Common use of Procedure for Swing Line Borrowing Clause in Contracts

Procedure for Swing Line Borrowing. Whenever a Borrower desires that the Swing Line Lenders make Swing Line Loans under Section 2.13, the Borrower (or the applicable Registrant of which it is a series) shall give the Swing Line Agent irrevocable telephonic notice confirmed promptly in writing, by facsimile or other mutually acceptable electronic transmission medium, to the attention of: JPMORGAN CHASE BANK, N.A. 500 Xxxxxxx Xxxxxxxxxx Xx. NCC5 / 1st Floor Newark, DE 19713 Attention: Loan & Agency Services Group Attention: Axxxxx Xxxxxx Tel: 300-000-0000 Fax: 300-000-0000 Email: Axxxxx.Xxxxxx@xxxxx.xxx or such other person or persons which may be designated by the Swing Line Agent from time to time (which telephonic notice must be received by the Swing Line Agent not later than 4:00 P.M., New York City time, on the proposed Borrowing Date, and which written confirmation must be received by the Swing Line Agent on the proposed Borrowing Date in form and substance satisfactory to the Swing Line Agent), specifying the amount of each requested Swing Line Loan. Each borrowing under the Swing Line Commitment shall be in an amount equal to $250,000 or an integral multiple of $100,000 in excess thereof. Upon receipt of any such notice from a Borrower (or the applicable Registrant), the Swing Line Agent shall promptly notify the Administrative Agent thereof, and the Administrative Agent shall promptly notify the Swing Line Lenders thereof. Upon receipt of notice of a request for a Swing Line Loan from the Administrative Agent, each Swing Line Lender shall make its Swing Line Pro Rata Share of such borrowing available to such Borrower, on the Borrowing Date requested by such Borrower, by transferring such amount by wire or book entry to the account of such Borrower such Swing Line Loan in immediately available funds.

Procedure for Swing Line Borrowing. Whenever a Borrower desires that the Swing Line Lenders make Swing Line Loans under Section 2.13, the Borrower (or the applicable Registrant of which it is a series) shall give the Swing Line Agent irrevocable telephonic notice confirmed promptly in writing, by facsimile or other mutually acceptable electronic transmission medium, to the attention ofof Xxxxxx Xxxxx (at facsimile number: JPMORGAN CHASE BANK, N.A. 500 Xxxxxxx Xxxxxxxxxx Xx. NCC5 / 1st Floor Newark, DE 19713 Attention: Loan & Agency Services Group Attention: Axxxxx Xxxxxx Tel: 300-(000) 000-0000 Fax0000; email: 300-000-0000 Email: Axxxxx.Xxxxxx@xxxxx.xxx 00000000000@XXX.xxxxxxx.xxx) or such other person or persons which may be designated by the Swing Line Agent from time to time (which telephonic notice must be received by the Swing Line Agent not later than 4:00 P.M., New York City time, on the proposed Borrowing Date, and which written confirmation must be received by the Swing Line Agent on the proposed Borrowing Date in form and substance satisfactory to the Swing Line Agent), specifying the amount of each requested Swing Line Loan. Each borrowing under the Swing Line Commitment shall be in an amount equal to $250,000 or an integral multiple of $100,000 in excess thereof. Upon receipt of any such notice from a Borrower (or the applicable Registrant), the Swing Line Agent shall promptly notify the Administrative Agent thereof, and the Administrative Agent shall promptly notify the Swing Line Lenders thereof. Upon receipt of notice of a request for a Swing Line Loan from the Administrative Agent, each Swing Line Lender shall make its Swing Line Pro Rata Share of such borrowing available to such Borrower, on the Borrowing Date requested by such Borrower, by transferring such amount by wire or book entry to the account of such Borrower such Swing Line Loan in immediately available funds.

