Common use of Mandatory Borrowing Clause in Contracts

Mandatory Borrowing. (i) On any Business Day, the Multi-Currency Swingline Lender may, in its sole discretion, give notice to the Multi-Currency Lenders that all then-outstanding Multi-Currency Swingline Loans shall be funded with a Borrowing of Multi-Currency Revolving Credit Loans constituting ABR Loans, in which case Multi-Currency Revolving Credit Loans (each such Borrowing, a “Multi-Currency Mandatory Borrowing”) shall be made on the immediately succeeding Business Day by all Multi-Currency Lenders pro rata based on each Multi-Currency Lender’s Multi-Currency Revolving Credit Commitment Percentage, and the proceeds thereof shall be applied directly to the Multi-Currency Swingline Lender to repay the Multi-Currency Swingline Lender for such outstanding Multi-Currency Swingline Loans. Each Multi-Currency Lender hereby irrevocably agrees to make such Multi-Currency Revolving Credit Loans upon one Business Day’s notice pursuant to each Multi-Currency Mandatory Borrowing in the amount, in either U.S. Dollars or Singapore Dollars, as applicable, and in the manner specified in the preceding sentence and on the date specified to it in writing by the Multi-Currency Swingline Lender notwithstanding (A) that the amount of the Multi-Currency Mandatory Borrowing may not comply with the minimum amount for each Borrowing specified in Section 2.2, (B) whether any conditions specified in Section 7 are then satisfied, (C) whether a Default or an Event of Default has occurred and is continuing, (D) the date of such Multi-Currency Mandatory Borrowing or (E) any reduction in the Total Commitment after any such Multi-Currency Swingline Loans were made. In the event that, in the sole judgment of the Multi-Currency Swingline Lender, any Multi-Currency Mandatory Borrowing cannot for any reason be made on the date otherwise required above (including as a result of the commencement of a proceeding under the Bankruptcy Code in respect of any Borrower), each Multi-Currency Lender hereby agrees that it shall forthwith purchase from the Multi-Currency Swingline Lender (without recourse or warranty) such participation of the outstanding Multi-Currency Swingline Loans as shall be necessary to cause the Multi-Currency Lenders to share in such Multi-Currency Swingline Loans ratably based upon their respective Multi-Currency Revolving Credit Commitment Percentages, provided that all principal and interest payable on such Multi-Currency Swingline Loans shall be for the account of the Multi-Currency Swingline Lender until the date the respective participation is purchased and, to the extent attributable to the purchased participation, shall be payable to the Multi-Currency Lender purchasing same from and after such date of purchase.

Mandatory Borrowing. (i) On any Business DayDay (but in any event no less frequently than once per week), the Multi-Currency Swingline Lender Administrative Agent may, in its sole discretion, discretion give notice to the Multi-Currency Lenders that all then-the Administrative Agent’s outstanding Multi-Currency Swingline Loans Agent Advances shall be funded with a Borrowing one or more Borrowings of Multi-Currency Revolving Credit Loans (provided that such notice shall be deemed to have been automatically given upon the occurrence of an Event of Default under Section 8.01(f) or upon the exercise of any of the remedies provided in the last paragraph of Section 7.01), in which case one or more Borrowings of Revolving Credit Loans constituting ABR Loans, in which case Multi-Currency Revolving Credit Base Rate Loans (each such Borrowing, a “Multi-Currency Mandatory Borrowing”) shall be made on the immediately succeeding Business Day by all Multi-Currency applicable Lenders pro rata based on each Multi-Currency such Lender’s Multi-Currency Pro Rata Share (determined before giving effect to any termination of the Revolving Credit Commitment Percentage, Commitments pursuant to Section 8.02) and the proceeds thereof shall be applied directly to by the Multi-Currency Swingline Lender Administrative Agent