Common use of Refunding of Swing Line Loans Clause in Contracts

Refunding of Swing Line Loans. Each Swing Line Lender, at any time in its sole and absolute discretion, may on behalf of the applicable Borrower (which hereby irrevocably directs each Swing Line Lender to so act on its behalf) notify each Dollar Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan or Euro Revolving Loan in the Applicable Currency, as the case may be, an amount equal to such Lender’s Dollar Revolver Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable Swing Line Loans (the “Refunded Swing Line Loans”) 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 Section 10.1(i). Unless any of the events described in Section 10.1(i) shall have occurred (in which event the procedures of this Section 2.1(c)(iii) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Loan are then satisfied, each applicable Revolving Lender shall make the proceeds of its Revolving Loan available to the applicable Swing Line Lender at the Payment Office prior to 11:00 a.m., New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Loans shall be immediately applied to repay the Refunded Swing Line Loans.

Appears in 2 contracts

Samples: Credit Agreement (Crown Holdings Inc), Pledge Agreement (Crown Holdings Inc)

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Refunding of Swing Line Loans. Each (a) The Swing Line Lender, at any time in its sole and absolute discretiondiscretion may, may and on the seventh day (or if such day is not a Business Day, the next Business Day) after the date of such borrowing with respect to any Swing Line Loans to the Borrower shall, on behalf of the applicable Borrower (which and the Borrower hereby irrevocably directs each the Swing Line Lender to so act on its behalf) notify each Dollar Revolving Lender in ), upon notice given by the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan or Euro Revolving Loan in the Applicable Currency, as the case may be, an amount equal to such Lender’s Dollar Revolver Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable Swing Line Loans (the “Refunded Swing Line Loans”) 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 Section 10.1(i). Unless any of the events described in Section 10.1(i) shall have occurred (in which event the procedures of this Section 2.1(c)(iii) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Loan are then satisfied, each applicable Revolving Lender shall make the proceeds of its Revolving Loan available to the applicable Swing Line Lender at the Payment Office prior to 11:00 a.m.no later than 10:00 A.M., New York City time, on the relevant refunding date, request each Bank to make, and each Bank hereby agrees to make, a Loan to the Borrower, at the rate set forth in funds Section 3.2 hereof, in the pro rata amount determined pursuant to Section 4.2. hereof equal to the amount of such Swing Line Loans of the Borrower (the "Refunded Swing Line Loans") outstanding on the date of such notice, to repay the Swing Line Lender. Each Bank shall make the amount of such Loan available to the administrative Agent at its office set forth in Section 11.2 hereof in immediately available funds, no later than 1:00 P.M., New York City time, on the Business Day next succeeding the date of such notice is givennotice. The proceeds of such Revolving Loans shall be distributed by the Administrative Agent to the Swing Line Lender and immediately applied by the Swing Line Lender to repay the Refunded Swing Line Loans. Effective on the date such Loans are made, the portion of the Swing Line Loans so paid shall no longer be outstanding as Swing Line Loans.

Appears in 2 contracts

Samples: Credit Agreement (American Century Government Income Trust), Credit Agreement (American Century California Tax Free & Municipal Funds)

Refunding of Swing Line Loans. Each The Swing Line Lender, at any time in its sole and absolute discretion, may on behalf of the applicable Borrower (which hereby irrevocably directs each the Swing Line Lender to so act on its behalf) notify request each Dollar Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan or Euro Revolving Loan in the Applicable Currency, as the case may be, an amount equal to such Lender’s Dollar Revolver Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, 's Commitment Percentage of the principal amount of the applicable Swing Line Loans (the “Refunded Swing Line Loans”"REFUNDED SWING LINE LOANS") outstanding on the date such notice Notice of Borrowing is given; PROVIDED, provided, howeverHOWEVER, that such notice shall be deemed to have automatically been given upon the occurrence of an a Bankruptcy Event of Default. Unless a Bankruptcy Event of Default under Section 10.1(i). Unless any of the events described in Section 10.1(i) shall have occurred (in which event the procedures of this Section 2.1(c)(iiiSECTION 2.2(e) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Loan are then satisfied, each applicable Revolving Lender shall make the proceeds of its Revolving Loan available to the applicable Swing Line Lender at the Payment Office its office specified in SCHEDULE 9.3 prior to 11:00 a.m.A.M., New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Loans shall be immediately applied to repay the Refunded Swing Line Loans.

