(B) THE DATE OF SUCH BORROWING (WHICH SHALL BE A BUSINESS DAY) AND
THE AMOUNT THEREOF; (C) IF SUCH LOAN IS TO BE A EURODOLLAR LOAN, THE INTEREST
PERIOD WITH RESPECT THERETO, PROVIDED, HOWEVER, THAT BORROWER SHALL NOT SPECIFY
ANY INTEREST PERIOD WHICH EXPIRES AFTER THE END OF THE WORKING CAPITAL LINE
CONTRACT PERIOD OR THE CAP EX LINE CONTRACT PERIOD, AS APPLICABLE.
IF NO
ELECTION AS TO THE TYPE OF LOAN IS SPECIFIED IN ANY SUCH NOTICE, THEN THE
REQUESTED LOAN SHALL BE A BASE RATE LOAN.
IF NO INTEREST PERIOD WITH RESPECT TO
ANY EURODOLLAR LOAN IS SPECIFIED IN ANY SUCH NOTICE, THEN BORROWER SHALL BE
DEEMED TO HAVE SELECTED AN INTEREST PERIOD OF ONE MONTH'S DURATION.
IN ADDITION
TO THE FOREGOING, EACH REQUEST FOR AN ADVANCE UNDER THE CAP EX LINE SHALL
INCLUDE THE APPLICABLE INVOICE AND SUCH OTHER INFORMATION AS AGENT SHALL
REASONABLY REQUIRE IN CONNECTION WITH THE EQUIPMENT BEING PURCHASED WITH THE
PROCEEDS OF SUCH ADVANCE.
(D)
BORROWER MAY REQUEST THAT CAP EX LINE LENDERS QUOTE A FIXED RATE
OF INTEREST (A "FIXED RATE") IN RESPECT OF ANY ADVANCE UNDER THE CAP EX LINE.
IF BORROWER ELECTS A FIXED RATE, SUCH FIXED RATE SHALL REMAIN IN EFFECT FROM THE
EFFECTIVE DATE THEREOF THROUGH THE TERM OF THE APPLICABLE ADVANCE UNDER THE CAP
EX LINE.
(E)
REQUIRED LENDERS MAY, IN THEIR SOLE DISCRETION, MAKE OR PERMIT
LOANS OR THE ISSUING BANK MAY ISSUE OR PERMIT THE ISSUANCE OF LETTERS OF CREDIT
IN EXCESS OF THE MAXIMUM NON-SEASONAL WORKING CAPITAL LINE AMOUNT, THE MAXIMUM
SEASONAL WORKING CAPITAL LINE AMOUNT, OR ANY OTHER APPLICABLE FORMULAS OR
SUBLIMITS.
THE CAP EX LENDERS MAY, IN THEIR SOLE DISCRETION, MAKE OR PERMIT
LOANS IN EXCESS OF THE MAXIMUM CAP EX LINE AMOUNT OR ANY OTHER APPLICABLE
FORMULAS OR SUBLIMITS.
IF LENDERS OR ISSUING BANK, AS APPLICABLE, MAKE OR
PERMIT ANY SUCH ACCOMMODATIONS, ALL OR ANY PORTION OF SUCH EXCESS(ES) SHALL BE
IMMEDIATELY DUE AND PAYABLE UPON AGENT'S DEMAND.
SHOULD ANY SUCH EXCESS OCCUR
WITHOUT LENDERS' PRIOR WRITTEN CONSENT, SUCH EXCESS SHALL BE DUE AND PAYABLE
IMMEDIATELY AND WITHOUT DEMAND BY AGENT.
(F)
BORROWER MAY PREPAY (I) LOANS WHICH ARE BASE RATE LOANS ON ANY
BUSINESS DAY AND (II) SUBJECT TO THE PROVISIONS OF SECTION 3.12 HEREOF, UPON
THREE (3) BUSINESS DAYS' WRITTEN NOTICE TO AGENT, LOANS WHICH ARE EURODOLLAR
LOANS ON A DAY OTHER THAN THE LAST DAY OF THE APPLICABLE INTEREST PERIOD AND
LOANS WHICH ARE FIXED RATE LOANS ON A DAY OTHER THAN THE LAST DAY OF THE
APPLICABLE TERM THEREOF.
NOTWITHSTANDING THE FOREGOING, ALL HEDGING AGREEMENTS
(INCLUDING WITHOUT LIMITATION, SWAP AGREEMENTS, AS DEFINED IN 11 U.S.C. § 101,
AS IN EFFECT FROM TIME TO TIME), IF ANY, BETWEEN BORROWER AND ANY LENDER OR ITS
AFFILIATES ARE INDEPENDENT AGREEMENTS GOVERNED BY THE WRITTEN PROVISIONS OF SAID
HEDGING AGREEMENTS, WHICH WILL REMAIN IN FULL FORCE AND EFFECT, UNAFFECTED BY
ANY REPAYMENT, PREPAYMENT, ACCELERATION, REDUCTION, INCREASE OR CHANGE IN THE
TERMS OF THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT, EXCEPT AS