Common use of Swing Line Commitment Clause in Contracts

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 10 contracts

Sources: Credit Agreement, Credit Agreement (National CineMedia, LLC), Credit Agreement (Northwestern Corp)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 10 contracts

Sources: Credit Agreement (Worldspan L P), Credit Agreement (Osullivan Industries Holdings Inc), Credit Agreement (Buffets Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to each Borrower a portion of the Borrower in credit otherwise available under the form of Commitments from time to time during the Commitment Period by making swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the such Borrower under the Revolving Credit Commitments; provided that (i) the in an aggregate principal amount of not to exceed at any one time outstanding such Swing Line Loans outstanding at any time shall not exceed the Lender’s Swing Line Commitment then in effect (notwithstanding Commitment; provided, however, that the Swing Line Loans outstanding at any time, when aggregated with the such Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may not exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) ; and (ii) provided further, however, that on the Borrower shall not request, and date of the Swing Line Lender shall not make, making of any Swing Line Loan if, after giving effect to the making of such and while any Swing Line LoanLoan is outstanding, the sum of the aggregate principal amount of the Available all outstanding Revolving Credit Commitments would be Loans and Swing Line Loans shall not exceed the Aggregate Commitment (less than zerothe Commitment of any non-funding Lender referred to in Section 2.9(b)). During the Revolving Credit Commitment PeriodPeriod applicable to each Borrower, the such Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Swing Line Loan shall bear interest at a rate per annum equal to the Federal Funds Rate plus the Applicable Margin. In no event shall any Lender be obligated to make Revolving Credit Loans or Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding if it would cause the sum of the aggregate principal amount of such L▇▇▇▇▇’s Revolving Credit Loans, Swing Line Participation Amounts and Swing Line Loans on the Revolving Credit Termination Dateto exceed such L▇▇▇▇▇’s Commitment.

Appears in 9 contracts

Sources: Credit Agreement (Columbia Funds Variable Series Trust II), Credit Agreement (Columbia Funds Variable Series Trust II), Credit Agreement (Columbia Acorn Trust)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, after the Closing Date and during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers, in the sole reasonable discretion of the Swing Line Lender, in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments, which portion is a part of and not in addition to the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount Total Revolving Extensions of Credit would exceed the Available Revolving Credit Commitments would be less than zeroLine Cap. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower Borrowers shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 7 contracts

Sources: Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to each Borrower a portion of the Borrower in credit otherwise available under the form of Commitments from time to time during the Commitment Period by making swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the such Borrower under the Revolving Credit Commitments; provided that (i) the in an aggregate principal amount of not to exceed at any one time outstanding such Swing Line Loans outstanding at any time shall not exceed the Lender’s Swing Line Commitment then in effect (notwithstanding Commitment; provided, however, that the Swing Line Loans outstanding at any time, when aggregated with the such Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may not exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) ; and (ii) provided further, however, that on the Borrower shall not request, and date of the Swing Line Lender shall not make, making of any Swing Line Loan if, after giving effect to the making of such and while any Swing Line LoanLoan is outstanding, the sum of the aggregate principal amount of the Available all outstanding Revolving Credit Commitments would be Loans and Swing Line Loans shall not exceed the Aggregate Commitment (less than zerothe Commitment of any non-funding Lender referred to in Section 2.9(b)). During the Revolving Credit Commitment PeriodPeriod applicable to each Borrower, the such Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Swing Line Loan shall bear interest at a rate per annum equal to the Federal Funds Rate plus the Applicable Margin. In no event shall any Lender be obligated to make Revolving Credit Loans or Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding if it would cause the sum of the aggregate principal amount of such Lender’s Revolving Credit Loans, Swing Line Participation Amounts and Swing Line Loans on the Revolving Credit Termination Dateto exceed such Lender’s Commitment.

