Common use of Borrowings to Repay Swing Loans Clause in Contracts

Borrowings to Repay Swing Loans. The Swing Loan Lender may, at its option, exercisable at any time for any reason whatsoever, demand repayment of the Swing Loans, and each Bank shall make available to the Administrative Agent, on behalf of the Swing Loan Lender, an amount equal to such Bank’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus, if the Swing Loan Lender so requests, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit Loans hereunder), provided that no Bank shall be obligated in any event to make Revolving Credit Loans in excess of its Revolving Credit Commitment minus its Revolving Credit Ratable Share of the Letters of Credit Outstanding. Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option and shall be deemed to have been properly requested in accordance with Section 2.4.1 [Revolving Credit Loan Requests] without regard to any of the requirements of that provision. The Swing Loan Lender shall provide notice to all of the Banks (which may be telephonic or written notice by letter, facsimile or telex) of the amount of such Bank’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, to be made available to the Administrative Agent on behalf of the Swing Loan Lender under this Section 2.8. The Administrative Agent shall promptly provide to each Bank notice of the apportionment thereof among the Banks, and the Banks shall be unconditionally obligated to fund such amount (whether or not the conditions specified in Section 2.4.1 [Revolving Credit Loan Requests] are then satisfied) by the time the Swing Loan Lender so requests, which shall not be earlier than 3:00 p.m., Pittsburgh time, on the next Business Day after the date the Banks receive such notice of apportionment from the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

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Borrowings to Repay Swing Loans. The Swing Loan Lender may, at its option, exercisable at any time for any reason whatsoever, demand repayment of the Swing Loans, and each Bank Revolving Credit Lender shall make available to the Administrative Agent, on behalf of the Swing a Revolving Credit Loan Lender, in an amount equal to such Bank’s Revolving Credit Ratable Share Lender’s Applicable Revolving Credit Percentage of the aggregate principal amount of the outstanding Swing Loans, plus, if the Swing Loan Lender so requests, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit Loans hereunder)thereon, provided that no Bank Revolving Credit Lender shall be obligated in any event to make Revolving Credit Loans in excess if after giving effect thereto, the sum of the aggregate amount of its Revolving Credit Commitment minus Loans (including, for the avoidance of doubt, Revolving Credit Loans made pursuant to this Section 2.5(e)) plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Dollar Equivalent amount of Letter of Credit Obligations exceeds its Revolving Credit Ratable Share of the Letters of Credit OutstandingCommitment. Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option and shall be deemed to have been properly requested in accordance with Section 2.4.1 2.4(a) [Revolving Credit Loan Requests] without regard to any of the requirements of that provision. The Swing Loan Lender shall provide notice to all of the Banks Revolving Credit Lenders (which may be telephonic or written notice by letter, facsimile or telex) of the amount of that such Bank’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, Loans are to be made available to the Administrative Agent on behalf of the Swing Loan Lender under this Section 2.8. The Administrative Agent shall promptly provide to each Bank notice 2.5(e) and of the apportionment thereof among the BanksRevolving Credit Lenders, and the Banks Revolving Credit Lenders shall be unconditionally obligated to fund such amount Revolving Credit Loans (whether or not the conditions specified in Section 2.4.1 7.2 [Revolving Credit Each Loan Requestsor Letter of Credit] are then satisfied) by the time the Swing Loan Lender so requests, which shall not be earlier than 3:00 p.m., Pittsburgh time, 2:00 p.m. New York City time on the next Business Day after the date the Banks Revolving Credit Lenders receive such notice of apportionment from the Administrative AgentSwing Loan Lender. The funding of Revolving Credit Loans by each Revolving Credit Lender under Section 2.5(e) shall be deemed to be a payment in respect of its participation in such Swing Loan in satisfaction of its participation obligation.

