This excerpt taken from the WEN 8-K filed Jan 16, 2009.
Borrowing Notice”), substantially in the form of Exhibit I, not
later than 12:00 noon (New York, New York time) on the Borrowing Date of each Floating Rate Advance and three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying:
2.8.1 the Borrowing Date of such Advance, which shall be a Business Day;
2.8.2 the aggregate amount of such Advance;
2.8.3 the Type of Advance selected; and
2.8.4 in the case of each Eurodollar Advance, the Interest Period applicable thereto.
Not later than 2:00 p.m. (New York, New York time) on each Borrowing Date, each Lender shall make available its Loan or Loans in funds immediately available in New York to the Agent at its address specified pursuant to ARTICLE IX. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid address.
2.9. Conversion and Continuation of Outstanding Advances. Floating Rate Advances shall continue as Floating Rate Advances unless and until such Floating Rate Advances are converted into Eurodollar Advances pursuant to this Section 2.9 or are repaid in accordance with Section 2.7. Each Eurodollar Advance shall continue as a Eurodollar Advance until the end of the then applicable Interest Period therefor, at which time such Eurodollar Advance shall be automatically converted into a Floating Rate Advance unless (x) such Eurodollar Advance is or was repaid in accordance with Section 2.7 or (y) the Borrower shall have given the Agent a Conversion/Continuation Notice (as defined below) requesting that, at the end of such Interest Period, such Eurodollar Advance continue as a Eurodollar Advance for the same or another Interest Period. Subject to the terms of Section 2.6 and the first sentence of Section 2.12, the Borrower may elect from time to time to convert all or any part of a Floating Rate Advance into a Eurodollar Advance; provided that any automatic conversion of a Eurodollar Advance shall only be made on the last day of the Interest Period applicable thereto. The Borrower shall give the Agent irrevocable notice (a “