Common use of Refunding of or Participation Interest in Swing Line Advances Clause in Contracts

Refunding of or Participation Interest in Swing Line Advances. (i) The Administrative Agent, at any time in its sole and absolute discretion, may, in each case on behalf of the Borrower (which hereby irrevocably directs the Administrative Agent to act on their behalf) request each of the Lenders (including the Swing Line Lender in its capacity as a Lender) to make an Advance of the Revolving Loan to Borrower, in an amount equal to such Lender’s Pro Rata Share of the Commitment of the aggregate principal amount of the Swing Line Advances outstanding on the date such notice is given (the “Refunded Swing Line Advances”). The applicable Revolving Loan Advances used to refund any Swing Line Advances shall be Alternate Base Rate Advances. In connection with the making of any such Refunded Swing Line Advances or the purchase of a participation interest in Swing Line Advances under Section 2.9(c)(ii) hereof, the Swing Line Lender shall retain its claim against Borrower for any unpaid interest or fees in respect thereof accrued to the date of such refunding. Unless any of the events described in Section 9.1(j) hereof shall have occurred (in which event the procedures of Section 2.9(c)(ii) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Loan Advance are then satisfied (but subject to Section 2.9(c)(iii)), each Lender shall make the proceeds of its Revolving Loan Advance available to the Administrative Agent for the benefit of the Swing Line Lender at the office of the Administrative Agent specified in Section 2.1(c) hereof prior to 12:00 p.m. California time on the Banking Day next succeeding the date such notice is given (which must be a Banking Day), in immediately available funds. The proceeds of such Revolving Loan Advances shall be immediately applied to repay the Refunded Swing Line Advances.

Appears in 2 contracts

Samples: Revolving Loan Agreement (Viasat Inc), Revolving Loan Agreement (Viasat Inc)

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Refunding of or Participation Interest in Swing Line Advances. (i) The Administrative Agent, at any time in its sole and absolute discretion, may, in each case on behalf of the Borrower (which hereby irrevocably directs the Administrative Agent to act on their behalf) request each of the Revolving Lenders (including the Swing Line Lender in its capacity as a Lender) to make an Advance of the Revolving Loan to Borrower, in an amount equal to such Lender’s Pro Rata Share of the Revolving Commitment of the aggregate principal amount of the Swing Line Advances outstanding on the date such notice is given (the “Refunded Swing Line Advances”). The applicable Revolving Loan Advances used to refund any Swing Line Advances shall be Alternate Base Rate Advances. In connection with the making of any such Refunded Swing Line Advances or the purchase of a participation interest in Swing Line Advances under Section 2.9(c)(ii) hereof, the Swing Line Lender shall retain its claim against Borrower for any unpaid interest or fees in respect thereof accrued to the date of such refunding. Unless any of the events described in Section 9.1(j) hereof shall have occurred (in which event the procedures of Section 2.9(c)(ii) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Loan Advance are then satisfied (but subject to Section 2.9(c)(iii)), each Revolving Lender shall make the proceeds of its Revolving Loan Advance available to the Administrative Agent for the benefit of the Swing Line Lender at the office of the Administrative Agent specified in Section 2.1(c) hereof prior to 12:00 p.m. California time on the Banking Day next succeeding the date such notice is given (which must be a Banking Day), in immediately available funds. The proceeds of such Revolving Loan Advances shall be immediately applied to repay the Refunded Swing Line Advances.

Appears in 1 contract

Samples: Revolving Loan Agreement (Viasat Inc)

Refunding of or Participation Interest in Swing Line Advances. (i) The Administrative Agent, at any time in its sole and absolute discretion, may, in each case on behalf of the Borrower Borrowers (which hereby irrevocably directs direct the Administrative Agent to act on their behalf) request each of the Revolving Credit Lenders (including the Swing Line Lender in its capacity as a Revolving Credit Lender) to make an Advance of the Revolving Loan Credit to Borrowerthe Borrowers, in an amount equal to such Revolving Credit Lender’s Pro Rata Share of the Commitment Revolving Credit Percentage of the aggregate principal amount of the Swing Line Advances outstanding on the date such notice is given (the “Refunded Swing Line Advances”). The applicable Revolving Loan Credit Advances used to refund any Swing Line Advances shall be Alternate Base Rate Advances. In connection with the making of any such Refunded Swing Line Advances or the purchase of a participation interest in Swing Line Advances under Section 2.9(c)(ii) hereof2.5(e)(ii), the Swing Line Lender shall retain its claim against Borrower the Borrowers for any unpaid interest or fees in respect thereof accrued to the date of such refunding. Unless any of the events described in Section 9.1(j9.1(i) hereof shall have occurred (in which event the procedures of Section 2.9(c)(ii2.5(e)(ii) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Loan Credit Advance are then satisfied (but subject to Section 2.9(c)(iii2.5(e)(iii)), each Revolving Credit Lender shall make the proceeds of its Revolving Loan Credit Advance available to the Administrative Agent for the benefit of the Swing Line Lender at the office of the Administrative Agent specified in Section 2.1(c2.4(a) hereof prior to 12:00 p.m. California time 11:00 a.m. (Detroit, Michigan time) on the Banking Business Day next succeeding the date such notice is given (which must be a Banking Day)given, in immediately available funds. The proceeds of such Revolving Loan Credit Advances shall be immediately applied to repay the Refunded Swing Line Advances, subject to Section 11.1.

Appears in 1 contract

Samples: And Term Loan Agreement (RetailMeNot, Inc.)

