OR TO AVOID THE UNAVAILABILITY OF LIBOR
LOANS.
EACH LENDER SHALL DELIVER A WRITTEN STATEMENT OF SUCH LENDER AS TO THE
AMOUNT DUE, IF ANY, UNDER SECTIONS 2.14, 2.15 OR 2.17.
SUCH WRITTEN STATEMENT
SHALL SET FORTH IN REASONABLE DETAIL THE CALCULATIONS UPON WHICH SUCH LENDER
DETERMINED SUCH AMOUNT AND SHALL BE FINAL, CONCLUSIVE AND BINDING ON THE
BORROWER IN THE ABSENCE OF MANIFEST ERROR.
DETERMINATION OF AMOUNTS PAYABLE
UNDER SUCH SECTIONS IN CONNECTION WITH A LIBOR LOAN SHALL BE CALCULATED AS
THOUGH EACH LENDER FUNDED ITS LIBOR LOAN THROUGH THE PURCHASE OF A DEPOSIT OF
THE TYPE AND MATURITY CORRESPONDING TO THE DEPOSIT USED AS A REFERENCE IN
DETERMINING THE LIBOR RATE APPLICABLE TO SUCH LOAN, WHETHER IN FACT THAT IS THE
CASE OR NOT.
UNLESS OTHERWISE PROVIDED HEREIN, THE AMOUNT SPECIFIED IN THE
WRITTEN STATEMENT SHALL BE PAYABLE ON DEMAND AFTER RECEIPT BY THE BORROWER OF
THE WRITTEN STATEMENT.
THE OBLIGATIONS OF THE BORROWER UNDER SECTIONS 2.14,
2.15 AND 2.17 SHALL SURVIVE PAYMENT OF THE OBLIGATIONS AND TERMINATION OF THIS
AGREEMENT.
SECTION 2.19
EXTENSION OF REVOLVING CREDIT TERMINATION DATE.
(A)
NOT MORE
THAN ONCE IN ANY FISCAL YEAR OF THE BORROWER, THE BORROWER MAY REQUEST AN
EXTENSION OF THE REVOLVING CREDIT TERMINATION DATE TO THE FIRST OR SECOND
ANNIVERSARY OF THE THEN SCHEDULED REVOLVING CREDIT TERMINATION DATE (BUT IN NO
EVENT LATER THAN THE FOURTH ANNIVERSARY OF THE DATE OF SUCH
31
REQUEST) BY SUBMITTING A REQUEST FOR AN EXTENSION TO THE AGENT NOT LESS THAN 180
DAYS PRIOR TO THE THEN SCHEDULED REVOLVING CREDIT TERMINATION DATE.
AT THE TIME
OF OR PRIOR TO THE DELIVERY OF SUCH REQUEST, THE BORROWER SHALL PROPOSE TO THE
AGENT THE AMOUNT OF THE FEES THAT THE BORROWER WOULD AGREE TO PAY WITH RESPECT
TO SUCH EXTENSION IF APPROVED BY THE REVOLVING CREDIT LENDERS.
PROMPTLY UPON
(BUT NOT LATER THAN FIVE BUSINESS DAYS AFTER) THE AGENT'S RECEIPT AND APPROVAL
OF THE EXTENSION REQUEST AND FEE PROPOSAL (AS SO APPROVED, THE "REVOLVING CREDIT
EXTENSION REQUEST"), THE AGENT SHALL DELIVER TO EACH REVOLVING CREDIT LENDER A
COPY OF, AND SHALL REQUEST EACH REVOLVING CREDIT LENDER TO APPROVE, THE
REVOLVING CREDIT EXTENSION REQUEST.
EACH REVOLVING CREDIT LENDER APPROVING THE
REVOLVING CREDIT EXTENSION REQUEST SHALL DELIVER ITS WRITTEN APPROVAL NO LATER
THAN 60 DAYS AFTER SUCH REVOLVING CREDIT LENDER'S RECEIPT OF THE REVOLVING
CREDIT EXTENSION REQUEST.
IF THE WRITTEN APPROVAL OF THE REVOLVING CREDIT
EXTENSION REQUEST BY THE REVOLVING CREDIT LENDERS WHOSE REVOLVING CREDIT PRO
RATA SHARES EQUAL OR EXCEED 66-2/3% IN THE AGGREGATE IS RECEIVED BY THE AGENT
WITHIN SUCH 60-DAY PERIOD, THE REVOLVING CREDIT TERMINATION DATE SHALL BE
EXTENDED TO THE FIRST OR SECOND ANNIVERSARY OF THE THEN SCHEDULED REVOLVING
CREDIT TERMINATION DATE (AS SPECIFIED IN THE REVOLVING CREDIT EXTENSION REQUEST)
BUT ONLY WITH RESPECT TO THE REVOLVING CREDIT LENDERS THAT HAVE GIVEN SUCH
WRITTEN APPROVAL.
EXCEPT TO THE EXTENT THAT A REVOLVING CREDIT LENDER THAT DID
NOT GIVE ITS WRITTEN APPROVAL TO SUCH REVOLVING CREDIT EXTENSION REQUEST
("REJECTING REVOLVING CREDIT LENDER") IS