DOCUMENTS, INSTRUMENTS OR AGREEMENTS
ISSUED OR EXECUTED IN REPLACEMENT THEREOF, AND (C) SHALL MEAN SUCH DOCUMENT,
INSTRUMENT OR AGREEMENT, OR REPLACEMENT OR PREDECESSOR THERETO, AS AMENDED,
MODIFIED AND SUPPLEMENTED IN WRITING FROM TIME TO TIME AND IN EFFECT AT ANY
GIVEN TIME. THE WORDS "HEREOF," "HEREIN" AND "HEREUNDER" AND WORDS OF SIMILAR
IMPORT WHEN USED IN THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT SHALL REFER TO
THIS AGREEMENT OR SUCH OTHER CREDIT DOCUMENT, AS THE CASE MAY BE, AS A WHOLE AND
NOT TO ANY PARTICULAR PROVISION OF THIS AGREEMENT OR SUCH OTHER CREDIT DOCUMENT,
AS THE CASE MAY BE. THE WORDS "INCLUDE" AND "INCLUDING" AND WORDS OF SIMILAR
IMPORT WHEN USED IN THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT SHALL NOT BE
CONSTRUED TO BE LIMITING OR EXCLUSIVE.
THE WORD "OR" WHEN USED IN THIS
AGREEMENT OR ANY OTHER CREDIT DOCUMENT SHALL HAVE THE MEANING REPRESENTED BY THE
PHRASE "AND/OR."
SECTION II
CREDIT FACILITY
2.01
REVOLVING LOAN FACILITY.
(A)
REVOLVING LOAN AVAILABILITY.
SUBJECT TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT, LENDER AGREES TO ADVANCE TO BORROWER FROM TIME TO TIME DURING
THE PERIOD BEGINNING ON THE CLOSING DATE AND ENDING ON OCTOBER 31, 2014, OR SUCH
EARLIER DATE ON WHICH THE LLC TERM SHALL END (SUCH DATE OR SUCH EARLIER DATE, IF
APPLICABLE, THE "REVOLVING LOAN MATURITY DATE"), SUCH LOANS AS BORROWER MAY
REQUEST UNDER THIS
2
SECTION 2.01 (INDIVIDUALLY, A "REVOLVING LOAN"); PROVIDED, HOWEVER, THAT THE
AGGREGATE PRINCIPAL AMOUNT OF ALL REVOLVING LOANS OUTSTANDING AT ANY TIME SHALL
NOT EXCEED THE COMMITMENT AT SUCH TIME. EXCEPT AS OTHERWISE PROVIDED HEREIN,
BORROWER MAY BORROW, REPAY AND REBORROW REVOLVING LOANS UNTIL THE REVOLVING LOAN
MATURITY DATE.
(B)
REVOLVING LOAN BORROWINGS.
BORROWER SHALL REQUEST EACH REVOLVING
LOAN BY HAVING A REPRESENTATIVE OF BORROWER REQUEST BY TELEPHONE OR OTHER MEANS
ACCEPTABLE TO LENDER A REVOLVING LOAN, WHICH REQUEST SHALL SPECIFY THE PRINCIPAL
AMOUNT OF THE REQUESTED REVOLVING LOAN AND THE DATE OF THE REQUESTED REVOLVING
LOAN, WHICH SHALL BE A BUSINESS DAY (ANY SUCH REQUEST, A "REVOLVING LOAN
BORROWING REQUEST"). ANY REVOLVING LOAN BORROWING REQUEST RECEIVED AFTER
11:00 A.M., CHICAGO TIME, ON A BUSINESS DAY MAY NOT BE HONORED UNTIL THE NEXT
FOLLOWING BUSINESS DAY (OR SUCH LATER TIME AS MAY BE SPECIFIED IN THE REVOLVING
LOAN BORROWING REQUEST).
(C)
REVOLVING LOAN INTEREST RATES.
BORROWER SHALL PAY INTEREST ON THE
UNPAID PRINCIPAL AMOUNT OF EACH REVOLVING LOAN FROM THE DATE OF SUCH REVOLVING
LOAN UNTIL THE MATURITY THEREOF, AT A RATE PER ANNUM EQUAL TO THE TCFIF RATE
FROM TIME TO TIME IN EFFECT. ALL COMPUTATIONS OF INTEREST ON REVOLVING LOANS
SHALL BE BASED ON A YEAR OF 365 DAYS FOR ACTUAL DAYS ELAPSED.
(D)
SCHEDULED REVOLVING LOAN PAYMENTS.
UNLESS SOONER REPAID, BORROWER
SHALL REPAY TO LENDER ON THE REVOLVING LOAN MATURITY DATE THE UNPAID PRINCIPAL
AMOUNT OF EACH REVOLVING LOAN MADE BY LENDER. BORROWER SHALL PAY ACCRUED
INTEREST IN ARREARS ON THE UNPAID PRINCIPAL AMOUNT OF EACH REVOLVING LOAN (A) NO
LATER THAN THE FIFTEENTH DAY IN EACH CALENDAR