Common use of The Uncommitted Advances Clause in Contracts

The Uncommitted Advances. (a) Each Bank severally agrees that any Borrower may make Uncommitted Borrowings in Dollars from time to time on any Business Day during the period from the date hereof until 30 days before the Termination Date in the manner set forth below; provided that, following the making of each Uncommitted Borrowing, the aggregate amount with respect to all Borrowers of the Advances then outstanding shall not exceed the aggregate amount of the Commitments of the Banks. (i) A Borrower may request, and the Company may request for the benefit of any Borrowing Subsidiary, an Uncommitted Borrowing to be made by such Borrower under this Section 2.03 by delivering to the Administrative Agent, by telecopier not later than the applicable Request Deadline a notice of an Uncommitted Borrowing (a "Notice of Uncommitted Borrowing"), in substantially the form of Exhibit E-2 hereto, specifying therein (A) the requested date of the proposed Uncommitted Borrowing, (B) the aggregate amount of the proposed Uncommitted Borrowing, (C) that each Bank submitting an offer shall quote an Uncommitted Borrowing Margin, or that each Bank submitting an offer shall quote a fixed interest rate per annum without reference to the Eurocurrency Rate, (D) maturity date for repayment of each Uncommitted Advance to be made as part of such Uncommitted Borrowing (which maturity date may not be earlier than seven (7) days, or later than 180 days after the date of the proposed Uncommitted Borrowing or later than the Termination Date) and whether such Uncommitted Advance may be prepaid, and if so, whether with or without penalty, (E) interest payment date or dates relating thereto, (F) Borrower and (G) other material terms to be applicable to such Uncommitted Borrowing. The Administrative Agent shall promptly notify each Bank of its receipt of each such Notice of Uncommitted Borrowing by sending each Bank a copy thereof. "Request Deadline" means (x) in the case of a Fixed Rate Uncommitted Borrowing, 4:00 P.M. (Chicago time) on the Business Day prior to the date of such proposed Uncommitted Borrowing and (y) in the case of a Eurocurrency Rate Uncommitted Borrowing, 4:00 P.M. (Chicago time) four (4) Business Days prior to the date of such proposed Uncommitted Borrowing.

The Uncommitted Advances. (a) Each Bank severally agrees ------------------------ that any Borrower may make Uncommitted Borrowings in Dollars from time to time on any Business Day during the period from the date hereof until 30 days before the Termination Date in the manner set forth below; provided that, following the -------- making of each Uncommitted Borrowing, the aggregate amount with respect to all Borrowers of the Advances then outstanding shall not exceed the aggregate amount of the Commitments of the Banks. (i) A Borrower may request, and the Company may request for the benefit of any Borrowing Subsidiary, an Uncommitted Borrowing to be made by such Borrower under this Section 2.03 by delivering to the Administrative ------------ Agent, by telecopier not later than the applicable Request Deadline a notice of an Uncommitted Borrowing (a "Notice of Uncommitted Borrowing"), in substantially the form of Exhibit E-2 hereto, specifying therein (A) the ----------- requested date of the proposed Uncommitted Borrowing, (B) the aggregate amount of the proposed Uncommitted Borrowing, (C) that each Bank submitting an offer shall quote an Uncommitted Borrowing Margin, or that each Bank submitting an offer shall quote a fixed interest rate per annum without reference to the Eurocurrency Rate, (D) maturity date for repayment of each Uncommitted Advance to be made as part of such Uncommitted Borrowing (which maturity date may not be earlier than seven (7) days, or later than 180 days after the date of the proposed Uncommitted Borrowing or later than the Termination Date) and whether such Uncommitted Advance may be prepaid, and if so, whether with or without penalty, (E) interest payment date or dates relating thereto, (F) Borrower and (G) other material terms to be applicable to such Uncommitted Borrowing. The Administrative Agent shall promptly notify each Bank of its receipt of each such Notice of Uncommitted Borrowing by sending each Bank a copy thereof. "Request Deadline" means ---------------- (x) in the case of a Fixed Rate Uncommitted Borrowing, 4:00 P.M. (Chicago time) on the Business Day prior to the date of such proposed Uncommitted Borrowing and (y) in the case of a Eurocurrency Rate Uncommitted Borrowing, 4:00 P.M. (Chicago time) four (4) Business Days prior to the date of such proposed Uncommitted Borrowing.

