OTHERWISE SPECIFIED
THEREIN, ALL TERMS DEFINED IN THIS AGREEMENT SHALL HAVE THE DEFINED MEANINGS
WHEN USED IN ANY NOTES, ANY OTHER LOAN DOCUMENT OR ANY CERTIFICATE OR OTHER
DOCUMENT MADE OR DELIVERED PURSUANT HERETO.
(B)
AS USED HEREIN AND IN ANY NOTES AND ANY OTHER LOAN DOCUMENT, AND
ANY CERTIFICATE OR OTHER DOCUMENT MADE OR DELIVERED PURSUANT HERETO OR THERETO,
ACCOUNTING TERMS RELATING TO THE BORROWER AND ITS SUBSIDIARIES NOT DEFINED IN
SUBSECTION 1.1 AND ACCOUNTING TERMS PARTLY DEFINED IN SUBSECTION 1.1, TO THE
EXTENT NOT DEFINED, SHALL HAVE THE RESPECTIVE MEANINGS GIVEN TO THEM UNDER GAAP.
(C)
THE WORDS "HEREOF", "HEREIN" AND "HEREUNDER" AND WORDS OF SIMILAR
IMPORT WHEN USED IN THIS AGREEMENT SHALL REFER TO THIS AGREEMENT AS A WHOLE AND
NOT TO ANY PARTICULAR PROVISION OF THIS AGREEMENT, AND SECTION, SUBSECTION,
SCHEDULE AND EXHIBIT REFERENCES ARE TO THIS AGREEMENT UNLESS OTHERWISE
SPECIFIED.
THE PHRASE "THE DATE HEREOF" AND PHRASES OF SIMILAR IMPORT WHEN USED
IN THIS AGREEMENT SHALL REFER TO FEBRUARY 6, 2008.
(D)
THE MEANINGS GIVEN TO TERMS DEFINED HEREIN SHALL BE EQUALLY
APPLICABLE TO BOTH THE SINGULAR AND PLURAL FORMS OF SUCH TERMS.
SECTION 2.
AMOUNT AND TERMS OF COMMITMENTS
2.1.
REVOLVING CREDIT COMMITMENTS
(A)
SUBJECT TO THE TERMS AND
CONDITIONS HEREOF, EACH REVOLVING CREDIT LENDER SEVERALLY AGREES TO MAKE
REVOLVING CREDIT LOANS ("REVOLVING CREDIT LOANS") TO THE BORROWER FROM TIME TO
TIME DURING THE REVOLVING CREDIT COMMITMENT PERIOD IN AN AGGREGATE PRINCIPAL
AMOUNT AT ANY ONE TIME OUTSTANDING WHICH, WHEN ADDED TO SUCH REVOLVING CREDIT
LENDER'S REVOLVING CREDIT COMMITMENT PERCENTAGE OF THE THEN OUTSTANDING L/C
OBLIGATIONS, DOES NOT EXCEED THE AMOUNT OF SUCH LENDER'S REVOLVING CREDIT
COMMITMENT THEN IN EFFECT.
DURING THE REVOLVING CREDIT COMMITMENT PERIOD THE
BORROWER MAY USE THE REVOLVING CREDIT COMMITMENTS BY BORROWING, PREPAYING THE
REVOLVING CREDIT LOANS IN WHOLE OR IN PART, AND REBORROWING, ALL IN ACCORDANCE
WITH THE TERMS AND CONDITIONS HEREOF.
(B)
THE REVOLVING CREDIT LOANS SHALL BE MADE IN DOLLARS AND MAY FROM
TIME TO TIME BE (I) EURODOLLAR LOANS, (II) ABR LOANS OR (III) A COMBINATION
THEREOF, AS DETERMINED BY THE BORROWER AND NOTIFIED TO THE ADMINISTRATIVE AGENT
IN ACCORDANCE WITH SUBSECTIONS 2.2 AND 4.2, PROVIDED THAT NO REVOLVING CREDIT
LOAN SHALL BE MADE AS A EURODOLLAR LOAN AFTER THE DAY THAT IS ONE MONTH PRIOR TO
THE TERMINATION DATE.
(C)
THE BORROWER AGREES THAT, UPON THE REQUEST TO THE ADMINISTRATIVE
AGENT BY ANY REVOLVING CREDIT LENDER MADE ON OR PRIOR TO THE CLOSING DATE OR IN
CONNECTION WITH ANY ASSIGNMENT PURSUANT TO SUBSECTION 13.6(B), IN ORDER TO
EVIDENCE SUCH LENDER'S REVOLVING CREDIT LOANS THE BORROWER WILL EXECUTE AND
DELIVER TO SUCH LENDER A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF
EXHIBIT A-1, WITH APPROPRIATE INSERTIONS AS TO PAYEE, DATE AND PRINCIPAL AMOUNT
(EACH, AS AMENDED, SUPPLEMENTED, REPLACED OR OTHERWISE MODIFIED FROM TIME TO
TIME, A "REVOLVING CREDIT NOTE"), PAYABLE TO THE ORDER OF SUCH LENDER AND IN A
PRINCIPAL AMOUNT EQUAL TO THE AGGREGATE UNPAID PRINCIPAL AMOUNT OF ALL REVOLVING
CREDIT LOANS MADE BY SUCH