Appears in 1 contract

Samples: Credit Agreement (Hon Industries Inc)

Refunding of Swing Line Loans. Each The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, may but not less frequently than weekly, shall on behalf of the applicable any Borrower (which and each Borrower hereby irrevocably directs each authorizes the Swing Line Lender to so act on its behalf) notify request each Dollar Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan or Euro Revolving Loan Credit Advance to such Borrower (which shall be an Index Rate Loan) in the Applicable Currency, as the case may be, an amount equal to such Revolving Lender’s Dollar Revolver 's Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable such Borrower's Swing Line Loans Loan (the "Refunded Swing Line Loans”Loan") 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 Section 10.1(i). Unless any of the events described in Section 10.1(iSections 8.1(h) or 8.1(i) shall have occurred (in which event the procedures of this Section 2.1(c)(iii1.1(b)(iv) 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, each applicable Revolving Lender shall make disburse directly to Agent its Pro Rata Share of a Revolving Credit Advance on behalf of the proceeds of its Revolving Loan available to the applicable Swing Line Lender at the Payment Office prior to 11:00 a.m., New York City 12:00 noon (California time, ) in funds immediately available funds on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Loans Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line Loans.Loan of the applicable Borrower. (iv)

Appears in 1 contract

Samples: Credit Agreement (Itron Inc /Wa/)

Refunding of Swing Line Loans. Each The Swing Line Lender, at any time and from time to time in its sole and absolute discretiondiscretion but no less frequently than once weekly, may shall on behalf of the applicable Borrower (which and Borrower hereby irrevocably directs each authorizes the Swing Line Lender to so act on its behalf) notify request each Dollar Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan or Euro Revolving Loan Credit Advance to Borrower (which shall be an Index Rate Loan) in the Applicable Currency, as the case may be, an amount equal to such Revolving Lender’s Dollar Revolver 's Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable Swing Line Loans Loan (the “Refunded Swing Line Loans”"REFUNDED SWING LINE LOAN") 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 Section 10.1(i). Unless any of the events described in Section 10.1(iSECTIONS 8.1(h) or 8.1(i) shall have occurred (in which event the procedures of this Section 2.1(c)(iiiSECTION 1.1(c)(iv) 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, each applicable Revolving Lender shall make disburse directly to Agent its Pro Rata Share of a Revolving Credit Advance on behalf of the proceeds of its Revolving Loan available to the applicable Swing Line Lender at the Payment Office Lender, prior to 11:00 a.m., 2:00 p.m. (New York City time), in funds immediately available funds on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Loans Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoansLoan.

Appears in 1 contract

Samples: Credit Agreement (Kaynar Technologies Inc)

Refunding of Swing Line Loans. Each The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, may but no less frequently than once weekly, shall on behalf of the applicable either Borrower (which and each Borrower hereby irrevocably directs each authorizes the Swing Line Lender to so act on its behalf) notify request each Dollar Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan Credit Advance to such Borrower in the currency or Euro Revolving proportions of currencies in which Swing Line Advances were made (which shall be a Cdn Index Rate Loan in the Applicable Currency, as case of Swing Line Advances made in Canadian Dollars and a US Index Rate Loan in the case may be, of Swing Line Advances made in US Dollars) in an amount equal to such Revolving Lender’s Dollar Revolver 's Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable Swing Line Loans Loan of such Borrower (the “Refunded Swing Line Loans”"REFUNDED SWING LINE LOAN") 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 Section 10.1(i). Unless any of the events described in Section 10.1(i8.1(8) or 8.1(9) shall have occurred (in which event the procedures of this Section 2.1(c)(iii1.1(2)(d) 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, each applicable Revolving Lender shall make disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the proceeds of its Revolving Loan available to the applicable Swing Line Lender at the Payment Office Lender, prior to 11:00 a.m.3:00 p.m. (Toronto time), New York City time, in funds immediately available for value on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Loans Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoansLoan of the applicable Borrower.

