AFFILIATE OF SUCH
LENDER TO MAKE SUCH LOAN, AND EACH DEPOSIT FUNDED LENDER MAY AT ITS OPTION, BY
NOTICE TO THE ADMINISTRATIVE AGENT, DESIGNATE ANY DOMESTIC OR FOREIGN BRANCH OR
AFFILIATE OF SUCH LENDER AS THE HOLDER OF ANY EURODOLLAR DEPOSIT FUNDED LOAN;
PROVIDED, HOWEVER, THAT ANY EXERCISE OF ANY SUCH OPTION SHALL NOT (A) AFFECT THE
OBLIGATION OF THE APPLICABLE BORROWER TO REPAY SUCH LOAN IN ACCORDANCE WITH THE
TERMS OF THIS AGREEMENT OR (B) REQUIRE ANY REIMBURSEMENT OR OTHER PAYMENT TO BE
MADE TO SUCH LENDER OR ITS AFFILIATES PURSUANT TO SECTION 2.19 IN AN AMOUNT IN
EXCESS OF THE AMOUNTS THAT WOULD HAVE BEEN PAYABLE THEREUNDER TO SUCH LENDER HAD
SUCH LENDER NOT EXERCISED SUCH OPTION.
BORROWINGS OF MORE THAN ONE TYPE MAY BE
OUTSTANDING AT THE SAME TIME; PROVIDED, HOWEVER, THAT THE BORROWERS SHALL NOT BE
ENTITLED TO REQUEST ANY BORROWING THAT, IF MADE, WOULD RESULT IN AN AGGREGATE OF
MORE THAN FIFTEEN SEPARATE EURODOLLAR LOANS AND FIVE B/A BORROWINGS OF ANY
LENDER BEING OUTSTANDING HEREUNDER AT ANY ONE TIME.
FOR PURPOSES OF THE
FOREGOING, LOANS HAVING DIFFERENT INTEREST PERIODS OR CONTRACT PERIODS OR
DENOMINATED IN DIFFERENT CURRENCIES, REGARDLESS OF WHETHER THEY COMMENCE ON THE
SAME DATE, SHALL BE CONSIDERED SEPARATE LOANS.
46
(C)
EXCEPT WITH RESPECT TO DEPOSIT FUNDED LOANS (WHICH SHALL BE MADE AS
PROVIDED IN SECTION 3.05) AND SWINGLINE LOANS (WHICH SHALL BE MADE AS PROVIDED
IN SECTION 2.21), EACH LENDER SHALL MAKE A LOAN IN THE AMOUNT OF ITS PRO RATA
PORTION, AS DETERMINED UNDER SECTION 2.16, OF EACH BORROWING HEREUNDER ON THE
PROPOSED DATE THEREOF BY WIRE TRANSFER OF IMMEDIATELY AVAILABLE FUNDS NOT LATER
THAN 2:00 P.M., STANDARD TIME, TO THE ACCOUNT OF THE ADMINISTRATIVE AGENT (OR,
IN THE CASE OF ANY LOAN MADE TO SSC CANADA, TO THE ACCOUNT OF THE CANADIAN
ADMINISTRATIVE AGENT) MOST RECENTLY DESIGNATED BY SUCH AGENT FOR SUCH PURPOSE,
AND THE ADMINISTRATIVE AGENT SHALL PROMPTLY CREDIT THE AMOUNTS SO RECEIVED TO
THE GENERAL DEPOSIT ACCOUNT OF THE APPLICABLE BORROWER OR, IF A BORROWING SHALL
NOT OCCUR ON SUCH DATE BECAUSE ANY CONDITION PRECEDENT SPECIFIED HEREIN SHALL
NOT HAVE BEEN MET, RETURN THE AMOUNTS SO RECEIVED TO THE RESPECTIVE LENDERS.
UNLESS THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED NOTICE FROM A LENDER PRIOR
TO THE DATE OF ANY BORROWING (OR, IN THE CASE OF AN ABR BORROWING OR A CANADIAN
PRIME RATE BORROWING, PRIOR TO 2:00 P.M., STANDARD TIME, ON THE DATE OF SUCH
BORROWING) THAT SUCH LENDER WILL NOT MAKE AVAILABLE TO THE ADMINISTRATIVE AGENT
SUCH LENDER'S PORTION OF SUCH BORROWING, THE ADMINISTRATIVE AGENT MAY ASSUME
THAT SUCH LENDER HAS MADE SUCH PORTION AVAILABLE TO THE ADMINISTRATIVE AGENT ON
THE DATE OF SUCH BORROWING IN ACCORDANCE WITH THIS PARAGRAPH (C), AND THE
ADMINISTRATIVE AGENT MAY, IN RELIANCE UPON SUCH ASSUMPTION, MAKE AVAILABLE TO
THE APPLICABLE BORROWER ON SUCH DATE A CORRESPONDING AMOUNT.
IF AND TO THE
EXTENT THAT SUCH LENDER SHALL NOT HAVE MADE SUCH PORTION AVAILABLE TO THE
ADMINISTRATIVE AGENT, SUCH LENDER AND SUCH BORROWER