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 ANY BORROWER TO REPAY SUCH LOAN IN ACCORDANCE WITH THE
TERMS OF THIS AGREEMENT OR THE OBLIGATIONS OF SUCH LENDER TO MAKE SUCH LOAN IN
ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
BORROWINGS OF MORE THAN ONE TYPE
MAY BE OUTSTANDING AT THE SAME TIME; PROVIDED THAT NEITHER OF THE BORROWERS
SHALL BE ENTITLED TO REQUEST ANY BORROWING THAT, IF MADE, WOULD RESULT IN MORE
THAN FIVE EURODOLLAR BORROWINGS OUTSTANDING HEREUNDER AT ANY ONE TIME FOR ALL
LOANS.
FOR PURPOSES OF THE FOREGOING, BORROWINGS HAVING DIFFERENT INTEREST
PERIODS, REGARDLESS OF WHETHER THEY COMMENCE ON THE SAME DATE, SHALL BE
CONSIDERED SEPARATE BORROWINGS.
(C)
EXCEPT WITH RESPECT TO LOANS DEEMED MADE PURSUANT TO
SECTION 2.18(A)(E)(II) OR SECTION 2.18(B)(E)(II), EACH LENDER SHALL MAKE EACH
LOAN TO BE MADE BY IT HEREUNDER ON THE PROPOSED DATE THEREOF BY WIRE TRANSFER OF
IMMEDIATELY AVAILABLE FUNDS TO SUCH ACCOUNT IN NEW YORK CITY AS THE
ADMINISTRATIVE AGENT MAY DESIGNATE NOT LATER THAN 11:00 A.M., NEW YORK CITY
TIME, AND THE ADMINISTRATIVE AGENT SHALL PROMPTLY CREDIT THE AMOUNTS SO RECEIVED
TO AN ACCOUNT AS DIRECTED BY THE RELEVANT BORROWER IN THE APPLICABLE BORROWING
REQUEST MAINTAINED WITH THE ADMINISTRATIVE AGENT OR, IF A BORROWING SHALL NOT
OCCUR ON SUCH DATE BECAUSE ANY CONDITION PRECEDENT HEREIN SPECIFIED SHALL NOT
HAVE BEEN MET, RETURN THE AMOUNTS SO RECEIVED TO THE RESPECTIVE LENDERS.
(D)
UNLESS THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED NOTICE FROM A
LENDER PRIOR TO THE DATE OF ANY BORROWING THAT SUCH LENDER WILL NOT MAKE
AVAILABLE TO THE ADMINISTRATIVE AGENT SUCH LENDER'S PORTION OF SUCH BORROWING,
THE ADMINISTRATIVE AGENT MAY ASSUME THAT SUCH LENDER HAS MADE SUCH PORTION
AVAILABLE TO THE ADMINISTRATIVE AGENT ON THE DATE OF SUCH BORROWING IN
ACCORDANCE WITH PARAGRAPH (C) ABOVE, AND THE ADMINISTRATIVE AGENT MAY, IN
RELIANCE UPON SUCH ASSUMPTION, MAKE
35
AVAILABLE TO THE RELEVANT BORROWER ON SUCH DATE A CORRESPONDING AMOUNT.
IF THE
ADMINISTRATIVE AGENT SHALL HAVE SO MADE FUNDS AVAILABLE, THEN, TO THE EXTENT
THAT SUCH LENDER SHALL NOT HAVE MADE SUCH PORTION AVAILABLE TO THE
ADMINISTRATIVE AGENT, EACH SUCH LENDER AND THE RELEVANT BORROWER SEVERALLY
AGREES TO REPAY TO THE ADMINISTRATIVE AGENT FORTHWITH ON DEMAND SUCH
CORRESPONDING AMOUNT TOGETHER WITH INTEREST THEREON, FOR EACH DAY FROM THE DATE
SUCH AMOUNT IS MADE AVAILABLE TO THE RELEVANT BORROWER UNTIL THE DATE SUCH
AMOUNT IS REPAID TO THE ADMINISTRATIVE AGENT AT (I) IN THE CASE OF A BORROWER,
THE INTEREST RATE APPLICABLE AT THE TIME TO THE LOANS COMPRISING SUCH BORROWING
AND (II) IN THE CASE OF SUCH LENDER, THE GREATER OF THE FEDERAL FUNDS EFFECTIVE
RATE AND A RATE DETERMINED BY THE ADMINISTRATIVE AGENT IN ACCORDANCE WITH
BANKING INDUSTRY RULES ON INTERBANK COMPENSATION.
IF SUCH LENDER SHALL REPAY TO
THE ADMINISTRATIVE AGENT SUCH CORRESPONDING AMOUNT, SUCH AMOUNT SHALL CONSTITUTE
SUCH LENDER'S LOAN AS PART OF SUCH BORROWING FOR PURPOSES OF THIS AGREEMENT,