Common use of Refunding of Swing Line Loans Clause in Contracts

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i) shall have occurred (in which event the procedures of Section 1.1(c)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 p.m. (Chicago time), in immediately available funds on the Business Day that such notice is given. The proceeds of such Revolving Credit Advances shall be immediately applied to repay the Refunded Swing Line Loan.

Appears in 3 contracts

Samples: Credit Agreement (Wilsons the Leather Experts Inc), Assignment Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Wilsons the Leather Experts Inc)

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Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretiondiscretion will, but not less frequently than once weekly, shall on behalf of any Borrower (and each Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) ), request by telephone or telecopy that each Lender (including the Swing Line Lender) to make a Revolving Credit Advance Base Rate Loan to such Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Lender's Pro Rata Share ’s Percentage Interest of the aggregate principal amount of the such Borrower’s Swing Line Loan Loan(s) (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i) shall have occurred a Bankruptcy Default exists (in which event the procedures of Section 1.1(c)(iv) shall 2.2.4 will apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance Loan are then satisfied, each Revolving Lender shall will disburse directly to the Agent, its Pro Rata Share Percentage Interest of a the aggregate principal amount of such Revolving Credit Advance on behalf of the Swing Line LenderLoan as a Base Rate Loan, prior to 1:00 p.m. 12:00 noon (Chicago Denver time), in immediately available funds on the Business Banking Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances Base Rate Loans shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoanLoan of the applicable Borrower, as requested by the Swing Line Lender.

Appears in 2 contracts

Samples: Ch2m Hill Companies (Ch2m Hill Companies LTD), Agreement (Ch2m Hill Companies LTD)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not no less frequently than once weekly, shall on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i8.1(i) shall have occurred (in which event the procedures of Section 1.1(c)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, Agent its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, Lender prior to 1:00 p.m. 12:00 noon (Chicago California time), ) in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, discretion but not no less frequently than once weekly, shall may on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i8.1(i) shall have occurred (in which event the procedures of Section 1.1(c)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 2:00 p.m. (Chicago time), in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Zomax Optical Media Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at ----------------------------- any time and from time to time in its sole and absolute discretion, discretion but not no less frequently than once weekly, shall may on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line Loan") ------------------------ outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i8.1(i) shall have occurred (in which event --------------- ------ the procedures of Section 1.1(c)(iv1.1(b)(iv) shall apply) and regardless of whether ------------------ the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 3:00 p.m. (Chicago New York time), in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall may on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i8.1(i) shall have occurred (in which event the procedures of Section 1.1(c)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 3:00 p.m. (Chicago New York time), in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (American Physician Partners Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall may on behalf of any Borrower (and each Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to such Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the such Borrower's Swing Line Loan (the "Refunded Swing Line LoanREFUNDED SWING LINE LOAN") outstanding on the date such notice is given. Unless any of the events described in Sections SECTIONS 8.1(h) or 8.l(iOR 8.1(i) shall have occurred (in which event the procedures of Section SECTION 1.1(c)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 3:00 p.m. (Chicago New York time), in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoanLoan of the applicable Borrower.

Appears in 1 contract

Samples: Credit Agreement (Morton Industrial Group Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall on behalf of any Borrower (and each Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to such Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the such Borrower's Swing Line Loan (the "Refunded Swing Line LoanREFUNDED SWING LINE LOAN") outstanding on the date such notice is given. Unless any of the events described in Sections SECTIONS 8.1(h) or 8.l(iOR 8.1(i) shall have occurred (in which event the procedures of Section SECTION 1.1(c)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 3:00 p.m. (Chicago New York time), in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately applied to repay the Refunded Swing Line Loan.is

Appears in 1 contract

Samples: Credit Agreement (Recycling Industries Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, discretion (but not no less frequently than once weeklyper week), shall may on behalf of any Borrower (and each Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to such Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the such Borrower's Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h8.1(f), 8.1(g) or 8.l(i8.1(h) shall have occurred (in which event the procedures of Section 1.1(c)(iv1.1(b)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Administrative Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 3:00 p.m. (Chicago New York time), in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoanLoan of the applicable Borrower.