Appears in 1 contract

Samples: Master Lease Agreement (Gsi Commerce Inc)

Borrowings to Repay Swing Loans. The Swing Loan Lender may, at its option, exercisable at any time for any reason whatsoever, demand repayment of the Swing Loans, and each Bank Lender shall make available to the Administrative Agent, on behalf of the Swing a Revolving Credit Loan Lender, in an amount equal to such Bank’s Revolving Credit Lender's Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus, if the Swing Loan Lender so requests, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit Loans hereunder)thereon, provided that no Bank Lender shall be obligated in any event to make Revolving Credit Loans in excess of its Revolving Credit Commitment minus its Revolving Credit Ratable Share of the Letters Letter of Credit OutstandingObligations. Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option and shall be deemed to have been properly requested in accordance with Section 2.4.1 [Revolving Credit Loan Requests] without regard to any of the requirements of that provision. The Swing Loan Lender shall provide notice to all of the Banks Lenders (which may be telephonic or written notice by letter, facsimile letter or telexfacsimile) of the amount of that such Bank’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, Loans are to be made available to the Administrative Agent on behalf of the Swing Loan Lender under this Section 2.8. The Administrative Agent shall promptly provide 2.5.5 [Borrowings to each Bank notice Repay Swing Loans] and of the apportionment thereof among the BanksLenders, and the Banks Lenders shall be unconditionally obligated to fund such amount Revolving Credit Loans (whether or not the conditions specified in Section 2.4.1 [Revolving Credit Loan Requests] are then satisfied) by the time the Swing Loan Lender so requests, which shall not be earlier than 3:00 p.m., Pittsburgh time, p.m. on the next Business Day next after the date the Banks Lenders receive such notice of apportionment from the Administrative AgentSwing Loan Lender.

Appears in 1 contract

Samples: Credit Agreement (DSW Inc.)

Borrowings to Repay Swing Loans. (a) The Swing Loan Lender mayLender, at its option, option exercisable at any time for time, may, and so long as there shall be at least $10,000,000 in aggregate principal amount of Swing Loans outstanding, on the last day of any reason whatsoeverInterest Period immediately following the making of such Swing Loans, demand repayment shall, on behalf of the Borrower (which hereby irrevocably directs the Swing Lender to act on its behalf) request each Lender, including the Swing Lender, to make a Revolving Credit Loan in an amount equal to such Revolving Credit Lender's Ratable Share of the amount of the Swing Loans, and each Bank shall make available to (the Administrative Agent, on behalf of the Swing Loan Lender, an amount equal to such Bank’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding "Refunded Swing Loans, ") outstanding on the date such notice is given plus, if the Swing Loan Lender so requests, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit thereon. The Refunded Swing Loans hereunder), provided that no Bank shall be obligated in any event to make Revolving Credit Loans in excess of its Revolving Credit Commitment minus its Revolving Credit Ratable Share of the Letters of Credit Outstanding. Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option and shall be deemed to have been properly requested in accordance with Section 2.4.1 [Revolving Credit Loan Requests] 2.02 without regard to any of the requirements of that provision. The Unless any of the events described in paragraph (h) of Article IX shall have occurred (in which event the procedures of paragraph (b) of this Section 3.04 shall apply), the Swing Loan Lender shall provide notice to all of the Banks Administrative Agent and the Administrative Agent shall provide notice to the Lenders (which may be a telephonic or written notice by letter, facsimile or telex) of the amount of that such Bank’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, Loans are to be made available to the Administrative Agent on behalf of the Swing Loan Lender under this Section 2.8. The Administrative Agent shall promptly provide to each Bank notice 3.03 and of the apportionment thereof among the BanksLenders, and the Banks Lenders shall be unconditionally obligated to fund such amount Revolving Credit Loans (whether or not the conditions specified in Section 2.4.1 [Revolving Credit Loan Requests] 7.02 are then satisfied) by the time the Swing Loan Lender Administrative Agent so requests, which shall not be earlier than 3:00 p.m., Pittsburgh time, 12:00 noon Eastern time on the next Business Day after next succeeding the date the Banks receive Administrative Agent gives the demand notice to the Lenders. If for any reason a Lender is prohibited from funding its Ratable Share of Revolving Credit Loans to repay the principal amount of the Swing Loans outstanding, such notice Lender shall purchase a participation in the Swing Loans equal to its Ratable Share of apportionment from the Administrative Agentprincipal amount of Swing Loans outstanding in accordance with paragraph (b) of this Section 3.04. The proceeds of such Revolving Credit Loans shall be immediately applied to repay the Refunded Swing Loans.