Procedure for Swing Line Borrowing. Whenever a Borrower desires that the Swing Line Lenders Lender make Swing Line Loans under Section 2.13, the Borrower (or the applicable Registrant Fund of which it is a seriesportfolio) shall give the Swing Line Agent Lender irrevocable telephonic notice confirmed promptly in writing, by facsimile or other mutually acceptable electronic transmission medium, to the attention ofof Xxxx Enyam at facsimile number: JPMORGAN CHASE BANK, N.A. 500 Xxxxxxx Xxxxxxxxxx Xx. NCC5 / 1st Floor Newark, DE 19713 Attention: Loan & Agency Services Group Attention: Axxxxx Xxxxxx Tel: 300-(000) 000-0000 Fax(Phone: 300-(000) 000-0000 Email: Axxxxx.Xxxxxx@xxxxx.xxx 0000) or such other person or persons which may be designated in writing by the Swing Line Agent Lender (such designation or change in designation may be provided in electronic mail) from time to time (which telephonic notice must be received by the Swing Line Agent Lender not later than 4:00 3:00 P.M., New York City time, on the proposed Borrowing Date, and which written confirmation must be received by the Swing Line Agent Lender on the proposed Borrowing Date in form and substance satisfactory to the Swing Line AgentLender), specifying the amount of each requested Swing Line Loan. Each borrowing under the Swing Line Commitment shall be in an amount equal to $250,000 1,000,000 or an integral multiple of $100,000 500,000 in excess thereof. Upon receipt of any such notice from a Borrower (or the applicable RegistrantFund), the Swing Line Agent Lender shall promptly notify the Administrative Agent thereof, and the Administrative Agent shall promptly notify the Swing Line Lenders thereof. Upon receipt of notice of a request for a Swing Line Loan from the Administrative Agent, each The Swing Line Lender shall make its Swing Line Pro Rata Share the amount of such borrowing available to such the Borrower, on the Borrowing Date requested by such Borrower, by transferring such amount by wire or book entry to the account of such Borrower such Swing Line Loan in immediately available funds.

Procedure for Swing Line Borrowing. Whenever a Borrower desires that the Swing Line Lenders make Swing Line Loans under Section 2.13, the Borrower (or the applicable Registrant of which it is a series) shall give the Swing Line Agent irrevocable telephonic notice confirmed promptly in writing, by facsimile or other mutually acceptable electronic transmission medium, to the attention of: JPMORGAN CHASE BANK, N.A. 500 000 Xxxxxxx Xxxxxxxxxx Xx. Xxxx, NCC5 / 1st Floor NewarkXxxxxx, DE 19713 XX 00000 Attention: Loan & Agency Services Group AttentionXxxxxx Xxxxxx Phone: Axxxxx Xxxxxx Tel: 300-(000) 000-0000 Fax: 300-(000-) 000 0000 / 00000000000@xxx.xxxxxxx.xxx Email: Axxxxx.Xxxxxx@xxxxx.xxx xxxxxx.xxxxxx@xxxxx.xxx or such other person or persons which may be designated by the Swing Line Agent from time to time (which telephonic notice must be received by the Swing Line Agent not later than 4:00 P.M., New York City time, on the proposed Borrowing Date, and which written confirmation must be received by the Swing Line Agent on the proposed Borrowing Date in form and substance satisfactory to the Swing Line Agent), specifying the amount of each requested Swing Line Loan. Each borrowing under the Swing Line Commitment shall be in an amount equal to $250,000 or an integral multiple of $100,000 in excess thereof. Upon receipt of any such notice from a Borrower (or the applicable Registrant), the Swing Line Agent shall promptly notify the Administrative Agent thereof, and the Administrative Agent shall promptly notify the Swing Line Lenders thereof. Upon receipt of notice of a request for a Swing Line Loan from the Administrative Agent, each Swing Line Lender shall make its Swing Line Pro Rata Share of such borrowing available to such Borrower, on the Borrowing Date requested by such Borrower, by transferring such amount by wire or book entry to the account of such Borrower such Swing Line Loan in immediately available funds.

Procedure for Swing Line Borrowing. Whenever a Borrower desires that the Swing Line Lenders make Swing Line Loans under Section 2.13, the Borrower (or the applicable Registrant of which it is a series) shall give the Swing Line Agent irrevocable telephonic notice confirmed promptly in writing, by facsimile or other mutually acceptable electronic transmission medium, to the attention of: JPMORGAN CHASE BANKJPMorgan Chase Bank, N.A. 500 000 Xxxxxxx Xxxxxxxxxx Xx. NCC5 / 1st Floor NewarkXxxxxx, DE 19713 XX 00000 Attention: Loan & Agency Services Group Attention: Axxxxx Xxxxxx Tel: 300-000-0000 00000000000 Fax: 300-(000) 000-0000 Email: Axxxxx.Xxxxxx@xxxxx.xxx xxxxxx.xxxx@xxxxx.xxx or such other person or persons which may be designated by the Swing Line Agent from time to time (which telephonic notice must be received by the Swing Line Agent not later than 4:00 P.M., New York City time, on the proposed Borrowing Date, and which written confirmation must be received by the Swing Line Agent on the proposed Borrowing Date in form and substance satisfactory to the Swing Line Agent), specifying the amount of each requested Swing Line Loan. Each borrowing under the Swing Line Commitment shall be in an amount equal to $250,000 or an integral multiple of $100,000 in excess thereof. Upon receipt of any such notice from a Borrower (or the applicable Registrant), the Swing Line Agent shall promptly notify the Administrative Agent thereof, and the Administrative Agent shall promptly notify the Swing Line Lenders thereof. Upon receipt of notice of a request for a Swing Line Loan from the Administrative Agent, each Swing Line Lender shall make its Swing Line Pro Rata Share of such borrowing available to such Borrower, on the Borrowing Date requested by such Borrower, by transferring such amount by wire or book entry to the account of such Borrower such Swing Line Loan in immediately available funds.