The Uncommitted Advances. (a) Each Bank severally agrees that any Borrower may make Uncommitted Borrowings in Dollars from time to time on any Business Day during the period from the date hereof until 30 days before the Termination Date in the manner set forth below; provided that, following the making of each Uncommitted Borrowing, the aggregate amount with respect to all Borrowers of the Advances then outstanding shall not exceed the aggregate amount of the Commitments of the Banks. (i) A Borrower may request, and the Company may request for the benefit of any Borrowing Subsidiary, an Uncommitted Borrowing to be made by such Borrower under this Section 2.03 by delivering to the Administrative Agent, by telecopier not later than the applicable Request Deadline a notice of an Uncommitted Borrowing (a "Notice of Uncommitted Borrowing"), in substantially the form of Exhibit E-2 D-2 hereto, specifying therein (A) the requested date of the proposed Uncommitted Borrowing, (B) the aggregate amount of the proposed Uncommitted Borrowing, (C) that each Bank submitting an offer shall quote an Uncommitted Borrowing Margin, or that each Bank submitting an offer shall quote a fixed interest rate per annum without reference to the Eurocurrency Rate, (D) the maturity date for repayment of each Uncommitted Advance to be made as part of such Uncommitted Borrowing (which maturity date may not be earlier than seven one (71) daysday, or later than 180 270 days after the date of the proposed Uncommitted Borrowing or later than the Termination DateDate in the case of a Fixed Rate Uncommitted Borrowing, and which shall be one, two, three or six months, subject to the limitations set forth in the definition of "Interest Period" in the case of a Eurocurrency Rate Uncommitted Borrowing) and whether such Uncommitted Advance may be prepaid, and if so, whether with or without penalty, (E) the interest payment date or dates relating thereto, (F) the Borrower and (G) other material terms to be applicable to such Uncommitted Borrowing. The Administrative Agent shall promptly notify each Bank of its receipt of each such Notice of Uncommitted Borrowing by sending each Bank a copy thereof. "Request Deadline" means (x) in the case of a Fixed Rate Uncommitted Borrowing, 4:00 P.M. (Chicago time) on the Business Day prior to the date of such proposed Uncommitted Borrowing and (y) in the case of a Eurocurrency Rate Uncommitted Borrowing, 4:00 P.M. (Chicago time) four (4) Business Days prior to the date of such proposed Uncommitted Borrowing.

The Uncommitted Advances. (a) Each Bank severally agrees that any Borrower may make Uncommitted Borrowings in Dollars from time to time on any Business Day during the period from the date hereof until 30 days before the Termination Date in the manner set forth below; provided that, following the making of each Uncommitted Borrowing, the aggregate amount with respect to all Borrowers of the Advances then outstanding shall not exceed the aggregate amount of the Commitments of the Banks. (i) A Borrower may request, and the Company may request for the benefit of any Borrowing Subsidiary, an Uncommitted Borrowing to be made by such Borrower under this Section 2.03 by delivering to the Administrative Agent, by telecopier not later than the applicable Request Deadline a notice of an Uncommitted Borrowing (a "Notice of Uncommitted Borrowing"), in substantially the form of Exhibit E-2 D-2 hereto, specifying therein (A) the requested date of the proposed Uncommitted Borrowing, (B) the aggregate amount of the proposed Uncommitted Borrowing, (C) that each Bank submitting an offer shall quote an Uncommitted Borrowing Margin, or that each Bank submitting an offer shall quote a fixed interest rate per annum without reference to the Eurocurrency Rate, (D) maturity date for repayment of each Uncommitted Advance to be made as part of such Uncommitted Borrowing (which maturity date may not be earlier than seven one (71) daysday, or later than 180 270 days after the date of the proposed Uncommitted Borrowing or later than the Termination DateDate in the case of a Fixed Rate Uncommitted Borrowing, and which shall be one, two, three or six months, subject to the limitations set forth in the definition of "Interest Period" in the case of a Eurocurrency Rate Uncommitted Borrowing) and whether such Uncommitted Advance may be prepaid, and if so, whether with or without penalty, (E) interest payment date or dates relating thereto, (F) Borrower and (G) other material terms to be applicable to such Uncommitted Borrowing. The Administrative Agent shall promptly notify each Bank of its receipt of each such Notice of Uncommitted Borrowing by sending each Bank a copy thereof. "Request Deadline" means (x) in the case of a Fixed Rate Uncommitted Borrowing, 4:00 P.M. (Chicago time) on the Business Day prior to the date of such proposed Uncommitted Borrowing and (y) in the case of a Eurocurrency Rate Uncommitted Borrowing, 4:00 P.M. (Chicago time) four (4) Business Days prior to the date of such proposed Uncommitted Borrowing.