Appears in 6 contracts

Sources: Credit Agreement (Wanger Advisors Trust), Credit Agreement (Columbia Funds Series Trust II), Credit Agreement (Columbia Funds Series Trust I)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Facility Commitment Period, it will make available to the Borrower in the form of swing line loans denominated in Dollars (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect Commitment, (notwithstanding that ii) the aggregate principal amount of Swing Line Loans outstanding at any time, when aggregated with the L/C Obligations, shall not exceed the Revolving Credit Commitments and (iii) the sum of (x) the aggregate principal amount of Swing Line Lender’s other Loans outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and at any time plus (iiy) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, L/C Obligations plus (z) the aggregate amount of the Available Revolving Credit Commitments would be less than zeroLoans then outstanding shall not exceed the Total Revolving Credit Commitment. During the Revolving Credit Facility Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on or before the Revolving Credit Facility Termination Date.

Appears in 6 contracts

Sources: Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments Availability would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 4 contracts

Sources: Credit Agreement (NBC Acquisition Corp), Credit Agreement (Nebraska Book Co), Credit Agreement (Nebraska Book Co)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees thatagrees, in reliance on the agreements of the other Lenders set forth in Section 2.4, that during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date. Each payment in respect of Swing Line Loans shall be made to the Swing Line Lender.

Appears in 4 contracts

Sources: Credit Agreement (White Mountains Insurance Group LTD), Credit Agreement (OneBeacon Insurance Group, Ltd.), Credit Agreement (OneBeacon Insurance Group, Ltd.)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("SWING LINE LOANS") to the Borrower; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 4 contracts

Sources: Credit Agreement (Spanish Broadcasting System Inc), Credit Agreement (Axiohm Transaction Solutions Inc), Credit Agreement (Tsi Finance Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) . The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 4 contracts

Sources: Credit Agreement (Pinnacle Entertainment Inc), Credit Agreement (Pinnacle Entertainment Inc), Credit Agreement (Pinnacle Entertainment Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Commitment Period by making swing line loans (“Swing line Loans”) to the Borrowers; provided that (i) the aggregate principal amount of Swing Line line Loans outstanding at any time shall not exceed the Swing Line line Commitment then in effect (notwithstanding that the Swing Line line Loans outstanding at any time, when aggregated with the Swing Line line Lender’s other outstanding Revolving Credit Loans hereunderLoans, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit line Commitment then in effect) and (ii) the no Borrower shall not request, and the Swing Line line Lender shall not make, any Swing Line line Loan if, after giving effect to the making of such Swing Line line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line line Loans shall be Base Rate ABR Loans only. (b) The Borrower Borrowers shall repay to the Swing line Lender the then unpaid principal amount of each Swing line Loan on the earlier of (i) the Revolving Termination Date and (i) the date occurring ten days after such Swing line Loan is made; provided that on each date that a Revolving Loan is borrowed, the Borrowers shall repay all outstanding Swing Line line Loans on the Revolving Credit Termination Datethen outstanding.

Appears in 4 contracts

Sources: Credit Agreement, Credit Agreement (SunCoke Energy Partners, L.P.), Credit Agreement (SunCoke Energy Partners, L.P.)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans ("Swing Line Loans") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 3 contracts

