RESULTING
FROM THE CONVERSION OF AN 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 AN INDEX LOAN:
BY 1:00 P.M., 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 $500,000.00 IN EXCESS
OF SUCH MINIMUM.
(III)
ANY INDEX LOAN WHICH MATURES WHILE A
SUSPENSION EVENT OR EVENT OF DEFAULT EXISTS, MAY BE CONVERTED, AT THE OPTION OF
THE ADMINISTRATIVE AGENT, TO A BASE MARGIN LOAN NOTWITHSTANDING ANY
43
NOTICE FROM THE LEAD BORROWER THAT SUCH REVOLVING CREDIT LOAN IS TO BE CONTINUED
AS AN INDEX LOAN.
(C)
ANY REQUEST FOR A REVOLVING CREDIT LOAN OR FOR THE CONTINUANCE OR
CONVERSION OF A REVOLVING CREDIT LOAN WHICH IS MADE AFTER THE APPLICABLE
DEADLINE THEREFOR, AS SET FORTH ABOVE, SHALL BE DEEMED TO HAVE BEEN MADE AT THE
OPENING OF BUSINESS ON THE THEN NEXT BUSINESS DAY OR INDEX BUSINESS DAY, AS
APPLICABLE, UNLESS THE ADMINISTRATIVE AGENT, IN ITS DISCRETION, DETERMINES TO
DEEM IT TO HAVE BEEN MADE EARLIER.
EACH REQUEST FOR A REVOLVING CREDIT LOAN OR
FOR THE CONVERSION OF A REVOLVING CREDIT LOAN SHALL BE MADE IN SUCH MANNER AS
MAY FROM TIME TO TIME BE ACCEPTABLE TO THE ADMINISTRATIVE AGENT.
(D)
INTENTIONALLY OMITTED.
(E)
THE LEAD BORROWER MAY REQUEST THAT THE ADMINISTRATIVE AGENT CAUSE
THE ISSUANCE OF L/C'S FOR THE ACCOUNT OF THE BORROWERS AS PROVIDED IN SECTION
2.18.
(F)
THE ADMINISTRATIVE AGENT MAY RELY ON ANY REQUEST FOR A LOAN OR
ADVANCE, OR OTHER FINANCIAL ACCOMMODATION UNDER THE REVOLVING CREDIT WHICH THE
ADMINISTRATIVE AGENT, IN GOOD FAITH, BELIEVES TO HAVE BEEN MADE BY A PERSON DULY
AUTHORIZED TO ACT ON BEHALF OF THE LEAD BORROWER AND MAY DECLINE TO MAKE ANY
SUCH REQUESTED LOAN OR ADVANCE, OR ISSUANCE, OR TO PROVIDE ANY SUCH FINANCIAL
ACCOMMODATION PENDING THE ADMINISTRATIVE AGENT'S BEING FURNISHED WITH SUCH
DOCUMENTATION CONCERNING THAT PERSON'S AUTHORITY TO ACT AS MAY BE SATISFACTORY
TO THE ADMINISTRATIVE AGENT.
AS AN ACCOMMODATION TO BORROWERS, ADMINISTRATIVE
AGENT MAY IN ITS DISCRETION PERMIT TELEPHONIC REQUESTS FOR REVOLVING CREDIT
LOANS AND ELECTRONIC TRANSMITTAL OF INSTRUCTIONS, AUTHORIZATIONS, AGREEMENTS OR
REPORTS TO ADMINISTRATIVE AGENT BY BORROWERS, PROVIDED THAT ADMINISTRATIVE AGENT
ONLY SHALL ACCEPT OR ACT UPON TELEPHONIC OR ELECTRONIC COMMUNICATIONS FROM AN
AUTHORIZED REPRESENTATIVE OF LEAD BORROWER, OR SUCH OTHER INDIVIDUALS IDENTIFIED
BY LEAD BORROWER FROM TIME TO TIME IN A WRITTEN NOTICE DELIVERED TO
ADMINISTRATIVE AGENT.
ADMINISTRATIVE AGENT AND LENDERS SHALL HAVE NO LIABILITY
TO BORROWERS FOR ANY LOSS OR DAMAGE SUFFERED BY BORROWERS AS A RESULT OF
ADMINISTRATIVE AGENT'S HONORING OF ANY REQUESTS, EXECUTION OF ANY INSTRUCTIONS,
AUTHORIZATIONS OR AGREEMENTS OR RELIANCE ON ANY REPORTS COMMUNICATED TO IT
TELEPHONICALLY OR ELECTRONICALLY AND PURPORTING TO HAVE BEEN SENT TO
ADMINISTRATIVE AGENT BY AN AUTHORIZED REPRESENTATIVE OF BORROWERS, AND
ADMINISTRATIVE AGENT SHALL HAVE NO DUTY TO VERIFY