Common use of Refinancing of Domestic Swing Line Loans Clause in Contracts

Refinancing of Domestic Swing Line Loans. (A) Unless the Company has repaid any Domestic Swing Line Loan then outstanding by 11 a.m. on the tenth Business Day after such Loan was made (the “Swing Line Repayment Date”), the Domestic Swing Line Lender or the Administrative Agent shall, no later than 12 noon on the Swing Line Repayment Date, or at any time prior thereto in its sole discretion may, request, on behalf of the Company (which hereby irrevocably authorizes the Domestic Swing Line Lender to so request on its behalf), that each U.S. Dollar Lender make a Base Rate Committed Loan in Dollars to the Company in an amount equal to such Lender’s Applicable U.S. Dollar Percentage of the amount of Domestic Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Dollar Commitments and the conditions set forth in Section 4.02. The Domestic Swing Line Lender shall furnish the Company with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each U.S. Dollar Lender shall make an amount equal to its Applicable U.S. Dollar Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Domestic Swing Line Loan) for the account of the Domestic Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments, not later than 1:00 p.m. on the Swing Line Repayment Date, whereupon, subject to Section 2.05(a)(iii)(B), each U.S. Dollar Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the Company in such amount. The Administrative Agent shall remit the funds so received to the Domestic Swing Line Lender.

Appears in 5 contracts

Samples: Assignment and Assumption (Host Hotels & Resorts, Inc.), Pledge and Security Agreement (Host Hotels & Resorts L.P.), Pledge and Security Agreement (Host Hotels & Resorts L.P.)

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Refinancing of Domestic Swing Line Loans. (Ai) Unless the Company has repaid any Domestic Swing Line Loan then outstanding by 11 a.m. on the tenth Business Day after such Loan was made (the “Swing Line Repayment Date”), the The Domestic Swing Line Lender or the Administrative Agent shall, no later than 12 noon on the Swing Line Repayment Date, or at any time prior thereto in its sole and absolute discretion may, may request, on behalf of the Company applicable Borrower (which hereby irrevocably authorizes the Domestic Swing Line Lender to so request on its behalf), that each U.S. Dollar Revolving Lender make a Revolving Loan that is Base Rate Committed Loan in Dollars to the Company in an amount equal to such Lender’s Applicable U.S. Percentage of the US Dollar Percentage Equivalent of the amount of any Domestic Swing Line Loans Loan then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Dollar Commitments and the conditions set forth in Section 4.025.02 (other than the delivery of a Loan Notice) and provided that, after giving effect to such Borrowing, the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. The Domestic Swing Line Lender shall furnish the Company applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each U.S. Dollar Revolving Lender shall make an amount in US Dollars equal to its Applicable U.S. Dollar Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Domestic Swing Line Loan) for the account of the Domestic Swing Line Lender at the Administrative Agent’s Office for US Dollar-denominated payments, deposits not later than 1:00 p.m. on the Swing Line Repayment Dateday specified in such Loan Notice, whereupon, subject to Section 2.05(a)(iii)(B2.04(c)(ii), each U.S. Dollar Revolving Lender that so makes funds available shall be deemed to have made a Revolving Loan that is a Base Rate Committed Loan to the Company applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Domestic Swing Line LenderLender in US Dollars.

Appears in 1 contract

Samples: Credit Agreement (Brightpoint Inc)

Refinancing of Domestic Swing Line Loans. (Ai) Unless the Company has repaid any Domestic Swing Line Loan then outstanding by 11 a.m. on the tenth Business Day after such Loan was made (the “Swing Line Repayment Date”), the The Domestic Swing Line Lender or the Administrative Agent shall, no later than 12 noon on the Swing Line Repayment Date, or at any time prior thereto in its sole and absolute discretion may, may request, on behalf of the Company applicable Borrower (which hereby irrevocably authorizes the Domestic Swing Line Lender to so request on its behalf), that each U.S. Dollar Lender make a Revolving Loan that is Base Rate Committed Loan in Dollars to the Company in an amount equal to such Lender’s Applicable U.S. Percentage of the US Dollar Percentage Equivalent of the amount of any Domestic Swing Line Loans Loan then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Dollar Commitments and the conditions set forth in Section 4.025.02 (other than the delivery of a Loan Notice) and provided that, after giving effect to such Borrowing, the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. The Domestic Swing Line Lender shall furnish the Company applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each U.S. Dollar Lender shall make an amount in US Dollars equal to its Applicable U.S. Dollar Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Domestic Swing Line Loan) for the account of the Domestic Swing Line Lender at the Administrative Agent’s Office for US Dollar-denominated payments, deposits not later than 1:00 p.m. on the Swing Line Repayment Dateday specified in such Loan Notice, whereupon, subject to Section 2.05(a)(iii)(B2.04(c)(ii), each U.S. Dollar Lender that so makes funds available shall be deemed to have made a Revolving Loan that is a Base Rate Committed Loan to the Company applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Domestic Swing Line LenderLender in US Dollars.

