COMMITTED
LOANS REQUESTED, (C) WHETHER SUCH COMMITTED LOANS SHALL BE EURODOLLAR RATE LOANS
OR BASE RATE LOANS, AND (D) IN THE CASE OF COMMITTED LOANS TO BE MADE AS
EURODOLLAR RATE LOANS, THE INITIAL INTEREST PERIOD REQUESTED THEREFORE.
IN LIEU
OF DELIVERING THE ABOVE DESCRIBED NOTICE OF BORROWING, BORROWER MAY GIVE
ADMINISTRATIVE AGENT TELEPHONIC NOTICE BY THE REQUIRED TIME OF ANY PROPOSED
BORROWING UNDER THIS SECTION 2.1(B); PROVIDED THAT SUCH NOTICE SHALL BE PROMPTLY
CONFIRMED IN WRITING BY DELIVERY OF A NOTICE OF BORROWING TO ADMINISTRATIVE
AGENT ON OR BEFORE THE FUNDING DATE.
(II)
NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER SHALL INCUR ANY
LIABILITY TO BORROWER IN ACTING UPON ANY TELEPHONIC NOTICE REFERRED TO ABOVE
THAT ADMINISTRATIVE AGENT BELIEVES IN GOOD FAITH TO HAVE BEEN GIVEN BY A DULY
AUTHORIZED OFFICER OR OTHER PERSON AUTHORIZED TO BORROW ON BEHALF OF BORROWER OR
FOR OTHERWISE ACTING IN GOOD FAITH UNDER THIS SECTION 2.1(B), AND UPON THE
FUNDING OF COMMITTED LOANS BY LENDERS IN ACCORDANCE WITH THIS AGREEMENT
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PURSUANT TO ANY SUCH TELEPHONIC NOTICE, BORROWER SHALL HAVE EFFECTED COMMITTED
LOANS HEREUNDER.
(III)
BORROWER SHALL NOTIFY ADMINISTRATIVE AGENT PRIOR TO THE FUNDING OF
ANY COMMITTED LOAN IN THE EVENT THAT ANY OF THE MATTERS TO WHICH BORROWER IS
REQUIRED TO CERTIFY IN THE APPLICABLE NOTICE OF BORROWING IS NO LONGER TRUE AND
CORRECT IN ALL MATERIAL RESPECTS AS OF THE FUNDING DATE, AND THE ACCEPTANCE BY
BORROWER OF THE PROCEEDS OF EACH COMMITTED LOAN SHALL CONSTITUTE A
RE-CERTIFICATION BY BORROWER, AS OF THE FUNDING DATE, AS TO THE MATTERS TO WHICH
BORROWER IS REQUIRED TO CERTIFY IN THE APPLICABLE NOTICE OF BORROWING.
(IV)
EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 2.7(B), 2.7(C),
AND 2.7(G), A NOTICE OF BORROWING FOR A EURODOLLAR RATE LOAN (OR TELEPHONIC
NOTICE IN LIEU THEREOF) SHALL BE IRREVOCABLE ON AND AFTER THE RELATED INTEREST
RATE DETERMINATION DATE, AND BORROWER SHALL BE BOUND TO MAKE A BORROWING IN
ACCORDANCE THEREWITH.
(C)
DISBURSEMENT OF FUNDS.
(I)
THE COMMITTED LOANS UNDER THIS AGREEMENT SHALL BE MADE BY LENDERS
SIMULTANEOUSLY AND PROPORTIONATELY TO THEIR RESPECTIVE COMMITMENT PERCENTAGE, IT
BEING UNDERSTOOD THAT NO LENDER SHALL BE RESPONSIBLE FOR ANY DEFAULT BY ANY
OTHER LENDER IN SUCH OTHER LENDER'S OBLIGATION TO MAKE A COMMITTED LOAN
REQUESTED HEREUNDER NOR SHALL THE COMMITMENT OF ANY LENDER BE INCREASED OR
DECREASED AS A RESULT OF A DEFAULT BY ANY OTHER LENDER IN SUCH OTHER LENDER'S
OBLIGATION TO MAKE A COMMITTED LOAN REQUESTED HEREUNDER.
PROMPTLY AFTER RECEIPT
BY ADMINISTRATIVE AGENT OF A NOTICE OF BORROWING PURSUANT TO SECTION 2.1(C) (OR
TELEPHONIC NOTICE IN LIEU THEREOF), ADMINISTRATIVE AGENT SHALL NOTIFY EACH
LENDER OF THE PROPOSED BORROWING.
EACH LENDER SHALL MAKE THE AMOUNT OF ITS
COMMITTED LOAN AVAILABLE TO ADMINISTRATIVE AGENT NOT LATER THAN 11:00 A.M.
(DALLAS, TEXAS TIME) ON THE FUNDING DATE, IN SAME DAY FUNDS IN DOLLARS, AT THE
FUNDING AND PAYMENT OFFICE.
(II)
UNLESS ADMINISTRATIVE AGENT SHALL HAVE RECEIVED NOTICE FROM A
LENDER PRIOR TO THE PROPOSED DATE OF ANY COMMITTED LOAN THAT SUCH LENDER WILL
NOT