Appears in 1 contract

Samples: Credit Agreement (Borders Group Inc)

Borrowings to Repay Swing Loans. The Swing Loan Lender may, Lenders may at its their option, exercisable at any time for any reason whatsoevertime, demand repayment of the Swing Loans, Loans and each Bank Lender shall make available to the Administrative Agent, on behalf of the Swing a Revolving Credit Loan Lender, in an amount equal to such Bank’s Revolving Credit Lender's Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus, if the Swing Loan Lender Lenders so requestsrequest, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit Loans hereunder)thereon, provided that no Bank Lender shall be obligated in any event to make Revolving Credit Loans in excess of its Commitment. In the event any Swing Loans shall be repaid with Revolving Credit Commitment minus its Revolving Credit Ratable Share of the Letters of Credit Outstanding. Loans, such Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option and shall be deemed to have been properly requested in accordance with Section 2.4.1 [Revolving Credit Loan Requests] 2.05(a) without regard to any of the requirements of that provision. The Swing Loan Lender Administrative Agent shall provide notice to all of the Banks Lenders (which may be a telephonic or written notice by letter, facsimile or telex) of the amount of that such Bank’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, Loans are to be made available to the Administrative Agent on behalf of the Swing Loan Lender under this Section 2.8. The Administrative Agent shall promptly provide to each Bank notice 2.07 and of the apportionment thereof among the BanksLenders, and the Banks Lenders shall be unconditionally obligated to fund such amount Revolving Credit Loans (whether or not the conditions specified in Section 2.4.1 [Revolving Credit Loan Requests] 6.02 are then satisfied) by the time the Swing Loan Lender Administrative Agent so requests, which shall not be earlier than 3:00 p.m., Pittsburgh time, 12:00 noon Eastern time on the next Business Day after next succeeding the date the Banks receive Administrative Agent gives the demand notice to the Lenders. If for any reason a Lender is prohibited from funding its Ratable Share of Revolving Credit Loans to repay the principal amount of the Swing Loans outstanding, such notice Lender shall purchase a participation in the Swing Loans equal to its Ratable Share of apportionment from the Administrative Agentprincipal amount of Swing Loans outstanding.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Borders Group Inc)

Borrowings to Repay Swing Loans. The (i) Each Swing Loan Lender mayLender, may at its option, exercisable at any time for any reason whatsoever, demand repayment of the Swing LoansLoans made by it, and each Bank Lender shall make available to a Revolving Credit Loan in the Administrative Agent, on behalf of the Swing Loan Lender, applicable Currency in an amount equal to such BankLender’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus, if the such Swing Loan Lender so requests, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit Loans hereunder)thereon, provided that no Bank Lender shall be obligated in any event to make Revolving Credit Loans in excess of its Revolving Credit Commitment minus its Revolving Credit Ratable Share of the Letters Letter of Credit OutstandingObligations. Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option or, in the case of Revolving Credit Loans in Alternative Currencies, the Daily Rate Loan Option, and shall be deemed to have been properly requested in accordance with Section 2.4.1 [Revolving Credit Loan Requests] without regard to any of the requirements of that provision. The Such Swing Loan Lender shall provide notice to all of the Banks Lenders (which may be telephonic or written notice by letter, email, facsimile or telex) of the amount of that such Bank’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, Loans are to be made available to the Administrative Agent on behalf of the Swing Loan Lender under this Section 2.8. The Administrative Agent shall promptly provide to each Bank notice 2.5.5 and of the apportionment thereof among the BanksLenders, and the Banks Lenders shall be unconditionally obligated to fund such amount Revolving Credit Loans (whether or not the conditions specified in Section 2.4.1 [Revolving Credit Loan Requests] are then satisfied) by the time the such Swing Loan Lender so requests, which shall not be earlier later than 3:00 p.m., Pittsburgh time, p.m. on the next Business Day after the date the Banks Lenders receive such notice of apportionment from such Swing Loan Lender. In addition, the Administrative AgentAgent may deliver any such notice at any time on behalf of a Swing Line Lender for the repayment of all Alternative Currency Swing Loans and/or all U.S. Dollar Swing Loans.

Appears in 1 contract

Samples: Credit Agreement (Crocs, Inc.)