Procedure for Swing Line Borrowing. Interest on Swing Line Loans. Whenever a Borrower desires the Borrowers desire that the Swing Line Lenders Lender make Swing Line Loans under Section 2.132.18, the Borrower (or the applicable Registrant of which it is a series) American Ski shall give the Swing Line Agent Lender irrevocable telephonic notice confirmed promptly in writing, writing by facsimile delivery of a Notice of Revolving Credit or other mutually acceptable electronic transmission medium, to the attention of: JPMORGAN CHASE BANK, N.A. 500 Xxxxxxx Xxxxxxxxxx Xx. NCC5 / 1st Floor Newark, DE 19713 Attention: Loan & Agency Services Group Attention: Axxxxx Xxxxxx Tel: 300-000-0000 Fax: 300-000-0000 Email: Axxxxx.Xxxxxx@xxxxx.xxx or such other person or persons which may be designated by the Swing Line Agent from time to time Borrowing (which telephonic notice must be received by the Swing Line Agent Lender not later than 4:00 1:00 P.M., New York City Boston time, on the proposed Borrowing Date, and which written confirmation must be received by the Swing Line Agent on the proposed Borrowing Date in form and substance satisfactory to the Swing Line Agentborrowing date), specifying (a) the amount of each requested Swing Line Loan. Each borrowing under the Swing Line Commitment shall to be in an amount equal to $250,000 or an integral multiple of $100,000 in excess thereof. Upon receipt of any borrowed, (b) whether such notice from a Borrower (or the applicable Registrant), the Swing Line Agent shall promptly notify the Administrative Agent thereof, and the Administrative Agent shall promptly notify the Swing Line Lenders thereof. Upon receipt of notice of a request for a Swing Line Loan from is requested to be a Money Market Loan or a Base Rate Loan and (c) the Administrative Agentrequested borrowing date (which shall be a Business Day prior to the Revolving Credit Termination Date); and not later than 3:00 P.M., each Boston time, on the borrowing date specified in the notice in respect of Swing Line Loans, the Swing Line Lender shall make its Swing Line Pro Rata Share the proceeds of such borrowing available to such Borrower, on the Borrowing Date requested by such Borrower, by transferring such amount by wire or book entry to the account of such Borrower such Swing Line Loan available to American Ski, as agent for the Borrowers on such borrowing date in immediately available fundsaccordance with the instructions of ASC East; provided, however, that the provisions of the cash management arrangements between the Borrowers and the Swing Line Lender, including any provisions relating to automatic Swing Line Loans to fund daily disbursements under a Borrower's controlled disbursement account shall supersede the foregoing requirements. The Borrowers, jointly and severally, shall pay interest on the unpaid balance of the Swing Line Loans from time to time outstanding at a per annum rate equal to the Applicable Base Rate or the Money Market Rate as agreed to by the Swing Line Lender and the Borrower at the time of making the Swing Line Loan. Interest on the Swing Line Loans shall be payable quarterly in arrears on the first day of the month following the end of each fiscal quarter, commencing November 1, 1999 and continuing until all of the Indebtedness of the Borrowers to the Swing Line Lender hereunder shall have been paid in full.