to repay the Multi-Currency Swingline Lender Administrative Agent for such outstanding Multi-Currency Swingline LoansAgent Advances. Each Multi-Currency Lender hereby irrevocably agrees to make such Multi-Currency Revolving Credit Loans upon one (1) Business Day’s notice pursuant to each Multi-Currency Mandatory Borrowing in the amount, in either U.S. Dollars or Singapore Dollars, as applicable, amount and in the manner specified in the preceding sentence and on the date specified to it in writing by the Multi-Currency Swingline Lender Administrative Agent notwithstanding (Ai) that the amount of the Multi-Currency Mandatory Borrowing may not comply with the minimum amount for each Borrowing specified in Section 2.2amounts otherwise required hereunder, (Bii) whether any conditions specified in Section 7 4.02 are then satisfied, (Ciii) whether a Default or an Event of Default has occurred and is continuingthen exists, (Div) the date of such Multi-Currency Mandatory Borrowing, (v) the amount of the Borrowing or Base at such time and (Evi) any reduction in the Total whether such Lender’s Revolving Credit Commitment after any has been terminated at such Multi-Currency Swingline Loans were madetime. In the event that, in the sole judgment of the Multi-Currency Swingline Lender, that any Multi-Currency Mandatory Borrowing cannot for any reason be made on the date otherwise required above (including including, as a result of the commencement of a proceeding under the Bankruptcy Code in any Debtor Relief Law with respect of to any Borrower), then each Multi-Currency Lender hereby agrees that it shall forthwith purchase (as of the date the Mandatory Borrowing would otherwise have occurred, but adjusted for any payments received from the Multi-Currency Swingline Lender (without recourse Borrowers on or warrantyafter such date and prior to such purchase) from the Administrative Agent such participation of participations in the outstanding Multi-Currency Swingline Loans Agent Advances as shall be necessary to cause the Multi-Currency applicable Lenders to share in such Multi-Currency Swingline Loans Agent Advances ratably based upon their respective Multi-Currency Revolving Credit Commitment Percentages, Commitments (determined before giving effect to any termination of the Revolving Credit Commitments pursuant to Section 8.02); provided that (x) all principal and interest payable on such Multi-Currency Swingline Loans the Agent Advances shall be for the account of the Multi-Currency Swingline Lender Administrative Agent until the date as of which the respective participation is required to be purchased and, to the extent attributable to the purchased participation, shall be payable to the Multi-Currency Lender purchasing same participant from and after such the time any purchase of participations is actually made and (y) at the time any purchase of participations pursuant to this sentence is actually made, the purchasing Lender shall be required to pay the Administrative Agent interest on the principal amount of the participation purchased for each day from and including the day upon which the Mandatory Borrowing would otherwise have occurred to but excluding the date of purchasepayment for such participation, at the overnight Federal Funds Rate for the first three (3) days and at the interest rate otherwise applicable to Revolving Credit Loans maintained as Base Rate Loans hereunder for each day thereafter.

Mandatory Borrowing. (i) On any Business DayDay (but in any event no less frequently than once per week), the Multi-Currency Swingline Lender Administrative Agent may, in its sole discretion, discretion give notice to the Multi-Currency Lenders that all then-the Administrative Agent’s outstanding Multi-Currency Swingline Loans Agent Advances shall be funded with a Borrowing one or more Borrowings of Multi-Currency Revolving Credit Loans (provided that such notice shall be deemed to have been automatically given upon the occurrence of an Event of Default under Section 8.01(f) or upon the exercise of any of the remedies provided in the last paragraph