Common use of Selection of Interest Option Clause in Contracts

Selection of Interest Option. Upon making a Request for Borrowing ---------------------------- under Section 2.02(a) hereof, Company shall advise Administrative Agent as to whether the Borrowing shall be (i) a Eurodollar Borrowing, in which case Company shall specify the applicable Interest Period therefor, (ii) a CD Borrowing, in which case Company shall specify the applicable Interest Period therefor, or (iii) a Floating Base Borrowing. At least two (2) Business Days or Eurodollar Business Days, as the case may be, prior to the termination of each Interest Period with respect to a Eurodollar Borrowing or a CD Borrowing (whether such termination occurs before or after the Maturity Date) Company shall give Administrative Agent written notice (the "Rollover Notice") of the interest option which shall be applicable to such Borrowing upon the expiration of such Interest Period. If Company shall specify that such Borrowing shall be a Eurodollar Borrowing or a CD Borrowing, such Rollover Notice shall also specify the length of the succeeding Interest Period selected by Company with respect to such Advance. Each Rollover Notice shall be irrevocable and effective upon notification thereof to Administrative Agent. If the required Rollover Notice shall not have been timely received by Administrative Agent prior to the expiration of the then-relevant Interest Period, then Company shall be deemed to have elected to have such Borrowing be a Floating Base Borrowing. With respect to any Floating Base Borrowing, Company shall have the right, on any Business Day or Eurodollar Business Day as the case may be (a "Conversion Date") to convert such Floating Base Borrowing to a Eurodollar Borrowing or to a CD Borrowing, by giving Administrative Agent a Rollover Notice of such selection at least two (2) Business Days or Eurodollar Business Days, as the case may be, prior to such Conversion Date. Notwithstanding anything to the contrary contained herein, Company shall have no right to request a Eurodollar Borrowing or CD Borrowing if the interest rate applicable thereto under Section 2.03 hereof would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such Eurodollar Borrowing or CD Borrowing.

Selection of Interest Option. Upon making a Request for Borrowing ---------------------------- under Section 2.02(a) hereof, Company shall advise Administrative Agent as to whether the Borrowing shall be (i) a Eurodollar Borrowing, in which case Company shall specify the applicable Interest Period therefor, (ii) a CD LIBOR Borrowing, in which case Company shall specify the applicable Interest Period therefor, or (iiiii) a Floating Base Rate Borrowing. At least two (2) Business Days any time any portion of a Revolving Credit Loan bears interest determined in relation to LIBOR, it may be continued by Company at the end of the Interest Period applicable thereto so that all or Eurodollar Business Days, as the case may be, prior a portion thereof bears interest determined in relation to the termination Base Rate or to LIBOR for a new Interest Period designated by Company. At any time any portion of a Revolving Credit Loan bears interest determined in relation to the Base Rate, Company may convert all or a portion thereof so that it bears interest determined in relation to LIBOR for an Interest Period designated by Company. At such time as Company requests an Advance or wishes to select a LIBOR option for all or a portion of the outstanding principal balance of the Revolving Credit Loans, and at the end of each Interest Period Period, Company shall give Agent notice specifying: (i) the interest rate option selected by Company; (ii) the principal amount subject thereto; and (iii) for each LIBOR selection, the length of the applicable Interest Period. Any such notice may be given by telephone so long as, with respect to a Eurodollar Borrowing or a CD Borrowing (whether such termination occurs before or after each LIBOR selection, Agent receives written confirmation from Company not later than 11:00 a.m., Fort Worth time, on the Maturity Date) Company shall give Administrative Agent written notice (the "Rollover Notice") earlier of the day of the Advance or the first day of the Interest Period. For each LIBOR option requested hereunder, Agent will quote the applicable LIBOR interest option which shall be applicable rate to such Borrowing upon Company at approximately 10:00 a.m., Fort Worth time, on the expiration first day of such the Interest Period. If Company shall specify that such Borrowing does not immediately accept the rate quoted by Agent, any subsequent acceptance by Company shall be subject to a Eurodollar Borrowing or a CD Borrowing, such Rollover Notice shall also specify the length redetermination by Agent of the succeeding Interest Period applicable LIBOR interest rate; provided however, if Company fails to accept any such rate by 11:00 a.m., Fort Worth time, on the Business Day such quotation is given, then the quoted rate shall expire and Agent shall have no obligation to permit a LIBOR option to be selected by Company with respect to on such Advance. Each Rollover Notice shall be irrevocable and effective upon notification thereof to Administrative Agentday. If no specific designation of interest is made at the required Rollover Notice shall not have been timely received by Administrative Agent prior to time any Advance is requested hereunder or at the expiration end of the then-relevant any Interest Period, then Company shall be deemed to have elected made a Base Rate interest selection for such Advance or for the principal amount to have which such Borrowing be a Floating Base Borrowing. With respect to any Floating Base Borrowing, Company shall have the right, on any Business Day or Eurodollar Business Day as the case may be (a "Conversion Date") to convert such Floating Base Borrowing to a Eurodollar Borrowing or to a CD Borrowing, by giving Administrative Agent a Rollover Notice of such selection at least two (2) Business Days or Eurodollar Business Days, as the case may be, prior to such Conversion DateInterest Period applied. Notwithstanding anything to the contrary contained herein, Company shall have no right to request a Eurodollar Borrowing or CD LIBOR Borrowing if the interest rate applicable thereto under Section 2.03 hereof would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such Eurodollar Borrowing or CD LIBOR Borrowing.

