THE TERMS OF ANY ISSUER
DOCUMENT RELATED THERETO, PROVIDES FOR ONE OR MORE AUTOMATIC INCREASES IN THE
STATED AMOUNT THEREOF, THE AMOUNT OF SUCH LETTER OF CREDIT SHALL BE DEEMED TO BE
THE MAXIMUM STATED AMOUNT OF SUCH LETTER OF CREDIT AFTER GIVING EFFECT TO ALL
SUCH INCREASES, WHETHER OR NOT SUCH MAXIMUM STATED AMOUNT IS IN EFFECT AT SUCH
TIME.
1.6
CHANGES IN GAAP.
IF AT ANY TIME ANY CHANGE IN GAAP WOULD AFFECT
THE COMPUTATION OF ANY FINANCIAL RATIO, COVENANT, OR REQUIREMENT SET FORTH IN
ANY LOAN DOCUMENT, AND EITHER BORROWER OR THE REQUISITE LENDERS SHALL SO
REQUEST, ADMINISTRATIVE AGENT, THE LENDERS AND BORROWER SHALL NEGOTIATE IN GOOD
FAITH TO AMEND SUCH RATIO OR REQUIREMENT TO PRESERVE THE ORIGINAL INTENT THEREOF
IN LIGHT OF SUCH CHANGE IN GAAP (SUBJECT TO THE APPROVAL OF THE REQUISITE
LENDERS); PROVIDED THAT, UNTIL SO AMENDED, (I) SUCH RATIO OR REQUIREMENT SHALL
CONTINUE TO BE COMPUTED IN ACCORDANCE WITH GAAP PRIOR TO SUCH CHANGE THEREIN AND
(II) BORROWER SHALL PROVIDE TO ADMINISTRATIVE AGENT AND THE LENDERS FINANCIAL
STATEMENTS AND OTHER DOCUMENTS REQUIRED UNDER THIS AGREEMENT OR AS REASONABLY
REQUESTED HEREUNDER
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SETTING FORTH A RECONCILIATION BETWEEN CALCULATIONS OF SUCH RATIO OR REQUIREMENT
MADE BEFORE AND AFTER GIVING EFFECT TO SUCH CHANGE IN GAAP.
SECTION 2
AMOUNTS AND TERMS OF COMMITMENTS AND LOANS
2.1
Revolving Credit Facility; Making of Committed Loans; Register;
Optional Notes.
(A)
REVOLVING CREDIT FACILITY.
SUBJECT TO THE TERMS AND CONDITIONS IN
THE LOAN DOCUMENTS, EACH LENDER SEVERALLY BUT NOT JOINTLY AGREES TO LEND TO
BORROWER ONE (1) OR MORE LOANS UNDER THE REVOLVING CREDIT FACILITY (EACH SUCH
LOAN, A "COMMITTED LOAN"), WHICH BORROWER MAY BORROW, REPAY, AND REBORROW UNDER
THIS AGREEMENT, SUBJECT TO THE FOLLOWING CONDITIONS:
(I)
EACH COMMITTED LOAN REQUESTED BY BORROWER HEREUNDER MUST OCCUR ON
A BUSINESS DAY AND NO LATER THAN THE BUSINESS DAY IMMEDIATELY PRECEDING THE
MATURITY DATE;
(II)
EACH COMMITTED LOAN REQUESTED BY BORROWER THAT WILL BE (I) A BASE
RATE LOAN MUST BE IN AN AMOUNT NOT LESS THAN $1,000,000 OR A GREATER INTEGRAL
MULTIPLE OF $250,000 OR, IF LESS, THE UNUSED COMMITMENT, AND (II) A EURODOLLAR
RATE LOAN MUST BE IN AN AMOUNT NOT LESS THAN $5,000,000 OR A GREATER INTEGRAL
MULTIPLE OF $1,000,000;
(III)
THE COMMITMENT USAGE MAY NOT EXCEED THE TOTAL COMMITMENT; AND
(IV)
THE SUM OF (WITHOUT DUPLICATION) (A) EACH LENDER'S PRINCIPAL DEBT
PLUS (B) SUCH LENDER'S COMMITMENT PERCENTAGE OF THE LETTER OF CREDIT EXPOSURE
MAY NOT EXCEED SUCH LENDER'S COMMITMENT.
(B)
BORROWING MECHANICS.
(I)
WITH RESPECT TO COMMITTED LOANS TO BE MADE ON ANY FUNDING DATE,
BORROWER SHALL DELIVER TO ADMINISTRATIVE AGENT A NOTICE OF BORROWING NO LATER
THAN 11:00 A.M. (DALLAS, TEXAS TIME) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE
OF THE FUNDING DATE (IN THE CASE OF A EURODOLLAR RATE LOAN) OR AT LEAST ONE (1)
BUSINESS DAY IN ADVANCE OF THE FUNDING DATE (IN THE CASE OF A BASE RATE LOAN)
AND SHALL SPECIFY (A) THE PROPOSED FUNDING DATE, (B) THE AMOUNT OF THE