Sources: Credit Agreement (K&f Industries Inc), Credit Agreement (Dobson Communications Corp), Credit Agreement (Dobson Communications Corp)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees thatagrees, during so long as the Revolving Credit Commitment PeriodAdministrative Agent has not received notice that an Event of Default has occurred and is continuing, it will to make available to the Borrower in the form of swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) a portion of the credit otherwise available to the Borrower under at any time and from time to time during the Revolving Credit CommitmentsCommitment Period in an aggregate principal amount at any one time outstanding not to exceed $5,000,000; provided that (i) no Swing Line Loan may be made if the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding to be made would exceed the aggregate Available Revolving Credit Commitments at such time. Amounts borrowed by Borrower under this subsection 3.4 may be repaid at any time, when aggregated with subject to the limitation stated herein, without prior notice and, through but excluding the Revolving Credit Termination Date, reborrowed. All Swing Line Lender’s other outstanding Loans (1) shall be made as Alternate Base Rate Loans, (2) shall not be entitled to be converted into Eurodollar Loans and (3) must be repaid in full within seven days of making of such Loan or, if sooner, upon the making of any Revolving Credit Loans hereunder, may exceed Loan and shall in any event mature no later than the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Termination Date. Borrower shall not request, and give the Swing Line Lender shall not make, any irrevocable notice (which notice must be received by the Swing Line Loan ifLender prior to 3:00 p.m.) on the requested Borrowing Date specifying the amount of each requested Swing Line Loan, after giving effect which shall be in an aggregate minimum amount of $250,000 or a whole multiple of $50,000 in excess thereof. The Swing Line Lender shall, before 5:00 p.m. on such requested Borrowing Date, make available to the making Administrative Agent for the account of Borrower in same day funds, the proceeds of such Swing Line Loan, the aggregate amount Loans. The proceeds of the Available Revolving Credit Commitments would each Swing Line Loan will be less than zero. During the Revolving Credit Commitment Period, the Borrower may use made available by the Swing Line Commitment Lender to Borrower in immediately available funds to be delivered by borrowing, repaying and reborrowing, all wire transfer to the account(s) designated by Borrower in accordance with the terms and conditions hereofapplicable borrowing notice. The proceeds of Swing Line Loans shall may be Base Rate Loans onlyused solely for the purposes referred to in subsection 3.3. (b) The Swing Line Lender at any time in its sole and absolute discretion may, and on the fifteenth day (or if such day is not a Business Day, the next Business Day) and last Business Day of each calendar month shall, on behalf of Borrower shall repay all outstanding (which hereby irrevocably directs the Swing Line Lender to act on its behalf) request each Revolving Credit Lender, including the Swing Line Lender, to make a Revolving Credit Loan in an amount equal to such Lender’s Revolving Credit Commitment Percentage of the amount of the Swing Line Loans (the “Refunded Swing Line Loans”) outstanding on the date such notice is given. Unless any of the events described in paragraph (f) of Section 9 shall have occurred and be continuing (in which event the procedures of paragraph (c) of this subsection 3.4 shall apply), each such Lender shall make the proceeds of its Revolving Credit Termination DateLoan available to the Swing Line Lender for the account of the Swing Line Lender at the office of the Swing Line Lender specified in subsection 11.2 (or such other location as the Swing Line Lender may direct) prior to 12:00 noon in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Credit Loans shall be immediately applied to repay the Refunded Swing Line Loans. (c) If, prior to the making of a Revolving Credit Loan pursuant to paragraph (b) of this subsection 3.4, one of the events described in paragraph (f) of Section 9 shall have occurred and be continuing, each Revolving Credit Lender will, on the date such Loan was to have been made, purchase an undivided participating interest in the Refunded Swing Line Loan in an amount equal to its Revolving Credit Commitment Percentage of such Refunded Swing Line Loan. Each such Lender will immediately transfer to the Swing Line Lender in immediately available funds, the amount of its participation and upon receipt thereof the Swing Line Lender will deliver to such Lender a Swing Line Loan Participation Certificate dated the date of receipt of such funds and in such amount. (d) Whenever, at any time after the Swing Line Lender has received from any Revolving Credit Lender such Lender’s participating interest in a Refunded Swing Line Loan, the Swing Line Lender receives any payment on account thereof, the Swing Line Lender will distribute to such Lender its participating interest in such amount (appropriately adjusted, in the case of interest payments, to reflect the period of time during which such Lender’s participating interest was outstanding and funded) in like funds as received; provided that, in the event that such payment received by the Swing Line Lender is required to be returned, such Lender will return to the Swing Line Lender any portion thereof previously distributed by the Swing Line Lender to it in like funds as such payment is required to be returned by the Swing Line Lender. (e) The obligation of each Revolving Credit Lender to purchase participating interests pursuant to subsection 3.4(c) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, Borrower or any other Person for any reason whatsoever; (ii) the occurrence or continuance of an Event of Default; (iii) any adverse change in the condition (financial or otherwise) of Borrower; (iv) any breach of this Agreement by Borrower or any other Lender; or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Appears in 3 contracts