Appears in 1 contract

Samples: Credit Agreement (Bon Ton Stores Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall may on behalf of the Borrower (and Borrower which hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) Loan in an amount equal to such Revolving Lender's Revolving Loan Pro Rata Share of the principal amount of the Swing Line Loan Loans (the "Refunded Swing Line LoanLoans") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(hSection 7.1(e) or 8.l(i7.1(f) shall have occurred (in which event the procedures of paragraph (d) of this Section 1.1(c)(iv) 2.11 shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance Loan are then satisfied, each Revolving Lender shall disburse directly make the proceeds of its Revolving Loan available to Agent, the Agent at its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, office specified in Section 2.7 prior to 1:00 p.m. (Chicago p.m., New York City time), in funds immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances Loans shall be made immediately available to the Swing Line Lender and immediately applied to repay the Refunded Swing Line LoanLoans, and, until converted into Eurodollar Rate Loans, shall constitute Prime Rate Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (Stone Container Corp)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall may on behalf of the Borrower (and Borrower which hereby irrevocably authorizes directs the Swing Line Lender to so act on its behalf) request by telephone or telecopy notify each Domestic Revolving Lender (including the Swing Line Lender) to make a Domestic Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) Loan in an amount equal to such Lender's Domestic Revolver Pro Rata Share of the Dollar Equivalent of the principal amount of the Swing Line Loan Loans (the "Refunded Swing Line LoanLoans") outstanding on the date such notice is given, provided, however, that such notice shall be deemed to have automatically been given upon the occurrence of an Event of Default under Sections 10.1(e) or 10.1(f) or upon the occurrence of a Change of Control. Unless any of the events described in Sections 8.1(h10.1(e) or 8.l(i10.1(f) shall have occurred (in which event the procedures of Section 1.1(c)(iv2.1(c)(iii) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Domestic Revolving Credit Advance Loan are then satisfied, each Revolving Lender shall disburse directly make the proceeds of its Domestic Revolving Loan available to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, Lender at the Payment Office prior to 1:00 p.m. (Chicago 11:00 a.m., New York City time), in funds immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Domestic Revolving Credit Advances Loans shall be immediately applied to repay the Refunded Swing Line LoanLoans.

Appears in 1 contract

Samples: Credit Agreement (Huntsman International LLC)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall may on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i8.1(i) shall have occurred (in which event the procedures of Section 1.1(c)(iv1.1(e)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 2:00 p.m. (Chicago time), in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoanLoan of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Code Alarm Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall may on behalf of any Borrower (and each Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to such Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the such Borrower's Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i8.1(i) shall have occurred (in which event the procedures of Section 1.1(c)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 2:00 p.m. (Chicago time), in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoanLoan of the applicable Borrower.

Appears in 1 contract

Samples: Credit Agreement (Verdant Brands Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Lender's ’s Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i) shall have occurred (in which event the procedures of Section 1.1(c)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 p.m. (Chicago time), in immediately available funds on the Business Day that such notice is given. The proceeds of such Revolving Credit Advances shall be immediately applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall may on behalf of the Borrower (and Borrower which hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) Loan in an amount equal to such Revolving Lender's Revolving Loan Pro Rata Share of the principal amount of the Swing Line Loan Loans (the "Refunded Swing Line LoanREFUNDED SWING LINE LOANS") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(hSECTION 7.1(e) or 8.l(iOR 7.1(f) shall have occurred (in which event the procedures of Section 1.1(c)(ivparagraph (d) of this SECTION 2.11 shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance Loan are then satisfied, each Revolving Lender shall disburse directly make the proceeds of its Revolving Loan available to Agent, the Agent at its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, office specified in SECTION 2.7 prior to 1:00 p.m. (Chicago p.m., New York City time), in funds immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances Loans shall be made immediately available to the Swing Line Lender and immediately applied to repay the Refunded Swing Line LoanLoans, and, until converted into Eurodollar Rate Loans, shall constitute Prime Rate Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (Stone Container Corp)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall may on behalf of the Borrower (and Borrower which hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) Loan in an amount equal to such Revolving Lender's Revolving Loan Pro Rata Share of the principal amount of the Swing Line Loan Loans (the "Refunded Swing Line LoanLoans") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(hSection 7.1(e) or 8.l(i7.1(f) shall have occurred (in which event the procedures of paragraph (d) of this Section 1.1(c)(iv) 2.11 shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance Loan are then satisfied, each Revolving Lender shall disburse directly make the proceeds of its Revolving Loan available to Agent, the Agent at its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, office specified in Section 2.7 prior to 1:00 p.m. (Chicago p.m., New York City time), in funds immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances Loans shall be made immediately available to the Swing Line Lender and immediately applied to repay the Refunded Swing Line Loan.Loans, and, until converted into Eurodollar Rate Loans, shall constitute Prime Rate Revolving Loans. (d)