Selection of Interest Option. Upon making a Request for Borrowing ---------------------------- under Section 2.02(a(a) hereofWhen Borrower requests any Eurodollar Borrowing, Company Borrower shall advise Administrative Agent as elect the applicable interest period (each an "Interest Period"), which may be, at Borrower's option, one (1), two (2), or three (3) months during the period of time from the date hereof to whether the Borrowing shall be Scheduled Maturity Date, and one (1), two (2), three (3), or six (6) months during the period of time from the Scheduled Maturity Date to the Extended Maturity Date, if applicable, subject to the following conditions: (i) each Interest Period applicable to any Borrowing commences on the day on or after the day when the next preceding applicable Interest Period expires; (ii) if any Interest Period for a Eurodollar Borrowing begins on a day for which there exists no numerically corresponding Business Day in the calendar month at the end of the Interest Period ("Ending Calendar Month"), then the Interest Period ends on the next succeeding Business Day of the Ending Calendar Month, unless there is no succeeding Business Day in the Ending Calendar Month in which case the Interest Period ends on the next preceding Business Day of the Ending Calendar Month; and (iii) no Interest Period for any portion of Term Loans may extend beyond the scheduled repayment date for that portion of the Term Loans. (b) Borrower may (i) on the last day of the applicable Interest Period (or at any other time, subject to payment of any Funding Loss) convert all or part of a Eurodollar Borrowing to a Base Rate Borrowing, (ii) at any time convert all or part of a Base Rate Borrowing to a Eurodollar Borrowing, in which case Company and (iii) on the last day of an Interest Period, elect a new Interest Period for a Eurodollar Borrowing. Any such conversion may be accomplished by delivering a Conversion Request to Administrative Agent no later than 11:00 a.m. (A) on the third (3rd) Business Day before (x) the conversion date for conversion to a Eurodollar Borrowing, and (y) the last day of the Interest Period, for the election of a new Interest Period, and (B) one (1) Business Day before the last day of the Interest Period for conversion to a Base Rate Borrowing. Absent Borrower's notice of conversion or election of a new Interest Period, a Eurodollar Borrowing shall specify be converted to a Base Rate Borrowing when the applicable Interest Period therefor, expires. (iic) a CD Borrowing, in which case Company shall specify the applicable Interest Period therefor, or (iii) a Floating Base Borrowing. At least two (2) Business Days or Eurodollar Business Days, as the case may be, prior to the termination of each Interest Period with respect to a Eurodollar Borrowing or a CD Borrowing (whether such termination occurs before or after the Maturity Date) Company shall give Administrative Agent written notice (the "Rollover Notice") of the interest option which shall be applicable to such Borrowing upon the expiration of such Interest Period. If Company shall specify that such Borrowing shall be a Eurodollar Borrowing or a CD Borrowing, such Rollover Notice shall also specify the length of the succeeding Interest Period selected by Company with respect to such Advance. Each Rollover Notice shall be irrevocable and effective upon notification thereof to Administrative Agent. If the required Rollover Notice shall not have been timely received by Administrative Agent prior to the expiration of the then-relevant Interest Period, then Company shall be deemed to have elected to have such Borrowing be a Floating Base Borrowing. With respect to any Floating Base Borrowing, Company shall have the right, on any Business Day or Eurodollar Business Day as the case may be (a "Conversion Date") to convert such Floating Base Borrowing to a Eurodollar Borrowing or to a CD Borrowing, by giving Administrative Agent a Rollover Notice of such selection at least two (2) Business Days or Eurodollar Business Days, as the case may be, prior to such Conversion Date. Notwithstanding anything to the contrary contained hereinin this Section 3.4, Company (i) each Eurodollar Borrowing with respect to the Term Loans shall have be in a minimum amount of $1,000,000.00 or a greater integral multiple of $100,000.00, (ii) no right more than five (5) Interest Periods shall be in effect at any one time with respect to Eurodollar Borrowings, and (iii) Borrower may not request a Eurodollar Borrowing or CD Borrowing if the interest rate applicable thereto under Section 2.03 hereof 3.3 would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such Eurodollar Borrowing or CD Borrowing, but may give notice of the rate that it would have selected, which notice shall be controlling for purposes of Section 3.7.