of Section 7.01), in which case one or more Borrowings of Revolving Credit Loans constituting ABR Loans, in which case Multi-Currency Revolving Credit Base Rate Loans (each such Borrowing, a “Multi-Currency Mandatory Borrowing”) shall be made on the immediately succeeding Business Day by all Multi-Currency applicable Lenders pro rata based on each Multi-Currency such Lender’s Multi-Currency Pro Rata Share (determined before giving effect to any termination of the Revolving Credit Commitment Percentage, Commitments pursuant to Section 8.02) and the proceeds thereof shall be applied directly to by the Multi-Currency Swingline Lender Administrative Agent to repay the Multi-Currency Swingline Lender Administrative Agent for such outstanding Multi-Currency Swingline LoansAgent Advances. Each Multi-Currency Lender hereby irrevocably agrees to make such Multi-Currency Revolving Credit Loans upon one (1) Business Day’s notice pursuant to each Multi-Currency Mandatory Borrowing in the amount, in either U.S. Dollars or Singapore Dollars, as applicable, amount and in the manner specified in the preceding sentence and on the date specified to it in writing by the Multi-Currency Swingline Lender Administrative Agent notwithstanding (Ai) that the amount of the Multi-Currency Mandatory Borrowing may not comply with the minimum amount for each Borrowing specified in Section 2.2amounts otherwise required hereunder, (Bii) whether any conditions specified in Section 7 4.02 are then satisfied, (Ciii) whether a Default or an Event of Default has occurred and is continuingthen exists, (Div) the date of such Multi-Currency Mandatory Borrowing, (v) the amount of the Borrowing or Base at such time and (Evi) any reduction in the Total whether such Xxxxxx’s Revolving Credit Commitment after any has been terminated at such Multi-Currency Swingline Loans were madetime. In the event that, in the sole judgment of the Multi-Currency Swingline Lender, that any Multi-Currency Mandatory Borrowing cannot for any reason be made on the date otherwise required above (including including, as a result of the commencement of a proceeding under the Bankruptcy Code in any Debtor Relief Law with respect of to any Borrower), then each Multi-Currency Lender hereby agrees that it shall forthwith purchase (as of the date the Mandatory Borrowing would otherwise have occurred, but adjusted for any payments received from the Multi-Currency Swingline Lender (without recourse Borrowers on or warrantyafter such date and prior to such purchase) from the Administrative Agent such participation of participations in the outstanding Multi-Currency Swingline Loans Agent Advances as shall be necessary to cause the Multi-Currency applicable Lenders to share in such Multi-Currency Swingline Loans Agent Advances ratably based upon their respective Multi-Currency Revolving Credit Commitment Percentages, Commitments (determined before giving effect to any termination of the Revolving Credit Commitments pursuant to Section 8.02); provided that (x) all principal and interest payable on such Multi-Currency Swingline Loans the Agent Advances shall be for the account of the Multi-Currency Swingline Lender Administrative Agent until the date as of which the respective participation is required to be purchased and, to the extent attributable to the purchased participation, shall be payable to the Multi-Currency Lender purchasing same participant from and after such the time any purchase of participations is actually made and (y) at the time any purchase of participations pursuant to this sentence is actually made, the purchasing Lender shall be required to pay the Administrative Agent interest on the principal amount of the participation purchased for each day from and including the day upon which the Mandatory Borrowing would otherwise have occurred to but excluding the date of purchasepayment for such participation, at the overnight Federal Funds Rate for the first three (3) days and at the interest rate otherwise applicable to Revolving Credit Loans maintained as Base Rate Loans hereunder for each day thereafter.

