or such other period as requested by the Borrower and agreed to by all the
Lenders; provided, that
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(I)
IF ANY INTEREST PERIOD WOULD END ON A DAY OTHER THAN A BUSINESS
DAY, SUCH INTEREST PERIOD SHALL BE EXTENDED TO THE NEXT SUCCEEDING BUSINESS DAY
UNLESS SUCH NEXT SUCCEEDING BUSINESS DAY WOULD FALL IN THE NEXT CALENDAR MONTH,
IN WHICH CASE SUCH INTEREST PERIOD SHALL END ON THE NEXT PRECEDING BUSINESS DAY;
(II)
ANY INTEREST PERIOD OF ONE OR MORE WHOLE MONTHS THAT COMMENCES ON
THE LAST BUSINESS DAY OF A CALENDAR MONTH (OR ON A DAY FOR WHICH THERE IS NO
NUMERICALLY CORRESPONDING DAY IN THE LAST CALENDAR MONTH OF SUCH INTEREST
PERIOD) SHALL END ON THE LAST BUSINESS DAY OF THE LAST CALENDAR MONTH OF SUCH
INTEREST PERIOD; AND
(III)
THE BORROWER MAY NOT SELECT ANY INTEREST PERIOD THAT MAY END AFTER
THE MATURITY DATE.
FOR PURPOSES HEREOF, THE DATE OF A BORROWING INITIALLY SHALL BE THE DATE ON
WHICH SUCH BORROWING IS MADE AND THEREAFTER SHALL BE THE EFFECTIVE DATE OF THE
MOST RECENT CONVERSION OR CONTINUATION OF SUCH BORROWING.
"L/C Advance" has the meaning specified in Section 2.02(f).
"L/C Credit Extension" means the issuance by the L/C Issuer of a Letter of
Credit (including the deemed issuance of the Existing Letters of Credit on the
Effective Date), or any extension of the expiry date thereof, or any renewal or
increase of the amount thereof.
"L/C Disbursement" means a payment made by the L/C Issuer pursuant to a Letter
of Credit.
"L/C Issuer" has the meaning specified in the preamble hereto.
"L/C Obligations" means, at any time, the aggregate available amount of the
Letters of Credit plus the aggregate outstanding principal amount of all L/C
Advances.
"LENDERS" MEANS THE PERSONS LISTED ON SCHEDULE 2.01 AND ANY OTHER PERSON THAT
SHALL HAVE BECOME A PARTY HERETO PURSUANT TO AN ASSIGNMENT AND ASSUMPTION, OTHER
THAN ANY SUCH PERSON THAT CEASES TO BE A PARTY HERETO PURSUANT TO AN ASSIGNMENT
AND ASSUMPTION.
"LETTER OF CREDIT" MEANS ANY LETTER OF CREDIT ISSUED PURSUANT TO THIS AGREEMENT
(INCLUDING, WITHOUT LIMITATION, THE EXISTING LETTERS OF CREDIT).
"LETTER OF CREDIT APPLICATION" MEANS, AS APPLICABLE, AN APPLICATION FOR (I) THE
ISSUANCE OF A LETTER OF CREDIT OR (II) THE AMENDMENT OF A LETTER OF CREDIT , IN
EACH CASE IN A FORM ACCEPTABLE TO THE L/C ISSUER AND EXECUTED AND DELIVERED BY
THE BORROWER (AND, IF REQUESTING THE ISSUANCE OF A LETTER OF CREDIT FOR A
SUBSIDIARY OF THE BORROWER OR THE GUARANTOR, SUCH SUBSIDIARY).
"LIBO Rate" means, with respect to any Eurodollar Borrowing for any Interest
Period, the British Bankers Association London Interbank Offered Rate ("BBA
LIBOR"), as it is published by Reuters or any successor to or substitute for
such service, providing rate quotations of BBA LIBOR, as determined by the
Administrative Agent from time to time for purposes of
11
providing quotations of interest rates applicable to dollar deposits in the
London interbank market) at approximately 11:00 a.m., London