Selection of Interest Option. Upon making a Request for Borrowing ---------------------------- under Section 2.02(a) hereof, Company Borrowers shall advise Administrative Agent as to whether the Borrowing shall be (i) a Eurodollar Borrowing, in which case Company shall specify the applicable Interest Period therefor, (ii) a CD Borrowing, in which case Company Borrowers shall specify the applicable Interest Period therefor, or (iiiii) a Floating Base Borrowing. At least two three (23) Eurodollar Business Days or Eurodollar Business Days, as the case may be, prior to the termination of each Interest Period with respect to a Eurodollar Borrowing or a CD Borrowing (whether such termination occurs before or after the Maturity Date) Company Borrowing, Borrowers shall give Administrative Agent written notice (the "Rollover Notice") of the interest option which shall be applicable to such Borrowing upon the expiration of such Interest Period. If Company Borrowers shall specify that such Borrowing shall be a Eurodollar Borrowing or a CD Borrowing, such Rollover Notice shall also specify the length of the succeeding Interest Period selected by Company Borrowers with respect to such AdvanceBorrowing. Each Rollover Notice shall be irrevocable and effective upon notification thereof to Administrative Agent. If the required Rollover Notice shall not have been timely received by Administrative Agent prior to the expiration of the then-then relevant Interest Period, then Company Borrowers shall be deemed to have elected to have such Borrowing be a Floating Base Borrowing. With respect to any Floating Base Borrowing, Company Borrowers shall have the right, on any Business Day or Eurodollar Business Day as the case may be (a "Conversion Date") to convert such Floating Base Borrowing to a Eurodollar Borrowing or to a CD Borrowing, by giving Administrative Agent a Rollover Notice of such selection at least two three (23) Eurodollar Business Days or Eurodollar Business Days, as the case may be, prior to such Conversion Date. Notwithstanding anything to the contrary contained herein, Company Borrowers shall have no right to request a Eurodollar Borrowing if (1) an Event of Default has occurred and is continuing or CD Borrowing if (2) the interest rate applicable thereto under Section 2.03 hereof would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such Eurodollar Borrowing Borrowing. Each Rollover Notice shall be irrevocable and binding upon Borrowers, and in respect of the Borrowing, conversion or CD Borrowingextension specified in such Rollover Notice, Borrowers shall indemnify and hold harmless each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to convert or extend as specified in such Rollover Notice, including without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds required by any Bank to fund, convert or extend the Advance specified in such Rollover Notice.

Selection of Interest Option. Upon making a Request for Borrowing ---------------------------- under Section 2.02(a) hereof, Company Borrower shall advise Administrative Agent as to whether the Borrowing shall be (i) a Eurodollar Borrowing, in which case Company Borrower shall specify the applicable Interest Period therefor, or (ii) a CD Borrowing, in which case Company the Borrower shall specify the applicable Interest Period therefor, or (iii) a Floating Base Borrowing. At least two (2) Eurodollar Business Days or Eurodollar Business Days, as the case may be, prior to the termination of each Interest Period with respect to a Eurodollar Borrowing or and at least one (1) Business Day prior to the termination of each Interest Period with respect to a CD Borrowing Advance, (whether unless such termination occurs before or after on the Maturity Termination Date) Company Borrower shall give Administrative Agent written notice (the "Rollover Notice") of the interest option which shall be applicable to such Borrowing upon the expiration of such Interest Period. If Company Borrower shall specify that such Borrowing shall be a Eurodollar Borrowing or a CD Borrowing, such Rollover Notice shall also specify the length of the succeeding Interest Period selected by Company Borrower with respect to such AdvanceBorrowing. Each Rollover Notice shall be irrevocable and effective upon notification thereof to Administrative Agent. If the required Rollover Notice shall not have been timely received by Administrative Agent prior to the expiration of the then-relevant Interest Period, then Company Borrower shall be deemed to have elected to have such Borrowing be a Floating Base Borrowing. With respect to any Floating Base Borrowing, Company Borrower shall have the right, on any Business Day or Eurodollar Business Day Day, as the case may be (a "Conversion Date") to convert such Floating Base Borrowing to a Eurodollar Borrowing or to a CD Borrowing, Borrowing by giving Administrative Agent a Rollover Notice of such selection at least two (2) Eurodollar Business Days or (with respect to a Eurodollar Borrowing) and at least one (1) Business Days, as the case may beDay (with respect to a CD Borrowing), prior to such Conversion Date. Notwithstanding anything to the contrary contained herein, Company Borrower shall have no right to request a Eurodollar Borrowing or a CD Borrowing if the interest rate applicable thereto under Section 2.03 3.02 hereof would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such Eurodollar Borrowing or CD Borrowing.