Borrowings to Repay Swing Loans. The Swing Loan Lender (i) PNC may, at its option, exercisable at any time for any reason whatsoever, demand repayment of any or all of the outstanding Swing Loans, and each Bank 5- Year Revolver Lender shall make available to the Administrative Agent, on behalf of the Swing a 5-Year Revolving Credit Loan Lender, in an amount equal to such BankXxxxxx’s Revolving Credit 5-Year Revolver Ratable Share of the aggregate principal amount of the outstanding Swing LoansLoans with respect to which repayment is demanded, plus, if the Swing Loan Lender PNC so requests, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit Loans hereunder)thereon, provided that no Bank 5-Year Revolver Lender shall be obligated in any event to make 5-Year Revolving Credit Loans in excess of its 5-Year Revolving Credit Commitment minus its Revolving Credit 5-Year Revolver Ratable Share of the Letters Letter of Credit OutstandingObligations minus its 5-Year Revolver Ratable Share of any Swing Loans not so being repaid. 5-Year Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option and shall be deemed to have been properly requested in accordance with Section 2.4.1 2.5(a) [Revolving Credit Loan Requests] without regard to any of the requirements of that provision. The Swing Loan Lender PNC shall provide notice to all of the Banks 5- Year Revolver Lenders (which may be telephonic or written notice by letter, facsimile or telex) of the amount of that such Bank’s 5-Year Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, Loans are to be made available to the Administrative Agent on behalf of the Swing Loan Lender under this Section 2.8. The Administrative Agent shall promptly provide to each Bank notice 2.6(e) and of the apportionment thereof among the Banks5-Year Revolver Lenders, and the Banks 5-Year Revolver Lenders shall be unconditionally obligated to fund such amount 5-Year Revolving Credit Loans (whether or not the conditions specified in Section 2.4.1 2.5(a) [Revolving Credit Loan Requests] or in Section 7.2 [Each Loan or Letter of Credit] are then satisfied) by the time the Swing Loan Lender PNC so requests, which shall not be earlier than 3:00 p.m., Pittsburgh time, p.m. on the next succeeding Business Day after following the date the Banks 5-Year Revolver Lenders receive such notice of apportionment from the Administrative AgentPNC.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Utilities Corp)

Borrowings to Repay Swing Loans. The Swing Loan Lender (i) PNC may, at its option, exercisable at any time for any reason whatsoever, demand repayment of any or all of the outstanding Swing Loans, and each Bank Lender shall make available to the Administrative Agent, on behalf of the Swing a Revolving Credit Loan Lender, in an amount equal to such BankLender’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing LoansLoans with respect to which repayment is demanded, plus, if the Swing Loan Lender PNC so requests, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit Loans hereunder)thereon, provided that no Bank Lender shall be obligated in any event to make Revolving Credit Loans in excess of its Revolving Credit Commitment minus its Revolving Credit Ratable Share of the Letters Letter of Credit OutstandingObligations and minus its Ratable Share of any Swing Loans not so being repaid. Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option and shall be deemed to have been properly requested in accordance with Section 2.4.1 2.5(a) [Revolving Credit Loan Requests] without regard to any of the requirements of that provision. The Swing Loan Lender PNC shall provide notice to all of the Banks Lenders (which may be telephonic or written notice by letter, facsimile or telex) of the amount of that such Bank’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, Loans are to be made available to the Administrative Agent on behalf of the Swing Loan Lender under this Section 2.8. The Administrative Agent shall promptly provide to each Bank notice 2.6(e) and of the apportionment thereof among the BanksLenders, and the Banks Lenders shall be unconditionally obligated to fund such amount Revolving Credit Loans (whether or not the conditions specified in Section 2.4.1 2.5(a) [Revolving Credit Loan Requests] or in Section 7.2 [Each Loan or Letter of Credit] are then satisfied) by the time the Swing Loan Lender PNC so requests, which shall not be earlier than 3:00 p.m., Pittsburgh time, p.m. on the next succeeding Business Day after following the date the Banks Lenders receive such notice from PNC. (ii) With respect to any Swing Loan that is not refinanced into Revolving Credit Loans in whole or in part as contemplated by Section 2.6(e)(i), because of apportionment the Borrower’s failure to satisfy the conditions set forth in Section 7.2 [Each Loan or Letter of Credit] other than any notice requirements, or for any other reason, each Lender shall fund its risk participation in the applicable Swing Loan. Each Lender’s payment to the Swing Loan Lender pursuant to this Section 2.6(e)(ii) shall be deemed to be a payment in respect of its risk participation in such Swing Loan from such Lender in satisfaction of its risk participation obligation under Section 2.6(c) [Making Swing Loans]. (iii) If any Lender fails to make available to the Administrative Agent for the account of PNC (as the Swing Loan Lender) any amount required to be paid by such Lender pursuant to the foregoing provisions of this Section 2.6(e) by the time specified in Section 2.6(e)(i), the Swing Loan Lender shall be entitled to recover from such Lender (acting through the Administrative Agent.), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the Swing Loan Lender at a rate per annum equal to the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by the Swing Loan Lender in connection with the foregoing. If such Lender pays such amount (with interest and fees as aforesaid), the amount so paid shall constitute such 35 135035202_4

