ANY, UNDER
SECTION 3.05 IN CONNECTION THEREWITH.
DURING THE EXISTENCE OF AN EVENT OF
DEFAULT, THE ADMINISTRATIVE AGENT OR THE REQUIRED LENDERS MAY REQUIRE THAT NO
LOANS MAY BE CONVERTED TO OR CONTINUED AS EURODOLLAR RATE LOANS.
(D)
THE ADMINISTRATIVE AGENT SHALL PROMPTLY NOTIFY THE BORROWER AND
THE LENDERS OF THE INTEREST RATE APPLICABLE TO ANY INTEREST PERIOD FOR
EURODOLLAR RATE LOANS UPON DETERMINATION OF SUCH
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INTEREST RATE.
THE DETERMINATION OF THE EURODOLLAR RATE BY THE ADMINISTRATIVE
AGENT SHALL BE CONCLUSIVE IN THE ABSENCE OF MANIFEST ERROR.
(E)
ANYTHING IN SUBSECTION (A) TO (D) ABOVE TO THE CONTRARY
NOTWITHSTANDING, (I) THE BORROWER MAY NOT SELECT EURODOLLAR RATE LOANS FOR THE
FIRST 30 DAYS FOLLOWING THE CLOSING DATE (OR UNTIL SUCH EARLIER DATE AS SHALL BE
SPECIFIED IN ITS SOLE DISCRETION BY THE ADMINISTRATIVE AGENT IN A WRITTEN NOTICE
TO THE BORROWER AND THE LENDERS), AND (II) AFTER GIVING EFFECT TO ALL
BORROWINGS, ALL CONVERSIONS OF LOANS FROM ONE TYPE TO THE OTHER, AND ALL
CONTINUATIONS OF LOANS AS THE SAME TYPE THERE SHALL NOT BE MORE THAN FIVE
(5) INTEREST PERIODS IN EFFECT FOR ALL BORROWINGS UNLESS OTHERWISE AGREED
BETWEEN THE BORROWER AND THE ADMINISTRATIVE AGENT.
(F)
THE FAILURE OF ANY LENDER TO MAKE THE LOAN TO BE MADE BY IT AS
PART OF ANY BORROWING SHALL NOT RELIEVE ANY OTHER LENDER OF ITS OBLIGATION, IF
ANY, HEREUNDER TO MAKE ITS LOAN ON THE DATE OF SUCH BORROWING, BUT NO LENDER
SHALL BE RESPONSIBLE FOR THE FAILURE OF ANY OTHER LENDER TO MAKE THE LOAN TO BE
MADE BY SUCH OTHER LENDER ON THE DATE OF ANY BORROWING.
Section 2.03
Letters of Credit.
(a)
The Letter of Credit
Commitments.
(I)
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, (1) EACH
L/C ISSUER AGREES, IN RELIANCE UPON THE AGREEMENTS OF THE OTHER LENDERS SET
FORTH IN THIS SECTION 2.03, (X) FROM TIME TO TIME ON ANY BUSINESS DAY DURING THE
PERIOD FROM THE CLOSING DATE UNTIL THE LETTER OF CREDIT EXPIRATION DATE, TO
ISSUE LETTERS OF CREDIT DENOMINATED IN DOLLARS FOR THE ACCOUNT OF THE BORROWER
(PROVIDED THAT ANY LETTER OF CREDIT MAY BE FOR THE ACCOUNT OF ANY SUBSIDIARY OF
THE BORROWER) AND TO AMEND OR RENEW LETTERS OF CREDIT PREVIOUSLY ISSUED BY IT,
IN ACCORDANCE WITH SECTION 2.03(B), AND (Y) TO HONOR DRAFTS UNDER THE LETTERS OF
CREDIT AND (2) THE LENDERS SEVERALLY AGREE TO PARTICIPATE IN LETTERS OF CREDIT
ISSUED PURSUANT TO THIS SECTION 2.03(A)(I); PROVIDED, THAT, NO L/C ISSUER SHALL
BE OBLIGATED TO MAKE ANY L/C CREDIT EXTENSION WITH RESPECT TO ANY LETTER OF
CREDIT, AND NO LENDER SHALL BE OBLIGATED TO PARTICIPATE IN ANY LETTER OF CREDIT
IF AFTER GIVING EFFECT TO SUCH L/C CREDIT EXTENSION, (W) THE OUTSTANDING AMOUNT
UNDER THE REVOLVING CREDIT FACILITY WOULD EXCEED THE REVOLVING CREDIT FACILITY,
(X) THE OUTSTANDING AMOUNT OF THE L/C OBLIGATIONS WOULD EXCEED THE LETTER OF
CREDIT SUBLIMIT, (Y) THE OUTSTANDING AMOUNT OF THE L/C OBLIGATIONS WOULD EXCEED
ANY L/C ISSUER'S LETTER OF CREDIT COMMITMENT