Sources: Credit Agreement (Atlantic Broadband Finance, LLC), Credit Agreement (Atlantic Broadband Management, LLC), Credit Agreement (Atlantic Broadband Finance, LLC)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 3 contracts

Sources: Credit Agreement (Nebraska Book Co), Credit Agreement (NBC Acquisition Corp), Credit Agreement (Nebraska Book Co)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, Chase (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate ABR Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 3 contracts

Sources: Credit Agreement (International Home Foods Inc), Credit Agreement (International Home Foods Inc), Credit Agreement (International Home Foods Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees thatagrees, during so long as the Revolving Credit Commitment PeriodAdministrative Agent has not received notice that an Event of Default has occurred and is continuing, it will to make available to the Borrower in the form of swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) a portion of the credit otherwise available to the Borrower under at any time and from time to time during the Revolving Credit CommitmentsCommitment Period in an aggregate principal amount at any one time outstanding not to exceed $5,000,000; provided that (i) no Swing Line Loan may be made if the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding to be made would exceed the aggregate Available Revolving Credit Commitments at such time. Amounts borrowed by Borrower under this subsection 3.4 may be repaid at any time, when aggregated with subject to the limitation stated herein, without prior notice and, through but excluding the Revolving Credit Termination Date, reborrowed. All Swing Line Lender’s other outstanding Loans (1) shall be made as Alternate Base Rate Loans, (2) shall not be entitled to be converted into Eurodollar Loans and (3) must be repaid in full within seven days of making of such Loan or, if sooner, upon the making of any Revolving Credit Loans hereunder, may exceed Loan and shall in any event mature no later than the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Termination Date. Borrower shall not request, and give the Swing Line Lender shall not make, any irrevocable notice (which notice must be received by the Swing Line Loan ifLender prior to 1:00 p.m.) on the requested Borrowing Date specifying the amount of each requested Swing Line Loan, after giving effect which shall be in an aggregate minimum amount of $250,000 or a whole multiple of $50,000 in excess thereof. The Swing Line Lender shall, before 6:00 p.m. on such requested Borrowing Date, make available to the making Administrative Agent for the account of Borrower in same day funds, the proceeds of such Swing Line Loan, the aggregate amount Loans. The proceeds of the Available Revolving Credit Commitments would each Swing Line Loan will be less than zero. During the Revolving Credit Commitment Period, the Borrower may use made available by the Swing Line Commitment Lender to Borrower in immediately available funds to be delivered by borrowing, repaying and reborrowing, all wire transfer to the account(s) designated by Borrower in accordance with the terms and conditions hereofapplicable borrowing notice. The proceeds of Swing Line Loans shall may be Base Rate Loans onlyused solely for the purposes referred to in subsection 3.3. (b) The Swing Line Lender at any time in its sole and absolute discretion may, and on the fifteenth day (or if such day is not a Business Day, the next Business Day) and last Business Day of each calendar month shall, on behalf of Borrower shall repay all outstanding (which hereby irrevocably directs the Swing Line Lender to act on its behalf) request each Revolving Credit Lender, including the Swing Line Lender, to make a Revolving Credit Loan in an amount equal to such Lender’s Revolving Credit Commitment Percentage of the amount of the Swing Line Loans (the “Refunded Swing Line Loans”) outstanding on the date such notice is given. Unless any of the events described in paragraph (f) of Section 9 shall have occurred and be continuing (in which event the procedures of paragraph (c) of this subsection 3.4 shall apply), each such Lender shall make the proceeds of its Revolving Credit Termination DateLoan available to the Swing Line Lender for the account of the Swing Line Lender at the office of the Swing Line Lender specified in subsection 11.2 (or such other location as the Swing Line Lender may direct) prior to 12:00 noon in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Credit Loans shall be immediately applied to repay the Refunded Swing Line Loans. (c) If, prior to the making of a Revolving Credit Loan pursuant to paragraph (b) of this subsection 3.4, one of the events described in paragraph (f) of Section 9 shall have occurred and be continuing, each Revolving Credit Lender will, on the date such Loan was to have been made, purchase an undivided participating interest in the Refunded Swing Line Loan in an amount equal to its Revolving Credit Commitment Percentage of such Refunded Swing Line Loan. Each such Lender will immediately transfer to the Swing Line Lender in immediately available funds, the amount of its participation and upon receipt thereof the Swing Line Lender will deliver to such Lender a Swing Line Loan Participation Certificate dated the date of receipt of such funds and in such amount. (d) Whenever, at any time after the Swing Line Lender has received from any Revolving Credit Lender such Lender’s participating interest in a Refunded Swing Line Loan, the Swing Line Lender receives any payment on account thereof, the Swing Line Lender will distribute to such Lender its participating interest in such amount (appropriately adjusted, in the case of interest payments, to reflect the period of time during which such Lender’s participating interest was outstanding and funded) in like funds as received; provided that, in the event that such payment received by the Swing Line Lender is required to be returned, such Lender will return to the Swing Line Lender any portion thereof previously distributed by the Swing Line Lender to it in like funds as such payment is required to be returned by the Swing Line Lender. (e) The obligation of each Revolving Credit Lender to purchase participating interests pursuant to subsection 3.4(c) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, Borrower or any other Person for any reason whatsoever; (ii) the occurrence or continuance of an Event of Default; (iii) any adverse change in the condition (financial or otherwise) of Borrower; (iv) any breach of this Agreement by Borrower or any other Lender; or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Appears in 3 contracts

