HEREUNDER OR TO PREJUDICE ANY RIGHTS
WHICH THE BORROWER MAY HAVE AGAINST ANY LENDER AS A RESULT OF ANY DEFAULT BY
SUCH LENDER HEREUNDER.
(C)
ALL REVOLVING BORROWINGS SHALL BE MADE BY
THE LENDERS ON THE BASIS OF THEIR RESPECTIVE PRO RATA SHARES.
NO LENDER SHALL
BE RESPONSIBLE FOR ANY DEFAULT BY ANY OTHER LENDER IN ITS OBLIGATIONS HEREUNDER,
AND EACH LENDER SHALL BE OBLIGATED TO MAKE ITS LOANS PROVIDED TO BE MADE BY IT
HEREUNDER, REGARDLESS OF THE FAILURE OF ANY OTHER LENDER TO MAKE ITS LOANS
HEREUNDER.
SECTION 2.6.
INTEREST ELECTIONS.
(A)
EACH BORROWING INITIALLY SHALL BE OF THE
TYPE SPECIFIED IN THE APPLICABLE NOTICE OF BORROWING, AND IN THE CASE OF A
EURODOLLAR BORROWING, SHALL HAVE AN INITIAL INTEREST PERIOD AS SPECIFIED IN SUCH
NOTICE OF BORROWING.
THEREAFTER, THE BORROWER MAY ELECT TO CONVERT SUCH
BORROWING INTO A DIFFERENT TYPE OR TO CONTINUE SUCH BORROWING, AND IN THE CASE
OF A EURODOLLAR BORROWING, MAY ELECT INTEREST PERIODS THEREFOR, ALL AS PROVIDED
IN THIS SECTION 2.6.
THE BORROWER MAY ELECT DIFFERENT OPTIONS WITH RESPECT TO
DIFFERENT PORTIONS OF THE AFFECTED BORROWING, IN WHICH CASE EACH SUCH PORTION
SHALL BE ALLOCATED RATABLY AMONG THE LENDERS HOLDING LOANS COMPRISING SUCH
BORROWING, AND THE LOANS COMPRISING EACH SUCH PORTION SHALL BE CONSIDERED A
SEPARATE BORROWING.
THIS SECTION SHALL NOT APPLY TO SWINGLINE BORROWINGS, WHICH
MAY NOT BE CONVERTED OR CONTINUED.
(B)
TO MAKE AN ELECTION PURSUANT TO THIS
SECTION 2.6, THE BORROWER SHALL GIVE THE ADMINISTRATIVE AGENT PRIOR WRITTEN
NOTICE (OR TELEPHONIC NOTICE PROMPTLY CONFIRMED IN WRITING) OF EACH BORROWING
SUBSTANTIALLY IN THE FORM OF EXHIBIT 2.6 ATTACHED HERETO (A "NOTICE OF
CONVERSION/CONTINUATION") THAT IS TO BE CONVERTED OR CONTINUED, AS THE CASE MAY
BE, (X) PRIOR TO 11:00 A.M. (NEW YORK TIME) ON THE REQUESTED DATE OF A
CONVERSION INTO A BASE RATE BORROWING AND (Y) PRIOR TO 11:00 A.M. (NEW YORK
TIME) THREE (3) BUSINESS DAYS PRIOR TO A CONTINUATION OF OR CONVERSION INTO A
EURODOLLAR BORROWING.
EACH SUCH NOTICE OF CONVERSION/CONTINUATION SHALL BE
IRREVOCABLE AND SHALL SPECIFY (I) THE BORROWING TO WHICH SUCH NOTICE OF
CONTINUATION/CONVERSION APPLIES AND IF DIFFERENT OPTIONS ARE BEING ELECTED WITH
RESPECT TO DIFFERENT PORTIONS THEREOF, THE PORTIONS THEREOF THAT ARE TO BE
ALLOCATED TO EACH RESULTING BORROWING (IN WHICH CASE THE INFORMATION TO BE
SPECIFIED PURSUANT TO CLAUSES (III) AND (IV) SHALL BE SPECIFIED FOR EACH
RESULTING BORROWING); (II) THE EFFECTIVE DATE OF THE ELECTION MADE PURSUANT TO
SUCH NOTICE OF CONTINUATION/CONVERSION, WHICH SHALL BE A BUSINESS DAY,
(III) WHETHER THE RESULTING BORROWING IS TO BE A BASE RATE BORROWING OR A
EURODOLLAR BORROWING; AND (IV) IF THE RESULTING BORROWING IS TO BE A EURODOLLAR
BORROWING, THE INTEREST PERIOD APPLICABLE THERETO AFTER GIVING EFFECT TO SUCH
ELECTION, WHICH SHALL BE A PERIOD CONTEMPLATED BY THE DEFINITION OF "INTEREST
PERIOD".
IF ANY SUCH NOTICE OF CONTINUATION/CONVERSION REQUESTS A EURODOLLAR
BORROWING BUT DOES NOT SPECIFY AN INTEREST PERIOD, THE BORROWER SHALL BE DEEMED
TO HAVE SELECTED AN INTEREST PERIOD OF ONE MONTH.
THE PRINCIPAL AMOUNT