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Utilities Corp)

Borrowings to Repay Swing Loans. The Swing Loan Lender may, at its option, exercisable at any time for any reason whatsoever, demand repayment of the Swing Loans, and each Bank Lender shall make available to the Administrative Agent, on behalf of the Swing a Revolving Credit Loan Lender, in an amount equal to such BankLender’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus, if the Swing Loan Lender so requests, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit Loans hereunder)thereon, provided that no Bank Lender shall be obligated in any event to make Revolving Credit Loans in excess of its Revolving Credit Commitment minus its Revolving Credit Ratable Share of the Letters Letter of Credit OutstandingObligations. Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option and shall be deemed to have been properly requested in accordance with Section 2.4.1 [Revolving Credit Loan Requests] without regard to any of the requirements of that provision. The Swing Loan Lender shall provide notice to all of the Banks Lenders (which may be telephonic or written notice by letter, facsimile or telexemail) of the amount of that such Bank’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, Loans are to be made available to the Administrative Agent on behalf of the Swing Loan Lender under this Section 2.8. The Administrative Agent shall promptly provide to each Bank notice 2.5.5 and of the apportionment thereof among the BanksLenders, and the Banks Lenders shall be unconditionally obligated to fund such amount Revolving Credit Loans (whether or not the conditions specified in Section 2.4.1 [Revolving Credit Loan Requests] are then satisfied) by the time the Swing Loan Lender so requests, which shall not be earlier than 3:00 p.m., Pittsburgh time, p.m. on the next Business Day next after the date the Banks Lenders receive such notice of apportionment from the Swing Lender; provided that if the conditions precedent to a borrowing of Revolving Credit Loans are not then satisfied or for any other reason the Lenders may not then make Revolving Credit Loans under the Base Rate Option to the applicable Borrower in whole or in part as contemplated by this Section, because of such Borrower’s failure to satisfy the conditions set forth in Section 6.2 other than any notice requirements, or for any other reason, then instead of making Revolving Credit Loans, each Lender (other than the Swing Lender) shall become immediately obligated to fund its participation in the outstanding Swing Loans and shall pay to the Swing Lender an amount equal to such Lender’s Ratable Share of all outstanding Swing Loans. If and to the extent any Revolving Lender shall not have made such amount available to the Administrative AgentAgent by 8:00 p.m. on the Business Day next after the date the Lenders receive notice from the Swing Lender of its obligation to fund its participation in Swing Loans, such Lender agrees to pay interest on such amount to the Swing Lender forthwith on demand, for each day from the date such amount was to have been delivered to the Swing Lender to the date such amount is paid, (i) at a rate per annum equal to the Federal Funds Effective Rate during the first three (3) days following such demand and (ii) at a rate per annum equal to the rate applicable to Loans under the Base Rate Option on and after the fourth day following the date of such demand. Any Lender’s failure to make available to the Swing Lender its Ratable Share of the amount of all outstanding Swing Loans shall not relieve any other Lender of its obligation hereunder to make available to the Swing Lender such other Lender’s Ratable Share of such amount, but no Lender shall be responsible for the failure of any other Lender to make available to the Swing Lender such other Lender’s Ratable Share of any such amount.

