EFFECT.
(E)
IF THE ADMINISTRATIVE AGENT NOTIFIES THE
COMPANY AT ANY TIME THAT THE OUTSTANDING AMOUNT OF ALL LOANS DENOMINATED IN
ALTERNATIVE CURRENCIES AT SUCH TIME EXCEEDS AN AMOUNT EQUAL TO 105% OF THE
DIFFERENCE OF THE ALTERNATIVE CURRENCY SUBLIMIT LESS THE ALTERNATIVE CURRENCY
RESERVE THEN IN EFFECT, THEN, WITHIN TWO BUSINESS DAYS AFTER RECEIPT OF SUCH
NOTICE, THE BORROWERS SHALL PREPAY LOANS IN AN AGGREGATE AMOUNT SUFFICIENT TO
REDUCE SUCH OUTSTANDING AMOUNT AS OF SUCH DATE OF PAYMENT TO AN AMOUNT NOT TO
EXCEED 100% OF THE DIFFERENCE OF THE ALTERNATIVE CURRENCY SUBLIMIT LESS THE
ALTERNATIVE CURRENCY RESERVE THEN IN EFFECT.
2.07
TERMINATION OR REDUCTION OF COMMITMENTS.
THE
COMPANY MAY, UPON NOTICE TO THE ADMINISTRATIVE AGENT, TERMINATE THE AGGREGATE
COMMITMENTS, OR FROM TIME TO TIME PERMANENTLY REDUCE THE AGGREGATE COMMITMENTS;
PROVIDED THAT (I) ANY SUCH NOTICE SHALL BE RECEIVED BY THE ADMINISTRATIVE AGENT
NOT LATER THAN 11:00 A.M. FIVE BUSINESS DAYS PRIOR TO THE DATE OF TERMINATION OR
REDUCTION, (II) ANY SUCH PARTIAL REDUCTION SHALL BE IN AN AGGREGATE AMOUNT OF
$10,000,000 OR ANY WHOLE MULTIPLE OF $1,000,000 IN EXCESS THEREOF, (III) THE
COMPANY SHALL NOT TERMINATE OR REDUCE THE AGGREGATE COMMITMENTS IF, AFTER GIVING
EFFECT THERETO AND TO ANY CONCURRENT PREPAYMENTS HEREUNDER, THE TOTAL
OUTSTANDINGS PLUS THE ALTERNATIVE CURRENCY RESERVE (IF ANY) WOULD EXCEED THE
AGGREGATE COMMITMENTS, AND (IV) IF, AFTER GIVING EFFECT TO ANY REDUCTION OF THE
AGGREGATE COMMITMENTS, THE ALTERNATIVE CURRENCY SUBLIMIT, THE BID LOAN SUBLIMIT,
THE DESIGNATED BORROWER SUBLIMIT OR THE SWING LINE SUBLIMIT EXCEEDS THE AMOUNT
OF THE AGGREGATE COMMITMENTS, SUCH SUBLIMIT SHALL BE AUTOMATICALLY REDUCED BY
THE AMOUNT OF SUCH EXCESS.
THE ADMINISTRATIVE AGENT WILL PROMPTLY NOTIFY THE
LENDERS OF ANY SUCH NOTICE OF TERMINATION OR REDUCTION OF THE AGGREGATE
COMMITMENTS.
THE AMOUNT OF ANY SUCH AGGREGATE COMMITMENT REDUCTION SHALL NOT BE
APPLIED TO THE ALTERNATIVE CURRENCY SUBLIMIT UNLESS OTHERWISE SPECIFIED BY THE
COMPANY.
ANY REDUCTION OF THE AGGREGATE COMMITMENTS SHALL BE APPLIED TO THE
COMMITMENT OF EACH LENDER ACCORDING TO ITS APPLICABLE PERCENTAGE.
ALL FEES
ACCRUED UNTIL THE EFFECTIVE DATE OF ANY TERMINATION OF THE AGGREGATE COMMITMENTS
SHALL BE PAID ON THE EFFECTIVE DATE OF SUCH TERMINATION.
2.08
REPAYMENT OF LOANS.
(A)
EACH BORROWER SHALL REPAY TO THE LENDERS ON
THE MATURITY DATE THE AGGREGATE PRINCIPAL AMOUNT OF COMMITTED LOANS MADE TO SUCH
BORROWER OUTSTANDING ON SUCH DATE.
(B)
THE COMPANY SHALL REPAY EACH BID LOAN ON THE
LAST DAY OF THE INTEREST PERIOD IN RESPECT THEREOF.
(C)
THE COMPANY SHALL REPAY EACH SWING LINE
LOAN ON THE EARLIER TO OCCUR OF (I) THE DATE TEN BUSINESS DAYS AFTER SUCH LOAN
IS MADE AND (II) THE MATURITY DATE.
37
2.09
INTEREST.
(A)
SUBJECT TO THE PROVISIONS OF SUBSECTION (B)
BELOW, (I) EACH EUROCURRENCY RATE COMMITTED LOAN SHALL BEAR INTEREST ON THE
OUTSTANDING PRINCIPAL AMOUNT THEREOF FOR EACH INTEREST PERIOD AT A RATE PER
ANNUM EQUAL TO THE EUROCURRENCY RATE FOR SUCH INTEREST PERIOD PLUS THE
APPLICABLE RATE PLUS (IN THE CASE OF A EUROCURRENCY RATE COMMITTED LOAN OF ANY
LENDER WHICH