Mandatory Borrowing. (i) On any Business Day, the Multi-Currency Swingline Lender may, in its sole discretion, give notice to the Multi-Currency Revolving Credit Lenders that all then-outstanding Multi-Currency Swingline Loans shall be funded with a Borrowing of Multi-Currency Revolving Credit Loans constituting ABR Loans, in which case Multi-Currency Revolving Credit Loans (each such Borrowing, a “Multi-Currency Mandatory Borrowing”) shall be made on the immediately succeeding Business Day by all Multi-Currency Revolving Credit Lenders pro rata based on each Multi-Currency Revolving Credit Lender’s Multi-Currency Revolving Credit Commitment Percentage, and the proceeds thereof shall be applied directly to the Multi-Currency Swingline Lender to repay the Multi-Currency Swingline Lender for such outstanding Multi-Currency Swingline Loans. Each Multi-Currency Revolving Credit Lender hereby irrevocably agrees to make such Multi-Currency Revolving Credit Loans upon one Business Day’s notice pursuant to each Multi-Currency Mandatory Borrowing in the amount, in either U.S. Dollars or Singapore Dollars, as applicable, amount and in the manner specified in the preceding sentence and on the date specified to it in writing by the Multi-Currency Swingline Lender notwithstanding (A) that the amount of the Multi-Currency Mandatory Borrowing may not comply with the minimum amount for each Borrowing specified in Section 2.2, (B) whether any conditions specified in Section 7 are then satisfied, (C) whether a Default or an Event of Default has occurred and is continuing, (D) the date of such Multi-Currency Mandatory Borrowing or (E) any reduction in the Total Commitment after any such Multi-Currency Swingline Loans were made. In the event that, in the sole judgment of the Multi-Currency Swingline Lender, any Multi-Currency Mandatory Borrowing cannot for any reason be made on the date otherwise required above (including as a result of the commencement of a proceeding under the Bankruptcy Code in respect of any the Borrower), each Multi-Currency Revolving Credit Lender hereby agrees that it shall forthwith purchase from the Multi-Currency Swingline Lender (without recourse or warranty) such participation of the outstanding Multi-Currency Swingline Loans as shall be necessary to cause the Multi-Currency Revolving Credit Lenders to share in such Multi-Currency Swingline Loans ratably based upon their respective Multi-Currency Revolving Credit Commitment Percentages, provided that all principal and interest payable on such Multi-Currency Swingline Loans shall be for the account of the Multi-Currency Swingline Lender until the date the respective participation is purchased and, to the extent attributable to the purchased participation, shall be payable to the Multi-Currency Revolving Credit Lender purchasing same from and after such date of purchase.

Mandatory Borrowing. (i) On any Business Day, the Multi-Currency Swingline Lender may, in its sole discretion, give notice to the Multi-Currency Revolving Credit Lenders that all then-outstanding Multi-Currency Swingline Loans shall be funded with a Borrowing of Multi-Currency Revolving Credit Loans constituting ABR Loans, in which case Multi-Currency Revolving Credit Loans (each such Borrowing, a “Multi-Currency Mandatory Borrowing”) shall be made on the immediately succeeding Business Day by all Multi-Currency Revolving Credit Lenders pro rata based on each Multi-Currency Revolving Credit Lender’s Multi-Currency Revolving Credit Commitment PercentagePercentage (regardless of the Class of Revolving Credit Commitments held by such Lender), and the proceeds thereof shall be applied directly to the Multi-Currency Swingline Lender to repay the Multi-Currency Swingline Lender for such outstanding Multi-Currency Swingline Loans. Each Multi-Currency Revolving Credit Lender hereby irrevocably agrees to make such Multi-Currency Revolving Credit Loans upon one Business Day’s notice pursuant to each Multi-Currency Mandatory Borrowing in the amount, in either U.S. Dollars or Singapore Dollars, as applicable, amount and in the manner specified in the preceding sentence and on the date specified to it in writing by the Multi-Currency Swingline Lender notwithstanding (A) that the amount of the Multi-Currency Mandatory Borrowing may not comply with the minimum amount for each Borrowing specified in Section 2.2, (B) whether any conditions specified in Section 7 are then satisfied, (C) whether a Default or an Event of Default has occurred and is continuing, (D) the date of such Multi-Currency Mandatory Borrowing or (E) any reduction in the Total Commitment after any such Multi-Currency Swingline Loans were made. In the event that, in the sole judgment of the Multi-Currency Swingline Lender, any Multi-Currency Mandatory Borrowing cannot for any reason be made on the date otherwise required above (including as a result of the commencement of a proceeding under the Bankruptcy Code in respect of any the Borrower), each Multi-Currency Revolving Credit Lender hereby agrees that it shall forthwith purchase from the Multi-Currency Swingline Lender (without recourse or warranty) such participation of the outstanding Multi-Currency Swingline Loans as shall be necessary to cause the Multi-Currency Revolving Credit Lenders to share in such Multi-Currency Swingline Loans ratably based upon their respective Multi-Currency Revolving Credit Commitment PercentagesPercentages (regardless of the Class of Revolving Credit Commitments held by such Lender), provided that all principal and interest payable on such Multi-Currency Swingline Loans shall be for the account of the Multi-Currency Swingline Lender until the date the respective participation is purchased and, to the extent attributable to the purchased participation, shall be payable to the Multi-Currency Revolving Credit Lender purchasing same from and after such date of purchase. On the Final Date for any Class of Revolving Credit Commitments, such participations of the Revolving Credit Lenders under and in respect of such Class shall be automatically reallocated to the remaining Revolving Credit Lenders pro rata based on such Lender’s Revolving Credit Commitment Percentage after giving effect to such Final Date.