Appears in 1 contract

Samples: Credit Agreement (Cincinnati Financial Corp)

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Borrowings to Repay Swing Loans. The Immediately upon the advance of each Swing Loan, each Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the applicable Swing Loan Lender a participation in such Swing Loan in a Dollar Equivalent amount equal to such Lender’s Ratable Share of such Swing Loan. Each Swing Loan Lender may, at its option, exercisable at any time for any reason whatsoever, demand repayment of the Swing LoansLoans advanced by it, and each Bank Lender shall make available to the Administrative Agent, on behalf of the Swing a Revolving Credit Loan Lender, in an amount (or Dollar Equivalent amount) equal to such BankLender’s Revolving Credit Ratable Share of the aggregate principal amount of the such Swing Loan Lender’s outstanding Swing Loans, plus, if the such Swing Loan Lender so requests, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit Loans hereunder)thereon, provided that no Bank Lender shall be obligated in any event to make Revolving Credit Loans in excess of its Revolving Credit Commitment minus its Revolving Credit Ratable Share of the Letters Letter of Credit OutstandingObligations and minus the Swing Loans of the other Swing Loan Lender, if any. Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option and shall be deemed to have been properly requested in accordance with Section 2.4.1 2.5.1 [Revolving Credit Loan Requests] without regard to any of the requirements of that provision. The Such Swing Loan Lender shall provide notice to all of the Banks (which may be telephonic or written notice by letter, facsimile facsimile, electronic mail or telex) of the amount of such Bank’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, to be made available to the Administrative Agent on behalf (which shall promptly advise the Lenders of the Swing Loan Lender such notice) that such Revolving Credit Loans are to be made under this Section 2.8. The Administrative Agent shall promptly provide to each Bank notice 2.6.5 and of the apportionment thereof among the BanksLenders, and the Banks Lenders shall be unconditionally obligated to fund such amount Revolving Credit Loans (whether or not the conditions specified in Section 2.4.1 2.5.1 [Revolving Credit Loan Requests] are then satisfied) by the time the such Swing Loan Lender so requests, which shall not be earlier than 3:00 p.m., Pittsburgh time, p.m. on the next Business Day next after the date the Banks Lenders receive such notice of apportionment from the Administrative Agentsuch Swing Loan Lender.

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

Borrowings to Repay Swing Loans. The Swing Loan Lender (i) PNC may, at its option, exercisable at any time for any reason whatsoever, demand repayment of any or all of the outstanding Swing Loans, and each Bank 5- Year Revolver Lender shall make available to the Administrative Agent, on behalf of the Swing a 5-Year Revolving Credit Loan Lender, in an amount equal to such BankXxxxxx’s Revolving Credit 5-Year Revolver Ratable Share of the aggregate principal amount of the outstanding Swing LoansLoans with respect to which repayment is demanded, plus, if the Swing Loan Lender PNC so requests, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit Loans hereunder)thereon, provided that no Bank 5-Year Revolver Lender shall be obligated in any event to make 5-Year Revolving Credit Loans in excess of its 5-Year Revolving Credit Commitment minus its Revolving Credit 5-Year Revolver Ratable Share of the Letters Letter of Credit OutstandingObligations minus its 5-Year Revolver Ratable Share of any Swing Loans not so being repaid. 5-Year Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option and shall be deemed to have been properly requested in accordance with Section 2.4.1 2.5(a) [Revolving Credit Loan Requests] without regard to any of the requirements of that provision. The Swing Loan Lender PNC shall provide notice to all of the Banks 5-Year Revolver Lenders (which may be telephonic or written notice by letter, facsimile or telex) of the amount of that such Bank’s 5-Year Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, Loans are to be made available to the Administrative Agent on behalf of the Swing Loan Lender under this Section 2.8. The Administrative Agent shall promptly provide to each Bank notice 2.6(e) and of the apportionment thereof among the Banks5-Year Revolver Lenders, and the Banks 5-Year Revolver Lenders shall be unconditionally obligated to fund such amount 5-Year Revolving Credit Loans (whether or not the conditions specified in Section 2.4.1 2.5(a) [Revolving Credit Loan Requests] are then satisfied) by the time the Swing Loan Lender so requests, which shall not be earlier than 3:00 p.m., Pittsburgh time, on the next Business Day after the date the Banks receive such notice of apportionment from the Administrative Agent.or in Section

