED BY THE ADMINISTRATIVE AGENT BY WIRE TRANSFER OF SUCH FUNDS TO THE
ACCOUNT SPECIFIED BY THE APPLICABLE BORROWER.
(C)
EXCEPT AS OTHERWISE PROVIDED HEREIN, A
FIXED PERIOD EURODOLLAR LOAN MAY BE CONTINUED OR CONVERTED ONLY ON THE LAST DAY
OF AN INTEREST PERIOD FOR SUCH LOAN. DURING THE EXISTENCE OF A DEFAULT, NO LOANS
MAY BE REQUESTED AS, CONVERTED TO OR CONTINUED AS FIXED PERIOD EURODOLLAR LOANS
WITHOUT THE CONSENT OF THE REQUIRED LENDERS.
(D)
THE ADMINISTRATIVE AGENT SHALL PROMPTLY
NOTIFY THE BORROWERS AND THE LENDERS OF THE INTEREST RATE APPLICABLE TO ANY
INTEREST PERIOD FOR FIXED PERIOD EURODOLLAR LOANS UPON DETERMINATION OF SUCH
INTEREST RATE. AT ANY TIME THAT BASE RATE LOANS ARE OUTSTANDING, THE
ADMINISTRATIVE AGENT SHALL NOTIFY THE BORROWERS AND THE LENDERS OF ANY CHANGE IN
BANK OF AMERICA'S PRIME RATE USED IN DETERMINING THE BASE RATE PROMPTLY
FOLLOWING THE PUBLIC ANNOUNCEMENT OF SUCH CHANGE.
(E)
AFTER GIVING EFFECT TO ALL REVOLVING LOANS,
ALL CONVERSIONS OF REVOLVING LOANS FROM ONE TYPE TO THE OTHER, AND ALL
CONTINUATIONS OF REVOLVING LOANS AS THE SAME TYPE, THERE SHALL NOT BE MORE THAN
TEN (10) INTEREST PERIODS IN EFFECT WITH RESPECT TO REVOLVING LOANS.
2.03
SWINGLINE LOANS.
(A)
THE SWINGLINE. SUBJECT TO THE TERMS AND
CONDITIONS SET FORTH HEREIN, THE SWINGLINE LENDER AGREES, IN RELIANCE UPON THE
AGREEMENTS OF THE OTHER LENDERS SET FORTH IN THIS SECTION 2.03, TO MAKE TRANCHE
A LOANS AND TRANCHE B LOANS (EACH SUCH LOAN, A "SWINGLINE LOAN") TO THE
BORROWERS FROM TIME TO TIME ON ANY BUSINESS DAY DURING THE AVAILABILITY PERIOD
IN AN AGGREGATE AMOUNT NOT TO EXCEED AT ANY TIME OUTSTANDING THE AMOUNT OF THE
SWINGLINE SUBLIMIT, NOTWITHSTANDING THE FACT THAT SUCH SWINGLINE LOANS, WHEN
AGGREGATED WITH THE APPLICABLE PERCENTAGE OF THE OUTSTANDING AMOUNT OF REVOLVING
LOANS OF THE LENDER ACTING AS SWINGLINE LENDER, MAY EXCEED THE AMOUNT OF SUCH
LENDER'S COMMITMENT; PROVIDED, HOWEVER, THAT AFTER GIVING EFFECT TO ANY
SWINGLINE LOAN, (I) THE OUTSTANDING AMOUNT OF THE LOANS IN THE APPLICABLE
TRANCHE DOES NOT EXCEED (A) IN THE CASE OF TRANCHE A LOANS, TRANCHE A
AVAILABILITY AND (B) IN THE CASE OF TRANCHE B LOANS, TRANCHE B AVAILABILITY,
(II) THE TOTAL OUTSTANDINGS DO NOT EXCEED THE AGGREGATE BORROWING AVAILABILITY,
AND (III) THE AGGREGATE OUTSTANDING AMOUNT OF THE REVOLVING LOANS OF ANY LENDER,
PLUS SUCH LENDER'S APPLICABLE PERCENTAGE OF THE OUTSTANDING AMOUNT OF ALL
SWINGLINE LOANS SHALL NOT EXCEED SUCH LENDER'S COMMITMENT, AND PROVIDED,
FURTHER, THAT THE APPLICABLE BORROWER SHALL NOT USE THE PROCEEDS OF ANY
SWINGLINE LOAN TO REFINANCE ANY OUTSTANDING SWINGLINE LOAN. WITHIN THE FOREGOING
LIMITS, AND SUBJECT TO THE OTHER TERMS AND CONDITIONS HEREOF, THE BORROWERS MAY
BORROW UNDER THIS SECTION 2.03, PREPAY UNDER SECTION 2.04, AND REBORROW UNDER
THIS SECTION 2.03. EACH SWINGLINE LOAN SHALL BE EITHER A BASE RATE LOAN OR A
DAILY FLOATING EURODOLLAR LOAN
30
AS SELECTED BY THE APPLICABLE BORROWER. IMMEDIATELY UPON THE MAKING OF A
SWINGLINE LOAN, EACH LENDER SHALL