Mandatory Borrowing. (i) On any Business Day, the Multi-Currency Swingline Lender may, in its sole discretion, give notice to the Multi-Currency Revolving Lenders that all then-its outstanding Multi-Currency Swingline Loans shall be funded with a Borrowing of Multi-Currency Revolving Credit Loans constituting ABR Loans(provided that such notice shall be deemed to have been automatically given upon the occurrence of a Default or an Event of Default under Section 9.05 or upon the exercise of any of the remedies provided in the last paragraph of Section 9), in which case Multi-Currency a Borrowing of Revolving Credit Loans constituting Base Rate Loans (each such Borrowing, a “Multi-Currency "Mandatory Borrowing”") shall be made on the immediately succeeding Business Day by all Multi-Currency Revolving Lenders (without giving effect to any reductions thereto pursuant to the last paragraph of Section 9) pro rata based on each Multi-Currency Revolving Lender’s Multi-Currency 's Revolving Credit Commitment PercentagePercentage (determined before giving effect to any termination of the Commitments pursuant to the last paragraph of Section 9), and the proceeds thereof shall be applied directly to the Multi-Currency Swingline Lender to repay the Multi-Currency Swingline Lender for such outstanding Multi-Currency Swingline Loans. Each Multi-Currency Revolving Lender hereby irrevocably agrees to make such Multi-Currency Revolving Credit Base Rate Loans upon one Business Day’s 's notice pursuant to each Multi-Currency Mandatory Borrowing in the amount, in either U.S. Dollars or Singapore Dollars, as applicable, amount and in the manner specified in the preceding sentence and on the date specified to it in writing by the Multi-Currency Swingline Lender notwithstanding (Ai) that the amount of the Multi-Currency Mandatory Borrowing may not comply with the minimum amount for each Minimum Borrowing Amount otherwise required hereunder, (ii) any condition specified in Section 2.2, (B) whether any conditions specified in Section 7 are 5 may not then be satisfied, (Ciii) whether a the existence of any Default or an Event of Default has occurred and is continuingDefault, (Div) the date of such Multi-Currency Mandatory Borrowing or and (Ev) any reduction in the amount of the Total Revolving Credit Commitment after any at such Multi-Currency Swingline Loans were madetime. In the event that, in the sole judgment of the Multi-Currency Swingline Lender, that any Multi-Currency Mandatory Borrowing cannot for any reason be made on the date otherwise required above (including including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code in with respect of any to the Borrower), then each Multi-Currency Revolving Lender (other than the Swingline Lender) hereby agrees that it shall forthwith purchase (as of the date the Mandatory Borrowing would otherwise have occurred, but adjusted for any payments received from the Multi-Currency Borrower on or after such date and prior to such purchase from the Swingline Lender Lender) (without recourse or warranty) such participation of participations in the outstanding Multi-Currency Swingline Loans as shall be necessary to cause the Multi-Currency Revolving Lenders to share in such Multi-Currency Swingline Loans ratably based upon their respective Multi-Currency Revolving Credit Commitment PercentagesPercentages (determined before giving effect to any termination of the Commitments pursuant to the last paragraph of Section 9), provided that (x) all principal and interest payable on such Multi-Currency the Swingline Loans shall be for the account of the Multi-Currency Swingline Lender until the date the respective participation is required to be purchased and, to the extent attributable to the purchased participation, shall be payable to the Multi-Currency Lender purchasing same participant from and after such date and (y) at the time any purchase of purchaseparticipations pursuant to this sentence is actually made, the purchasing Lender shall be required to pay the Swingline Lender interest on the principal amount of participation purchased for each day from and including the day upon which the Mandatory Borrowing would otherwise have occurred to but excluding the date of payment for such participation, at the overnight Federal Funds Rate for the first three days and at the rate otherwise applicable to Revolving Loans maintained as Base Rate Loans for each day thereafter.

