Common use of Repayment of Swingline Loans; Funding of Participation Clause in Contracts

Repayment of Swingline Loans; Funding of Participation. The Borrower shall pay to the Agent for its own account the outstanding principal amount of each Swingline Loan on the earlier of (i) the Termination Date or (ii) the date which is thirty (30) days after the Swingline Loan is made (the earlier of such date with respect to a Swingline Loan herein the "Swingline Maturity"). Subject to the other terms and conditions of this Agreement, the Borrower may repay a Swingline Loan on its Swingline Maturity or at any time prior thereto by requesting a Revolving Loan in accordance with Section 5.1 with the proceeds thereof payable to the Agent for its own account. The Agent, at any time in its sole and absolute discretion and whether or not a Swingline Maturity shall have occurred, may require that each Revolving Bank fund its participation in the then outstanding principal amount of all Swingline Loans by giving each Revolving Bank notice thereof. Additionally, if the Borrower shall not have repaid a Swingline Loan by 1:00 p.m. on the corresponding Swingline Maturity, the Agent will notify each Revolving Bank of the aggregate principal amount of the Swingline Loan, which has not been repaid. Upon the giving of any notice by the Agent under either of the preceding two sentences, each Revolving Bank shall make available to the Agent, at the Principal Office, in immediately available funds, an amount equal to its Revolving Commitment Percentage of the aggregate principal amount of the Swingline Loan or Swingline Loans subject to such notice by not later than 3:00 p.m. on the date such notice is received if such notice is received by 1:00 p.m. or by 11:00 a.m. on the next Business Day, if such notice is received after 1:00 p.m., whether or not the conditions to a Loan under Article 7 are satisfied.

Repayment of Swingline Loans; Funding of Participation. The Borrower shall promises to pay to the Agent order of the Swingline Lender for its own account the outstanding principal amount of each Swingline Loan on the earlier of (i) the Termination Date or Maturity Date, (ii) the date which is thirty seven (307) days after the Swingline Loan is made or (iii) the date after a Swingline Loan is made when any other Loan is made pursuant to a formal Borrowing Request under Section 2.03 (the earlier of such date with respect to a Swingline Loan herein the "Swingline Maturity"). Subject to the other terms and conditions of this Agreement, the Borrower may repay a Swingline Loan on its Swingline Maturity under clause (ii) above or at any time prior thereto by requesting a Revolving another Loan in accordance with Section 5.1 the terms hereof and with the proceeds thereof of such other Loan payable to the Agent Swingline Lender for its own account. The AgentSwingline Lender, at any time in its sole and absolute discretion and whether or not a Swingline Maturity shall have occurred, may require that each Revolving Bank Lender fund its participation in the then outstanding principal amount of all Swingline Loans (including, without limitation, any Swingline Loan made as an Overadvance Loan in accordance with Section 2.04(b)) by giving each Revolving Bank Lender notice thereof. Additionally, if the Borrower shall not have repaid a Swingline Loan by 1:00 p.m. (New York City time) on the corresponding Swingline Maturity, the Agent Swingline Lender will notify each Revolving Bank Lender of the aggregate principal amount of the Swingline Loan, Loan which has not been repaid. Upon the giving of any notice by the Agent Swingline Lender under either of the preceding two sentences, each Revolving Bank Lender shall make available to the Agent, at the Principal Office, in comply with its obligation under this paragraph by wire transfer of immediately available funds, an amount equal in the same manner as provided in Section 2.06 with respect to its Revolving Commitment Percentage Loans made by such Lender (and Section 2.06 shall apply, mutatis mutandis, to the payment obligations of the aggregate principal amount of Lenders), and the Administrative Agent shall promptly pay to the Swingline Loan or Swingline Loans subject to such notice by not later than 3:00 p.m. on Lender the date such notice is received if such notice is amounts so received by 1:00 p.m. or it from the Lenders. Amounts funded by 11:00 a.m. on the next Business Day, if such notice is received after 1:00 p.m., whether or not the conditions to a Loan Lender under Article 7 are satisfiedthis Section 2.04(e) shall be Revolving Loans and ABR Loans.

