THAT EFFECT, (IV)
EVIDENCE SATISFACTORY TO THE ADMINISTRATIVE AGENT THAT NO EVENT, CHANGE OR
CIRCUMSTANCE SHALL HAVE OCCURRED WITH RESPECT TO THE BORROWER AND ITS
SUBSIDIARIES SINCE THE MOST RECENT FINANCIAL STATEMENTS PROVIDED TO THE LENDERS
HEREUNDER THAT COULD RESULT IN A MATERIAL ADVERSE EFFECT AND (V) SUCH OTHER
DOCUMENTS AND CONDITIONS AS THE ADMINISTRATIVE AGENT OR ITS COUNSEL MAY HAVE
REASONABLY REQUESTED.
ON ANY INCREASED COMMITMENT DATE ON WHICH NEW COMMITMENTS ARE EFFECTED, SUBJECT
TO THE SATISFACTION OF THE FOREGOING TERMS AND CONDITIONS, (A) EACH OF THE
LENDERS SHALL ASSIGN TO EACH OF THE NEW LENDERS, AND EACH OF THE NEW LENDERS
SHALL PURCHASE FROM EACH OF THE LENDERS, AT THE PRINCIPAL AMOUNT THEREOF
(TOGETHER WITH ACCRUED INTEREST), SUCH INTERESTS IN THE REVOLVING LOANS
OUTSTANDING ON SUCH INCREASED COMMITMENT DATE AS SHALL BE NECESSARY IN ORDER
THAT, AFTER GIVING EFFECT TO ALL SUCH ASSIGNMENTS AND PURCHASES, SUCH REVOLVING
LOANS WILL BE HELD BY EXISTING LENDERS AND NEW LENDERS RATABLY IN ACCORDANCE
WITH THEIR COMMITMENTS AFTER GIVING EFFECT TO THE ADDITION OF SUCH NEW
COMMITMENTS TO THE COMMITMENTS, (B) EACH NEW COMMITMENT SHALL BE DEEMED FOR ALL
PURPOSES A COMMITMENT AND EACH REVOLVING LOAN MADE THEREUNDER SHALL BE DEEMED,
FOR ALL PURPOSES, A REVOLVING LOAN AND (C) EACH NEW LENDER SHALL BECOME A LENDER
WITH RESPECT TO THE NEW COMMITMENT AND ALL MATTERS RELATING THERETO.
27
SECTION 2.04.
LOANS AND BORROWINGS.
(A)
EACH REVOLVING LOAN SHALL BE MADE AS PART OF A BORROWING
CONSISTING OF LOANS MADE BY THE LENDERS RATABLY IN ACCORDANCE WITH THEIR
RESPECTIVE COMMITMENTS. THE FAILURE OF ANY LENDER TO MAKE ANY REVOLVING LOAN
REQUIRED TO BE MADE BY IT SHALL NOT RELIEVE ANY OTHER LENDER OF ITS OBLIGATIONS
HEREUNDER; PROVIDED THAT THE COMMITMENTS OF THE LENDERS ARE SEVERAL AND NO
LENDER SHALL BE RESPONSIBLE FOR ANY OTHER LENDER'S FAILURE TO MAKE LOANS AS
REQUIRED.
(B)
SUBJECT TO SECTION 2.15, EACH REVOLVING BORROWING SHALL BE
COMPRISED ENTIRELY OF ABR LOANS OR EURODOLLAR LOANS AS THE BORROWER MAY REQUEST
IN ACCORDANCE HEREWITH. EACH SWINGLINE LOAN SHALL BE AN ABR LOAN. EACH LENDER AT
ITS OPTION MAY MAKE ANY EURODOLLAR LOAN BY CAUSING ANY DOMESTIC OR FOREIGN
BRANCH OR AFFILIATE OF SUCH LENDER TO MAKE SUCH LOAN; PROVIDED THAT ANY EXERCISE
OF SUCH OPTION SHALL NOT AFFECT THE OBLIGATION OF THE BORROWER TO REPAY SUCH
LOAN IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
(C)
AT THE COMMENCEMENT OF EACH INTEREST PERIOD FOR ANY EURODOLLAR
REVOLVING BORROWING, SUCH BORROWING SHALL BE IN AN AGGREGATE AMOUNT THAT IS AN
INTEGRAL MULTIPLE OF $1,000,000 AND NOT LESS THAN $5,000,000. AT THE TIME THAT
EACH ABR REVOLVING BORROWING IS MADE, SUCH BORROWING SHALL BE IN AN AGGREGATE
AMOUNT THAT IS AN INTEGRAL MULTIPLE OF $500,000 AND NOT LESS THAN $2,000,000;
PROVIDED THAT AN ABR REVOLVING BORROWING MAY BE IN AN AGGREGATE AMOUNT THAT IS
EQUAL TO THE ENTIRE UNUSED BALANCE OF THE AGGREGATE COMMITMENT OR THAT IS
REQUIRED TO FINANCE THE REIMBURSEMENT OF AN LC DISBURSEMENT AS CONTEMPLATED BY
SECTION 2.07(E).