BE IN A MINIMUM
PRINCIPAL AMOUNT OF $100,000 OR A MULTIPLE THEREOF, OR IF A LESSER AMOUNT, THE
AMOUNT OF THE REMAINING UNADVANCED AGGREGATE REVOLVING COMMITMENTS OF ALL
BANKS.
ALL BORROWINGS HEREUNDER SHALL BE MADE FROM THE BANKS RATABLY IN
PROPORTION TO THEIR RESPECTIVE COMMITMENTS OF THE RELEVANT CLASS.
4
(E)
TYPES.
ALL LOANS, OTHER THAN THE LIBOR LOANS PERMITTED UNDER
SECTION 2.5, SHALL BE BASE RATE LOANS.
SECTION 2.2
METHOD OF BORROWING.
(A)
OPERATING SUBSIDIARY SHALL GIVE THE AGENT NOTICE IN THE FORM
ATTACHED HERETO AS EXHIBIT A (EACH, A "NOTICE OF BORROWING"), NOT LATER THAN
11:00 A.M. (SAN ANTONIO, TEXAS TIME) ON THE BUSINESS DAY OF EACH BORROWING UNDER
THE REVOLVING COMMITMENTS, SPECIFYING (I) THE DATE OF SUCH BORROWING, WHICH
SHALL BE A BUSINESS DAY; (II) THE AGGREGATE AMOUNT OF SUCH BORROWING UNDER THE
REVOLVING LOAN; AND (III) THE DEPOSIT ACCOUNT OF THE AGENT'S DOMESTIC LENDING
OFFICE INTO WHICH SUCH BORROWING IS REQUESTED TO BE DEPOSITED OR COMPLETE WIRING
INSTRUCTIONS FOR ANY OTHER ACCOUNT OF SUCH BORROWER TO WHICH SUCH BORROWING IS
REQUESTED TO BE WIRED.
(B)
BY 12:00 P.M. (SAN ANTONIO, TEXAS TIME) ON THE DATE OF RECEIPT OF
THE APPLICABLE NOTICE OF BORROWING FROM A BORROWER, THE AGENT SHALL NOTIFY EACH
BANK OF THE CONTENTS THEREOF AND OF SUCH BANK'S RATABLE SHARE OF SUCH
BORROWING.
SUCH NOTICE OF BORROWING SHALL NOT BE REVOCABLE BY SUCH BORROWER.
(C)
NOT LATER THAN 1:00 P.M. (SAN ANTONIO, TEXAS TIME) ON THE DATE OF
EACH BORROWING, EACH BANK SHALL MAKE AVAILABLE ITS RATABLE SHARE OF SUCH
BORROWING, IN IMMEDIATELY AVAILABLE FUNDS, TO THE AGENT AT THE ACCOUNT NUMBER OF
THE AGENT SET FORTH IN ANNEX A.
UNLESS THE AGENT DETERMINES THAT ANY APPLICABLE
CONDITION PRECEDENT HAS NOT BEEN SATISFIED, THE AGENT WILL MAKE THE FUNDS SO
RECEIVED FROM EACH BANK AVAILABLE TO THE APPLICABLE BORROWER IN ITS DEPOSIT
ACCOUNT DESIGNATED IN THE APPLICABLE NOTICE OF BORROWING, UNLESS OTHERWISE
DIRECTED IN WRITING BY SUCH BORROWER AND ACCEPTED BY THE AGENT.
(D)
UNLESS THE AGENT HAS RECEIVED NOTICE FROM A BANK, PRIOR TO ANY
PROPOSED BORROWING, THAT SUCH BANK DOES NOT INTEND TO FUND ITS LOAN REQUESTED TO
BE MADE ON SUCH DATE, THE AGENT MAY ASSUME THAT SUCH BANK HAS FUNDED ITS LOAN
AND IS DEPOSITING THE PROCEEDS THEREOF WITH THE AGENT ON SUCH DATE, AND THE
AGENT IN ITS SOLE DISCRETION MAY, BUT SHALL NOT BE OBLIGATED TO, DISBURSE A
CORRESPONDING AMOUNT TO THE APPLICABLE BORROWER ON SUCH DATE.
IF LOAN PROCEEDS
CORRESPONDING TO THAT AMOUNT ARE NOT IN FACT DEPOSITED WITH THE AGENT BY SUCH
BANK ON OR PRIOR TO THE FUNDING DATE OF SUCH LOAN, SUCH BANK AGREES TO PAY, AND
IN THE EVENT SUCH BANK FAILS TO IMMEDIATELY PAY, SUCH BORROWER AGREES TO REPAY,
TO THE AGENT FORTHWITH ON DEMAND SUCH CORRESPONDING AMOUNT, TOGETHER WITH
INTEREST ON THE BALANCE THEREOF FROM TIME TO TIME OUTSTANDING FOR EACH DAY FROM
THE DATE SUCH AMOUNT IS DISBURSED TO SUCH BORROWER UNTIL THE DATE SUCH AMOUNT IS
PAID OR