CORRECTED.
(D)
NO LATER THAN 11:00 A.M. (WINSTON-SALEM, NORTH CAROLINA TIME) ONE
(1) BUSINESS DAY PRIOR TO THE PROPOSED FUNDING DATE (OR SUCH SHORTER PERIOD OF
TIME OR LATER DATE AS MAY BE AGREED TO BY THE REQUIRED COMMITTED LENDERS), THE
ADMINISTRATIVE AGENT, EACH MANAGING AGENT AND THE COLLATERAL CUSTODIAN, AS
APPLICABLE, SHALL RECEIVE OR SHALL HAVE PREVIOUSLY RECEIVED THE FOLLOWING:
(I)
A FUNDING REQUEST IN THE FORM OF EXHIBIT A;
(II)
A WIRE DISBURSEMENT AND AUTHORIZATION FORM SHALL BE DELIVERED TO
THE ADMINISTRATIVE AGENT; AND
(III)
A CERTIFICATION SUBSTANTIALLY IN THE FORM OF EXHIBIT H CONCERNING
THE COLLATERAL CUSTODIAN'S RECEIPT OF CERTAIN DOCUMENTATION RELATING TO THE
ELIGIBLE LOAN(S) RELATED TO SUCH ADVANCE SHALL BE DELIVERED TO THE
ADMINISTRATIVE AGENT.
(E)
EACH FUNDING REQUEST SHALL SPECIFY THE AGGREGATE AMOUNT OF THE
REQUESTED ADVANCE, WHICH SHALL BE IN AN AMOUNT EQUAL TO AT LEAST $500,000.
EACH
FUNDING REQUEST SHALL BE ACCOMPANIED BY (I) A BORROWER NOTICE, DEPICTING THE
OUTSTANDING AMOUNT OF ADVANCES UNDER THIS AGREEMENT AND REPRESENTING THAT ALL
CONDITIONS PRECEDENT FOR A FUNDING HAVE BEEN MET, INCLUDING A REPRESENTATION BY
THE BORROWER THAT THE REQUESTED ADVANCE SHALL NOT, ON THE FUNDING DATE THEREOF,
EXCEED THE AVAILABILITY ON SUCH DAY, (II) A CALCULATION OF THE BORROWING BASE AS
OF THE APPLICABLE FUNDING DATE (WHICH CALCULATION MAY, FOR AVOIDANCE OF DOUBT,
TAKE INTO ACCOUNT (I) LOANS WHICH WILL BECOME TRANSFERRED LOANS ON OR PRIOR TO
SUCH FUNDING DATE AND (II) ANY PORTION OF SUCH ADVANCE WHICH IS TO BE DEPOSITED
IN THE PENDING ACCOUNT AT FUNDING), (III) AN UPDATED LOAN LIST INCLUDING EACH
LOAN THAT IS SUBJECT TO THE REQUESTED ADVANCE, (IV) THE PROPOSED FUNDING DATE,
AND (V) WIRE TRANSFER INSTRUCTIONS FOR THE ADVANCE.
A FUNDING REQUEST SHALL BE
IRREVOCABLE WHEN DELIVERED; PROVIDED HOWEVER, THAT IF THE BORROWING BASE
CALCULATION DELIVERED PURSUANT TO CLAUSE (II) ABOVE INCLUDES A LOAN WHICH DOES
NOT BECOME A TRANSFERRED LOAN ON OR BEFORE THE APPLICABLE FUNDING DATE AS
ANTICIPATED, AND THE BORROWER CANNOT OTHERWISE MAKE THE REPRESENTATIONS REQUIRED
PURSUANT TO CLAUSE (I) ABOVE, THE BORROWER SHALL REVISE THE FUNDING REQUEST
ACCORDINGLY, AND SHALL PAY ANY LOSS, COST OR EXPENSE INCURRED BY ANY LENDER IN
CONNECTION WITH THE BROKEN FUNDING EVIDENCED BY SUCH REVISED FUNDING REQUEST.
(F)
ON THE FUNDING DATE FOLLOWING THE SATISFACTION OF THE APPLICABLE
CONDITIONS SET FORTH IN THIS SECTION 2.2 AND ARTICLE III, EACH CP LENDER MAY, OR
THE COMMITTED LENDERS, AS APPLICABLE, SHALL, MAKE AVAILABLE TO THE
ADMINISTRATIVE AGENT AT ITS ADDRESS LISTED BENEATH ITS SIGNATURE ON ITS
SIGNATURE PAGE TO THIS AGREEMENT (OR ON THE SIGNATURE PAGE TO THE JOINDER
AGREEMENT PURSUANT TO WHICH IT BECAME A PARTY HERETO), FOR DEPOSIT TO THE
ACCOUNT OF THE BORROWER OR ITS DESIGNEE IN SAME DAY FUNDS, AT THE ACCOUNT
SPECIFIED IN THE FUNDING REQUEST, AN AMOUNT EQUAL TO SUCH LENDER'S RATABLE SHARE
OF THE ADVANCE THEN BEING MADE.
EACH WIRE TRANSFER OF AN ADVANCE TO THE
BORROWER SHALL BE
37
INITIATED BY THE APPLICABLE LENDER NO LATER THAN 3:00 P.M. (WINSTON-SALEM, NORTH