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Utilities Corp)

Borrowings to Repay Swing Loans. The Swing Loan Lender 1. PNC may, at its option, exercisable at any time for any reason whatsoever, demand repayment of any or all of the outstanding Swing Loans, and each Bank 5- Year Revolver Lender shall make available to the Administrative Agent, on behalf of the Swing a 5-Year Revolving Credit Loan Lender, in an amount equal to such BankLender’s Revolving Credit 5-Year Revolver Ratable Share of the aggregate principal amount of the outstanding Swing LoansLoans with respect to which repayment is demanded, plus, if the Swing Loan Lender PNC so requests, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit Loans hereunder)thereon, provided that no Bank 5-Year Revolver Lender shall be obligated in any event to make 5-Year Revolving Credit Loans in excess of its 5-Year Revolving Credit Commitment minus its Revolving Credit 5-Year Revolver Ratable Share of the Letters Letter of Credit OutstandingObligations minus its 5-Year Revolver Ratable Share of any Swing Loans not so being repaid. 5-Year Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option and shall be deemed to have been properly requested in accordance with Section 2.4.1 2.5(a) [Revolving Credit Loan Requests] without regard to any of the requirements of that provision. The Swing Loan Lender PNC shall provide notice to all of the Banks 5- Year Revolver Lenders (which may be telephonic or written notice by letter, facsimile or telex) of the amount of that such Bank’s 5-Year Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, Loans are to be made available to the Administrative Agent on behalf of the Swing Loan Lender under this Section 2.8. The Administrative Agent shall promptly provide to each Bank notice 2.6(e) and of the apportionment thereof among the Banks5-Year Revolver Lenders, and the Banks 5-Year Revolver Lenders shall be unconditionally obligated to fund such amount 5-Year Revolving Credit Loans (whether or not the conditions specified in Section 2.4.1 2.5(a) [Revolving Credit Loan Requests] or in Section 7.2 [Each Loan or Letter of Credit] are then satisfied) by the time the Swing Loan Lender PNC so requests, which shall not be earlier than 3:00 p.m., Pittsburgh time, p.m. on the next succeeding Business Day after following the date the Banks 5-Year Revolver Lenders receive such notice of apportionment from the Administrative AgentPNC.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Utilities Corp)

Borrowings to Repay Swing Loans. The Swing Loan Lender may, at its option, exercisable at any time for any reason whatsoever, demand repayment of the Swing Loans, and each Bank Lender shall make available to the Administrative Agent, on behalf of the Swing a Revolving Credit Loan Lender, in an amount equal to such BankLender’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus, if the Swing Loan Lender so requests, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit Loans hereunder)thereon, provided that no Bank Lender shall be obligated in any event to make Revolving Credit Loans in excess of its Revolving Credit Commitment minus its Revolving Credit Ratable Share of the Letters of Credit OutstandingCommitment. Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option and shall be deemed to have been properly requested in accordance with Section 2.4.1 [Revolving Credit Loan Requests] without regard to any of the requirements of that provision. The Swing Loan Lender shall provide notice to all of the Banks Lenders (which may be telephonic or written notice by letter, facsimile or telexemail) of the amount of that such Bank’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, Loans are to be made available to the Administrative Agent on behalf of the Swing Loan Lender under this Section 2.8. The Administrative Agent shall promptly provide to each Bank notice 2.5.5 and of the apportionment thereof among the BanksLenders, and the Banks Lenders shall be unconditionally obligated to fund such amount Revolving Credit Loans (whether or not the conditions specified in Section 2.4.1 [Revolving Credit Loan Requests] are then satisfied) by the time the Swing Loan Lender so requests, which shall not be earlier than 3:00 p.m., Pittsburgh time, p.m. on the next Business Day next after the date the Banks Lenders receive such notice of apportionment from the Swing Lender; provided that if the conditions precedent to a borrowing of Revolving Credit Loans are not then satisfied or for any other reason the Lenders may not then make Revolving Credit Loans under the Base Rate Option to the applicable Borrower in whole or in part as contemplated by this Section, because of such Borrower’s failure to satisfy the conditions set forth in Section 6.2 other than any notice requirements, or for any other reason, then instead of making Revolving Credit Loans, each Lender (other than the Swing Lender) shall become immediately obligated to fund its participation in the outstanding Swing Loans and shall pay to the Swing Lender an amount equal to such Lender’s Ratable Share of all outstanding Swing Loans. If and to the extent any Revolving Lender shall not have made such amount available to the Administrative AgentAgent by 8:00 p.m. on the Business Day next after the date the Lenders receive notice from the Swing Lender of its obligation to fund its participation in Swing Loans, such Lender agrees to pay interest on such amount to the Swing Lender forthwith on demand, for each day from the date such amount was to have been delivered to the Swing Lender to the date such amount is paid, (i) at a rate per annum equal to the Federal Funds Effective Rate during the first three (3) days following such demand and (ii) at a rate per annum equal to the rate applicable to Loans under the Revolving Credit Base Rate Option on and after the fourth day following the date of such demand. Any Lender’s failure to make available to the Swing Lender its Ratable Share of the amount of all outstanding Swing Loans shall not relieve any other Lender of its obligation hereunder to make available to the Swing Lender such other Lender’s Ratable Share of such amount, but no Lender shall be responsible for the failure of any other Lender to make available to the Swing Lender such other Lender’s Ratable Share of any such amount.