Sources: Credit Agreement (Language Line Costa Rica, LLC), Credit Agreement (Language Line Holdings, Inc.), Credit Agreement (Language Line, Inc.)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees thatagrees, in reliance on the agreements of the other Lenders set forth in Section 2.4, that during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the earlier to occur of (i) the date ten Business Days after such Swing Line Loan is made and (ii) the Revolving Credit Termination Date. Each payment in respect of Swing Line Loans shall be made to the Swing Line Lender.

Appears in 3 contracts

Sources: Credit Agreement (Symetra Financial CORP), Credit Agreement (Symetra Financial CORP), Credit Agreement (Symetra Financial CORP)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) . The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Maturity Date.

Appears in 3 contracts

Sources: Credit Agreement (National CineMedia, Inc.), Credit Agreement (National CineMedia, Inc.), Credit Agreement (National CineMedia, Inc.)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 3 contracts

Sources: First Lien Credit Agreement (Spanish Broadcasting System Inc), Credit Agreement (Syniverse Technologies Inc), Credit Agreement (Ws Financing Corp)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, The First National Bank of Boston (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsLenders' Revolving Credit Commitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrowers in an aggregate principal amount not to exceed at any one time outstanding the Swing Line Commitment; provided that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Designated Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) . The Borrower shall repay all outstanding Swing Line Loans on the last day of the Revolving Credit Termination DateCommitment Period.

Appears in 2 contracts

Sources: Credit Agreement (Kirklands Inc), Credit Agreement (Kirklands Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Swing Line Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided provided, that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Swing Line Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 2 contracts

Sources: Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Las Vegas LLC)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and ), (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zerozero and (iii) the Total Revolving Extensions of Credit shall at no time exceed the Maximum Facility Availability at such time. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 2 contracts

Sources: Credit Agreement (Hudson Pacific Properties, Inc.), Credit Agreement (Hudson Pacific Properties, Inc.)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees thatagrees, in reliance on the agreements of the other Lenders set forth in Section 2.4, that during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) all Swing Line Loans shall be made at the sole and absolute discretion of the Swing Line Lender, (ii) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) ), and (iiiii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date. Each payment in respect of Swing Line Loans shall be made to the Swing Line Lender.