Appears in 1 contract

Samples: Credit Agreement (Brightpoint Inc)

Refinancing of Domestic Swing Line Loans. (A) Unless the Company has repaid any Domestic Swing Line Loan then outstanding by 11 a.m. on the tenth Business Day after such Loan was made (the “Swing Line Repayment Date”), the Each Domestic Swing Line Lender or the Administrative Agent shall, no later than 12 noon on the Swing Line Repayment Date, or at any time prior thereto in its sole discretion may, may request, on behalf of the Company Xxxxx (which hereby irrevocably authorizes the each Domestic Swing Line Lender to so request on its behalf), that each U.S. Dollar Domestic Lender make a Domestic Revolving Loan that is a Domestic Base Rate Committed Loan in Dollars to the Company in an amount equal to such Domestic Lender’s Applicable U.S. Dollar Percentage of the amount of such Domestic Swing Line Lender’s Domestic Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Domestic Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Domestic Revolving Loans that are Domestic Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Dollar Domestic Commitments and the conditions set forth in Section 4.02. The applicable Domestic Swing Line Lender shall furnish the Company Ryder with a copy of the applicable Committed Domestic Loan Notice promptly after delivering such notice to the Administrative Agent. Each U.S. Dollar Domestic Lender shall make an amount equal to its Applicable U.S. Dollar Percentage of the amount specified in such Committed Domestic Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Domestic Swing Line Loan) for the account of the applicable Domestic Swing Line Lender at the Head Office for the Administrative Agent’s Office Agent for Dollar-denominated payments, payments not later than 1:00 p.m. on the Swing Line Repayment Dateday specified in such Domestic Loan Notice, whereupon, subject to Section 2.05(a)(iii)(B2.04(c)(i)(B), each U.S. Dollar Domestic Lender that so makes funds available shall be deemed to have made a Domestic Revolving Loan that is a Domestic Base Rate Committed Loan to the Company Ryder in such amount. The Administrative Agent shall remit the funds so received to the applicable Domestic Swing Line Lender.

Appears in 1 contract

Samples: Global Revolving Credit Agreement (Ryder System Inc)

Refinancing of Domestic Swing Line Loans. (Ai) Unless the Company has repaid any Domestic Swing Line Loan then outstanding by 11 a.m. on the tenth Business Day after such Loan was made (the “Swing Line Repayment Date”), the The Domestic Swing Line Lender or the Administrative Agent shall, no later than 12 noon on the Swing Line Repayment Date, or at any time prior thereto in its sole and absolute discretion may, may request, on behalf of the Company applicable Borrower (which and such Borrower hereby irrevocably authorizes the Domestic Swing Line Lender to so request on its behalf), that each U.S. Dollar Revolving Lender make a Committed Revolving Loan that is a Base Rate Committed Loan in Dollars to the Company in an amount equal to such Lender’s Applicable U.S. Dollar 's Revolving Commitment Percentage of the amount of Domestic Swing Line Loans then outstanding. Such request shall be made by the Domestic Swing Line Lender in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Dollar Revolving Commitments and or the conditions set forth in Section 4.025.02. The Domestic Swing Line Lender shall furnish the Company applicable Borrower with a copy of the applicable Committed such Loan Notice promptly after delivering such notice to the Administrative Agent. Each U.S. Dollar Revolving Lender shall make an amount equal to its Applicable U.S. Dollar Revolving Commitment Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Domestic Swing Line Loan) for the account of the Domestic Swing Line Lender at the Administrative Agent’s 's Office for Dollar-denominated payments, not later than 1:00 p.m. on the Swing Line Repayment Dateday specified in such Loan Notice, whereupon, subject to Section 2.05(a)(iii)(B2.09(b)(ii), each U.S. Dollar Revolving Lender that so makes funds available shall be deemed to have made a Committed Revolving Loan that is a Base Rate Committed Loan to the Company applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Domestic Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Fresenius Medical Care Holdings Inc /Ny/)

