OR
EMPLOYEE OF ANY LOAN PARTY SHALL BE TREATED AS BEING PROVIDED, EXECUTED OR
ATTESTED TO ON BEHALF OF SUCH LOAN PARTY, AND NOT IN SUCH OFFICER'S, DIRECTOR'S
OR EMPLOYEE'S INDIVIDUAL CAPACITY.
41
ARTICLE II
THE CREDITS
SECTION 2.01.
REVOLVING COMMITMENTS; TRANCHE E TERM LOANS; DELAYED DRAW
COMMITMENTS.
(A)
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, EACH
REVOLVING LENDER AGREES TO MAKE REVOLVING LOANS TO THE BORROWER FROM TIME TO
TIME DURING THE REVOLVING AVAILABILITY PERIOD IN AN AGGREGATE PRINCIPAL AMOUNT
THAT WILL NOT RESULT IN SUCH REVOLVING LENDER'S REVOLVING EXPOSURE EXCEEDING
SUCH LENDER'S REVOLVING COMMITMENT.
WITHIN THE FOREGOING LIMITS AND SUBJECT TO
THE TERMS AND CONDITIONS SET FORTH HEREIN, THE BORROWER MAY BORROW, PREPAY AND
REBORROW REVOLVING LOANS.
(B)
THE TRANCHE E TERM LOANS CONSTITUTE LOANS MADE PURSUANT TO THIS AGREEMENT
FOR ALL PURPOSES OF THE LOAN DOCUMENTS.
AMOUNTS REPAID OR PREPAID IN RESPECT OF
TRANCHE E TERM LOANS MAY NOT BE REBORROWED.
(C)
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, EACH DELAYED DRAW
LENDER AGREES TO MAKE A DELAYED DRAW TERM LOAN TO THE BORROWER ON A SINGLE DATE
ON OR BEFORE NOVEMBER 1, 2007, IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING
ITS DELAYED DRAW COMMITMENT.
ANY AMOUNT REPAID OR PREPAID IN RESPECT OF DELAYED
DRAW TERM LOANS MAY NOT BE REBORROWED.
SECTION 2.02.
LOANS AND BORROWINGS.
(A)
EACH
LOAN (OTHER THAN A SWINGLINE
LOAN) SHALL BE MADE AS PART OF A BORROWING CONSISTING OF LOANS OF THE SAME CLASS
AND TYPE MADE BY THE LENDERS RATABLY IN ACCORDANCE WITH THEIR RESPECTIVE
COMMITMENTS OF THE APPLICABLE CLASS.
THE FAILURE OF ANY LENDER TO MAKE ANY LOAN
REQUIRED TO BE MADE BY IT SHALL NOT RELIEVE ANY OTHER LENDER OF ITS OBLIGATIONS
HEREUNDER; PROVIDED THAT THE COMMITMENTS OF THE LENDERS ARE SEVERAL AND NO
LENDER SHALL BE RESPONSIBLE FOR ANY OTHER LENDER'S FAILURE TO MAKE LOANS AS
REQUIRED.
(B)
SUBJECT TO SECTION 2.14, EACH REVOLVING BORROWING AND TERM BORROWING SHALL
BE COMPRISED ENTIRELY OF ABR LOANS OR EURODOLLAR LOANS AS THE BORROWER MAY
REQUEST IN ACCORDANCE HEREWITH; PROVIDED THAT EACH EURODOLLAR TRANCHE E TERM
BORROWING THAT HAS AN INTEREST PERIOD BEGINNING PRIOR TO THE DATE THAT IS
30 DAYS AFTER THE THIRD RESTATEMENT EFFECTIVE DATE SHALL HAVE AN INTEREST PERIOD
WITH A DURATION OF ONE MONTH.
EACH COMMITTED SWINGLINE LOAN SHALL BE AN ABR
LOAN.
EACH LENDER AT ITS OPTION MAY MAKE ANY EURODOLLAR LOAN BY CAUSING ANY
DOMESTIC OR FOREIGN BRANCH OR AFFILIATE OF SUCH LENDER TO MAKE SUCH LOAN;
PROVIDED THAT (I) ANY EXERCISE OF SUCH OPTION SHALL NOT AFFECT THE OBLIGATION OF
THE BORROWER TO REPAY SUCH LOAN IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT
AND (II) THE BORROWER SHALL BE ENTITLED TO TREAT ANY LENDER EXERCISING SUCH
OPTION AS THE LENDER IN RESPECT OF SUCH EURODOLLAR LOAN FOR ALL PURPOSES
HEREUNDER, INCLUDING SECTION 2.15.
(C)
AT THE COMMENCEMENT OF EACH INTEREST PERIOD FOR ANY EURODOLLAR BORROWING,
SUCH BORROWING SHALL BE IN AN AGGREGATE AMOUNT THAT IS AN INTEGRAL MULTIPLE