Appears in 1 contract

Samples: Credit Agreement (Hockey Co)

Refunding of Swing Line Loans. Each Swing Line Lender, at any time in its sole and absolute discretion, may on behalf of the applicable Borrower (which hereby irrevocably directs each Swing Line Lender to so act on its behalf) notify each Dollar Multicurrency Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable such Swing Line Lender) to make a Dollar Revolving Loan or Euro Multicurrency Revolving Loan in the Applicable Currency, as the case may be, Currency in an amount equal to such Lender’s Dollar Multicurrency Revolver Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable Swing Line Loans (the “Refunded Swing Line Loans”) 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 Section 10.1(i10.1(e) or 10.1(f). Unless any of the events described in Section 10.1(i10.1(e) or 10.1(f) shall have occurred (in which event the procedures of this Section 2.1(c)(iii) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a CHI:1587990.13 61 Multicurrency Revolving Loan are then satisfied, each applicable Multicurrency Revolving Lender shall make the proceeds of its Multicurrency Revolving Loan available to the applicable Swing Line Lender at the Payment Office prior to 11:00 a.m., New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such Multicurrency Revolving Loans shall be immediately applied to repay the Refunded Swing Line Loans.

Appears in 1 contract

Samples: Credit Agreement (Ball Corp)

Refunding of Swing Line Loans. Each The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, may but not less frequently than weekly, shall on behalf of the applicable any Borrower (which and each Borrower hereby irrevocably directs each authorizes the Swing Line Lender to so act on its behalf) notify request each Dollar Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan or Euro Revolving Loan Credit Advance to such Borrower (which shall be an Index Rate Loan) in the Applicable Currency, as the case may be, an amount equal to such Revolving Lender’s Dollar Revolver 's Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable such Borrower's Swing Line Loans Loan (the “Refunded Swing Line Loans”"REFUNDED SWING LINE LOAN") 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 Section 10.1(i). Unless any of the events described in Section 10.1(iSECTIONS 8.1(h) or 8.1(i) shall have occurred (in which event the procedures of this Section 2.1(c)(iiiSECTION 1.1(b)(iv) 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, each applicable Revolving Lender shall make disburse directly to Agent its Pro Rata Share of a Revolving Credit Advance on behalf of the proceeds of its Revolving Loan available to the applicable Swing Line Lender at the Payment Office prior to 11:00 a.m., New York City 12:00 noon (California time, ) in funds immediately available funds on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Loans Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoansLoan of the applicable Borrower.

Appears in 1 contract

Samples: Credit Agreement (Track N Trail Inc)

Refunding of Swing Line Loans. Each The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, may shall on behalf of the applicable Borrower (which and Borrower hereby irrevocably directs each authorizes the Swing Line Lender to so act on its behalf) notify request each Dollar Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan or Euro Revolving Loan Credit Advance to the Borrower (which shall be a Prime Rate Loan) in the Applicable Currency, as the case may be, an amount equal to such Revolving Lender’s Dollar Revolver 's Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable Swing Line Loans Loan (the "Refunded Swing Line Loans”Loan") 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 Section 10.1(i). Unless any of the events described in Section 10.1(iSections 9.1 (h) or 9.1 (i) shall have occurred (in which event the procedures of this Section 2.1(c)(iii2.1(c)(iv) 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, each applicable Revolving Lender shall make disburse directly to Administrative Agent, such Revolving Lender's Pro Rata Share of a Revolving Credit Advance on behalf of the proceeds of its Revolving Loan available to the applicable Swing Line Lender at the Payment Office Lender, prior to 11:00 a.m.4:00 p.m. (Manchester, New York City Hampshire time), in funds immediately available funds on the same Business Day next succeeding the date on which such notice is given. The proceeds of such Revolving Loans Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoansLoan of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Presstek Inc /De/)

Refunding of Swing Line Loans. Each The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, may on behalf of the applicable Borrowers (and each Borrower (which hereby irrevocably directs each authorizes the Swing Line Lender to so act on its behalf) notify request each Dollar Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan or Euro Revolving Loan Credit Advance to Borrowers (which shall be an Index Rate Loan) in the Applicable Currency, as the case may be, an amount equal to such Revolving Lender’s Dollar Revolver 's Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable Swing Line Loans Loan (the “Refunded Swing Line Loans”"REFUNDED SWING LINE LOAN") 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 Section 10.1(i). Unless any of the events described in Section 10.1(iSECTIONS 8.1(g), 8.1(h) or 8.1(i) shall have occurred (in which event the procedures of this Section 2.1(c)(iiiSECTION 1.1(c)(iv) 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, each applicable Revolving Lender shall make disburse directly to Administrative Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the proceeds of its Revolving Loan available to the applicable Swing Line Lender at the Payment Office Lender, prior to 11:00 a.m., New York City 2:00 p.m. (Chicago time), in funds immediately available funds on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Loans Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoansLoan.

