ON THE 2008
RESTATEMENT EFFECTIVE DATE (I.E., THE AMOUNT ADVANCED TO THE BORROWER ON THE
2008 RESTATEMENT EFFECTIVE DATE) SHALL BE EQUAL TO 90.00% OF THE PRINCIPAL
AMOUNT OF SUCH LOAN (IT BEING AGREED THAT THE FULL PRINCIPAL AMOUNT OF EACH SUCH
LOAN WILL BE DEEMED OUTSTANDING ON THE 2008 RESTATEMENT EFFECTIVE DATE AND THE
BORROWER SHALL BE OBLIGATED TO REPAY 100% OF THE PRINCIPAL AMOUNT OF EACH SUCH
LOAN AS PROVIDED HEREUNDER).
SECTION 2.02.
LOANS AND BORROWINGS.
(A)
EACH LOAN (OTHER THAN A SWINGLINE
LOAN) SHALL BE MADE AS PART OF A BORROWING CONSISTING OF LOANS OF THE SAME
CLASS AND TYPE MADE BY THE LENDERS RATABLY IN ACCORDANCE WITH THE AMOUNTS OF
THEIR COMMITMENTS OF THE APPLICABLE CLASS.
THE FAILURE OF ANY LENDER TO MAKE
ANY LOAN REQUIRED TO BE MADE BY IT SHALL NOT RELIEVE ANY OTHER LENDER OF ITS
OBLIGATIONS HEREUNDER; PROVIDED THAT THE COMMITMENTS OF THE LENDERS ARE SEVERAL
AND NO LENDER SHALL BE RESPONSIBLE FOR ANY OTHER LENDER'S FAILURE TO MAKE LOANS
AS REQUIRED.
(B)
SUBJECT TO SECTION 2.14, EACH REVOLVING BORROWING AND TERM BORROWING SHALL
BE COMPRISED ENTIRELY OF ABR LOANS OR EURODOLLAR LOANS AS THE BORROWER MAY
REQUEST IN ACCORDANCE HEREWITH.
EACH SWINGLINE LOAN SHALL BE AN ABR LOAN.
EACH
LENDER AT ITS OPTION MAY MAKE ANY EURODOLLAR LOAN BY CAUSING ANY DOMESTIC OR
FOREIGN BRANCH OR AFFILIATE OF SUCH LENDER TO MAKE SUCH LOAN; PROVIDED THAT ANY
EXERCISE OF SUCH OPTION SHALL NOT AFFECT THE OBLIGATION OF THE BORROWER TO REPAY
SUCH LOAN IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
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(C)
AT THE COMMENCEMENT OF EACH INTEREST PERIOD FOR ANY EURODOLLAR BORROWING,
SUCH BORROWING SHALL BE IN AN AGGREGATE AMOUNT THAT IS AN INTEGRAL MULTIPLE OF
$1,000,000 AND NOT LESS THAN $5,000,000.
AT THE TIME THAT EACH ABR BORROWING IS
MADE, SUCH BORROWING SHALL BE IN AN AGGREGATE AMOUNT THAT IS AN INTEGRAL
MULTIPLE OF $1,000,000 AND NOT LESS THAN $5,000,000; PROVIDED THAT AN ABR
REVOLVING BORROWING MAY BE IN AN AGGREGATE AMOUNT THAT IS EQUAL TO THE ENTIRE
UNUSED BALANCE OF THE TOTAL REVOLVING COMMITMENTS OR THAT IS REQUIRED TO FINANCE
THE REIMBURSEMENT OF AN LC DISBURSEMENT AS CONTEMPLATED BY SECTION 2.05(E).
EACH SWINGLINE LOAN SHALL BE IN AN AMOUNT THAT IS AN INTEGRAL MULTIPLE OF
$1,000,000.
BORROWINGS OF MORE THAN ONE CLASS AND TYPE MAY BE OUTSTANDING AT
THE SAME TIME; PROVIDED THAT THERE SHALL NOT AT ANY TIME BE MORE THAN A TOTAL OF
10 EURODOLLAR BORROWINGS OUTSTANDING.
(D)
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE BORROWER SHALL
NOT BE ENTITLED TO REQUEST, OR TO ELECT TO CONVERT OR CONTINUE, ANY REVOLVING
BORROWING, TRANCHE 1 TERM BORROWING, TRANCHE 2 TERM BORROWING OR TRANCHE 3 TERM
BORROWING IF THE INTEREST PERIOD REQUESTED WITH RESPECT THERETO WOULD END AFTER
THE REVOLVING/TRANCHE 1 TERM MATURITY DATE OR THE TRANCHE 2/TRANCHE 3 TERM
MATURITY DATE, AS THE CASE MAY BE.
SECTION 2.03.
REQUESTS FOR BORROWINGS.
TO REQUEST A BORROWING, THE BORROWER
SHALL NOTIFY THE ADMINISTRATIVE AGENT OF SUCH