Selection of Interest Option. (i) Subject to the provisions of this Note, Maker shall have the option to designate that all or any portion of the unpaid principal balance of this Note shall bear RENEWAL PROMISSORY NOTE 4 interest at (A) the Base Rate plus the Applicable Margin, or (B) the Adjusted Eurodollar Rate plus the Applicable Margin: (ii) Upon making a Request for Notice of Borrowing ---------------------------- under Section 2.02(a) hereofthe Loan Agreement, Company Maker shall advise Administrative Agent Payee as to whether an advance under the Borrowing Loan Agreement shall be (iA) a Eurodollar Borrowing, in which case Company shall specify the applicable Interest Period therefor, (ii) a CD Borrowing, in which case Company Maker shall specify the applicable Interest Period therefor, or (iiiB) a Floating Base Rate Borrowing. At Maker shall give Payee a Notice of Borrowing on or before 10:00 a.m. (Dallas, Texas time) on the day of each Base Rate Borrowing and on or before 10:00 a.m. (Dallas, Texas time) at least two (2) Business Days or prior to each Eurodollar Borrowing. (iii) Prior to 10:00 a.m. (Dallas, Texas time) at least two (2) Business Days, as the case may be, Days prior to the termination of each Interest Period with respect to a Eurodollar Borrowing or a CD Borrowing (whether such termination occurs before or after the Maturity Date) Company Borrowing, Maker shall give Administrative Agent written notice (the "Rollover Notice") Payee a Notice of Borrowing specifying the interest option which shall be applicable to such Borrowing upon the expiration of such Interest Period. Such Notice of Borrowing shall either be in writing, by telecopy (immediately followed by written notice), or by telephone (immediately followed by written notice). If Company Maker shall specify that such Borrowing shall be a Eurodollar Borrowing or a CD Borrowing, then such Rollover Notice of Borrowing shall also specify the length of the succeeding Interest Period selected by Company Maker with respect to such Advance. Each Rollover Notice shall be irrevocable and effective upon notification thereof to Administrative AgentBorrowing. If the required Rollover Notice of Borrowing shall not have been timely received by Administrative Agent Payee prior to the expiration of the then-relevant Interest Period, then Company Maker shall be deemed to have elected to have such Borrowing be a Floating Base Rate Borrowing. . (iv) With respect to any Floating Base Rate Borrowing, Company Maker shall have the right, on any Business Day or Eurodollar Business Day Day, as the case may be (a "Conversion DateCONVERSION DATE") ), to convert such Floating Base Rate Borrowing to a Eurodollar Borrowing or to a CD Borrowing, by giving Administrative Agent Payee a Rollover Notice of Borrowing of such selection at least two (2) Business Days or Eurodollar Business Days, as the case may be, prior to such Conversion Date. . (v) Notwithstanding anything to the contrary contained herein, Company (A) no more than three (3) Interest Periods shall be in effect at any one time with respect to Eurodollar Borrowings, (B) Maker shall have no right to request a Eurodollar Borrowing or CD Borrowing if the interest rate Interest Rate applicable thereto under Section 2.03 hereof would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such Borrowing, and (C) each Eurodollar Borrowing shall be in an amount of $500,000.00 or CD a greater integral multiple of $100,000.00. (vi) Each Notice of Borrowing shall be irrevocable and binding on Maker and, in respect of any Eurodollar Borrowing specified in such Notice of Borrowing, Maker shall indemnify Payee against any loss, cost or expense incurred or suffered by Payee as a result of (A) any failure to fulfill, on or before the date specified for such Borrowing, any condition to such Borrowing set forth in the Loan Agreement, or (B) Maker's requesting that an Borrowing not be made on the date specified for such Borrowing in the Notice of Borrowing. A certificate of Payee establishing the amount RENEWAL PROMISSORY NOTE 5 due from Maker according to the preceding sentence, together with a description in reasonable detail of the manner in which such amount has been calculated, shall be conclusive in the absence of manifest error.

Selection of Interest Option. Upon making a Request for Borrowing ---------------------------- under Section 2.02(a) hereof, Company shall advise Administrative Agent as to whether the Borrowing shall be (i) a Eurodollar Borrowing, in which case Company shall specify the applicable Interest Period therefor, or (ii) a CD Borrowing, in which case Company shall specify the applicable Interest Period therefor, or (iii) a Floating Base Borrowing. At least two (2) Eurodollar Business Days or Eurodollar Business Days, as the case may be, prior to the termination of each Interest Period with respect to a Eurodollar Borrowing or a CD Borrowing (whether such termination occurs before or after the Maturity Date) Company shall give Administrative Agent written notice (the "Rollover Notice") of the interest option which shall be applicable to such Borrowing upon the expiration of such Interest Period. If Company shall specify that such Borrowing shall be a Eurodollar Borrowing or a CD Borrowing, such Rollover Notice shall also specify the length of the succeeding Interest Period selected by Company with respect to such Advance. Each Rollover Notice shall be irrevocable and effective upon notification thereof to Administrative Agent. If the required Rollover Notice shall not have been timely received by Administrative Agent prior to the expiration of the then-relevant Interest Period, then Company shall be deemed to have elected to have such Borrowing be a Floating Base Borrowing. With respect to any Floating Base Borrowing, Company shall have the right, on any Business Day or Eurodollar Business Day as the case may be (a "Conversion Date") to convert such Floating Base Borrowing to a Eurodollar Borrowing or to a CD Borrowing, by giving Administrative Agent a Rollover Notice of such selection at least two (2) Eurodollar Business Days or Eurodollar Business Days, as the case may be, prior to such Conversion Date. Notwithstanding anything to the contrary contained herein, Company shall have no right to request a Eurodollar Borrowing or CD Borrowing if the interest rate applicable thereto under Section 2.03 hereof would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such Eurodollar Borrowing or CD Borrowing.