Appears in 1 contract

Samples: Credit Agreement (Superior Energy Services Inc)

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Refunding of Swing Line Loans. Each The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, may but not less frequently than monthly, shall on behalf of the applicable Borrowers and the Specified Borrowers (and each Borrower (which and Specified Borrower hereby irrevocably directs each authorizes the Swing Line Lender to so act on its behalf) notify request each Dollar Revolving Floor Plan Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan Floor Plan Advance to the Borrowers or Euro Revolving Loan in the Applicable Currencya Specified Borrower, as the case may be, (which shall be an Index Rate Loan) in an amount equal to such Floor Plan Lender’s Dollar Revolver 's Pro Rata Share of the principal amount of such Borrower's or Euro Revolver Pro Rata ShareSpecified Borrower's, as the case may be, of the principal amount of the applicable Swing Line Loans Loan (the "Refunded Swing Line Loans”Loan") 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 Section 10.1(i). Unless any of the events described in Section 10.1(iSections 8.1(h) or 8.1(i) shall have occurred (in which event the procedures of this Section 2.1(c)(iii1.1(b)(iv) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Revolving Loan Floor Plan Advance are then satisfied, each applicable Revolving Floor Plan Lender shall make disburse directly to Agent, its Pro Rata Share of a Floor Plan Advance on behalf of the proceeds of its Revolving Loan available to the applicable Swing Line Lender at the Payment Office Lender, prior to 11:00 a.m., 3:00 p.m. (New York City time), in funds immediately available funds on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Loans Floor Plan Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoansLoan.

Appears in 1 contract

Samples: Credit Agreement (Hometown Auto Retailers Inc)

Refunding of Swing Line Loans. Each The Swing Line Lender, at any time and from time to time in its sole and absolute discretiondiscretion but no less frequently than once weekly, may shall on behalf of the applicable Borrower (which and Borrower hereby irrevocably directs each authorizes the Swing Line Lender to so act on its behalf) notify request each Dollar Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan or Euro Revolving Loan Credit Advance to Borrower (which shall be an Index Rate Loan) in the Applicable Currency, as the case may be, an amount equal to such Revolving Lender’s Dollar Revolver 's Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable Swing Line Loans Loan (the “Refunded Swing Line Loans”"REFUNDED SWING LINE LOAN") 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 Section 10.1(i). Unless any of the events described in Section 10.1(iSECTIONS 8.1(h) or 8.1(i) shall have occurred (in which event the procedures of this Section 2.1(c)(iiiSECTION 1.1(c)(iv) 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, each applicable Revolving Lender shall make disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the proceeds of its Revolving Loan available to the applicable Swing Line Lender at the Payment Office Lender, prior to 11:00 a.m., 2:00 p.m. (New York City time), in funds immediately available funds on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Loans Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line Loans.Loan. (iv)

Appears in 1 contract

Samples: Credit Agreement (Kaynar Technologies Inc)

Refunding of Swing Line Loans. Each The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, may but no less frequently than once weekly, shall on behalf of the applicable either Borrower (which and each Borrower hereby irrevocably directs each authorizes the Swing Line Lender to so act on its behalf) notify request each Dollar Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan or Euro Revolving Loan Credit Advance to such Borrower (which shall be an Index Rate Loan) in the Applicable Currency, as the case may be, an amount equal to such Revolving Lender’s Dollar Revolver 's Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable such Borrower's Swing Line Loans Loan (the "Refunded Swing Line Loans”Loan") 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 Section 10.1(i). Unless any of the events described in Section 10.1(iSections 8.1(h) or 8.1(i) shall have occurred (in which event the procedures of this Section 2.1(c)(iii1.1(b)(iv) 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, each applicable Revolving Lender shall make disburse directly to Agent, its Pro Rata Share of a Revolving Credit Advance on behalf of the proceeds of its Revolving Loan available to the applicable Swing Line Lender at the Payment Office Lender, prior to 11:00 a.m., 3:00 p.m. (New York City time), in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Loans Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoansLoan of the applicable Borrower.