Appears in 2 contracts

Sources: Credit Agreement (White Mountains Insurance Group LTD), Credit Agreement (White Mountains Insurance Group LTD)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Dollar Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans denominated in Dollars (“Dollar Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Dollar Revolving Credit Commitments; provided provided, that (i) the aggregate principal amount of Dollar Swing Line Loans outstanding at any time shall not exceed the Dollar Swing Line Commitment then in effect (notwithstanding that the Dollar Swing Line Loans outstanding at any time, when aggregated with the Dollar Swing Line Lender’s other outstanding Dollar Revolving Credit Loans hereunder, may exceed the Dollar Swing Line Commitment then in effect or such the Dollar Swing Line Lender’s Dollar Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Dollar Swing Line Lender shall not make, any Dollar Swing Line Loan if, after giving effect to the making of such Dollar Swing Line Loan, the aggregate amount of the Available Dollar Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Dollar Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Dollar Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 2 contracts

Sources: Credit Agreement (Bucyrus International Inc), Credit Agreement (Bucyrus International Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, --------------------- the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the each Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that Commitments from time to time during the Commitment Period by making swing line loans (i"Swing Line Loans") the to such ---------------- Borrower in an aggregate principal amount of Swing Line Loans outstanding not to exceed at any one time shall not exceed outstanding the Swing Line Commitment then in effect (provided, however, notwithstanding that the -------- ------- foregoing the Swing Line Loans made by the Swing Line Lender outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may not exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit 's Commitment then in effect) and (ii) ); provided, further, however, that on the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to date of the making of such any -------- ------- ------- Swing Line Loan, the sum of the aggregate principal amount of the Available all outstanding Revolving Credit Loans and Swing Line Loans shall not exceed the total Commitments would be (less than zerothe Commitment of any non-funding Lender referred to in Section 2.9(b)). During the Revolving Credit Commitment PeriodPeriod applicable to each Borrower, the such Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Swing Line Loans Loan shall be Base bear interest at a rate per annum equal to the Federal Funds Rate Loans onlyplus the Applicable Margin. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 2 contracts

Sources: Credit Agreement (Mercantile Mutual Funds Inc), Credit Agreement (Mercantile Mutual Funds Inc)

Swing Line Commitment. (a) ). Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Availability Period, it will make available to the Borrower in the form of swing line loans funded and repayable solely in Dollars (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments Availability would be less than zero. During the Revolving Credit Commitment Availability Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Borrowing of Swing Line Loans shall be Base Rate Loans onlycomprised entirely of ABR Loans. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 2 contracts

Sources: Revolving Credit and Guaranty Agreement (Tower International, Inc.), Revolving Credit and Guaranty Agreement (Tower International, Inc.)

Swing Line Commitment. (a) Subject to the terms and conditions --------------------- hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal ------------------ -------- amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate made as ABR Loans onlyonly and shall not be entitled to be converted into Eurodollar Loans. (b) The Borrower shall repay all outstanding Swing Line Loans on the Scheduled Revolving Credit Termination DateDate or such earlier date on which the Revolving Credit Commitments shall terminate as provided herein.

Appears in 2 contracts

Sources: Credit Agreement (Details Inc), Credit Agreement (Details Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments1 Commitments from time to time during the Swing Line Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided provided, that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit 1 Commitments would be less than zero. During the Revolving Swing Line Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) . The Borrower shall repay may at any time and from time to time prepay all or any portion of the outstanding Swing Line Loans on the Revolving Credit Termination Datein accordance with Section 2.11.

Appears in 2 contracts

Sources: Credit Agreement (Wynn Las Vegas LLC), Credit Agreement (Wynn Resorts LTD)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, BankBoston, N.A. (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under Borrowers hereunder, from time to time prior to the Revolving Credit CommitmentsTermination Date, by making swing line loans ("Swing Line Loans") to the Borrowers, jointly and severally, in an aggregate principal amount not to exceed at any one time outstanding the Swing Line Commitment; provided PROVIDED that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments Amount would be less than zero$0. During Prior to the Revolving Credit Commitment PeriodTermination Date, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans or Money Market Loans only. (b) . The Borrower Borrowers may use the proceeds of Revolving Credit Advances from time to time to repay any outstanding Swing Line Loans. The Borrowers, jointly and severally, shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date. On the Closing Date, the Borrowers shall deliver to the Swing Line Lender a Swing Line Note to evidence the Swing Line Loans from time to time made by the Swing Line Lender to the Borrowers hereunder.

