INTERPRETING SUCH LAW.
SECTION 1.06
TIMES OF DAY.
UNLESS OTHERWISE SPECIFIED, ALL REFERENCES HEREIN
TO TIMES OF DAY SHALL BE REFERENCES TO EASTERN TIME (DAYLIGHT OR STANDARD, AS
APPLICABLE).
SECTION 1.07
LETTER OF CREDIT AMOUNTS.
UNLESS OTHERWISE SPECIFIED, ALL
REFERENCES HEREIN TO THE AMOUNT OF A LETTER OF CREDIT AT ANY TIME SHALL BE
DEEMED TO MEAN THE MAXIMUM FACE AMOUNT OF SUCH LETTER OF CREDIT AFTER GIVING
EFFECT TO ALL INCREASES THEREOF CONTEMPLATED BY SUCH LETTER OF CREDIT OR THE L/C
DOCUMENTS RELATED THERETO, WHETHER OR NOT SUCH MAXIMUM FACE AMOUNT IS IN EFFECT
AT SUCH TIME.
SECTION 1.08
CLASSES AND TYPES OF BORROWINGS.
THE TERM "BORROWING" DENOTES THE
AGGREGATION OF LOANS OF ONE OR MORE LENDERS MADE TO THE BORROWER PURSUANT TO
ARTICLE II ON THE SAME DATE, ALL OF WHICH LOANS ARE OF THE SAME CLASS AND TYPE
(SUBJECT TO ARTICLE III) AND, EXCEPT IN THE CASE OF BASE RATE LOANS, HAVE THE
SAME INITIAL INTEREST PERIOD.
LOANS HEREUNDER ARE DISTINGUISHED BY "CLASS" AND
"TYPE".
THE "CLASS" OF A LOAN (OR OF A COMMITMENT TO MAKE SUCH A LOAN OR OF A
BORROWING COMPRISED OF SUCH LOANS) REFERS TO WHETHER SUCH LOAN IS A REVOLVING
LOAN OR A TERM B LOAN.
THE "TYPE" OF A LOAN REFERS TO WHETHER SUCH LOAN IS A
EURODOLLAR LOAN OR A BASE RATE LOAN.
IDENTIFICATION OF A LOAN (OR A BORROWING)
BY BOTH CLASS AND TYPE (E.G., A "TERM B EURODOLLAR LOAN") INDICATES THAT SUCH
LOAN IS A LOAN OF BOTH SUCH CLASS AND SUCH TYPE (E.G., BOTH A TERM B LOAN AND A
EURODOLLAR LOAN) OR THAT SUCH BORROWING IS COMPRISED OF SUCH LOANS.
ARTICLE II
THE CREDIT FACILITIES
SECTION 2.01
COMMITMENTS TO LEND.
(A)
REVOLVING LOANS.
EACH REVOLVING LENDER SEVERALLY AGREES, ON THE
TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, TO MAKE REVOLVING LOANS TO THE
BORROWER PURSUANT TO THIS SECTION 2.01(A) FROM TIME TO TIME DURING THE
AVAILABILITY PERIOD FOR REVOLVING LOANS IN AMOUNTS SUCH THAT ITS REVOLVING
OUTSTANDINGS SHALL NOT EXCEED (AFTER GIVING EFFECT TO ALL REVOLVING LOANS
REPAID, ALL REIMBURSEMENTS OF L/C DISBURSEMENTS MADE, AND ALL REFUNDED SWING
LINE LOANS PAID CONCURRENTLY WITH THE MAKING OF ANY REVOLVING LOANS) ITS
REVOLVING COMMITMENT; PROVIDED THAT, IMMEDIATELY AFTER GIVING
41
EFFECT TO EACH SUCH REVOLVING LOAN, (I) THE AGGREGATE REVOLVING OUTSTANDINGS
SHALL NOT EXCEED THE REVOLVING COMMITTED AMOUNT AND (II) WITH RESPECT TO EACH
REVOLVING LENDER INDIVIDUALLY, SUCH LENDER'S OUTSTANDING REVOLVING LOANS PLUS
ITS (OTHER THAN THE SWING LINE LENDER'S IN ITS CAPACITY AS SUCH) PARTICIPATION
INTERESTS IN OUTSTANDING SWING LINE LOANS PLUS ITS PARTICIPATION INTERESTS IN
OUTSTANDING L/C OBLIGATIONS SHALL NOT EXCEED SUCH LENDER'S REVOLVING COMMITMENT
PERCENTAGE OF THE REVOLVING COMMITTED AMOUNT.
EACH REVOLVING BORROWING
COMPRISED OF EURODOLLAR LOANS SHALL BE IN AN AGGREGATE PRINCIPAL AMOUNT OF
$1,000,000 OR ANY LARGER MULTIPLE OF $500,000, AND EACH REVOLVING BORROWING
COMPRISED OF BASE RATE LOANS SHALL BE IN AN AGGREGATE PRINCIPAL AMOUNT OF
$500,000 OR ANY LARGER MULTIPLE OF $100,000 (EXCEPT THAT ANY SUCH BORROWING MAY
BE