The Uncommitted Advances. (a) Each Bank severally agrees that any Borrower may make Uncommitted Borrowings in Dollars from time to time on any Business Day during the period from the date hereof until 30 days before the Termination Date in the manner set forth below; provided that, following the making of each Uncommitted Borrowing, the aggregate amount with respect to all Borrowers of the Advances then outstanding shall not exceed the aggregate amount of the Commitments of the Banks. (i) A Borrower may request, and the Company may request for the benefit of any Borrowing Subsidiary, an Uncommitted Borrowing to be made by such Borrower under this Section 2.03 by delivering to the Administrative Agent, by telecopier not later than the applicable Request Deadline a notice of an Uncommitted Borrowing (a "Notice of Uncommitted Borrowing"), in substantially the form of Exhibit E-2 D-2 hereto, specifying therein (A) the requested date of the proposed Uncommitted Borrowing, (B) the aggregate amount of the proposed Uncommitted Borrowing, (C) that each Bank submitting an offer shall quote an Uncommitted Borrowing Margin, or that each Bank submitting an offer shall quote a fixed interest rate per annum without reference to the Eurocurrency Rate, (D) maturity date for repayment of each Uncommitted Advance to be made as part of such Uncommitted Borrowing (which maturity date may not be earlier than seven one (71) daysday, or later than 180 270 days after the date of the proposed Uncommitted Borrowing or later than the Termination Date) and whether such Uncommitted Advance may be prepaid, and if so, whether with or without penalty, (E) interest payment date or dates relating thereto, (F) Borrower and (G) other material terms to be applicable to such Uncommitted Borrowing. The Administrative Agent shall promptly notify each Bank of its receipt of each such Notice of Uncommitted Borrowing by sending each Bank a copy thereof. "Request Deadline" means (x) Date in the case of a Fixed Rate Uncommitted Borrowing, 4:00 P.M. (Chicago time) on the Business Day prior to the date of such proposed Uncommitted Borrowing and (y) in the case of a Eurocurrency Rate Uncommitted Borrowing, 4:00 P.M. (Chicago time) four (4) Business Days prior to the date of such proposed Uncommitted Borrowing.Uncommitted

The Uncommitted Advances. (a) Each Bank severally agrees ------------------------ that any Borrower may make Uncommitted Borrowings in Dollars from time to time on any Business Day during the period from the date hereof until 30 days before the Termination Date in the manner set forth below; provided that, following the -------- making of each Uncommitted Borrowing, the aggregate amount with respect to all Borrowers of the Advances then outstanding shall not exceed the aggregate amount of the Commitments of the Banks. (i) A Borrower may request, and the Company may request for the benefit of any Borrowing Subsidiary, an Uncommitted Borrowing to be made by such Borrower under this Section 2.03 by delivering to the Administrative ------------ Agent, by telecopier not later than the applicable Request Deadline a notice of an Uncommitted Borrowing (a "Notice of Uncommitted Borrowing"), in substantially the form of Exhibit E-2 hereto, specifying therein (A) the ----------- requested date of the proposed Uncommitted Borrowing, (B) the aggregate amount of the proposed Uncommitted Borrowing, (C) that each Bank submitting an offer shall quote an Uncommitted Borrowing Margin, or that each Bank submitting an offer shall quote a fixed interest rate per annum without reference to the Eurocurrency Rate, (D) maturity date for repayment of each Uncommitted Advance to be made as part of such Uncommitted Borrowing (which maturity date may not be earlier than seven (7) days, or later than 180 days after the date of the proposed Uncommitted Borrowing or later than the Termination Date) and whether such Uncommitted Advance may be prepaid, and if so, whether with or without penalty, (E) interest payment date or dates relating thereto, (F) Borrower and (G) other material terms to be applicable to such Uncommitted Borrowing. The Administrative Agent shall promptly notify each Bank of its receipt of each such Notice of Uncommitted Borrowing by sending each Bank a copy thereof. "Request Deadline" ---------------- means (x) in the case of a Fixed Rate Uncommitted Borrowing, 4:00 P.M. (Chicago time) on the Business Day prior to the date of such proposed Uncommitted Borrowing and (y) in the case of a Eurocurrency Rate Uncommitted Borrowing, 4:00 P.M. (Chicago time) four (4) Business Days prior to the date of such proposed Uncommitted Borrowing. (ii) Each Bank shall, if, in its sole discretion, it elects to do so, irrevocably offer to make one or more Uncommitted Advances to such Borrower as part of such proposed Uncommitted Borrowing at a rate or rates of interest specified by such Bank, in its sole discretion, by notifying the Administrative Agent not later than the applicable Quote Deadline of the minimum amount (if any) and maximum amount of each Uncommitted Advance which such Bank would be willing to make as part of such proposed Uncommitted Borrowing (which amounts may, subject to the proviso to the first sentence of this Section 2.03(a), exceed such Bank's Commitment, if --------------- any), the Uncommitted Borrowing Margin or Margins to be applied in the determination of the rate or rates of interest therefor (or, if the Notice of Uncommitted Borrowing shall have requested that fixed rates per annum be quoted, the fixed rate or rates per annum therefor) and such Bank's Applicable Lending Office with respect to such Uncommitted Advance. If any Bank shall elect not to make such an offer, such Bank shall so notify the Administrative Agent before the applicable Quote Deadline, and such Bank shall not be obligated to, and shall not, make any Uncommitted Advance as part of such Uncommitted Borrowing; provided that the failure by any Bank -------- to give such notice shall not cause such Bank to be obligated to make any Uncommitted Advance as part of such proposed Uncommitted Borrowing. The Administrative Agent shall promptly notify the Company and, if applicable, the applicable Borrowing Subsidiary of each Bank's response