Appears in 2 contracts

Sources: Credit Agreement (American Skiing Co /Me), Credit Agreement (American Skiing Co /Me)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower Borrowers shall repay all each outstanding Swing Line Loans Loan on the date that is the earlier of (x) the New Revolving Credit Termination DateDate and (y) the date that is the seventh Business Day after the date on which such Swing Line Loan is made. In addition, the Borrowers shall repay each outstanding Swing Line Loan on the Original Revolving Credit Termination Date (other than with proceeds of an R-1 Revolving Credit Loan).

Appears in 1 contract

Sources: Credit Agreement (Delek US Holdings, Inc.)

Swing Line Commitment. (a) Subject to the terms and conditions hereofhereof (including Section 5), the Swing Line Lender agrees that, during the Revolving Credit Commitment PeriodPeriod (other than on the Closing Date), it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Local Insight Yellow Pages, Inc.)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans ("Swing Line Loans") a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower Borrowers shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date. Each payment in respect of Swing Line Loans shall be made to the Swing Line Lender.

Appears in 1 contract

Sources: Credit Agreement (White Mountains Insurance Group LTD)

Swing Line Commitment. (a) Subject to the terms and conditions --------------------- hereof, Fleet (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) Borrowers a portion of the credit otherwise available to the Borrower under Borrowers hereunder from time to time prior to the Revolving Credit CommitmentsTermination Date by making swing line loans ("Swing Line Loans") to the Borrowers, jointly and severally, in an aggregate principal amount not to exceed at any one time outstanding the Swing Line Commitment; provided that (ia) the aggregate principal -------- amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower Borrowers shall not request, and the Swing Line Lender shall not be obligated to make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Loans, the Swing Line Loans and the stated amount of all Letters of Credit Commitments would be less than zeroexceed the lesser of the Borrowing Base in effect at such time and the Commitment Amount. During Prior to the Revolving Credit Commitment PeriodTermination Date, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) . The Borrower Borrowers may use the proceeds of Revolving Credit Advances from time to time to repay any outstanding Swing Line Loans. The Borrowers, jointly and severally, shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date. On the Closing Date, the Borrowers shall deliver to the Swing Line Lender a Swing Line Note to evidence the Swing Line Loans from time to time made by the Swing Line Lender to the Borrowers hereunder.

Appears in 1 contract

Sources: Credit Agreement (Brookstone Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Commitment Period by making swing line loans (“Swing line Loans”) to the Borrowers; provided that (i) the aggregate principal amount of Swing Line line Loans outstanding at any time shall not exceed the Swing Line line Commitment then in effect (notwithstanding that the Swing Line line Loans outstanding at any time, when aggregated with the Swing Line line Lender’s other outstanding Revolving Credit Loans hereunderLoans, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit line Commitment then in effect) and (ii) the no Borrower shall not request, and the Swing Line line Lender shall not make, any Swing Line line Loan if, after giving effect to the making of such Swing Line line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line line Loans shall be Base Rate ABR Loans only. (b) The Borrower Borrowers shall repay to the Swing line Lender the then unpaid principal amount of each Swing line Loan on the earlier of (i) the Revolving Termination Date and (i) the date occurring ten days after such Swing line Loan is made; provided that on each date that a Revolving Loan is borrowed, the Borrowers shall repay all outstanding Swing Line line Loans on the Revolving Credit Termination Datethen outstanding.