Refunding of or Participation Interest in Swing Line Advances. (i) The Administrative Agent, at any time in its sole and absolute discretion, may, in each case on behalf of the US Borrower (which hereby irrevocably directs the Administrative Agent to act on their its behalf) request each of the Lenders (including the Swing Line Lender in its capacity as a LenderLender under the Revolving Credit) to make an Advance of the Revolving Loan Credit to Borrower, the US Borrower in an amount equal to such Lender’s Pro Rata Share of the Commitment Percentage of the aggregate principal amount of the Swing Line Advances outstanding on the date such notice is given (the "Refunded Swing Line Advances"). The applicable Revolving Loan Advances used to refund any Swing Line Advances shall be Alternate Base Rate Advances. In connection with the making of any such Refunded Swing Line Advances or the purchase of a participation interest in Swing Line Advances under Section 2.9(c)(ii2.6(e)(ii) hereof, the Swing Line Lender shall retain its claim against the US Borrower for any unpaid interest or fees in respect thereof accrued to the date of such refunding. Unless any of the events described in Section 9.1(j8.1(i) hereof shall have occurred (in which event the procedures of Section 2.9(c)(ii2.6(e)(ii) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Loan Credit Advance are then satisfied (but subject to Section 2.9(c)(iii2.6(e)(iii)), each Lender shall make the proceeds of its Revolving Loan Credit Advance available to the Administrative Agent for the benefit of the Swing Line Lender at the office of the Administrative Agent specified in Section 2.1(c) hereof prior to 12:00 p.m. California 11:00 a.m. Eastern Standard time on the Banking Business Day next succeeding the date such notice is given (which must be a Banking Day)given, in immediately available funds. The proceeds of such Revolving Loan Credit Advances shall be immediately applied to repay the Refunded Swing Line Advances.

Appears in 1 contract

Samples: Credit Agreement (Unique Fabricating, Inc.)

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Refunding of or Participation Interest in Swing Line Advances. (i) The Administrative Agent, at any time in its sole and absolute discretion, maymay (or, in each case upon the request of the Swing Line Bank, shall) on behalf of the Borrower Company (which hereby irrevocably directs the Administrative Agent to act on their its behalf) request each of the Lenders Banks (including the Swing Line Lender Bank in its capacity as a LenderBank) to make an Advance of the Revolving Loan Credit to BorrowerCompany, in an amount equal to such LenderBank’s Pro Rata Share Percentage of the Commitment of the aggregate principal amount of the aggregate Swing Line Advances outstanding on the date such notice is given (the “Refunded Swing Line Advances”). The In the case of each Refunded Swing Line Advance, the applicable Advance of the Revolving Loan Advances Credit used to refund any such Swing Line Advances Advance shall be Alternate a Base Rate AdvancesAdvance. In connection with the making of any such Refunded Swing Line Advances or the purchase of a participation interest in Swing Line Advances under Section 2.9(c)(ii2.5(e)(ii) hereof, the Swing Line Lender Bank shall retain its claim against Borrower the Company for any unpaid interest or fees in respect thereof accrued to the date of such refunding. Unless any of the events described in Section 9.1(j) hereof shall have occurred (in which event the procedures of subparagraph (ii) of this Section 2.9(c)(ii2.5(e) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a an Advance of the Revolving Loan Advance Credit are then satisfied (but subject to Section 2.9(c)(iii)2.5(e)(iii), each Lender Bank shall make the proceeds of its Advance of the Revolving Loan Advance Credit available to the Administrative Agent for the benefit of the Swing Line Lender Bank at the office of the Administrative Agent specified in Section 2.1(c2.4(a) hereof prior to 12:00 p.m. California 11:00 a.m. Detroit time on the Banking Business Day next succeeding the date such notice is given (which must be a Banking Day), in immediately available funds. The proceeds of such Advances of the Revolving Loan Advances Credit shall be immediately applied to repay the Refunded Swing Line Advances.Advances subject to Section 10.1 hereof. Detroit_3438916_18_

Appears in 1 contract

Samples: Credit Agreement (Credit Acceptance Corp)

Refunding of or Participation Interest in Swing Line Advances. (i) The Administrative Agent, at any time in its sole and absolute discretion, may, in each case on behalf of the US Borrower (which hereby irrevocably directs the Administrative Agent to act on their its behalf) request each of the Lenders (including the Swing Line Lender in its capacity as a LenderLender under the Revolving Credit) to make an Advance of the Revolving Loan Credit to Borrower, the US Borrower in an amount equal to such Lender’s Pro Rata Share of the Commitment Percentage of the aggregate principal amount of the Swing Line Advances outstanding on the date such notice is given (the “Refunded Swing Line Advances”). The applicable Revolving Loan Advances used to refund any Swing Line Advances shall be Alternate Base Rate Advances. In connection with the making of any such Refunded Swing Line Advances or the purchase of a participation interest in Swing Line Advances under Section 2.9(c)(ii2.6(e)(ii) hereof, the Swing Line Lender shall retain its claim against the US Borrower for any unpaid interest or fees in respect thereof accrued to the date of such refunding. Unless any of the events described in Section 9.1(j8.1(i) hereof shall have occurred (in which event the procedures of Section 2.9(c)(ii2.6(e)(ii) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Loan Credit Advance are then satisfied (but subject to Section 2.9(c)(iii2.6(e)(iii)), each Lender shall make the proceeds of its Revolving Loan Credit Advance available to the Administrative Agent for the benefit of the Swing Line Lender at the office of the Administrative Agent specified in Section 2.1(c) hereof prior to 12:00 p.m. California 11:00 a.m. Eastern Standard time on the Banking Business Day next succeeding the date such notice is given (which must be a Banking Day)given, in immediately available funds. The proceeds of such Revolving Loan Credit Advances shall be immediately applied to repay the Refunded Swing Line Advances.

Appears in 1 contract

Samples: Credit Agreement (Unique Fabricating, Inc.)

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