LETTERS OF CREDIT SHALL BE INCLUDED UNDER THE
AGGREGATE STATED AMOUNT OF ALL LETTERS OF CREDIT ISSUED UNDER THE L/C
COMMITMENT.
1 Company to schedule L/Cs, if applicable, from the existing LaSalle L/C
facility.
26
2.4
COMMITMENTS SEVERAL.
THE FAILURE OF ANY LENDER TO MAKE A
REQUESTED LOAN ON ANY DATE SHALL NOT RELIEVE ANY OTHER LENDER OF ITS OBLIGATION
(IF ANY) TO MAKE A LOAN ON SUCH DATE, BUT NO LENDER SHALL BE RESPONSIBLE FOR THE
FAILURE OF ANY OTHER LENDER TO MAKE ANY LOAN TO BE MADE BY SUCH OTHER LENDER.
2.5
CERTAIN CONDITIONS.
EXCEPT AS OTHERWISE PROVIDED IN SECTIONS
2.2.4 AND 2.3.4 OF THIS AGREEMENT, NO LENDER SHALL HAVE AN OBLIGATION TO MAKE
ANY LOAN, OR TO PERMIT THE CONTINUATION OF OR ANY CONVERSION INTO ANY LIBOR
LOAN, AND THE ISSUING LENDER SHALL NOT HAVE ANY OBLIGATION TO ISSUE ANY LETTER
OF CREDIT, IF AN EVENT OF DEFAULT OR UNMATURED EVENT OF DEFAULT EXISTS.
2.6
INCREASE OF REVOLVING COMMITMENT.
THE COMPANY MAY REQUEST THAT
THE REVOLVING COMMITMENT BE INCREASED BY AN AGGREGATE AMOUNT OF UP TO
$35,000,000, ONCE AS OF THE CLOSING DATE AND THREE TIMES THEREAFTER DURING THE
TERM OF THIS AGREEMENT.
NO SUCH REQUEST SHALL BE MADE OR HONORED DURING THE
CONTINUANCE OF AN EVENT OF DEFAULT OR AN UNMATURED EVENT OF DEFAULT.
NO SUCH
REQUEST OR CORRESPONDING INCREASE SHALL RESULT IN THE REVOLVING COMMITMENT
EXCEEDING $175,000,000 MINUS THE AGGREGATE AMOUNT OF ALL REDUCTIONS IN THE
REVOLVING COMMITMENT MADE PRIOR TO THE REQUESTED DATE OF SUCH INCREASE.
THE
COMPANY SHALL DELIVER SUCH A REQUEST, IF AT ALL, IN WRITING TO THE
ADMINISTRATIVE AGENT AND THE LENDERS NO MORE THAN THIRTY (30) DAYS AND NO FEWER
THAN TEN (10) DAYS BEFORE THE DATE ON WHICH THE COMPANY WISHES SUCH INCREASE TO
TAKE EFFECT.
THE ADMINISTRATIVE AGENT SHALL USE REASONABLE EFFORTS TO SEEK OUT
FINANCIAL INSTITUTIONS TO PROVIDE THE ADDITIONAL AMOUNT OF THE REQUESTED
INCREASE AND ALL SUCH FINANCIAL INSTITUTIONS MUST BE IN FORM AND SUBSTANCE
ACCEPTABLE TO THE COMPANY AND THE ADMINISTRATIVE AGENT.
IF EXISTING LENDERS
AND, IF APPLICABLE, NEW FINANCIAL INSTITUTIONS, ARE WILLING TO PROVIDE
ADDITIONAL COMMITMENTS IN THE AMOUNT OF UP TO $35,000,000, THEN SUCH INCREASE
SHALL BE GIVEN EFFECT AS OF THE DATE DESIGNATED BY THE ADMINISTRATIVE AGENT UPON
THE ADMINISTRATIVE AGENT'S RECEIPT FROM THE COMPANY, THE LENDERS AND SUCH NEW
FINANCIAL INSTITUTIONS OF THOSE AGREEMENTS, DOCUMENTS AND INSTRUMENTS REASONABLY
REQUIRED BY THE ADMINISTRATIVE AGENT (WITH EACH SUCH AGREEMENT, DOCUMENT AND
INSTRUMENT BEING IN FORM AND SUBSTANCE ACCEPTABLE TO THE ADMINISTRATIVE AGENT)
TO CONSUMMATE SUCH INCREASE, INCLUDING, WITHOUT LIMITATION, AMENDMENTS, JOINDER
DOCUMENTS, AFFIRMATIONS, LEGAL OPINION LETTERS, AND PROMISSORY NOTES.
NO SUCH
INCREASE SHALL BE GIVEN EFFECT IF AN EVENT OF DEFAULT OR UNMATURED EVENT OF
DEFAULT IS OUTSTANDING ON THE PROPOSED EFFECTIVE DATE FOR SUCH INCREASE.
NO
LENDER SHALL HAVE ANY DUTY OR OBLIGATION TO AGREE TO INCREASE ITS COMMITMENT
HEREUNDER UPON THE COMPANY'S REQUEST FOR SUCH AN INCREASE.
SECTION 3
EVIDENCING OF LOANS.
3.1
NOTES.
THE LOANS OF EACH LENDER