Repayment of Swingline Loans; Funding of Participation. The Borrower shall Borrowers jointly and severally promise to pay to the Agent Swingline Lender for its own account the outstanding principal amount of each Swingline Loan on the earlier earliest of (i) the Termination Date or Maturity Date, (ii) the date which is thirty seven (307) days after the Swingline Loan is made and (iii) the date after a Swingline Loan is made when any other Revolving Loan is made pursuant to a formal Borrowing Request under Section 2.03 (the earlier earliest of such date with respect to a Swingline Loan herein herein, the "“Swingline Maturity"”). Subject to the other terms and conditions of this Agreement, the Borrower Borrowers may repay a Swingline Loan on its Swingline Maturity under clause (ii) above or at any time prior thereto by requesting a another Revolving Loan in accordance with Section 5.1 the terms hereof and with the proceeds thereof of such other Revolving Loan payable to the Agent Swingline Lender for its own account. The Administrative Agent, at any time in its sole and absolute discretion and whether or not a on behalf of the Swingline Maturity Lender, shall have occurred, may require that each Revolving Bank Lender fund its participation in the then outstanding principal amount of all Swingline Loans on at least a weekly basis by giving each Revolving Bank Lender notice thereofthereof by facsimile, telephone or e-mail no later than 11:00 a.m. (New York City time) on the date of such required funding. Additionally, if the Borrower Borrowers shall not have repaid a Swingline Loan by 1:00 p.m. (New York City time) on the corresponding Swingline Maturity, the Agent Swingline Lender will notify each Revolving Bank Lender of the aggregate principal amount of the Swingline Loan, Loan which has not been repaid. Upon the giving of any notice by the Agent Swingline Lender under either of the preceding two sentences, each Revolving Bank Lender shall make available to the Agent, at the Principal Office, in comply with its obligation under this paragraph by wire transfer of immediately available funds, an amount equal in the same manner as provided in Section 2.05(b) with respect to its Revolving Commitment Percentage Loans made by such Revolving Lender (and Section 2.05(b) shall apply, mutatis mutandis, to the payment obligations of the aggregate principal amount of Revolving Lenders), and the Administrative Agent shall promptly pay to the Swingline Loan or Swingline Loans subject to such notice by not later than 3:00 p.m. on Lender the date such notice is received if such notice is amounts so received by 1:00 p.m. or it from the Revolving Lenders. Amounts funded by 11:00 a.m. on the next Business Day, if such notice is received after 1:00 p.m., whether or not the conditions a Revolving Lender under this Section 2.05(g) shall be deemed to a Loan under Article 7 are satisfiedconstitute ABR Revolving Loans hereunder.

Repayment of Swingline Loans; Funding of Participation. The Borrower shall promises to pay to the Agent order of the Swingline Lender for its own account the outstanding principal amount of each Swingline Loan on the earlier of (i) the Termination Date or Date, (ii) the date which is thirty seven (307) days after the Swingline Loan is made or (iii) the date after a Swingline Loan is made when any other Loan is made pursuant to a formal Notice of Borrowing under Section 2.02 (the earlier of such date with respect to a Swingline Loan herein the "Swingline Maturity"). Subject to the other terms and conditions of this Agreement, the Borrower may repay a Swingline Loan on its Swingline Maturity under clause (ii) above or at any time prior thereto by requesting a Revolving another Loan in accordance with Section 5.1 the terms hereof and with the proceeds thereof of such other Loan payable to the Agent Swingline Lender for its own account. The AgentSwingline Lender, at any time in its sole and absolute discretion and whether or not a Swingline Maturity shall have occurred, may require that each Revolving Bank fund its participation in the then outstanding principal amount of all Swingline Loans (including, without limitation, any Swingline Loan made as an Overadvance Loan in accordance with Section 2.03(a)(iii)) by giving each Revolving Bank notice thereof. Additionally, if the Borrower shall not have repaid a Swingline Loan by 1:00 p.m. (New York City time) on the corresponding Swingline Maturity, the Agent Swingline Lender will notify each Revolving Bank of the aggregate principal amount of the Swingline Loan, Loan which has not been repaid. Upon the giving of any notice by the Agent Swingline Lender under either of the preceding two sentences, each Revolving Bank shall make available to the Agent, at the Principal Office, Swingline Lender in immediately available funds, an amount equal to its Revolving Commitment Applicable Percentage of the aggregate principal amount of the Swingline Loan or Swingline Loans subject to such notice by not later than 3:00 p.m. (New York City time) on the date such notice is received if such notice is received by 1:00 p.m. (New York City time) or by 11:00 a.m. (New York City time) on the next Domestic SECOND AMENDED AND RESTATED CREDIT AGREEMENT, Page 28 Business Day, if such notice is received after 1:00 p.m.p.m. (New York City time), whether or not the conditions to a Loan under Article 7 III are satisfied. Amounts funded by a Bank under this Section 2.03(c) shall be Base Rate Loans.