Appears in 1 contract

Samples: Credit Agreement (Stone Container Corp)

Refunding of Swing Line Loans. The Swing Line Lender, at any ----------------------------- time and from time to time in its sole and absolute discretion, discretion but not no less frequently than once weekly, shall may on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line LoanLoan ") outstanding ------------------------ on the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i8.1(i) shall have occurred (in which event the --------------- ------ procedures of Section 1.1(c)(iv1.1(b)(iv) shall apply) and regardless of whether the ------------------ conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 3:00 p.m. (Chicago New York time), in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

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Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall may on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Lender (including the Swing Line Lender) with a Revolving Loan Commitment (each, a "Revolving Lender") to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(g), 8.1(h) or 8.l(i8.1(i) shall have occurred (in which event the procedures of Section 1.1(c)(iv1.4(d) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 2:00 p.m. (Chicago time), in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Artra Group Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line LoanREFUNDED SWING LINE LOAN") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(hSECTIONS 8.1(H) or 8.l(i8.L(I) shall have occurred (in which event the procedures of Section 1.1(c)(ivSECTION 1.1(B)(IV) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 p.m. (Chicago time), in immediately available funds on the Business Day that such notice is given. The proceeds of such Revolving Credit Advances shall be immediately applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall may on behalf of Borrower (and Borrower which hereby irrevocably authorizes appoints the Swing Line Lender to so act on its behalf) request by telephone or telecopy notify each Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) Loan in an amount equal to such Lender's Pro Rata Share of the principal amount of the Swing Line Loan Loans (the "Refunded Swing Line LoanLoans") outstanding on the date such notice is given, provided, however, that such notice shall be deemed to have automatically been given upon the occurrence of an Event of Default under Sections 10.1(e) or 10.1(f) or upon the occurrence of a Change of Control. Unless any of the events described in Sections 8.1(h10.1(e) or 8.l(i10.1(f) shall have occurred (in which event the procedures of Section 1.1(c)(iv2.1(b)(iii) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance Loan are then satisfied, each Revolving Lender shall disburse directly make the proceeds of its Revolving Loan available to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, Lender at the Payment Office prior to 1:00 p.m. (Chicago 11:00 A.M., New York City time), in funds immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances Loans shall be applied immediately applied to repay the Refunded Swing Line LoanLoans.

