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This excerpt taken from the CVS 8-K filed Mar 23, 2007. Notice
of Borrowing
Revolving Credit Loans and Swing Line Loans
The Borrower agrees
to notify the
Administrative Agent (and with respect to a Swing Line Loan, the Swing Line
Lender), which notification shall be irrevocable, no later than (a) 12:00 Noon
on the proposed Borrowing Date in the case of Swing Line Loans, (b) 10:00 A.M.
on the proposed Borrowing Date in the case of Revolving Credit Loans to consist
of ABR Advances and (c) 10:00 A.M. at least two Eurodollar Business Days prior
to the proposed Borrowing Date in the case of Revolving Credit Loans to consist
of Eurodollar Advances. Each such notice shall specify (i) the aggregate amount
requested to be borrowed under the Commitments or the Swing Line Commitment,
(ii) the proposed Borrowing Date, (iii) whether a borrowing of Revolving Credit
Loans is to be of ABR Advances or Eurodollar Advances, and the amount of each
thereof (iv) the Eurodollar Interest Period for such Eurodollar Advances and
(v)
20 the Swing Line
Interest
Period for, and the amount of, each Swing Line Loan. Each such notice shall
be
promptly confirmed by delivery to the Administrative Agent (and, with respect
to
a Swing Line Loan, the Swing Line Lender) of a Borrowing Request. Each
Eurodollar Advance to be made on a Borrowing Date, when aggregated with all
amounts to be Converted to Eurodollar Advances on such date and having the
same
Interest Period as such Eurodollar Advance, shall equal no less than
$10,000,000, or an integral multiple of $1,000,000 in excess thereof. Each
ABR
Advance made on each Borrowing Date shall equal no less than $5,000,000 or
an
integral multiple of $500,000 in excess thereof. Each Swing Line Loan made
on
each Borrowing Date shall equal no less than $1,000,000 or an integral multiple
of $500,000 in excess thereof. The Administrative Agent shall promptly notify
each Lender (by telephone or otherwise, such notification to be confirmed by
fax
or other writing) of each such Borrowing Request. Subject to its receipt of
each
such notice from the Administrative Agent and subject to the terms and
conditions hereof, (A) each Lender shall make immediately available funds
available to the Administrative Agent at the address therefor set forth in
Section 11.2 not later than 1:00 P.M. on each Borrowing Date in an amount equal
to such Lender’s Commitment Percentage of the Revolving Credit Loans requested
by the Borrower on such Borrowing Date and/or (B) the Swing Line Lender shall
make immediately available funds available to the Borrower on such Borrowing
Date in an amount equal to the Swing Line Loan requested by the
Borrower.
2.4 |
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