Repayment of Swingline Loans; Funding of Participation. The Borrower shall pay to the Agent Swingline Lender for its own account the outstanding principal amount of each Swingline Loan on the earlier of (i) the Termination Date or (ii) the date which is thirty seven (307) days after the Swingline Loan is made (the earlier of such date with respect to a Swingline Loan herein the "Swingline Maturity"). Subject to the other terms and conditions of this Agreement, the Borrower may repay a Swingline Loan on its Swingline Maturity or at any time prior thereto by requesting a Revolving Loan in accordance with Section 5.1 4.1 with the proceeds thereof payable to the Agent Swingline Lender for its own account. The AgentSwingline Lender, at any time in its sole and absolute discretion and whether or not a Swingline Maturity shall have occurred, may require that each Revolving Bank Lender fund its participation in the then outstanding principal amount of all Swingline Loans by giving each Revolving Bank Lender notice thereof. Additionally, if the Borrower shall not have repaid a Swingline Loan by 1:00 p.m. on the corresponding Swingline Maturity, the Agent Swingline Lender will notify each Revolving Bank Lender of the aggregate principal amount of the Swingline Loan, Loan which has not been repaid. Upon the giving of any notice by the Agent Swingline Lender under either of the preceding two sentences, each Revolving Bank Lender shall make available to the AgentSwingline Lender, at the Principal Office, in immediately available funds, an amount equal to its Revolving Commitment Percentage of the aggregate principal amount of the Swingline Loan or Swingline Loans subject to such notice by not later than 3:00 p.m. on the date such notice is received if such notice is received by 1:00 p.m. or by 11:00 a.m. on the next Business Day, if such notice is received after 1:00 p.m., whether or not the conditions to a Loan under Article 7 6 are satisfied.

Repayment of Swingline Loans; Funding of Participation. The Borrower shall pay to the Agent Swingline Bank for its own account the outstanding principal amount of each Swingline Loan on the earlier of (i) the Revolving Termination Date or (ii) the date which is thirty (30) days after the fifteenth day of the month in which the Swingline Loan is made (if such Swingline Loan is made at any time during the earlier first fourteen days of the month) or (iii) the last Business Day of the fiscal month in which such Swingline Loan was advanced (the earliest of such date dates with respect to a Swingline Loan herein the "“Swingline Maturity"”). Subject to the other terms and conditions of this Agreement, the Borrower may repay a Swingline Loan on its Swingline Maturity under clause (ii) above or at any time prior thereto by requesting a Revolving Loan in accordance with Section 5.1 with the terms hereof, the proceeds thereof of which shall be payable to the Agent Swingline Bank for its own account. The AgentSwingline Bank, at any time in its sole and absolute discretion and whether or not a Swingline Maturity shall have occurred, may require that each Revolving Bank fund its participation in the then outstanding principal amount of all Swingline Loans by giving each Revolving Bank notice thereof. Additionally, if the Borrower shall not have repaid a Swingline Loan by 1:00 p.m. P.M. on the corresponding Swingline Maturity, the Agent Swingline Bank will notify each Revolving Bank of the aggregate principal amount of the Swingline Loan, Loan which has not been repaid. Upon the giving of any notice by the Agent Swingline Bank under either of the preceding two sentences, each Revolving Bank shall make available to the AgentSwingline Bank, at the Principal Office, in immediately available funds, an amount equal to its Revolving Commitment Percentage of the aggregate principal amount of the Swingline Loan or Swingline Loans subject to such notice by not later than 3:00 p.m. P.M. on the date such notice is received if such notice is received by 1:00 p.m. P.M. or by 11:00 a.m. A.M. on the next Business Day, if such notice is received after 1:00 p.m.P.M., whether or not the conditions to a Loan under Article 7 V are satisfied.

Repayment of Swingline Loans; Funding of Participation. The Borrower shall pay to the Agent for its own account the outstanding principal amount of each Swingline Loan on the earlier of (i) the Termination Date or (ii) the date which is thirty (30) days after the Swingline Loan is made (the earlier of such date with respect to a Swingline Loan herein the "Swingline Maturity"). Subject to the other terms and conditions of this Agreement, the Borrower may repay a Swingline Loan on its Swingline Maturity or at any time prior thereto by requesting a Revolving Loan in accordance with Section 5.1 with the proceeds thereof payable to the Agent for its own account. The Agent, at any time in its sole and absolute discretion and whether or not a Swingline Maturity shall have occurred, may require that each Revolving Bank fund its participation in the then outstanding principal amount of all Swingline Loans by giving each Revolving Bank notice thereof. Additionally, if the Borrower shall not have repaid a Swingline Loan by 1:00 p.m. on the corresponding Swingline Maturity, the Agent will notify each Revolving Bank of the aggregate principal amount of the Swingline Loan, Loan which has not been repaid. Upon the giving of any notice by the Agent under either of the preceding two sentences, each Revolving Bank shall make available to the Agent, at the Principal Office, in immediately available funds, an amount equal to its Revolving Commitment Percentage of the aggregate principal amount of the Swingline Loan or Swingline Loans subject to such notice by not later than 3:00 p.m. on the date such notice is received if such notice is received by 1:00 p.m. or by 11:00 a.m. on the next Business Day, if such notice is received after 1:00 p.m., whether or not the conditions to a Loan under Article 7 are satisfied.

