THE AGGREGATE AMOUNT OF SUCH BORROWING;
(IV) THE DATE OF SUCH BORROWING, WHICH SHALL BE A BUSINESS DAY;
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(V) WHETHER SUCH BORROWING IS TO BE AN ABR BORROWING OR A EURODOLLAR BORROWING;
(VI) IN THE CASE OF A EURODOLLAR BORROWING, THE INITIAL INTEREST PERIOD TO BE
APPLICABLE THERETO, WHICH SHALL BE A PERIOD CONTEMPLATED BY THE DEFINITION OF
THE TERM "INTEREST PERIOD"; AND
(VII) THE LOCATION AND NUMBER OF THE RELEVANT BORROWER'S ACCOUNT TO WHICH FUNDS
ARE TO BE DISBURSED, WHICH SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 2.06.
If no election as to the Type of Borrowing is specified, then the requested
Borrowing shall be an ABR Borrowing.
If no Interest Period is specified with
respect to any requested Eurodollar Revolving Borrowing, then the Parent
Borrower shall be deemed to have selected (on behalf of itself or the applicable
Borrower) an Interest Period of one month's duration.
Promptly following
receipt of a Borrowing Request with respect to a Borrowing of any Class in
accordance with this Section, the Administrative Agent shall advise each Lender
with respect to such Class of the details thereof and of the amount of such
Lender's Loan to be made as part of the requested Borrowing.
SECTION 2.04.
SWINGLINE LOANS.
(A)
SUBJECT TO THE TERMS AND CONDITIONS SET
FORTH HEREIN, THE SWINGLINE LENDER AGREES TO MAKE LOANS ("SWINGLINE LOANS") TO
THE PARENT BORROWER FROM TIME TO TIME DURING THE REVOLVING AVAILABILITY PERIOD,
IN AN AGGREGATE PRINCIPAL AMOUNT AT ANY TIME OUTSTANDING THAT WILL NOT RESULT IN
(I) THE AGGREGATE PRINCIPAL AMOUNT OF OUTSTANDING SWINGLINE LOANS EXCEEDING
$5,000,000, (II) THE TOTAL DOMESTIC REVOLVING EXPOSURES' EXCEEDING THE TOTAL
AMOUNT OF THE DOMESTIC COMMITMENTS, (III) THE TOTAL REVOLVING EXPOSURES'
EXCEEDING THE LESSER OF (A) THE TOTAL AMOUNT OF THE COMMITMENTS AND (B) THE
BORROWING BASE THEN IN EFFECT, (IV) AT ANY TIME DURING THE AVAILABILITY CAP
PERIOD, THE TOTAL REVOLVING EXPOSURES' EXCEEDING $45,000,000 AND (V) AT ANY TIME
DURING A REDUCED AVAILABILITY PERIOD, THE TOTAL REVOLVING EXPOSURES' EXCEEDING
THE REDUCED AVAILABILITY AMOUNT AT SUCH TIME; PROVIDED THAT THE SWINGLINE LENDER
SHALL NOT BE REQUIRED TO MAKE A SWINGLINE LOAN TO REFINANCE AN OUTSTANDING
SWINGLINE LOAN.
WITHIN THE FOREGOING LIMITS AND SUBJECT TO THE TERMS AND
CONDITIONS SET FORTH HEREIN, THE PARENT BORROWER MAY BORROW, PREPAY AND REBORROW
SWINGLINE LOANS.
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(B)
TO REQUEST A SWINGLINE LOAN, THE PARENT BORROWER SHALL NOTIFY THE
ADMINISTRATIVE AGENT OF SUCH REQUEST BY TELEPHONE (CONFIRMED BY TELECOPY), NOT
LATER THAN 12:00 NOON, NEW YORK CITY TIME, ON THE DAY OF A PROPOSED SWINGLINE
LOAN.
EACH SUCH NOTICE SHALL BE IRREVOCABLE AND SHALL SPECIFY THE REQUESTED
DATE (WHICH SHALL BE A BUSINESS DAY), THE AMOUNT OF THE REQUESTED SWINGLINE LOAN
AND THE WIRE TRANSFER INSTRUCTIONS FOR THE ACCOUNT OF THE PARENT BORROWER TO
WHICH THE PROCEEDS OF SUCH SWINGLINE LOAN SHOULD BE TRANSFERRED.
THE
ADMINISTRATIVE AGENT WILL PROMPTLY ADVISE THE SWINGLINE LENDER OF ANY SUCH
NOTICE RECEIVED FROM THE PARENT BORROWER.
THE SWINGLINE LENDER SHALL MAKE EACH
SWINGLINE LOAN AVAILABLE TO