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)
MINIMUM AMOUNTS; LIMITATION ON NUMBER OF
BORROWINGS.
AT THE COMMENCEMENT OF EACH INTEREST PERIOD FOR ANY EURODOLLAR
BORROWING, SUCH BORROWING SHALL BE IN AN AGGREGATE AMOUNT THAT IS AN INTEGRAL
MULTIPLE OF $100,000 AND NOT LESS THAN $100,000.
AT THE TIME THAT EACH ABR
BORROWING IS MADE, SUCH BORROWING SHALL BE IN AN AGGREGATE AMOUNT THAT IS AN
INTEGRAL MULTIPLE OF $100,000 AND NOT LESS THAN $100,000; PROVIDED THAT AN ABR
BORROWING MAY BE IN AN AGGREGATE AMOUNT THAT IS EQUAL TO THE ENTIRE UNUSED
BALANCE OF THE TOTAL COMMITMENTS OR THAT IS REQUIRED TO FINANCE THE
REIMBURSEMENT OF AN LC DISBURSEMENT AS CONTEMPLATED BY SECTION 2.08(E).
BORROWINGS OF MORE THAN ONE TYPE MAY BE OUTSTANDING AT THE SAME TIME, PROVIDED
THAT THERE SHALL NOT AT ANY TIME BE MORE THAN A TOTAL OF FIVE (5) EURODOLLAR
BORROWINGS OUTSTANDING.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
THE BORROWER SHALL NOT BE ENTITLED TO REQUEST, OR TO ELECT TO CONVERT OR
CONTINUE, ANY BORROWING IF THE INTEREST PERIOD REQUESTED WITH RESPECT THERETO
WOULD END AFTER THE MATURITY DATE.
20
(D)
NOTES.
THE LOANS MADE BY EACH LENDER SHALL
BE EVIDENCED BY A SINGLE PROMISSORY NOTE OF THE BORROWER IN SUBSTANTIALLY THE
FORM OF EXHIBIT A, DATED, IN THE CASE OF (I) ANY LENDER PARTY HERETO AS OF THE
DATE OF THIS AGREEMENT, AS OF THE DATE OF THIS AGREEMENT OR (II) ANY LENDER THAT
BECOMES A PARTY HERETO PURSUANT TO AN ASSIGNMENT AND ASSUMPTION, AS OF THE
EFFECTIVE DATE OF THE ASSIGNMENT AND ASSUMPTION, PAYABLE TO THE ORDER OF SUCH
LENDER IN A PRINCIPAL AMOUNT EQUAL TO ITS MAXIMUM CREDIT AMOUNT AS IN EFFECT ON
SUCH DATE, AND OTHERWISE DULY COMPLETED.
IN THE EVENT THAT ANY LENDER'S MAXIMUM
CREDIT AMOUNT INCREASES OR DECREASES FOR ANY REASON (WHETHER PURSUANT TO
SECTION 2.06, SECTION 12.04(A) OR OTHERWISE), THE BORROWER SHALL DELIVER OR
CAUSE TO BE DELIVERED ON THE EFFECTIVE DATE OF SUCH INCREASE OR DECREASE, A NEW
NOTE PAYABLE TO THE ORDER OF SUCH LENDER IN A PRINCIPAL AMOUNT EQUAL TO ITS
MAXIMUM CREDIT AMOUNT AFTER GIVING EFFECT TO SUCH INCREASE OR DECREASE, AND
OTHERWISE DULY COMPLETED AND EACH SUCH LENDER SHALL DELIVER THE PRIOR EFFECTIVE
NOTE TO THE BORROWER PROMPTLY UPON RECEIPT OF SUCH NEW NOTE.
THE DATE, AMOUNT,
TYPE, INTEREST RATE AND, IF APPLICABLE, INTEREST PERIOD OF EACH LOAN MADE BY
EACH LENDER, AND ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL THEREOF, SHALL BE
RECORDED BY SUCH LENDER ON ITS BOOKS FOR ITS NOTE, AND, PRIOR TO ANY TRANSFER,
MAY BE ENDORSED BY SUCH LENDER ON A SCHEDULE ATTACHED TO SUCH NOTE OR ANY
CONTINUATION THEREOF OR ON ANY SEPARATE RECORD MAINTAINED BY SUCH LENDER.
FAILURE TO MAKE ANY SUCH NOTATION OR TO ATTACH