Repayment of Swingline Loans; Funding of Participation. The Borrower shall promises to pay to the Agent order of the Swingline Lender for its own account the outstanding principal amount of each Swingline Loan on the earlier of (i) the Termination Date or Date, (ii) the date which is thirty seven (307) days after the Swingline Loan is made or (iii) the date after a Swingline Loan is made when any other Loan is made pursuant to a formal Notice of Borrowing under Section 2.02 (the earlier of such date with respect to a Swingline Loan herein the "“Swingline Maturity"”). Subject to the other terms and conditions of this Agreement, the Borrower may repay a Swingline Loan on its Swingline Maturity under clause (ii) above or at any time prior thereto by requesting a Revolving another Loan in accordance with Section 5.1 the terms hereof and with the proceeds thereof of such other Loan payable to the Agent Swingline Lender for its own account. The AgentSwingline Lender, at any time in its sole and absolute discretion and whether or not a Swingline Maturity shall have occurred, may require that each Revolving Bank fund its participation in the then outstanding principal amount of all Swingline Loans (including, without limitation, any Swingline Loan made as an Overadvance Loan in accordance with Section 2.03(a)(iii)) by giving each Revolving Bank notice thereof. Additionally, if the Borrower shall not have repaid a Swingline Loan by 1:00 p.m. (New York City time) on the corresponding Swingline Maturity, the Agent Swingline Lender will notify each Revolving Bank of the aggregate principal amount of the Swingline Loan, Loan which has not been repaid. Upon the giving of any notice by the Agent Swingline Lender under either of the preceding two sentences, each Revolving Bank shall make available to the Agent, at the Principal Office, Swingline Lender in immediately available funds, an amount equal to its Revolving Commitment Applicable Percentage of the aggregate principal amount of the Swingline Loan or Swingline Loans subject to such notice by not later than 3:00 p.m. (New York City time) on the date such notice is received if such notice is received by 1:00 p.m. (New York City time) or by 11:00 a.m. (New York City time) on the next Domestic Business Day, if such notice is received after 1:00 p.m.p.m. (New York City time), whether or not the conditions to a Loan under Article 7 III are satisfied. Amounts funded by a Bank under this Section 2.03(c) shall be Base Rate Loans.

Repayment of Swingline Loans; Funding of Participation. The Borrower shall Borrowers jointly and severally promise to pay to the Agent order of the Swingline Lender for its own account the outstanding principal amount of each Swingline Loan on the earlier of (i) the Termination Date or Maturity Date, (ii) the date which is thirty seven (307) days after the Swingline Loan is made (except that Overadvance Loans may remain outstanding for up to thirty (30) days) or (iii) the date after a Swingline Loan is made when any other Loan is made pursuant to a formal Borrowing Request under Section 2.03 (the earlier of such date with respect to a Swingline Loan herein herein, the "“Swingline Maturity"”). Subject to the other terms and conditions of this Agreement, the Borrower Borrowers may repay a Swingline Loan on its Swingline Maturity under clause (ii) above or at any time prior thereto by requesting a Revolving another Loan in accordance with Section 5.1 the terms hereof and with the proceeds thereof of such other Loan payable to the Agent Swingline Lender for its own account. The AgentSwingline Lender, at any time in its sole and absolute discretion and whether or not a Swingline Maturity shall have occurred, may require that each Revolving Bank Lender fund its participation in the then outstanding principal amount of all Swingline Loans (including, without limitation, any Swingline Loan made as an Overadvance Loan in accordance with Section 2.05(d)) by giving each Revolving Bank Lender notice thereof. Additionally, if the Borrower Borrowers shall not have repaid a Swingline Loan by 1:00 p.m. (New York City time) on the corresponding Swingline Maturity, the Agent Swingline Lender will notify each Revolving Bank Lender of the aggregate principal amount of the Swingline Loan, Loan which has not been repaid. Upon the giving of any notice by the Agent Swingline Lender under either of the preceding two sentences, each Revolving Bank Lender shall make available to the Agent, at the Principal Office, in comply with its obligation under this paragraph by wire transfer of immediately available funds, an amount equal in the same manner as provided in Section 2.05(b) with respect to its Revolving Commitment Percentage Loans made by such Lender (and Section 2.05(b) shall apply, mutatis mutandis, to the payment obligations of the aggregate principal amount of Lenders), and the Administrative Agent shall promptly pay to the Swingline Loan or Swingline Loans subject to such notice by not later than 3:00 p.m. on Lender the date such notice is received if such notice is amounts so received by 1:00 p.m. or it from the Lenders. Amounts funded by 11:00 a.m. on the next Business Day, if such notice is received after 1:00 p.m., whether or not the conditions a Lender under this Section 2.05(g) shall be deemed to a Loan under Article 7 are satisfiedconstitute ABR Revolving Loans hereunder.