ANY COMPETITIVE BID OR
PORTION THEREOF THAT IS NOT ACCEPTED BY THE COMPANY BY THE APPLICABLE TIME
SPECIFIED IN SECTION 2.03(E) SHALL BE DEEMED REJECTED.
(H)
NOTICE OF EUROCURRENCY BASE RATE.
IF ANY
BID BORROWING IS TO CONSIST OF EURODOLLAR MARGIN LOANS, THE ADMINISTRATIVE AGENT
SHALL DETERMINE THE EUROCURRENCY BASE RATE FOR THE RELEVANT INTEREST PERIOD, AND
PROMPTLY AFTER MAKING SUCH DETERMINATION, SHALL NOTIFY THE COMPANY AND THE
LENDERS THAT WILL BE PARTICIPATING IN SUCH BID BORROWING OF SUCH EUROCURRENCY
BASE RATE.
32
(I)
FUNDING OF BID LOANS.
EACH LENDER THAT
HAS RECEIVED NOTICE PURSUANT TO SECTION 2.03(G) THAT ALL OR A PORTION OF ITS
COMPETITIVE BID HAS BEEN ACCEPTED BY THE COMPANY SHALL MAKE THE AMOUNT OF ITS
BID LOAN(S) AVAILABLE TO THE ADMINISTRATIVE AGENT IN IMMEDIATELY AVAILABLE FUNDS
AT THE ADMINISTRATIVE AGENT'S OFFICE NOT LATER THAN 1:00 P.M. ON THE DATE OF THE
REQUESTED BID BORROWING.
UPON SATISFACTION OF THE APPLICABLE CONDITIONS SET
FORTH IN SECTION 4.02, THE ADMINISTRATIVE AGENT SHALL MAKE ALL FUNDS SO RECEIVED
AVAILABLE TO THE COMPANY IN LIKE FUNDS AS RECEIVED BY THE ADMINISTRATIVE AGENT.
(J)
NOTICE OF RANGE OF BIDS.
AFTER EACH
COMPETITIVE BID AUCTION PURSUANT TO THIS SECTION 2.03, THE ADMINISTRATIVE AGENT
SHALL NOTIFY EACH LENDER THAT SUBMITTED A COMPETITIVE BID IN SUCH AUCTION OF THE
RANGES OF BIDS SUBMITTED (WITHOUT THE BIDDER'S NAME) AND ACCEPTED FOR EACH BID
LOAN AND THE AGGREGATE AMOUNT OF EACH BID BORROWING.
2.04
[RESERVED].
2.05
SWING LINE LOANS.
(A)
THE SWING LINE.
SUBJECT TO THE TERMS AND
CONDITIONS SET FORTH HEREIN, THE SWING LINE LENDER AGREES, IN RELIANCE UPON THE
AGREEMENTS OF THE OTHER LENDERS SET FORTH IN THIS SECTION 2.05, TO MAKE LOANS IN
DOLLARS (EACH SUCH LOAN, A "SWING LINE LOAN") TO THE COMPANY FROM TIME TO TIME
ON ANY BUSINESS DAY DURING THE AVAILABILITY PERIOD IN AN AGGREGATE AMOUNT NOT TO
EXCEED AT ANY TIME OUTSTANDING THE AMOUNT OF THE SWING LINE SUBLIMIT,
NOTWITHSTANDING THE FACT THAT SUCH SWING LINE LOANS, WHEN AGGREGATED WITH THE
APPLICABLE PERCENTAGE OF THE OUTSTANDING AMOUNT OF COMMITTED LOANS OF THE LENDER
ACTING AS SWING LINE LENDER, MAY EXCEED THE AMOUNT OF SUCH LENDER'S COMMITMENT;
PROVIDED, HOWEVER, THAT AFTER GIVING EFFECT TO ANY SWING LINE LOAN, (I) THE
TOTAL OUTSTANDINGS SHALL NOT EXCEED THE AGGREGATE COMMITMENTS, AND (II) THE
AGGREGATE OUTSTANDING AMOUNT OF THE COMMITTED LOANS OF ANY LENDER, PLUS SUCH
LENDER'S APPLICABLE PERCENTAGE OF THE OUTSTANDING AMOUNT OF ALL SWING LINE LOANS
SHALL NOT EXCEED SUCH LENDER'S COMMITMENT, AND PROVIDED, FURTHER, THAT (A) THE
COMPANY SHALL NOT USE THE PROCEEDS OF ANY SWING LINE LOAN TO REFINANCE ANY
OUTSTANDING SWING LINE LOAN; AND (B) THE AVAILABILITY OF THE AGGREGATE
COMMITMENTS AT ANY TIME FOR THE MAKING OF LOANS SHALL BE REDUCED BY THE AMOUNT
OF THE ALTERNATIVE CURRENCY RESERVE (IF ANY).
WITHIN THE FOREGOING LIMITS, AND
SUBJECT TO THE OTHER TERMS AND CONDITIONS HEREOF, THE COMPANY MAY BORROW UNDER
THIS SECTION 2.05, PREPAY UNDER SECTION 2.06, AND REBORROW UNDER THIS
SECTION 2.05.
EACH SWING LINE LOAN