Common use of Repayment of Swing Line Advances Clause in Contracts

Repayment of Swing Line Advances. Each Swing Line Advance shall be paid in full by Borrower on or before the Swing Line Advance Maturity Date for such Swing Line Advance. In addition, Swing Line Lender (i) may at any time in its sole discretion with respect to any outstanding Swing Line Advance, or (ii) shall on the applicable Swing Line Advance Maturity Date, require each Lender (including Swing Line Lender) to make as Advance in the amount of such Lender’s Commitment Amount Percentage of such Swing Line Advance (including, without limitation, any interest accrued and unpaid thereon), for the purpose of repaying such Swing Line Advance. Not later than noon (Phoenix, Arizona time) on the date of any notice received pursuant to this Section 2.22(d), each Lender shall make available its required Advance in funds immediately available in Phoenix, Arizona to Administrative Agent at its address specified pursuant to Section 9.9. Each such Advance shall be treated as a Floating Rate Borrowing until Borrower has elected to convert such Borrowing to a Eurodollar Borrowing in accordance with Section 2.2. Unless a Lender shall have notified Swing Line Lender, prior to Swing Line Lender making any Swing Line Advance, that any applicable condition precedent to Advances set forth in this Agreement had not then been satisfied, such Lender’s obligation to make an Advance pursuant to this Section 2.22(d) to repay Swing Line Advances shall be unconditional, continuing, irrevocable and absolute and shall not be affected by any circumstances, including, without limitation, (a) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against Administrative Agent, Swing Line Lender or any other Person, (b) the occurrence or continuance of an Event of Default or Unmatured Default, (c) any Material Adverse Change in the condition (financial or otherwise) of Borrower or any Guarantor, or (d) any other circumstances, happening or event whatsoever. In the event that any Lender fails to make payment to Administrative Agent of any amount due under this Section 2.22(d), Administrative Agent shall be entitled to receive, retain and apply against such obligation the principal and interest otherwise payable to such Lender hereunder until Administrative Agent receives such payment from such Lender or such obligation is otherwise fully satisfied. In addition to the foregoing, if for any reason any Lender fails to make payment to Administrative Agent of any amount due under this Section 2.22(d), such Lender shall be deemed, at the option of Administrative Agent, to have unconditionally and irrevocably purchased from Swing Line Lender, without recourse or warranty, an undivided interest and participation in the applicable Swing Line Advance in the amount of such Advance, and such interest and participation may be recovered from such Lender together with interest thereon at the Federal Funds Effective Rate for each day during the period commencing on the date of demand and ending on the date such amount is received. On the Maturity Date, Borrower shall repay in full the outstanding principal balance of any then outstanding Swing Line Advances.

Repayment of Swing Line Advances. Each Swing Line Advance shall be paid in full by Borrower on or before the Swing Line Advance Maturity Date for such Swing Line Advance. In addition, Swing Line Lender (i) may at any time in its sole discretion with respect to any outstanding Swing Line Advance, or (ii) shall on the applicable Swing Line Advance Maturity Date, require each Lender (including Swing Line Lender) to make as Advance in the amount of such Lender’s Commitment Amount Percentage of such Swing Line Advance (including, without limitation, any interest accrued and unpaid thereon), for the purpose of repaying such Swing Line Advance. Not later than noon (Phoenix, Arizona time) on the date of any notice received pursuant to this Section 2.22(d2.21(d), each Lender shall make available its required Advance in funds immediately available in Phoenix, Arizona to Administrative Agent at its address specified pursuant to Section 9.9. Each such Advance Such Advances shall be treated as a Floating Rate Borrowing until Borrower has elected to convert such Borrowing to a Eurodollar Borrowing in accordance with Section 2.2an ABR Borrowing. Unless a Lender shall have notified Swing Line Lender, prior to Swing Line Lender making any Swing Line Advance, that any applicable condition precedent to Advances set forth in this Agreement had not then been satisfied, such Lender’s obligation to make an Advance pursuant to this Section 2.22(d2.21(d) to repay Swing Line Advances shall be unconditional, continuing, irrevocable and absolute and shall not be affected by any circumstances, including, without limitation, (a) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against Administrative Agent, Swing Line Lender or any other Person, (b) the occurrence or continuance of an Event of Default or Unmatured Default, (c) any Material Adverse Change in the condition (financial or otherwise) of Borrower or any Guarantor, or (d) any other circumstances, happening or event whatsoever. In the event that any Lender fails to make payment to Administrative Agent of any amount due under this Section 2.22(d2.21(d), Administrative Agent shall be entitled to receive, retain and apply against such obligation the principal and interest otherwise payable to such Lender hereunder until Administrative Agent receives such payment from such Lender or such obligation is otherwise fully satisfied. In addition to the foregoing, if for any reason any Lender fails to make payment to Administrative Agent of any amount due under this Section 2.22(d2.21(d), such Lender shall be deemed, at the option of Administrative Agent, to have unconditionally and irrevocably purchased from Swing Line Lender, without recourse or warranty, an undivided interest and participation in the applicable Swing Line Advance in the amount of such Advance, and such interest and participation may be recovered from such Lender together with interest thereon at the Federal Funds Effective Rate for each day during the period commencing on the date of demand and ending on the date such amount is received. On the Maturity Date, Borrower shall repay in full the outstanding principal balance of any then outstanding Swing Line Advances.

