THE BORROWING
MINIMUM.
AT THE TIME THAT EACH ABR BORROWING IS MADE, SUCH BORROWING SHALL BE
IN AN AGGREGATE AMOUNT THAT IS AN INTEGRAL MULTIPLE OF US$500,000 AND NOT LESS
THAN US$1,000,000; 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 2.05(F).
BORROWINGS OF MORE THAN ONE TYPE MAY BE OUTSTANDING AT THE
SAME TIME; PROVIDED THAT THERE SHALL NOT AT ANY TIME BE MORE THAN FIVE EURIBOR
BORROWINGS AND LIBOR BORROWINGS OUTSTANDING AT ANY TIME, UNLESS OTHERWISE AGREED
BETWEEN THE BORROWER AND THE ADMINISTRATIVE AGENT.
(D)
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.
33
SECTION 2.03.
REQUESTS FOR BORROWINGS.
TO REQUEST A BORROWING, THE BORROWER
SHALL NOTIFY THE ADMINISTRATIVE AGENT OF SUCH REQUEST BY TELEPHONE (A) IN THE
CASE OF A EURIBOR BORROWING OR A LIBOR BORROWING, NOT LATER THAN 11:00 A.M.,
LOCAL TIME, THREE BUSINESS DAYS BEFORE THE DATE OF THE PROPOSED BORROWING OR
(B) IN THE CASE OF AN ABR BORROWING, NOT LATER THAN 11:00 A.M., LOCAL TIME, ON
THE DAY OF THE PROPOSED BORROWING.
EACH SUCH TELEPHONIC BORROWING REQUEST SHALL
BE IRREVOCABLE AND SHALL BE CONFIRMED PROMPTLY BY HAND DELIVERY OR FACSIMILE TO
THE ADMINISTRATIVE AGENT OF AN EXECUTED WRITTEN BORROWING REQUEST.
EACH SUCH
TELEPHONIC AND WRITTEN BORROWING REQUEST SHALL SPECIFY THE FOLLOWING INFORMATION
IN COMPLIANCE WITH SECTION 2.02:
(I) THE AGGREGATE AMOUNT AND CURRENCY OF SUCH BORROWING;
(II) THE DATE OF SUCH BORROWING, WHICH SHALL BE A BUSINESS DAY;
(III) IN THE CASE OF A BORROWING DENOMINATED IN US DOLLARS, WHETHER SUCH
BORROWING IS TO BE AN ABR BORROWING OR A LIBOR BORROWING;
(IV) IN THE CASE OF A EURIBOR BORROWING OR A LIBOR BORROWING, THE INITIAL
INTEREST PERIOD TO BE APPLICABLE THERETO, WHICH SHALL BE A PERIOD CONTEMPLATED
BY THE DEFINITION OF THE TERM "INTEREST PERIOD"; AND
(V) EXCEPT IN THE CASE OF ANY ABR BORROWING REQUESTED TO FINANCE THE
REIMBURSEMENT OF AN LC DISBURSEMENT AS PROVIDED IN SECTION 2.05(F), THE LOCATION
AND NUMBER OF THE ACCOUNT OF THE BORROWER TO WHICH FUNDS ARE TO BE DISBURSED.
If no election as to the Type of a Borrowing to be denominated in US Dollars is
specified, then the requested Borrowing shall be an ABR Borrowing.
If no
Interest Period is specified with respect to any requested EURIBOR Borrowing or
LIBOR Borrowing, then the Borrower shall be deemed to have selected an Interest
Period of one month's duration.
Promptly following receipt of a Borrowing
Request in accordance with this Section, the Administrative Agent shall advise
each Lender of the details thereof and of the amount of such Lender's Loan to be
made as part of the requested Borrowing.
SECTION 2.04.
SWINGLINE LOANS.
(A)
SUBJECT