OUTSTANDING NOT TO EXCEED SUCH LENDER'S COMMITMENT MINUS AN
AMOUNT EQUAL TO SUCH LENDER'S COMMITMENT PERCENTAGE MULTIPLIED BY THE
OUTSTANDING CREDITS AT SUCH TIME.
(B)
AT NO TIME SHALL THE OUTSTANDING CREDITS EXCEED THE AGGREGATE
COMMITMENTS.
THE BORROWER AGREES TO PREPAY ADVANCES (SUBJECT TO PAYMENT OF THE
BREAKAGE FEE REQUIRED PURSUANT TO CLAUSE (II) OF SECTION 8.05(B) TO THE EXTENT
REQUIRED TO ENSURE COMPLIANCE WITH THIS PROVISION AT ALL TIMES.
(C)
NO MORE THAN TEN EURODOLLAR BORROWINGS SHALL BE OUTSTANDING AT ANY
ONE TIME.
(D)
WITHIN THE FOREGOING LIMITS, THE BORROWER MAY BORROW, PAY OR
PREPAY, SUBJECT TO THE LIMITATIONS SET FORTH IN SECTION 2.10(A), AND REBORROW
ADVANCES HEREUNDER, ON AND AFTER THE DATE HEREOF AND PRIOR TO THE TERMINATION
DATE, SUBJECT TO THE TERMS, CONDITIONS AND LIMITATIONS SET FORTH HEREIN.
SECTION 2.02.
THE ADVANCES.
(A)
EACH ADVANCE SHALL BE MADE AS PART OF A BORROWING CONSISTING OF
ADVANCES MADE BY THE LENDERS RATABLY IN ACCORDANCE WITH THEIR RESPECTIVE
COMMITMENTS; PROVIDED, HOWEVER, THAT THE FAILURE OF ANY LENDER TO MAKE ANY
ADVANCE SHALL NOT IN ITSELF RELIEVE ANY OTHER LENDER OF ITS OBLIGATION TO LEND
HEREUNDER (IT BEING UNDERSTOOD, HOWEVER, THAT NO LENDER SHALL BE RESPONSIBLE FOR
THE FAILURE OF ANY OTHER LENDER TO MAKE ANY ADVANCE REQUIRED TO BE MADE BY SUCH
OTHER LENDER).
THE ADVANCES COMPRISING ANY BORROWING SHALL BE IN AN AGGREGATE
PRINCIPAL AMOUNT THAT IS AN INTEGRAL MULTIPLE OF $1,000,000 AND NOT LESS THAN
$5,000,000 (OR AN AGGREGATE PRINCIPAL AMOUNT EQUAL TO THE REMAINING BALANCE OF
THE AVAILABLE COMMITMENTS).
(B)
EACH BORROWING SHALL BE COMPRISED ENTIRELY OF EURODOLLAR ADVANCES
OR BASE RATE ADVANCES, AS THE BORROWER MAY REQUEST PURSUANT TO SECTION 2.03.
EACH LENDER MAY AT ITS OPTION MAKE ANY EURODOLLAR ADVANCE BY CAUSING ANY
DOMESTIC OR FOREIGN BRANCH OR AFFILIATE OF SUCH LENDER TO MAKE SUCH ADVANCE;
PROVIDED THAT ANY EXERCISE OF SUCH OPTION SHALL NOT AFFECT THE OBLIGATION OF THE
BORROWER TO REPAY SUCH ADVANCE IN ACCORDANCE WITH THE TERMS OF THIS
17
AGREEMENT.
SUBJECT TO SECTION 2.01(C), BORROWINGS OF MORE THAN ONE TYPE MAY BE
OUTSTANDING AT THE SAME TIME.
(C)
EACH LENDER SHALL MAKE EACH ADVANCE TO BE MADE BY IT HEREUNDER ON
THE PROPOSED DATE THEREOF BY WIRE TRANSFER OF IMMEDIATELY AVAILABLE FUNDS TO THE
ADMINISTRATIVE AGENT IN NEW YORK, NEW YORK, NOT LATER THAN 12:00 NOON, AND THE
ADMINISTRATIVE AGENT SHALL, BY 2:00 P.M., CREDIT THE AMOUNTS SO RECEIVED TO THE
ACCOUNT OR ACCOUNTS SPECIFIED FROM TIME TO TIME IN ONE OR MORE NOTICES DELIVERED
BY THE BORROWER TO 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.
UNLESS THE
ADMINISTRATIVE AGENT SHALL HAVE RECEIVED NOTICE FROM A LENDER PRIOR TO THE TIME
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