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Refinancing of Domestic Swing Line Loans. (Ai) Unless the Company has repaid any Domestic Swing Line Loan then outstanding by 11 a.m. on the tenth Business Day after such Loan was made (the “Swing Line Repayment Date”), the Each Domestic Swing Line Lender or the Administrative Agent shall, no later than 12 noon on the Swing Line Repayment Date, or at any time prior thereto in its sole and absolute discretion may, may request, on behalf of the Company applicable Borrower or Borrowers (which and such Borrowers hereby irrevocably authorizes authorize the Domestic Swing Line Lender Lenders to so request on its behalf), that each U.S. Dollar Revolving Lender make a Committed Revolving Loan that is a Base Rate Committed Loan in Dollars to the Company in an amount equal to such Lender’s Applicable U.S. Dollar Revolving Commitment Percentage of the amount of Domestic Swing Line Loans made by such Domestic Swing Line Lender then outstanding. Such request shall be made by the applicable Domestic Swing Line Lender in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Dollar Revolving Commitments and or the conditions set forth in Section 4.025.02. The applicable Domestic Swing Line Lender shall furnish the Company applicable Borrower or Borrowers with a copy of the applicable Committed such Loan Notice promptly after delivering such notice to the Administrative Agent. Each U.S. Dollar Revolving Lender shall make an amount equal to its Applicable U.S. Dollar Revolving Commitment Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Domestic Swing Line Loan) for the account of the applicable Domestic Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments, not later than 1:00 p.m. on the Swing Line Repayment Dateday specified in such Loan Notice, whereupon, subject to Section 2.05(a)(iii)(B2.09(b)(ii), each U.S. Dollar Revolving Lender that so makes funds available shall be deemed to have made a Committed Revolving Loan that is a Base Rate Committed Loan to the Company applicable Borrower or Borrowers in such amount. The Administrative Agent shall remit the funds so received to the applicable Domestic Swing Line Lender.

Appears in 1 contract

Samples: Bank Credit Agreement (Fresenius Medical Care AG & Co. KGaA)

Refinancing of Domestic Swing Line Loans. (A) Unless the Company has repaid any Domestic Swing Line Loan then outstanding by 11 a.m. on the tenth Business Day after such Loan was made (the “Swing Line Repayment Date”), the Each Domestic Swing Line Lender or the Administrative Agent shall, no later than 12 noon on the Swing Line Repayment Date, or at any time prior thereto in its sole discretion may, may request, on behalf of the Company Ryder (which hereby irrevocably authorizes the each Domestic Swing Line Lender to so request on its behalf), that each U.S. Dollar Domestic Lender make a Domestic Revolving Loan that is a Domestic Base Rate Committed Loan in Dollars to the Company in an amount equal to such Domestic Lender’s Applicable U.S. Dollar Percentage of the amount of such Domestic Swing Line Lender’s Domestic Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Domestic Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Domestic Revolving Loans that are Domestic Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Dollar Domestic Commitments and the conditions set forth in Section 4.02. The applicable Domestic Swing Line Lender shall furnish the Company Ryder with a copy of the applicable Committed Domestic Loan Notice promptly after delivering such notice to the Administrative Agent. Each U.S. Dollar Domestic Lender shall make an amount equal to its Applicable U.S. Dollar Percentage of the amount specified in such Committed Domestic Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Domestic Swing Line Loan) for the account of the applicable Domestic Swing Line Lender at the Head Office for the Administrative Agent’s Office Agent for Dollar-denominated payments, payments not later than 1:00 p.m. on the Swing Line Repayment Dateday specified in such Domestic Loan Notice, whereupon, subject to Section 2.05(a)(iii)(B2.04(c)(i)(B), each U.S. Dollar Domestic Lender that so makes funds available shall be deemed to have made a Domestic Revolving Loan that is a Domestic Base Rate Committed Loan to the Company Ryder in such amount. The Administrative Agent shall remit the funds so received to the applicable Domestic Swing Line Lender.

Appears in 1 contract

Samples: Global Revolving Credit Agreement (Ryder System Inc)

Refinancing of Domestic Swing Line Loans. (Ai) Unless the Company has repaid any Domestic Swing Line Loan then outstanding by 11 a.m. on the tenth Business Day after such Loan was made (the “Swing Line Repayment Date”), the The Domestic Swing Line Lender or the Administrative Agent shall, no later than 12 noon on the Swing Line Repayment Date, or at any time prior thereto in its sole and absolute discretion may, may request, on behalf of the Company Borrower (which hereby irrevocably authorizes the Domestic Swing Line Lender to so request on its behalf), that each U.S. Dollar Lender make a Base Rate Committed Loan in Dollars to the Company in an amount equal to such Lender’s Applicable U.S. Dollar Percentage of the amount of Domestic Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Dollar Commitments and the conditions set forth in Section 4.02Commitments. The Domestic Swing Line Lender shall furnish the Company Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each U.S. Dollar Lender shall make an amount equal to its Applicable U.S. Dollar Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Domestic Swing Line Loan) for the account of the Domestic Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments, payments not later than 1:00 p.m. on the Swing Line Repayment Dateday specified in such Committed Loan Notice, whereupon, subject to Section 2.05(a)(iii)(B2.04(c)(ii), each U.S. Dollar Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the Company Borrower in such amount. The Administrative Agent shall remit the funds so received to the Domestic Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Dade Behring Holdings Inc)

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