Selection of Interest Option. Upon making a Request for Borrowing ---------------------------- under Section 2.02(a(a) hereofWhen Borrower requests any Eurodollar Borrowing, Company Borrower shall advise Administrative Agent as elect the applicable interest period (each an "INTEREST PERIOD"), which may be, at Borrower's option, one (1), two (2), or three (3) months during the period of time from the date hereof to whether the Borrowing shall be Scheduled Maturity Date, and one (1), two (2), three (3), or six (6) months during the period of time from the Scheduled Maturity Date to the Extended Maturity Date, if applicable, subject to the following conditions: (i) each Interest Period applicable to any Borrowing commences on the day on or after the day when the next preceding applicable Interest Period expires; (ii) if any Interest Period for a Eurodollar Borrowing begins on a day for which there exists no numerically corresponding Business Day in the calendar month at the end of the Interest Period ("ENDING CALENDAR MONTH"), then the Interest Period ends on the next succeeding Business Day of the Ending Calendar Month, unless there is no succeeding Business Day in the Ending Calendar Month in which case the Interest Period ends on the next preceding Business Day of the Ending Calendar Month; and (iii) no Interest Period for any portion of Term Loans may extend beyond the scheduled repayment date for that portion of the Term Loans. (b) Borrower may (i) on the last day of the applicable Interest Period (or at any other time, subject to payment of any Funding Loss) convert all or part of a Eurodollar Borrowing to a Base Rate Borrowing, (ii) at any time convert all or part of a Base Rate Borrowing to a Eurodollar Borrowing, in which case Company and (iii) on the last day of an Interest Period, elect a new Interest Period for a Eurodollar Borrowing. Any such conversion may be accomplished by delivering a Conversion Request to Administrative Agent no later than 11:00 a.m. (A) on the third (3rd) Business Day before (x) the conversion date for conversion to a Eurodollar Borrowing, and (y) the last day of the Interest Period, for the election of a new Interest Period, and (B) one (1) Business Day before the last day of the Interest Period for conversion to a Base Rate Borrowing. Absent Borrower's notice of conversion or election of a new Interest Period, a Eurodollar Borrowing shall specify be converted to a Base Rate Borrowing when the applicable Interest Period therefor, expires. (iic) a CD Borrowing, in which case Company shall specify the applicable Interest Period therefor, or (iii) a Floating Base Borrowing. At least two (2) Business Days or Eurodollar Business Days, as the case may be, prior to the termination of each Interest Period with respect to a Eurodollar Borrowing or a CD Borrowing (whether such termination occurs before or after the Maturity Date) Company shall give Administrative Agent written notice (the "Rollover Notice") of the interest option which shall be applicable to such Borrowing upon the expiration of such Interest Period. If Company shall specify that such Borrowing shall be a Eurodollar Borrowing or a CD Borrowing, such Rollover Notice shall also specify the length of the succeeding Interest Period selected by Company with respect to such Advance. Each Rollover Notice shall be irrevocable and effective upon notification thereof to Administrative Agent. If the required Rollover Notice shall not have been timely received by Administrative Agent prior to the expiration of the then-relevant Interest Period, then Company shall be deemed to have elected to have such Borrowing be a Floating Base Borrowing. With respect to any Floating Base Borrowing, Company shall have the right, on any Business Day or Eurodollar Business Day as the case may be (a "Conversion Date") to convert such Floating Base Borrowing to a Eurodollar Borrowing or to a CD Borrowing, by giving Administrative Agent a Rollover Notice of such selection at least two (2) Business Days or Eurodollar Business Days, as the case may be, prior to such Conversion Date. Notwithstanding anything to the contrary contained hereinin this SECTION 3.4, Company (i) each Eurodollar Borrowing with respect to the Term Loans shall have be in a minimum amount of $1,000,000.00 or a greater integral multiple of $100,000.00, (ii) no right more than five (5) Interest Periods shall be in effect at any one time with respect to Eurodollar Borrowings, and (iii) Borrower may not request a Eurodollar Borrowing or CD Borrowing if the interest rate applicable thereto under Section 2.03 hereof SECTION 3.3 would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such Eurodollar Borrowing or CD Borrowing, but may give notice of the rate that it would have selected, which notice shall be controlling for purposes of SECTION 3.