Procedure for Swing Line Borrowing. Whenever a Borrower desires that the Swing Line Lenders Lender make Swing Line Loans under Section 2.13, the Borrower (or the applicable Registrant Fund of which it is a seriesan investment portfolio) shall give the Swing Line Agent Lender irrevocable telephonic notice confirmed promptly in writing, by facsimile or other mutually acceptable electronic transmission medium, to the attention ofof Xxxxxxx X. Xxxx at facsimile number: JPMORGAN CHASE BANK, N.A. 500 Xxxxxxx Xxxxxxxxxx Xx. NCC5 / 1st Floor Newark, DE 19713 Attention: Loan & Agency Services Group Attention: Axxxxx Xxxxxx Tel: 300000-000-0000 Fax: 300-000-0000 Email: Axxxxx.Xxxxxx@xxxxx.xxx or such other person or persons which may be designated by the Swing Line Agent Lender from time to time (which telephonic notice must be received by the Swing Line Agent Lender not later than 4:00 P.M., New York City time, on the proposed Borrowing Date, and which written confirmation must be received by the Swing Line Agent Lender on the proposed Borrowing Date in form and substance satisfactory to the Swing Line AgentLender), specifying the amount of each requested Swing Line Loan. Each borrowing under the Swing Line Commitment shall be in an amount equal to $250,000 50,000 or an integral multiple of $100,000 50,000 in excess thereof. Upon receipt of any such notice from a Borrower (or the applicable RegistrantFund on its behalf), the Swing Line Agent Lender shall promptly notify the Administrative Agent thereof, and the Administrative Agent shall promptly notify the Swing Line Lenders thereof. Upon receipt of notice of a request for a Swing Line Loan from the Administrative Agent, each The Swing Line Lender shall make its Swing Line Pro Rata Share the amount of such borrowing available to such the Borrower, on the Borrowing Date requested by such Borrower, by transferring such amount by wire or book entry to the appropriate custodian of and for the account of such Borrower such Swing Line Loan in immediately available funds.

Procedure for Swing Line Borrowing. Whenever a Borrower desires that the Swing Line Lenders make Swing Line Loans under Section 2.13, the Borrower (or the applicable Registrant of which it is a series) shall give the Swing Line Agent irrevocable telephonic notice confirmed promptly in writing, by facsimile or other mutually acceptable electronic transmission medium, to the attention of: JPMORGAN CHASE BANK, N.A. 500 Xxxxxxx Xxxxxxxxxx Xx. NCC5 / 1st Floor Newark, DE 19713 Attention: Loan & Agency Services Group Attention: Axxxxx Xxxxxx Jxxxxx Xxxxxx/Exxxx Xxxx Tel: 300-000-0000 FaxTel: 300900-000-0000 Email: Axxxxx.Xxxxxx@xxxxx.xxx jxxxxx.xxxxxx@xxxxx.xxx Email: Exxxx.xxxx@xxxxxxxx.xxx or such other person or persons which may be designated by the Swing Line Agent from time to time (which telephonic notice must be received by the Swing Line Agent not later than 4:00 1:00 P.M., New York City time, on the proposed Borrowing Date, and which written confirmation must be received by the Swing Line Agent on the proposed Borrowing Date in form and substance satisfactory to the Swing Line Agent), specifying the amount of each requested Swing Line Loan. Each borrowing under the Swing Line Commitment shall be in an amount equal to $250,000 or an integral multiple of $100,000 in excess thereof. Upon receipt of any such notice from a Borrower (or the applicable Registrant), the Swing Line Agent shall promptly notify the Administrative Agent thereof, and the Administrative Agent shall promptly notify the Swing Line Lenders thereof. Upon receipt of notice of a request for a Swing Line Loan from the Administrative Agent, each Swing Line Lender shall make its Swing Line Pro Rata Share of such borrowing available to such Borrower, on the Borrowing Date requested by such Borrower, by transferring such amount by wire or book entry to the account of such Borrower such Swing Line Loan in immediately available funds.

