with the making of loans, credits,
and advances and the providing of financial accommodations under the Revolving
Credit and/or the monitoring of compliance with the provisions hereof shall not
be deemed a determination by any Agent or the Lenders relative to the actual
value of the asset in question.
All risks concerning the value of the
Collateral are and remain upon the Borrowers.
All Collateral secures the
prompt, punctual, and faithful performance of the Liabilities whether or not
relied upon by the Agents in connection with the making of loans, credits, and
advances and the providing of financial accommodations under the Revolving
Credit.
2.4
COMMITMENT TO MAKE REVOLVING CREDIT LOANS AND SUPPORT LETTERS OF CREDIT.
Subject to the provisions of this Agreement, the Lenders shall make a loan or
advance under the Revolving Credit and the Administrative Agent shall endeavor
to have an L/C issued for the account of the Borrowers, in each instance if duly
and timely requested by the Lead Borrower as provided herein provided that:
> (A)
NO OVERLOAN IS THEN OUTSTANDING AND NONE WILL RESULT THEREFROM.
>
>
> (B)
SUBJECT TO SECTION 2.5(H) HEREOF, NO SUSPENSION EVENT OR EVENT OF
> DEFAULT EXISTS AND NONE WILL BE CREATED BY THE ISSUANCE OF THE LETTER OF
> CREDIT OR THE MAKING OF SUCH REVOLVING CREDIT LOAN.
2.5
REVOLVING CREDIT LOAN REQUESTS.
> (A)
REQUESTS FOR LOANS AND ADVANCES UNDER THE REVOLVING CREDIT OR FOR THE
> CONTINUANCE OR CONVERSION OF AN INTEREST RATE APPLICABLE TO A REVOLVING CREDIT
> LOAN MAY BE REQUESTED BY THE LEAD BORROWER IN SUCH MANNER AS MAY FROM TIME TO
> TIME BE REASONABLY ACCEPTABLE TO THE ADMINISTRATIVE AGENT.
>
>
> (B)
SUBJECT TO THE PROVISIONS OF THIS AGREEMENT, THE LEAD BORROWER MAY
> REQUEST A REVOLVING CREDIT LOAN AND ELECT AN INTEREST RATE AND INTEREST PERIOD
> TO BE APPLICABLE TO THAT REVOLVING CREDIT LOAN BY GIVING NOTICE TO THE
> ADMINISTRATIVE AGENT BY NO LATER THAN THE FOLLOWING:
>
>
>
> > (I)
IF SUCH REVOLVING CREDIT LOAN IS TO BE OR IS TO BE
> > CONVERTED TO A BASE MARGIN LOAN: BY 1:00 PM BOSTON TIME ON THE BUSINESS DAY
> > ON WHICH THE SUBJECT REVOLVING CREDIT LOAN IS TO BE MADE OR IS TO BE SO
> > CONVERTED .
BASE MARGIN LOANS REQUESTED BY THE LEAD BORROWER, OTHER THAN
> > THOSE RESULTING FROM THE CONVERSION OF A INDEX LOAN, SHALL NOT BE LESS THAN
> > $10,000.00.
> >
> > (II)
IF SUCH REVOLVING CREDIT LOAN IS TO BE OR IS TO BE
> > CONVERTED TO A AN INDEX LOAN:
BY 1:00 PM BOSTON TIME, THREE (3) INDEX
> > BUSINESS DAYS BEFORE THE COMMENCEMENT OF ANY NEW INTEREST PERIOD OR THE END
> > OF THE THEN APPLICABLE INTEREST PERIOD.
INDEX LOANS AND CONVERSIONS TO
> > INDEX LOANS SHALL EACH BE NOT LESS THAN $1,000,000.00 AND IN INCREMENTS OF
> > $100,000.00 IN EXCESS OF SUCH MINIMUM.