Selection of Interest Option. (i) Subject to the provisions of this Note, Maker shall have the option to designate that all or any portion of the unpaid principal balance of this Note shall bear interest at (A) the Base Rate PLUS the Applicable Margin, or (B) the Adjusted Eurodollar Rate PLUS the Applicable Margin; (ii) Upon making a Request for Notice of Borrowing ---------------------------- under Section 2.02(a) hereofthe Loan Agreement, Company Maker shall advise Administrative Agent Payee as to whether an advance under the Borrowing Loan Agreement shall be (iA) a Eurodollar Borrowing, in which case Company shall specify the applicable Interest Period therefor, (ii) a CD Borrowing, in which case Company Maker shall specify the applicable Interest Period therefor, or (iiiB) a Floating Base Rate Borrowing. At Maker shall give Payee a Notice of Borrowing on or before 10:00 a.m. (Dallas, Texas time) on the day of each Base Rate Borrowing and on or before 10:00 a.m. (Dallas, Texas time) at least two (2) Business Days or prior to each Eurodollar Borrowing. (iii) Prior to 10:00 a.m. (Dallas, Texas time) at least two (2) Business Days, as the case may be, Days prior to the termination of each Interest Period with respect to a Eurodollar Borrowing or a CD Borrowing (whether such termination occurs before or after the Maturity Date) Company Borrowing, Maker shall give Administrative Agent written notice (the "Rollover Notice") Payee a Notice of Borrowing specifying the interest option which shall be applicable to such Borrowing upon the expiration of such Interest Period. Such Notice of Borrowing shall either be in writing, by telecopy (immediately followed by written notice), or by telephone (immediately followed by written notice). If Company Maker shall specify that such Borrowing shall be a Eurodollar Borrowing or a CD Borrowing, then such Rollover Notice of Borrowing shall also specify the length of the succeeding Interest Period selected by Company Maker with respect to such Advance. Each Rollover Notice shall be irrevocable and effective upon notification thereof to Administrative AgentBorrowing. If the required Rollover Notice of Borrowing shall not have been timely received by Administrative Agent Payee prior to the expiration of the then-relevant Interest Period, then Company Maker shall be deemed to have elected to have such Borrowing be a Floating Base Rate Borrowing. . (iv) With respect to any Floating Base Rate Borrowing, Company Maker shall have the right, on any Business Day or Eurodollar Business Day Day, as the case may be (a "Conversion DateCONVERSION DATE") ), to convert such Floating Base Rate Borrowing to a Eurodollar Borrowing or to a CD Borrowing, by giving Administrative Agent Payee a Rollover Notice of Borrowing of such selection at least two (2) Business Days or Eurodollar Business Days, as the case may be, prior to such Conversion Date. . (v) Notwithstanding anything to the contrary contained herein, Company (A) no more than three (3) Interest Periods shall be in effect at any one time with respect to Eurodollar Borrowings, (B) Maker shall have no right to request a Eurodollar Borrowing or CD Borrowing if the interest rate Interest Rate applicable thereto under Section 2.03 hereof would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such Borrowing, and (C) each Eurodollar Borrowing shall be in an amount of $500,000.00 or CD a greater integral multiple of $100,000.00. (vi) Each Notice of Borrowing shall be irrevocable and binding on Maker and, in respect of any Eurodollar Borrowing specified in such Notice of Borrowing, Maker shall indemnify Payee against any loss, cost or expense incurred or suffered by Payee as a result of (A) any failure to fulfill, on or before the date specified for such Borrowing, any condition to such Borrowing set forth in the Loan Agreement, or (B) Maker's requesting that an Borrowing not be made on the date specified for such Borrowing in the Notice of Borrowing. A certificate of Payee establishing the amount due from Maker according to the preceding sentence, together with a description in reasonable detail of the manner in which such amount has been calculated, shall be conclusive in the absence of manifest error.

Selection of Interest Option. Upon making a Request for Borrowing ---------------------------- under Section 2.02(a) hereof, Company Borrowers shall advise Administrative Agent as to whether the Borrowing shall be (i) a Eurodollar Borrowing, in which case Company shall specify the applicable Interest Period therefor, (ii) a CD Borrowing, in which case Company Borrowers shall specify the applicable Interest Period therefor, or (iiiii) a Floating Base Borrowing. At least two three (23) Eurodollar Business Days or Eurodollar Business Days, as the case may be, prior to the termination of each Interest Period with respect to a Eurodollar Borrowing or a CD Borrowing (whether such termination occurs before or after the Maturity Date) Company Borrowing, Borrowers shall give Administrative Agent written notice (the "Rollover Notice") of the interest option which shall be applicable to such Borrowing upon the expiration of such Interest Period. If Company Borrowers shall specify that such Borrowing shall be a Eurodollar Borrowing or a CD Borrowing, such Rollover Notice shall also specify the length of the succeeding Interest Period selected by Company Borrowers with respect to such AdvanceBorrowing. Each Rollover Notice shall be irrevocable and effective upon notification thereof to Administrative Agent. If the required Rollover Notice shall not have been timely received by Administrative Agent prior to the expiration of the then-then relevant Interest Period, then Company Borrowers shall be deemed to have elected to have such Borrowing be a Floating Base Borrowing. With respect to any Floating Base Borrowing, Company Borrowers shall have the right, on any Business Day or Eurodollar Business Day as the case may be (a "Conversion Date") to convert such Floating Base Borrowing to a Eurodollar Borrowing or to a CD Borrowing, by giving Administrative Agent a Rollover Notice of such selection at least two three (23) Eurodollar Business Days or Eurodollar Business Days, as the case may be, prior to such Conversion Date. Notwithstanding anything to the contrary contained herein, Company Borrowers shall have no right to request a Eurodollar Borrowing or CD Borrowing if (1) an Event of Default has occurred and is continuing, (2) the interest rate applicable thereto under Section 2.03 2.04 hereof would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such Eurodollar Borrowing Borrowing, or CD (3) either of the circumstances described in Section 4.01 exist. Each Rollover Notice shall be irrevocable and binding upon Borrowers, and in respect of the Borrowing, conversion or extension specified in such Rollover Notice, Borrowers shall indemnify and hold harmless each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to convert or extend as specified in such Rollover Notice, including without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds required by any Bank to fund, convert or extend the Advance specified in such Rollover Notice.