Mandatory Borrowing. (i) On any Business DayDay (but in any event no less frequently than once per week), the Multi-Currency Swingline Lender Administrative Agent may, in its sole discretion, discretion give notice to the Multi-Currency Lenders that all then-the Administrative Agent’s outstanding Multi-Currency Swingline Loans Agent Advances shall be funded with a Borrowing one or more Borrowings of Multi-Currency Revolving Credit Loans (provided that such notice shall be deemed to have been automatically given upon the occurrence of an Event of Default under Section 8.01(f) or upon the exercise of any of the remedies provided in the last paragraph of Section 7.01), in which case one or more Borrowings of Revolving Credit Loans constituting ABR Loans, in which case Multi-Currency Revolving Credit Base Rate Loans (each such Borrowing, a “Multi-Currency Mandatory Borrowing”) shall be made on the immediately succeeding Business Day by all Multi-Currency applicable Lenders pro rata based on each Multi-Currency such Lender’s Multi-Currency Pro Rata Share (determined before giving effect to any termination of the Revolving Credit Commitment Percentage, Commitments pursuant to Section 8.02) and the proceeds thereof shall be applied directly to by the Multi-Currency Swingline Lender Administrative Agent to repay the Multi-Currency Swingline Lender Administrative Agent for such outstanding Multi-Currency Swingline LoansAgent Advances. Each Multi-Currency Lender hereby irrevocably agrees to make such Multi-Currency Revolving Credit Loans upon one (1) Business Day’s notice pursuant to each Multi-Currency Mandatory Borrowing in the amount, in either U.S. Dollars or Singapore Dollars, as applicable, amount and in the manner specified in the preceding sentence and on the date specified to it in writing by the Multi-Currency Swingline Lender Administrative Agent notwithstanding (Ai) that the amount of the Multi-Currency Mandatory Borrowing may not comply with the minimum amount for each Borrowing specified in Section 2.2amounts otherwise required hereunder, (Bii) whether any conditions specified in Section 7 4.02 are then satisfied, (Ciii) whether a Default or an Event of Default has occurred and is continuingthen exists, (Div) the date of such Multi-Currency Mandatory Borrowing, (v) the amount of the Borrowing or Base at such time and (Evi) any reduction in the Total whether such Lender’s Revolving Credit Commitment after any has been terminated at such Multi-Currency Swingline Loans were madetime. In the event that, in the sole judgment of the Multi-Currency Swingline Lender, that any Multi-Currency Mandatory Borrowing cannot for any reason be made on the date otherwise required above (including including, as a result of the commencement of a proceeding under the Bankruptcy Code in any Debtor Relief Law with respect of to any Borrower), then each Multi-Currency Lender hereby agrees that it shall forthwith purchase (as of the date the Mandatory Borrowing would otherwise have occurred, but adjusted for any payments received from the Multi-Currency Swingline Lender (without recourse Borrowers on or warrantyafter such date and prior to such purchase) from the Administrative Agent such participation of participations in the outstanding Multi-Currency Swingline Loans Agent Advances as shall be necessary to cause the Multi-Currency applicable Lenders to share in such Multi-Currency Swingline Loans Agent Advances ratably based upon their respective Multi-Currency Revolving Credit Commitment Percentages, Commitments (determined before giving effect to any termination of the Revolving Credit Commitments pursuant to Section 8.02); provided that (x) all principal and interest payable on such Multi-Currency Swingline Loans the Agent Advances shall be for the account of the Multi-Currency Swingline Lender Administrative Agent until the date the respective participation is purchased and, to the extent attributable to the purchased participation, shall be payable to the Multi-Currency Lender purchasing same from and after such date of purchase.-74