OBLIGATED TO REPAY
100% OF THE PRINCIPAL AMOUNT OF EACH SUCH TERM LOAN AS PROVIDED HEREUNDER).
SECTION 2.02. LOANS.
(A)
EACH LOAN SHALL BE MADE AS PART OF A BORROWING
CONSISTING OF LOANS MADE BY THE LENDERS RATABLY IN ACCORDANCE WITH THEIR
RESPECTIVE APPLICABLE COMMITMENTS; PROVIDED, HOWEVER, THAT THE FAILURE OF ANY
LENDER TO MAKE ANY LOAN SHALL NOT IN ITSELF RELIEVE ANY OTHER LENDER OF ITS
OBLIGATION TO LEND HEREUNDER (IT BEING UNDERSTOOD, HOWEVER, THAT NO LENDER SHALL
BE RESPONSIBLE FOR THE FAILURE OF ANY OTHER LENDER TO MAKE ANY LOAN REQUIRED TO
BE MADE BY SUCH OTHER LENDER).
LOANS COMPRISING ANY BORROWING SHALL BE (I) IN
THE CASE OF A EURODOLLAR BORROWING, IN AN AGGREGATE PRINCIPAL AMOUNT THAT IS NOT
LESS THAN $1,000,000 AND AN INTEGRAL MULTIPLE OF $1,000,000 OR (II) IN THE CASE
OF AN ABR BORROWING, IN AN AGGREGATE PRINCIPAL AMOUNT THAT IS NOT LESS THAN
$1,000,000 AND AN INTEGRAL MULTIPLE OF $1,000,000.
(B)
SUBJECT TO SECTION 2.08, (I) EACH BORROWING SHALL BE COMPRISED ENTIRELY OF
ABR LOANS OR EURODOLLAR LOANS, AS THE BORROWER MAY REQUEST PURSUANT TO
SECTION 2.03 OR AS OTHERWISE MAY BE PROVIDED IN THIS AGREEMENT.
EACH LENDER MAY
AT ITS OPTION FULFILL ITS COMMITMENT WITH RESPECT TO ANY EURODOLLAR LOAN BY
CAUSING ANY DOMESTIC OR FOREIGN BRANCH OR AFFILIATE OF SUCH LENDER TO MAKE SUCH
LOAN; PROVIDED, HOWEVER, THAT ANY EXERCISE OF ANY SUCH OPTION SHALL NOT
(A) AFFECT THE OBLIGATION OF THE BORROWER TO REPAY SUCH LOAN IN ACCORDANCE WITH
THE TERMS OF THIS AGREEMENT OR (B) REQUIRE ANY REIMBURSEMENT OR OTHER PAYMENT TO
BE MADE TO SUCH LENDER OR ITS AFFILIATES PURSUANT TO SECTION 2.19 IN AN AMOUNT
IN EXCESS OF THE AMOUNTS THAT WOULD HAVE BEEN PAYABLE THEREUNDER TO SUCH LENDER
HAD SUCH LENDER NOT EXERCISED SUCH OPTION.
BORROWINGS OF MORE THAN ONE TYPE MAY
BE OUTSTANDING AT THE SAME TIME; PROVIDED, HOWEVER, THAT THE BORROWER SHALL NOT
BE ENTITLED TO REQUEST ANY BORROWING THAT, IF MADE, WOULD RESULT IN AN AGGREGATE
OF MORE THAN FIFTEEN SEPARATE EURODOLLAR LOANS OF ANY LENDER BEING OUTSTANDING
HEREUNDER AT ANY ONE TIME.
FOR PURPOSES OF THE FOREGOING, LOANS HAVING
DIFFERENT INTEREST PERIODS, REGARDLESS OF WHETHER THEY COMMENCE ON THE SAME
DATE, SHALL BE CONSIDERED SEPARATE LOANS.
(C)
EACH LENDER SHALL MAKE A LOAN IN THE AMOUNT OF ITS PRO RATA PORTION, AS
DETERMINED UNDER SECTION 2.16, OF EACH BORROWING HEREUNDER ON THE PROPOSED DATE
THEREOF BY WIRE TRANSFER OF IMMEDIATELY AVAILABLE FUNDS NOT LATER THAN
2:00 P.M., NEW YORK CITY TIME, TO THE ACCOUNT OF THE ADMINISTRATIVE AGENT MOST
RECENTLY DESIGNATED BY SUCH AGENT FOR SUCH PURPOSE, AND THE ADMINISTRATIVE AGENT
SHALL PROMPTLY CREDIT THE AMOUNTS SO RECEIVED TO THE GENERAL DEPOSIT ACCOUNT OF
THE BORROWER OR, IF A BORROWING SHALL NOT OCCUR ON SUCH DATE BECAUSE ANY
CONDITION PRECEDENT SPECIFIED HEREIN SHALL NOT HAVE BEEN MET, RETURN THE AMOUNTS
SO RECEIVED TO THE RESPECTIVE LENDERS.
UNLESS THE ADMINISTRATIVE AGENT SHALL
HAVE RECEIVED NOTICE FROM A LENDER PRIOR TO THE DATE OF