Selection of Interest Option. Upon making a Request for Borrowing ---------------------------- under Section 2.02(a) hereof, Company shall advise Administrative Agent as to whether the Borrowing shall be (i) a Eurodollar Borrowing, in which case Company shall specify the applicable Interest Period therefor, (ii) a CD Borrowing, in which case Company shall specify the applicable Interest Period therefor, or (iii) a Floating Base Borrowing. At least two (2) Business Days or Eurodollar Business Days, as the case may be, prior to the termination of each Interest Period with respect to a Eurodollar Borrowing or a CD Borrowing (whether such termination occurs before or after the Maturity Date) Company shall give Administrative Agent written notice (the "Rollover Notice") of the interest option which shall be applicable to such Borrowing upon the expiration of such Interest Period. If Company shall specify that such Borrowing shall be a Eurodollar Borrowing or a CD Borrowing, such Rollover Notice shall also specify the length of the succeeding Interest Period selected by Company with respect to such Advance. Each Rollover Notice shall be irrevocable and effective upon notification thereof to Administrative Agent. If the required Rollover Notice shall not have been timely received by Administrative Agent prior to the expiration of the then-relevant Interest Period, then Company shall be deemed to have elected to have such Borrowing be a Floating Base Borrowing. With respect to any Floating Base Borrowing, Company shall have the right, on any Business Day or Eurodollar Business Day as the case may be (a "Conversion Date") to convert such Floating Base Borrowing to a Eurodollar Borrowing or to a CD Borrowing, by giving Administrative Agent a Rollover Notice of such selection at least two (2) Business Days or Eurodollar Business Days, as the case may be, prior to such Conversion Date. Notwithstanding anything to the contrary contained herein, Company shall have no right to request a Eurodollar Borrowing or CD Borrowing if the interest rate applicable thereto under Section 2.03 hereof would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such Eurodollar Borrowing or CD Borrowing.

Selection of Interest Option. Upon making a Request for Borrowing ---------------------------- Advance under Section 2.02(a) hereof, Company shall advise Administrative Agent Bank as to whether the Borrowing Advance shall be (i) a Eurodollar Borrowing, in which case Company shall specify the applicable Interest Period therefor, (ii) a CD BorrowingAdvance, in which case Company shall specify the applicable Interest Period therefor, or (iiiii) a Floating Base BorrowingPrime Advance. At least two three (23) Eurodollar Business Days or Eurodollar Business Days, as the case may be, prior to the termination of each Interest Period with respect to a Eurodollar Borrowing or a CD Borrowing Advance (whether such termination occurs before or after the Maturity Termination Date) Company shall give Administrative Agent Bank written notice (the "Rollover Notice") of the interest option which shall be applicable to such Borrowing Advance to be rolled over upon the expiration of such Interest Period. If Company shall specify that such Borrowing Advance shall be a Eurodollar Borrowing or a CD BorrowingAdvance, such Rollover Notice shall also specify the length of the succeeding Interest Period selected by Company with respect to such Advance. Each Rollover Notice shall be irrevocable and effective upon notification thereof to Administrative AgentBank. If the required Rollover Notice shall not have been timely received by Administrative Agent Bank prior to the expiration of the then-then relevant Interest Period, then Company shall be deemed to have elected to have such Borrowing Advance be a Floating Base BorrowingPrime Advance. With respect to any Floating Base BorrowingPrime Advance, Company shall have the right, on any Business Day or Eurodollar Business Day as the case may be (a "Conversion Date") to convert such Floating Base Borrowing Prime Advance to a Eurodollar Borrowing or to a CD Borrowing, Advance by giving Administrative Agent Bank a Rollover Notice of such selection at least two three (23) Eurodollar Business Days or Eurodollar Business Days, as the case may be, prior to such Conversion DateDate if at such time twelve (12) months trailing EBITDA exceeds four million five hundred thousand dollars ($4,500,000). Notwithstanding anything to the contrary contained herein, Company shall have no right to request a Eurodollar Borrowing or CD Borrowing Advance if (a) the interest rate applicable thereto under Section 2.03 hereof would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such Eurodollar Borrowing Advance, (b) at such time twelve (12) months trailing EBITDA is equal to or CD Borrowingless than four million five hundred thousand dollars ($4,500,000), or (c) if an Event of Default has occurred and is continuing. Section 2.03 of the Loan Agreement is amended to read in its entirety as follows:

