IF DIFFERENT OPTIONS ARE BEING ELECTED WITH RESPECT TO DIFFERENT PORTIONS
THEREOF, THE PORTIONS THEREOF TO BE ALLOCATED TO EACH RESULTING STANDBY
BORROWING (IN WHICH CASE THE INFORMATION TO BE SPECIFIED PURSUANT TO CLAUSES
(III) AND (IV) BELOW SHALL BE SPECIFIED FOR EACH RESULTING STANDBY BORROWING);
35
(II)
THE EFFECTIVE DATE OF THE ELECTION MADE PURSUANT TO SUCH INTEREST ELECTION
REQUEST, WHICH SHALL BE A BUSINESS DAY;
(III)
WHETHER THE RESULTING STANDBY BORROWING IS TO BE AN ABR BORROWING OR A
EURODOLLAR STANDBY BORROWING; AND
(IV)
IF THE RESULTING STANDBY BORROWING IS TO BE A EURODOLLAR STANDBY
BORROWING, THE INTEREST PERIOD TO BE APPLICABLE THERETO AFTER GIVING EFFECT TO
SUCH ELECTION, WHICH SHALL BE A PERIOD CONTEMPLATED BY THE DEFINITION OF THE
TERM "INTEREST PERIOD".
If any such Interest Election Request requests a Eurodollar Standby Borrowing
but does not specify an Interest Period, then the Borrower shall be deemed to
have selected an Interest Period of one month's duration.
(D)
PROMPTLY FOLLOWING RECEIPT OF AN INTEREST ELECTION REQUEST, THE AGENT SHALL
ADVISE EACH LENDER OF THE DETAILS THEREOF AND OF SUCH LENDER'S PORTION OF EACH
RESULTING STANDBY BORROWING.
(E)
IF THE BORROWER FAILS TO DELIVER A TIMELY INTEREST ELECTION REQUEST WITH
RESPECT TO A EURODOLLAR STANDBY BORROWING PRIOR TO THE END OF THE INTEREST
PERIOD APPLICABLE THERETO, THEN, UNLESS SUCH STANDBY BORROWING IS REPAID AS
PROVIDED HEREIN, AT THE END OF SUCH INTEREST PERIOD SUCH BORROWING SHALL BE
CONVERTED TO AN ABR BORROWING.
NOTWITHSTANDING ANY CONTRARY PROVISION HEREOF,
IF AN EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING AND THE AGENT, AT THE
REQUEST OF THE REQUIRED LENDERS, SO NOTIFIES THE BORROWER, THEN, SO LONG AS AN
EVENT OF DEFAULT IS CONTINUING (I) NO OUTSTANDING STANDBY BORROWING MAY BE
CONVERTED TO OR CONTINUED AS A EURODOLLAR STANDBY BORROWING AND (II) UNLESS
REPAID, EACH EURODOLLAR STANDBY BORROWING SHALL BE CONVERTED TO AN ABR BORROWING
AT THE END OF THE INTEREST PERIOD APPLICABLE THERETO.
SECTION 2.06.
FEES.
(A)
THE BORROWER AGREES TO PAY TO THE AGENT FOR THE
ACCOUNT OF EACH LENDER A COMMITMENT FEE (THE "COMMITMENT FEE"), WHICH SHALL
ACCRUE AT THE APPLICABLE RATE ON THE DAILY UNUSED AMOUNT OF THE COMMITMENT OF
SUCH LENDER DURING THE PERIOD FROM AND INCLUDING THE RESTATEMENT EFFECTIVE DATE
TO BUT EXCLUDING THE DATE ON WHICH SUCH COMMITMENT TERMINATES.
ACCRUED
COMMITMENT FEES SHALL BE PAYABLE IN ARREARS ON THE LAST DAY OF MARCH, JUNE,
SEPTEMBER AND DECEMBER OF EACH YEAR AND ON THE DATE ON WHICH THE COMMITMENTS
TERMINATE, COMMENCING ON THE FIRST SUCH DATE TO OCCUR AFTER THE RESTATEMENT
EFFECTIVE DATE.
ALL COMMITMENT FEES SHALL BE COMPUTED ON THE BASIS OF A YEAR OF
360 DAYS AND SHALL BE PAYABLE FOR THE ACTUAL NUMBER OF DAYS ELAPSED (INCLUDING
THE FIRST DAY BUT EXCLUDING THE LAST DAY).
FOR PURPOSES OF COMPUTING COMMITMENT
FEES, (I) THE COMMITMENT OF A LENDER SHALL BE DEEMED TO BE USED TO THE EXTENT OF
SUCH LENDER'S REVOLVING CREDIT EXPOSURE AND (II) THE OUTSTANDING COMPETITIVE
LOANS OF ANY LENDER SHALL