ANY SUCH L/C BORROWINGS AND, SECOND, SHALL BE MADE AVAILABLE
TO THE BORROWER AS PROVIDED ABOVE.
(C)
EXCEPT AS OTHERWISE PROVIDED HEREIN, A EURODOLLAR RATE LOAN MAY BE
CONTINUED UPON THE EXPIRATION OF ANY APPLICABLE INTEREST PERIOD OR CONVERTED
ONLY ON THE LAST DAY OF AN INTEREST PERIOD FOR SUCH EURODOLLAR RATE LOAN.
DURING THE EXISTENCE OF AN EVENT OF DEFAULT, NO LOANS MAY BE REQUESTED AS,
CONVERTED TO OR CONTINUED AS EURODOLLAR RATE LOANS WITHOUT THE CONSENT OF THE
REQUIRED
36
LENDERS.
DURING THE EXISTENCE OF A DEFAULT THAT IS NOT AN EVENT OF DEFAULT, NO
LOANS MAY BE REQUESTED AS, CONVERTED TO OR CONTINUED AS EURODOLLAR RATE LOANS
WITHOUT THE CONSENT OF THE REQUIRED LENDERS, UNLESS CONVERTED TO OR CONTINUED AS
EURODOLLAR RATE LOANS WITH INTEREST PERIODS OF ONE MONTH.
(D)
THE ADMINISTRATIVE AGENT SHALL PROMPTLY NOTIFY THE BORROWER AND
THE LENDERS (IN WRITING OR BY TELECOPIER OR OTHER ELECTRONIC COMMUNICATION) OF
THE INTEREST RATE APPLICABLE TO ANY INTEREST PERIOD FOR EURODOLLAR RATE LOANS
UPON DETERMINATION OF SUCH INTEREST RATE.
AT ANY TIME THAT BASE RATE LOANS ARE
OUTSTANDING, THE ADMINISTRATIVE AGENT SHALL NOTIFY THE BORROWER AND THE LENDERS
OF ANY CHANGE IN CREDIT SUISSE'S PRIME RATE USED IN DETERMINING THE BASE RATE
PROMPTLY FOLLOWING THE ANNOUNCEMENT OF SUCH CHANGE.
(E)
AFTER GIVING EFFECT TO ALL TERM BORROWINGS, ALL REVOLVING CREDIT
BORROWINGS, ALL CONVERSIONS OF TERM LOANS OR REVOLVING CREDIT LOANS FROM ONE
TYPE TO THE OTHER, AND ALL CONTINUATIONS OF TERM LOANS OR REVOLVING CREDIT LOANS
AS THE SAME TYPE, THERE SHALL NOT BE MORE THAN SIX INTEREST PERIODS IN EFFECT.
(F)
THE FAILURE OF ANY LENDER TO MAKE THE LOAN TO BE MADE BY IT AS
PART OF ANY BORROWING SHALL NOT RELIEVE ANY OTHER LENDER OF ITS OBLIGATION, IF
ANY, HEREUNDER TO MAKE ITS LOAN ON THE DATE OF SUCH BORROWING, BUT NO LENDER
SHALL BE RESPONSIBLE FOR THE FAILURE OF ANY OTHER LENDER TO MAKE THE LOAN TO BE
MADE BY SUCH OTHER LENDER ON THE DATE OF ANY BORROWING.
(G)
ANYTHING IN THIS SECTION 2.02 TO THE CONTRARY NOTWITHSTANDING, THE
BORROWER MAY NOT SELECT EURODOLLAR RATE FOR ANY BORROWING IF THE OBLIGATION OF
THE APPROPRIATE LENDERS TO MAKE EURODOLLAR RATE LOANS SHALL THEN BE SUSPENDED
PURSUANT TO SECTION 2.09 OR 2.10.
2.03
LETTERS OF CREDIT.
(A)
ISSUANCE OF LETTERS OF CREDIT.
EACH L/C ISSUER AGREES, ON THE
TERMS AND CONDITIONS HEREINAFTER SET FORTH, TO ISSUE (OR CAUSE ANY OF ITS
AFFILIATES THAT CONSTITUTE A COMMERCIAL BANK TO ISSUE ON ITS BEHALF) LETTERS OF
CREDIT IN DOLLARS FOR THE ACCOUNT OF THE BORROWER FROM TIME TO TIME ON ANY
BUSINESS DAY DURING THE PERIOD FROM THE CLOSING DATE UNTIL THE DAY THAT IS
THIRTY DAYS PRIOR TO THE MATURITY DATE THEN IN EFFECT FOR THE REVOLVING CREDIT
FACILITY (OR, IF SUCH DAY IS NOT A BUSINESS DAY, THE NEXT PRECEDING BUSINESS
DAY); PROVIDED THAT AFTER GIVING EFFECT TO ANY L/C CREDIT EXTENSION, (I) THE
TOTAL OUTSTANDINGS SHALL NOT EXCEED THE AGGREGATE COMMITMENTS, (II)