Repayment of Swing Line Advances. Each The Swing Line Advance Advances shall be paid in full evidenced by Borrower on or before the Swing Line Advance Maturity Date for such Note. The Borrower may at any time pay, without penalty or premium, all outstanding Swing Line AdvanceAdvances or, in a minimum amount and increments of One Hundred Thousand and No/100 Dollars ($100,000.00), any portion of the outstanding Swing Line Advances, upon notice to the Agent and the Swing Line Bank. In addition, Swing Line Lender the Agent shall (i) may at any time in its sole discretion with respect to any outstanding upon the request of the Swing Line AdvanceBank after a Default or an Event of Default, or (ii) shall on at any time necessary to insure that the applicable Commitment of the Swing Line Advance Maturity DateBank will not be exceeded, require each Lender Bank (including the Swing Line LenderBank) to make as an Advance in the amount of such Lender’s Commitment Amount Percentage Bank's Pro Rata Share of such Swing Line Advance (including, without limitation, any interest accrued and unpaid thereon)Advance, for the purpose of repaying such Swing Line Advance. Not later than noon (Phoenix, Arizona time) 2:00 p.m. Indianapolis time on the date of any notice received pursuant to this Section 2.22(d2.05(d), each Lender Bank shall make available its required Advance Advance, in funds immediately available in Phoenix, Arizona Indianapolis to Administrative the Agent at its address specified pursuant to Article X hereof. Advances made pursuant to this Section 9.9. Each such Advance 2.05(d) shall initially be treated Base Rate Advances and thereafter may be continued as a Floating Rate Borrowing until Borrower has elected or converted into LIBOR Advances in the manner provided in Section 2.01 and subject to convert such Borrowing to a Eurodollar Borrowing the other conditions and limitations therein set forth and set forth in accordance with Section 2.2this Article II. Unless a Lender Bank shall have notified the Swing Line LenderBank, prior to Swing Line Lender its making any Swing Line Advance, that any applicable condition precedent to Advances set forth in this Agreement Sections 4.01 and 4.02 hereof had not then been satisfied, such Lender’s Bank's obligation to make an Advance Advances pursuant to this Section 2.22(d2.05(d) to repay Swing Line Advances shall be unconditional, continuing, irrevocable and absolute and shall not be affected by any circumstances, including, without limitation, (a) any set-off, counterclaim, recoupment, defense or other right which such Lender Bank may have against Administrative the Agent, the Swing Line Lender Bank or any other Person, (b) the occurrence or of continuance of an Event of Default or Unmatured a Default, (c) any Material Adverse Change adverse change in the condition (financial or otherwise) of Borrower or any Guarantorthe Borrower, or (d) any other circumstances, happening or event whatsoever. In the event that any Lender Bank fails to make payment to Administrative the Agent of any amount due under this Section 2.22(d2.05(d), Administrative the Agent shall be entitled to receive, retain and apply against such obligation the principal and interest otherwise payable to such Lender Bank hereunder until Administrative the Agent receives such payment from such Lender Bank or such obligation is otherwise fully satisfied. In addition to the foregoing, if for any reason any Lender Bank fails to make payment to Administrative the Agent of any amount due under this Section 2.22(d2.05(d), such Lender Bank shall be deemed, at the option of Administrative the Agent, to have unconditionally and irrevocably purchased from the Swing Line LenderBank, without recourse or warranty, an undivided interest and participation in the applicable Swing Line Advance in the amount of such AdvanceSwing Line Advance required by such Bank hereunder, and such interest and participation may be recovered from such Lender Bank together with interest thereon at the Federal Funds Effective Rate for each day during the period commencing on the date of demand and ending on the date such amount is received. On the Maturity Termination Date, the Borrower shall repay in full the outstanding principal balance of any then outstanding the Swing Line Advances.