FIRST SUCH DATE TO OCCUR AFTER THE ISSUANCE OF SUCH
LETTER OF CREDIT, ON THE LETTER OF CREDIT EXPIRATION DATE AND THEREAFTER ON
DEMAND. IF THERE IS ANY CHANGE IN THE APPLICABLE RATE DURING ANY QUARTER, THE
DAILY MAXIMUM AMOUNT OF EACH LETTER OF CREDIT SHALL BE COMPUTED AND MULTIPLIED
BY THE APPLICABLE RATE SEPARATELY FOR EACH PERIOD DURING SUCH QUARTER THAT SUCH
APPLICABLE RATE WAS IN EFFECT.
(J)
FRONTING FEE AND DOCUMENTARY AND PROCESSING CHARGES PAYABLE TO
L/C ISSUER. THE BORROWER SHALL PAY DIRECTLY TO THE L/C ISSUER FOR ITS OWN
ACCOUNT A FRONTING FEE (THE "FRONTING FEE") WITH RESPECT TO EACH LETTER OF
CREDIT ISSUED BY SUCH L/C ISSUER AT A PER ANNUM RATE EQUAL TO 0.125% TIMES THE
DAILY MAXIMUM AMOUNT AVAILABLE TO BE DRAWN UNDER SUCH LETTER OF CREDIT (WHETHER
OR NOT SUCH MAXIMUM AMOUNT IS THEN IN EFFECT UNDER SUCH LETTER OF CREDIT). SUCH
FRONTING FEES SHALL BE COMPUTED ON A QUARTERLY BASIS IN ARREARS. SUCH FRONTING
FEES SHALL BE DUE AND PAYABLE ON THE FIRST BUSINESS DAY AFTER THE END OF EACH
MARCH, JUNE, SEPTEMBER AND DECEMBER, COMMENCING WITH THE FIRST SUCH DATE TO
OCCUR AFTER THE ISSUANCE OF SUCH LETTER OF CREDIT, OR THE LETTER OF CREDIT
EXPIRATION DATE AND THEREAFTER ON DEMAND. IN ADDITION, THE BORROWER SHALL PAY
DIRECTLY TO THE L/C ISSUER FOR ITS OWN ACCOUNT THE CUSTOMARY ISSUANCE,
PRESENTATION, AMENDMENT AND OTHER PROCESSING FEES, AND OTHER STANDARD COSTS AND
CHARGES, OF THE L/C ISSUER RELATING TO LETTERS OF CREDIT AS FROM TIME TO TIME IN
EFFECT. SUCH CUSTOMARY FEES AND STANDARD COSTS AND CHARGES ARE DUE AND PAYABLE
ON DEMAND AND ARE NONREFUNDABLE.
(K)
CONFLICT WITH ISSUER DOCUMENTS. IN THE EVENT OF ANY CONFLICT
BETWEEN THE TERMS HEREOF AND THE TERMS OF ANY ISSUER DOCUMENT, THE TERMS HEREOF
SHALL CONTROL.
(L)
OBLIGATIONS OF L/C ISSUER. EXCEPT TO THE EXTENT THAT A LENDER
SHALL HAVE AGREED TO BE DESIGNATED AS A L/C ISSUER, NO LENDER SHALL HAVE ANY
OBLIGATION TO ACCEPT OR APPROVE ANY REQUEST FOR, OR TO ISSUE, AMEND OR EXTEND,
ANY LETTER OF CREDIT.
2.04
SWING LINE LOANS.
(A)
THE SWING LINE. SUBJECT TO THE TERMS AND CONDITIONS SET FORTH
HEREIN, THE SWING LINE LENDER AGREES TO MAKE LOANS (EACH SUCH LOAN, A "SWING
LINE LOAN") TO THE BORROWER FROM TIME TO TIME ON ANY BUSINESS DAY DURING THE
AVAILABILITY PERIOD IN AN AGGREGATE AMOUNT NOT TO EXCEED AT ANY TIME OUTSTANDING
THE AMOUNT OF THE SWING LINE SUBLIMIT, NOTWITHSTANDING THE FACT THAT SUCH SWING
LINE LOANS, WHEN AGGREGATED WITH THE PRO RATA SHARE OF THE OUTSTANDING AMOUNT OF
REVOLVING LOANS AND L/C OBLIGATIONS OF THE LENDER ACTING AS SWING LINE LENDER,
MAY EXCEED THE AMOUNT OF SUCH LENDER'S COMMITMENT; PROVIDED, HOWEVER, THAT AFTER
GIVING EFFECT TO ANY SWING LINE LOAN, (I) THE TOTAL OUTSTANDINGS SHALL NOT
EXCEED THE AGGREGATE COMMITMENTS, (II) THE AGGREGATE OUTSTANDING AMOUNT OF THE
REVOLVING LOANS OF ANY LENDER (OTHER THAN THE SWING LINE LENDER), PLUS SUCH
LENDER'S PRO RATA SHARE OF THE OUTSTANDING AMOUNT