Sunoco 2013 Annual Report Download - page 189

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deemed a representation, warranty, acknowledgment and agreement by the Borrower as to the
matters which are required to be set out in such written confirmation. Upon receipt of any such
Loan Notice requesting Revolving Credit Loans, the Administrative Agent shall give each Lender
prompt notice of the terms thereof. Upon receipt of any such Loan Notice requesting Swingline
Loans, the Administrative Agent shall give the Swingline Lender prompt notice of the terms thereof.
In the case of Revolving Credit Loans, if all conditions precedent to such new Loans have been
met, each Lender will on the date requested promptly, and in no event later than 2:00 p.m., remit
to the Administrative Agent, to the account designated by the Administrative Agent, the amount of
such Lender’s Loan in immediately available funds, and upon receipt of such funds, unless to its
actual knowledge any conditions precedent to such Loans have been neither met nor waived as
provided herein, the Administrative Agent shall promptly make such Loans available to the
Borrower. In the case of Swingline Loans, unless the Swingline Lender has received notice from
the Administrative Agent (including at the request of any Lender) that any condition precedent to
such new Loans has not been met, the Swingline Lender will on the date requested promptly make
the amount of its Swingline Loan available to the Borrower by crediting the account of the Borrower
on the books of the Swingline Lender the amount of such Swingline Loan in immediately available
funds. Revolving Credit Loans to be made for the purpose of refunding Swingline Loans shall be
made by the Lenders as provided in Section 2.02(b).
2.04 Continuations and Conversions of Existing Loans.
The Borrower may make the following elections with respect to Revolving Credit Loans
already outstanding: to Convert, in whole or in part, Base Rate Loans to Eurodollar Loans, to
Convert, in whole or in part, Eurodollar Loans to Base Rate Loans on the last day of the Interest
Period applicable thereto, and to Continue, in whole or in part, Eurodollar Loans beyond the
expiration of such Interest Period by designating a new Interest Period to take effect at the time of
such expiration. In making such elections, the Borrower may combine existing Revolving Credit
Loans made pursuant to separate Borrowings into one new Borrowing or divide existing Revolving
Credit Loans made pursuant to one Borrowing into separate new Borrowings, provided, that (i) the
Borrower may have no more than twelve (12) Borrowings of Eurodollar Loans outstanding at any
time, (ii) the aggregate amount of all Base Rate Loans in any Borrowing must be equal to $1,000,000
or any higher integral multiple of $500,000, and (iii) the aggregate amount of all Eurodollar Loans
in any Borrowing must be equal to $5,000,000 or any higher integral multiple of $1,000,000. To
make any such election, the Borrower must give to the Administrative Agent written notice (or
telephonic notice promptly confirmed in writing) of any such Conversion or Continuation of existing
Loans, with a separate notice given for each new Borrowing. Each such notice must:
(a) specify the existing Loans which are to be Continued or Converted;
(b) specify (i) the aggregate amount of any Borrowing of Base Rate Loans into which
such existing Loans are to be Continued or Converted and the date on which such Continuation or
Conversion is to occur, or (ii) the aggregate amount of any Borrowing of Eurodollar Loans into
which such existing Loans are to be Continued or Converted, the date on which such Continuation
or Conversion is to occur (which shall be the first day of the Interest Period which is to apply to
such Eurodollar Loans), and the length of the applicable Interest Period; and