Procedure for Swing Line Borrowing. Refunding of Swing Line --------------------------------------------------------------- Loans. ----- Whenever a such Borrower desires that the Swing Line Lenders Bank make Swing Line Loans under Section 2.13, the Borrower (or the applicable Registrant of which it is a series) shall give the Swing Line Agent Bank irrevocable telephonic notice confirmed promptly in writing, by facsimile or other mutually acceptable electronic transmission medium, to the attention of: JPMORGAN CHASE BANK, N.A. 500 Xxxxxxx Xxxxxxxxxx Xx. NCC5 / 1st Floor Newark, DE 19713 Attention: Loan & Agency Services Group Attention: Axxxxx Xxxxxx Tel: 300-000-0000 Fax: 300-000-0000 Email: Axxxxx.Xxxxxx@xxxxx.xxx or such other person or persons which may be designated by the Swing Line Agent from time to time writing (which telephonic notice must be received by the Swing Line Agent Bank not later than 4:00 P.M., New York City time, 11:00 A.M. on a Business Day on the proposed Borrowing Date, and which written confirmation must be received by the Swing Line Agent on the proposed Borrowing Date in form and substance satisfactory to the Swing Line Agentborrowing date), specifying (i) the amount of each to be borrowed and (ii) the requested Swing Line Loanborrowing date (which shall be a Business Day during the Commitment Period). Each borrowing under the Swing Line Commitment shall be in an amount equal to $250,000 or an integral a whole multiple of $100,000 250,000 in excess thereof. Upon receipt Not later than 1:00 P.M. on a Business Day on the borrowing date specified in a notice in respect of any such notice from a Borrower (or the applicable Registrant)Swing Line Loans, the Swing Line Agent Bank shall promptly notify make available to the Administrative Agent thereofAgent, and at the address set forth opposite the Administrative Agent's name on the signature page hereof or at such account in London as the Administrative Agent shall promptly notify specify to such Borrower and the Banks, an amount in immediately available funds equal to the amount of the Swing Line Lenders thereofLoan to be made by the Swing Line Bank. Upon receipt The Administrative Agent shall make the proceeds of notice of a request for a such Swing Line Loan available to such Borrower on such borrowing date in immediately available funds. The Swing Line Bank, at any time and from time to time in its sole and absolute discretion may, on behalf of such Borrower (which hereby irrevocably directs the Swing Line Bank to act on its behalf), on one Business Day's notice given by the Swing Line Bank no later than 11:00 A.M. on a Business Day, request each Bank to make, and each Bank hereby agrees to make, a Loan in an amount equal to such Bank's Commitment Percentage of the aggregate amount of the Swing Line Loans (the "Refunded Swing Line Loans") outstanding on the date of such notice, to repay the Swing Line Bank. Each Bank shall make the amount of such Loan available to the Administrative Agent at the Administrative Agent's funding office in immediately available funds, not later than 1:00 on a Business Day, one Business Day after the date of such notice. The proceeds of such Loans shall be immediately made available by the Administrative Agent to the Swing Line Bank for application by the Swing Line Bank to the repayment of the Refunded Swing Line Loans. Such Borrower irrevocably authorizes the Swing Line Bank to charge such Borrower's accounts with the Administrative Agent (up to the amount available in each such account) in order to immediately pay the amount of such Refunded Swing Line Loans to the extent amounts received from the Banks are not sufficient to repay in full such Refunded Swing Line Loans. If prior to the time a Loan would have otherwise been made pursuant to Section 2.6(b), one of the events described in Section 8(d) shall have occurred and be continuing with respect to such Borrower or if for any other reason, as determined by the Swing Line Bank in its sole discretion, Loans may not be made as contemplated by Section 2.6(b), each Bank shall, on the date such Loan was to have been made pursuant to the notice referred to in Section 2.6(b) (the "Refunding Date"), purchase for cash an undivided participating interest in the then outstanding Swing Line Lender shall make Loans by paying to the Swing Line Bank an amount (the "Swing Line Participation Amount") equal to (i) such Bank's Commitment Percentage times (ii) the sum of the aggregate principal amount of Swing Line Loans then outstanding which were to have been repaid with such Loans. Whenever, at any time after the Swing Line Bank has received from any Bank such Bank's Swing Line Participation Amount, the Swing Line Bank receives any payment on account of the Swing Line Loans, the Swing Line Bank will distribute to such Bank its Swing Line Pro Rata Share Participation Amount (appropriately adjusted, in the case of interest payments, to reflect the period of time during which such Bank's participating interest was outstanding and funded and, in the case of principal and interest payments, to reflect such Bank's pro rata portion of such borrowing available payment if such payment is not sufficient to pay the principal of and interest on all Swing Line Loans then due); provided, however, that in the event that such payment received by the Swing Line Bank is required to be returned, such Bank will return to the Swing Line Bank any portion thereof previously distributed to it by the Swing Line Bank. Each Bank's obligation to make the Loans referred to in Section 2.6(b) and to purchase participating interests pursuant to Section 2.6(c) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any setoff, counterclaim, recoupment, defense or other right which such Bank or such Borrower may have against the Swing Line Bank, such Borrower or any other Person for any reason whatsoever; (ii) the occurrence or continuance of a Default or an Event of Default or the failure to satisfy any of the other conditions specified in Section 5; (iii) any adverse change in the condition (financial or otherwise) of such Borrower, on the Borrowing Date requested ; (iv) any breach of this Agreement or any other Loan Document by such Borrower, by transferring such amount by wire any other party to this credit facility or book entry any other Bank; or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the account of such Borrower such Swing Line Loan in immediately available fundsforegoing.