Appears in 1 contract

Samples: Credit Agreement (Cincinnati Financial Corp)

Borrowings to Repay Swing Loans. The Swing Loan Lender may, Lenders may at its their option, exercisable at any time for any reason whatsoevertime, demand repayment of the Swing Loans, Loans and each Bank Lender shall make available to the Administrative Agent, on behalf of the Swing a Revolving Credit Loan Lender, in an amount equal to such Bank’s Revolving Credit Lender's Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus, if the Swing Loan Lender Lenders so requestsrequest, accrued interest thereon (such amount to be automatically to be deemed a borrowing of Revolving Credit Loans hereunder)thereon, provided that no Bank Lender shall be obligated in any event to make Revolving Credit Loans in excess of its Revolving Credit Commitment minus its Revolving Credit Ratable Share of the Letters Dollar Equivalent amount of the Letter of Credit OutstandingOutstandings. In the event any Swing Loans shall be repaid with Revolving Credit Loans, such Revolving Credit Loans made pursuant to the preceding sentence shall bear interest at the Base Rate Option and shall be deemed to have been properly requested in accordance with Section 2.4.1 [Revolving Credit Loan Requests] 2.05(a) without regard to any of the requirements of that provision; provided, however, that Sterling Swing Loans shall be repaid in British Pounds Sterling if and to the extent that Revolving Credit Loans are requested for such purpose in accordance with the requirements of Section 2.05(a). The Swing Loan Lender Administrative Agent shall provide notice to all of the Banks Lenders (which may be a telephonic or written notice by letter, facsimile or telex) of the amount of that such Bank’s Revolving Credit Ratable Share of the aggregate principal amount of the outstanding Swing Loans, plus accrued interest thereon, Loans are to be made available to the Administrative Agent on behalf of the Swing Loan Lender under this Section 2.8. The Administrative Agent shall promptly provide to each Bank notice 2.07 and of the apportionment thereof among the BanksLenders, and the Banks Lenders shall be unconditionally obligated to fund such amount Revolving Credit Loans (whether or not the conditions specified in Section 2.4.1 [Revolving Credit Loan Requests] 7.02 are then satisfied) by the time the Swing Loan Lender Administrative Agent so requests, which shall not be earlier than 3:00 p.m., Pittsburgh time, 12:00 noon Eastern time on the next Business Day after next succeeding the date the Banks receive such Administrative Agent gives the demand notice of apportionment from to the Lenders or, with respect to Sterling Swing Loans made pursuant to Section 2.01(d)(ii), four (4) Business Days after the Administrative AgentAgent gives the demand notice to the Lenders. Demand notice in respect of all outstanding Sterling Swing Loans shall be given no later than the tenth Business Day following the Effective Date. If for any reason a Lender is prohibited from funding its Ratable Share of Revolving Credit Loans to repay the principal amount of the Swing Loans outstanding, such Lender shall purchase a participation in the Swing Loans equal to its Ratable Share of the principal amount of Swing Loans outstanding.

Appears in 1 contract

Samples: Credit Agreement (Borders Group Inc)

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