Selection of Interest Option. Upon Subject to Section 2.03(d), on making a proper Request for Borrowing ---------------------------- For Advance under Section 2.02(a) hereof2.03(a), the Company shall advise Administrative Agent as to whether the Borrowing Advance shall be (i) a Eurodollar BorrowingAdvance, in which case Company shall specify the applicable Interest Period therefor, (ii) a CD Borrowing, in which case Company shall specify the applicable Interest Period therefor, or (iiiii) a Floating Base BorrowingPrime Rate Advance. At By 10:00 a.m. (central standard time) at least two three (23) Business Days or Eurodollar Business Days, as the case may be, prior to before the termination of each Interest Period with respect to a an outstanding Eurodollar Borrowing or a CD Borrowing (whether such termination occurs before or after Advance, the Maturity Date) Company shall give Administrative Agent written notice (the "Rollover Notice") of the interest option which that shall be applicable to such Borrowing upon the that Advance on expiration of such the Interest Period. The Rollover Notice shall be given either in writing or by telephone, immediately followed by written notice. If the Company shall specify specifies that such Borrowing the Advance shall be a Eurodollar Borrowing or a CD BorrowingAdvance, such then the Rollover Notice shall also specify the length of the succeeding Interest Period selected by the Company with respect to such for the Advance, and if none is selected, the Interest Period shall be one (1) month. Each Rollover Notice shall be is irrevocable and effective upon on notification thereof to Administrative Agent. If the required Rollover Notice shall is not have been timely received by Administrative Agent prior to before the expiration of the then-relevant then‑relevant Interest Period, then Company shall be deemed to have elected to have such Borrowing that the Advance be a Floating Base BorrowingPrime Rate Advance. With respect to any Floating Base BorrowingPrime Rate Advance, Company shall have has the right, on any or Business Day or Eurodollar Business Day Day, as the case may be (a "Interest Rate Conversion Date") ), to convert such Floating Base Borrowing a Prime Rate Advance to a Eurodollar Borrowing or to a CD BorrowingAdvance, by giving Administrative Agent a Rollover Notice of such selection at least two three (23) Business Days or Eurodollar Business Days, as before the case may be, prior to such Interest Rate Conversion Date. Each conversion from a Prime Rate Advance to a Eurodollar Advance shall be in a minimum amount of $1,000,000. or any higher multiple of $500,000. Administrative Agent reserves the right to require that the Rollover Notice be given a greater time in advance of expiration of an Interest Period than is stated above, by notifying the Company in writing of the new advanced notice time period. AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT Notwithstanding anything to the contrary contained herein, the Company shall have no right to may not request a Eurodollar Borrowing or CD Borrowing Advance if the interest rate applicable thereto under Section 2.03 hereof 2.05 would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such the Advance, but may give notice of the rate that it would have selected, which notice shall be controlling for purposes of Section 4.05(c). Each Request For Advance is irrevocable and binding on the Company and, with respect to any Eurodollar Borrowing Advance specified in the Request For Advance, the Company shall indemnify Lenders against any Consequential Loss incurred by Lenders as a result of (i) any failure by the Company to fulfill, on or CD Borrowingbefore the date specified for the Advance, the conditions to the Advance set forth herein, or (ii) the Company's requesting that an Advance not be made on the date specified in the Request For Advance. A certificate of each Lender establishing the amount due from the Company according to the preceding sentence, together with a description in reasonable detail of the manner in which the amount has been computed, is conclusive in the absence of manifest error.

Selection of Interest Option. Upon making a Request for Revolving Borrowing ---------------------------- under Section 2.02(a) hereof, Company shall advise Administrative Agent as to whether the Borrowing shall be (i) a Eurodollar Borrowing, in which case Company shall specify the applicable Interest Period therefor, or (ii) a CD Borrowing, in which case Company shall specify the applicable Interest Period therefor, or (iii) a Floating Base Borrowing. At least two three (23) Eurodollar Business Days or Eurodollar Business Days, as the case may be, prior to the termination of each Interest Period with respect to a Eurodollar Borrowing or a CD Borrowing (whether such termination occurs before or after the Maturity Revolving Credit Termination Date) Company shall give Administrative Agent written notice (the "Rollover Notice") of the interest option which shall be applicable to such Borrowing upon the expiration of such Interest Period. If Company shall specify that such Borrowing shall be a Eurodollar Borrowing or a CD Borrowing, such Rollover Notice shall also specify the length of the succeeding Interest Period selected by Company with respect to such AdvanceBorrowing. Each Rollover Notice shall be irrevocable and effective upon notification thereof to Administrative Agent. If the required Rollover Notice shall not have been timely received by Administrative Agent prior to the expiration of the then-then relevant Interest Period, then Company Borrowers shall be deemed to have elected to have such Borrowing be a Floating Base Borrowing. With respect to any Floating Base Borrowing, Company Borrowers shall have the right, on any Business Day or Eurodollar Business Day as the case may be (a "Conversion Date") to convert such Floating Base Borrowing to a Eurodollar Borrowing or to a CD Borrowing, by giving Administrative Agent a Rollover Notice of such selection at least two three (23) Eurodollar Business Days or Eurodollar Business Days, as the case may be, prior to such Conversion Date. Notwithstanding anything to the contrary contained herein, Company shall have no right to request a Eurodollar Borrowing if (1) an Event of Default has occurred and is continuing or CD Borrowing if (2) the interest rate applicable thereto under Section 2.03 hereof would exceed the Maximum Rate in effect on the first day of the Interest Period applicable to such Eurodollar Borrowing or CD Borrowing.