A LEASE THAT WAS ACCOUNTED FOR BY THE COMPANY OR ANY OF ITS
SUBSIDIARIES IN ACCORDANCE WITH GAAP AS AN OPERATING LEASE AS OF THE EFFECTIVE
DATE AND ANY OPERATING LEASE ENTERED INTO AFTER THE EFFECTIVE DATE BY THE
COMPANY OR ANY OF ITS SUBSIDIARIES THAT WOULD UNDER GAAP AS IN EFFECT ON THE
EFFECTIVE DATE HAVE BEEN ACCOUNTED FOR AS AN OPERATING LEASE SHALL BE ACCOUNTED
FOR AS OBLIGATIONS RELATING TO AN OPERATING LEASE AND NOT AS CAPITAL LEASE
OBLIGATIONS (OTHER THAN FOR PURPOSES OF THE PREPARATION AND DELIVERY OF
FINANCIAL STATEMENTS).
ARTICLE 2
THE CREDITS
SECTION 2.01.
COMMITMENTS.
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH
HEREIN, EACH LENDER AGREES TO MAKE REVOLVING LOANS DENOMINATED IN DOLLARS OR IN
AN ALTERNATIVE CURRENCY AS THE BORROWER ELECTS PURSUANT TO SECTION 2.03 TO THE
BORROWER FROM TIME TO TIME DURING THE AVAILABILITY PERIOD; PROVIDED THAT,
IMMEDIATELY AFTER EACH SUCH LOAN IS MADE, (X) THE AMOUNT OF EACH LENDER'S
REVOLVING CREDIT EXPOSURE SHALL NOT EXCEED SUCH LENDER'S COMMITMENT AND (Y) THE
ALTERNATIVE CURRENCY EXPOSURE SHALL NOT EXCEED THE ALTERNATIVE CURRENCY
SUBLIMIT.
WITHIN THE FOREGOING LIMITS AND SUBJECT TO THE TERMS AND CONDITIONS
SET FORTH HEREIN, THE BORROWER MAY BORROW, PREPAY AND REBORROW REVOLVING LOANS.
SECTION 2.02.
LOANS AND BORROWINGS.
(A) EACH REVOLVING LOAN SHALL BE MADE
AS PART OF A BORROWING CONSISTING OF REVOLVING LOANS MADE BY THE LENDERS RATABLY
IN ACCORDANCE WITH THEIR RESPECTIVE COMMITMENTS.
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.
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(B)
SUBJECT TO SECTION 2.13, EACH REVOLVING BORROWING SHALL BE
COMPRISED ENTIRELY OF ABR LOANS OR EURO-CURRENCY LOANS AS THE BORROWER MAY
REQUEST IN ACCORDANCE HEREWITH.
EACH LENDER AT ITS OPTION MAY MAKE ANY
EURO-CURRENCY 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.
(C)
AT THE TIME THAT ANY REVOLVING BORROWING IS MADE, SUCH BORROWING
SHALL BE (I) IN THE CASE OF A DOLLAR-DENOMINATED BORROWING, IN AN AGGREGATE
DOLLAR AMOUNT THAT IS NOT LESS THAN $10,000,000 AND AN INTEGRAL MULTIPLE OF
$1,000,000 AND (II) IN THE CASE OF A BORROWING DENOMINATED IN AN ALTERNATIVE
CURRENCY, IN AN AGGREGATE AMOUNT IN SUCH ALTERNATIVE CURRENCY THAT IS NOT LESS
THAN 10,000,000 UNITS OF SUCH ALTERNATIVE CURRENCY AND AN INTEGRAL MULTIPLE OF
1,000,000 UNITS OF SUCH ALTERNATIVE CURRENCY; PROVIDED THAT AN ABR REVOLVING
BORROWING MAY BE IN AN AGGREGATE AMOUNT THAT IS EQUAL TO THE ENTIRE UNUSED
BALANCE OF THE TOTAL COMMITMENTS OR THAT IS REQUIRED TO FINANCE THE
REIMBURSEMENT OF AN LC DISBURSEMENT AS CONTEMPLATED BY SECTION 2.05(F).
EACH
SWINGLINE LOAN SHALL BE IN A DOLLAR AMOUNT THAT IS