CAROLINA TIME) ON THE APPLICABLE FUNDING DATE.
SECTION 2.3
OPTIONAL CHANGES IN FACILITY AMOUNT; PREPAYMENTS.
(A)
THE BORROWER SHALL BE ENTITLED AT ITS OPTION, AT ANY TIME PRIOR TO
THE OCCURRENCE OF AN EARLY TERMINATION EVENT, TO REDUCE THE FACILITY AMOUNT IN
WHOLE OR IN PART; PROVIDED THAT THE BORROWER SHALL GIVE PRIOR WRITTEN NOTICE OF
SUCH REDUCTION TO THE ADMINISTRATIVE AGENT AND EACH MANAGING AGENT AS PROVIDED
IN PARAGRAPH (B) OF THIS SECTION 2.3 AND THAT ANY PARTIAL REDUCTION OF THE
FACILITY AMOUNT SHALL BE IN AN AMOUNT EQUAL TO $3,000,000 WITH INTEGRAL
MULTIPLES OF $500,000 ABOVE SUCH AMOUNT.
UNLESS OTHERWISE AGREED BY THE
COMMITTED LENDERS, THE COMMITMENT OF EACH COMMITTED LENDER SHALL BE REDUCED
RATABLY IN PROPORTION TO SUCH REDUCTION IN THE FACILITY AMOUNT.
ANY REQUEST FOR
A REDUCTION OR TERMINATION PURSUANT TO THIS SECTION 2.3 SHALL BE IRREVOCABLE.
(B)
FROM TIME TO TIME DURING THE REVOLVING PERIOD THE BORROWER MAY
PREPAY ANY PORTION OR ALL OF THE ADVANCES OUTSTANDING, OTHER THAN WITH RESPECT
TO MANDATORY PREPAYMENTS, BY DELIVERING TO THE ADMINISTRATIVE AGENT AND EACH
MANAGING AGENT A BORROWER NOTICE AT LEAST TWO (2) BUSINESS DAY PRIOR TO THE DATE
OF SUCH REPAYMENT; PROVIDED, THAT NO SUCH REDUCTION SHALL BE GIVEN EFFECT UNLESS
THE BORROWER HAS COMPLIED WITH THE TERMS OF ANY HEDGING AGREEMENT REQUIRING THAT
ONE OR MORE HEDGE TRANSACTIONS BE TERMINATED IN WHOLE OR IN PART AS THE RESULT
OF ANY SUCH PREPAYMENT OF THE ADVANCES OUTSTANDING, AND THE BORROWER HAS PAID
ALL HEDGE BREAKAGE COSTS OWING TO THE RELEVANT HEDGE COUNTERPARTY FOR ANY SUCH
TERMINATION.
IF ANY BORROWER NOTICE RELATING TO ANY PREPAYMENT IS GIVEN, THE
AMOUNT SPECIFIED IN SUCH BORROWER NOTICE SHALL BE DUE AND PAYABLE ON THE DATE
SPECIFIED THEREIN, TOGETHER WITH ACCRUED INTEREST TO THE PAYMENT DATE ON THE
AMOUNT PREPAID AND ANY BREAKAGE COSTS (INCLUDING HEDGE BREAKAGE COSTS) RELATED
THERETO.
ANY PARTIAL PREPAYMENT BY THE BORROWER OF ADVANCES HEREUNDER, OTHER
THAN WITH RESPECT TO MANDATORY PREPAYMENTS, SHALL BE IN A MINIMUM AMOUNT OF
$500,000 WITH INTEGRAL MULTIPLES OF $100,000 ABOVE SUCH AMOUNT.
ANY AMOUNT SO
PREPAID MAY, SUBJECT TO THE TERMS AND CONDITIONS HEREOF, BE REBORROWED DURING
THE REVOLVING PERIOD.
A BORROWER NOTICE RELATING TO ANY SUCH PREPAYMENT SHALL
BE IRREVOCABLE WHEN DELIVERED.
(C)
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, THE BORROWER
SHALL HAVE THE RIGHT, AT ANY TIME FROM THE EFFECTIVE DATE UNTIL THE COMMITMENT
TERMINATION DATE, TO INCREASE THE FACILITY AMOUNT BY AN AMOUNT UP TO $75,000,000
(FOR A TOTAL MAXIMUM FACILITY AMOUNT OF $125,000,000).
THE FOLLOWING TERMS AND
CONDITIONS SHALL APPLY TO ANY SUCH INCREASE:
(I) ANY SUCH INCREASE SHALL BE
OBTAINED FROM EXISTING LENDERS OR FROM OTHER ELIGIBLE ASSIGNEES, IN EACH CASE IN
ACCORDANCE WITH THE TERMS SET FORTH BELOW; (II) THE COMMITMENT OF ANY LENDER MAY
NOT BE INCREASED WITHOUT THE PRIOR WRITTEN CONSENT OF SUCH LENDER; (III) ANY
INCREASE IN THE FACILITY AMOUNT SHALL BE IN A MINIMUM PRINCIPAL AMOUNT OF
$5,000,000; (IV) THE BORROWER AND LENDERS SHALL EXECUTE AN ACKNOWLEDGEMENT (OR