Appears in 1 contract

Samples: Credit Agreement (Hockey Co)

Refunding of Swing Line Loans. Each The Swing Line Lender, at any time in its sole and absolute discretion, may on behalf of the applicable Borrower (which hereby irrevocably directs each the Swing Line Lender to so act on its behalf) notify each Dollar Domestic Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan or Euro Domestic Revolving Loan in the Applicable Currency, as the case may be, an amount equal to such Lender’s Dollar 's Domestic Revolver Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable Swing Line Loans (the “Refunded Swing Line Loans”"REFUNDED SWING LINE LOANS") outstanding on the date such notice is given, providedPROVIDED, howeverHOWEVER, that such notice shall be deemed to have automatically been given upon the occurrence of an Event of Default under Section 10.1(i)SECTIONS 10.1(E) or 10.1(F) or upon the occurrence of a Change of Control. Unless any of the events described in Section 10.1(iSECTIONS 10.1(E) or 10.1(F) shall have occurred (in which event the procedures of this Section 2.1(c)(iiiSECTION 2.1(C)(III) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Domestic Revolving Loan are then satisfied, each applicable Domestic Revolving Lender shall make the proceeds of its Domestic Revolving Loan available to the applicable Swing Line Lender at the Payment Office prior to 11:00 a.m., New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such Domestic Revolving Loans shall be immediately applied to repay the Refunded Swing Line Loans.

Appears in 1 contract

Samples: Credit Agreement (Noveon Inc)

Refunding of Swing Line Loans. Each The Swing Line Lender, at any time and from time to time in its sole and absolute discretion, may shall on behalf of the applicable Borrower (which and Borrower hereby irrevocably directs each authorizes the Swing Line Lender to so act on its behalf) notify request each Dollar Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable Swing Line Lender) to make a Dollar Revolving Loan or Euro Revolving Loan Credit Advance to the Borrower (which shall be a Prime Rate Loan) in the Applicable Currency, as the case may be, an amount equal to such Revolving Lender’s Dollar Revolver Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable Swing Line Loans Loan (the “Refunded Swing Line LoansLoan”) 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 Section 10.1(i). Unless any of the events described in Section 10.1(iSections 9.1 (h) or 9.1 (i) shall have occurred (in which event the procedures of this Section 2.1(c)(iii2.1(c)(iv) 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, each applicable Revolving Lender shall make disburse directly to Administrative Agent, such Revolving Lender’s Pro Rata Share of a Revolving Credit Advance on behalf of the proceeds of its Revolving Loan available to the applicable Swing Line Lender at the Payment Office Lender, prior to 11:00 a.m.4:00 p.m. (Manchester, New York City Hampshire time), in funds immediately available funds on the same Business Day next succeeding the date on which such notice is given. The proceeds of such Revolving Loans Credit Advances shall be immediately paid to the Swing Line Lender and applied to repay the Refunded Swing Line LoansLoan of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Presstek Inc /De/)

Refunding of Swing Line Loans. Each Swing Line Lender, at any time in its sole and absolute discretion, may on behalf of the applicable Borrower (which hereby irrevocably directs each Swing Line Lender to so act on its behalf) notify each Dollar Multicurrency Revolving Lender in the case of U.S. Swing Line Loans or each Euro Revolving Lender in the case of European Swing Line Loans (including the applicable such Swing Line Lender) to make a Dollar Revolving Loan or Euro Multicurrency Revolving Loan in the Applicable Currency, as the case may be, Currency in an amount equal to such Lender’s Dollar 's Multicurrency Revolver Pro Rata Share or Euro Revolver Pro Rata Share, as the case may be, of the principal amount of the applicable Swing Line Loans (the "Refunded Swing Line Loans") 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 Section 10.1(i10.1(e) or 10.1(f). Unless any of the events described in Section 10.1(i10.1(e) or 10.1(f) shall have occurred (in which event the procedures of this Section 2.1(c)(iii) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of a Multicurrency Revolving Loan are then satisfied, each applicable Multicurrency Revolving Lender shall make the proceeds of its Multicurrency Revolving Loan available to the applicable Swing Line Lender at the Payment Office prior to 11:00 a.m., New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such Multicurrency Revolving Loans shall be immediately applied to repay the Refunded Swing Line Loans.

Appears in 1 contract

Samples: Credit Agreement (Ball Corp)

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