Appears in 1 contract

Samples: Credit Agreement (Titanium Metals Corp)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, discretion (but not no less frequently than once weeklyper week), shall may on behalf of Borrower Borrowers (and each Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower Borrowers (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h8.1(f), 8.1(g) or 8.l(i8.1(h) shall have occurred (in which event the procedures of Section 1.1(c)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Administrative Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 3:00 p.m. (Chicago New York time), in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoanLoan of the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Bon Ton Stores Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, discretion but not no less frequently than once weekly, shall may on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Canadian Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i8.1(i) shall have occurred (in which event the procedures of Section 1.1(c)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 3:00 p.m. (Chicago Toronto time), in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Zomax Optical Media Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at ----------------------------- any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded -------- Swing Line Loan") outstanding on the date such notice is given. Unless any of --------------- the events described in Sections 8.1(h) or 8.l(i) shall have occurred (in which --------------- ------ event the procedures of Section 1.1(c)(iv1.1(b)(iv) shall apply) and regardless of ------------------ whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 p.m. (Chicago time), in immediately available funds on the Business Day that such notice is given. The proceeds of such Revolving Credit Advances shall be immediately applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall may on behalf of Borrower (and Borrower which hereby irrevocably authorizes directs the Swing Line Lender to so act on its behalf) request by telephone or telecopy notify each Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) Loan in an amount equal to such Lender's Revolver Pro Rata Share of the principal amount of the Swing Line Loan Loans (the "Refunded Swing Line LoanLoans") outstanding on the date such notice is given, provided, however, that such notice shall be deemed to have automatically been given upon the occurrence of an Event of Default under Sections 10.1(e) or 10.1(f) or upon the occurrence of a Change of Control. Unless any of the events described in Sections 8.1(h10.1(e) or 8.l(i10.1(f) shall have occurred (in which event the procedures of Section 1.1(c)(iv2.1(c)(iii) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance Loan are then satisfied, each Revolving Lender shall disburse directly make the proceeds of its Revolving Loan available to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, Lender at the Payment Office prior to 1:00 p.m. (Chicago 11:00 A.M., New York City time), in funds immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances Loans shall be immediately applied to repay the Refunded Swing Line LoanLoans.

Appears in 1 contract

Samples: Credit Agreement (Gaylord Container Corp /De/)

Refunding of Swing Line Loans. The Swing Line Lender, at any time ----------------------------- and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall may on behalf of Borrower Borrowers (and each Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower Borrowers (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Lender's Pro Rata Share of the principal amount of the Borrowers' Swing Line Loan (the "Refunded Swing Line Loan") outstanding on ------------------------ the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i) shall have occurred (in which event the procedures of Section 1.1(c)(iv) shall apply) and regardless Regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit an Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 2:00 p.m. (Chicago time), ) in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Assignment Agreement (Montgomery Ward Holding Corp)

Refunding of Swing Line Loans. The Swing Line LenderLeader, at any time and from time to time in its sole and absolute discretiondiscretion and otherwise at Borrower's request, but not less frequently than once weekly, shall may on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i8.1(i) shall have occurred (in which event the procedures of Section 1.1(c)(iv1.1(b)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, make the proceeds of its Pro Rata Share of a Revolving Credit Advance on behalf of available to the Swing Line Lender, Lender prior to 1:00 p.m. (Chicago time), in immediately available funds on the Business Day that such notice is given. The proceeds of such Revolving Credit Advances shall be immediately applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, discretion but not no less frequently than once weekly, shall weekly may on behalf of Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to Borrower (which initially shall be an Index Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h) or 8.l(i8.1(i) shall have occurred (in which event the procedures of Section 1.1(c)(iv1.1(b)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 2:00 p.m. (Chicago time), in immediately available funds on the Business Day that next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (United Shipping & Technology Inc)

Refunding of Swing Line Loans. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, but not less frequently than once weekly, shall on behalf of the Borrower (and Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request by telephone or telecopy each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance to the Borrower (which initially shall be an Index a Prime Rate Loan, but may be converted to a LIBOR Loan) in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the Swing Line Loan (the "Refunded Swing Line Loan") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(h8.1 (h) or 8.l(i8.1 (i) shall have occurred (in which event the procedures of Section 1.1(c)(iv1.1 (d)(iv) shall apply) ), and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Credit Advance are then satisfied, each Revolving Lender shall disburse directly to Agent, its such Revolving Lender's Pro Rata Share of a Revolving Credit Advance on behalf of the Swing Line Lender, prior to 1:00 4:00 p.m. (Chicago Boston, Massachusetts time), in immediately available funds on the same Business Day that on which such notice is given. The proceeds of such Revolving Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Green Mountain Coffee Roasters Inc)

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