Appears in 1 contract

Sources: Credit Agreement

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans ("Swing Line Loans") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Indenture (Dobson Communications Corp)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrowers in Dollars; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans onlyonly and shall not be entitled to be converted into Eurocurrency Loans. (b) The Borrower Borrowers shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Grove Investors Capital Inc)

Swing Line Commitment. The Swing Line Lender shall from time to time from the Closing Date through the day prior to the Maturity Date make loans to Borrower in such amounts as Borrower may request, up to an aggregate maximum amount of the Swing Line Commitment (each, a “Swing Line Loan”), provided that (a) Subject if after giving effect to the terms and conditions hereof, the such Swing Line Lender agrees thatLoan, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall Revolving Facility Usage does not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding Borrowing Availability at any such time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the aggregate outstanding amount of the Revolving Loans of any Lender, plus such Lender’s Pro Rata Share of the outstanding amount of all Letter of Credit Obligations, plus such Lender’s Pro Rata Share of the outstanding amount of all Swing Line Loans shall not exceed such Lender’s Revolving Commitment; (b) Borrower shall not request, and use the Swing Line Lender shall not make, proceeds of any Swing Line Loan ifto refinance any outstanding Swing Line Loan; and (c) without the consent of all of the Lenders, after giving effect no Swing Line Loan may be made during the continuation of an Event of Default, provided written notice of such Event of Default shall have been provided to Swing Line Lender by Administrative Agent sufficiently in advance of the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Willis Lease Finance Corp)

Swing Line Commitment. (a) Subject to the terms and conditions --------------------- hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal ------------------ -------- amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof; provided, however, that up to $25,000,000 of the Revolving -------- ------- Credit Loans and Swing Line Loans may be used to finance a portion of the Recapitalization and to pay related fees and expenses. Swing Line Loans shall be Base Rate ABR Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Paragon Health Network Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) denominated in Dollars a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments at such time would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Tronox Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans ("Swing Line Loans") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Gentiva Health Services Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans ("Swing Line Loans") denominated in Dollars a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments at such time would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Tronox Inc)

Swing Line Commitment. (a) ). Subject to the terms and conditions hereof, from time to time during the Availability Period, each Swing Line Lender severally agrees that, during the Revolving Credit Commitment Period, that it will make available to the Borrower in the form of swing line loans funded and repayable solely in Dollars (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the i)the aggregate principal amount of Swing Line Loans outstanding at any time made by such Swing Line Lender shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect, (ii) such Swing Line Lender’s Revolving Credit Exposure shall not at any time exceed its Revolving Credit Commitment then in effect, (iii) the aggregate principal amount of all outstanding Swing Line Loans shall not at any time exceed the Swing Line Sublimit and (iiiv) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments Availability would be less than zero; provided further, that a Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. During the Revolving Credit Commitment Availability Period, the Borrower may use the borrow, prepay and reborrow Swing Line Commitment by borrowing, repaying and reborrowingLoans, all in accordance with the terms and conditions hereof. Each Borrowing of Swing Line Loans shall be Base Rate Loans onlycomprised entirely of ABR Loans. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Revolving Credit and Guaranty Agreement (Tower International, Inc.)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrowers; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zerozero or the aggregate Revolving Extensions of Credit then outstanding would exceed the Borrowing Base. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower Borrowers shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Harvard Industries Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to each Borrower a portion of the Borrower in credit otherwise available under the form of Commitments from time to time during the Commitment Period by making swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the such Borrower under the Revolving Credit Commitments; provided that (i) the in an aggregate principal amount of not to exceed at any one time outstanding such Swing Line Loans outstanding at any time shall not exceed the Lender’s Swing Line Commitment then in effect (notwithstanding Commitment; provided, however, that the Swing Line Loans outstanding at any time, when aggregated with the such Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may not exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) ; and (ii) provided further, however, that on the Borrower shall not request, and date of the Swing Line Lender shall not make, making of any Swing Line Loan if, after giving effect to the making of such and while any Swing Line LoanLoan is outstanding, the sum of the aggregate principal amount of the Available all outstanding Revolving Credit Loans and Swing Line Loans shall not exceed the total Commitments would be (less than zerothe Commitment of any non-funding Lender referred to in Section 2.9(b)). During the Revolving Credit Commitment PeriodPeriod applicable to each Borrower, the such Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Swing Line Loan shall bear interest at a rate per annum equal to the Federal Funds Rate plus the Applicable Margin. In no event shall any Lender be obligated to make Revolving Credit Loans or Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding if it would cause the sum of the aggregate principal amount of such Lender’s Revolving Credit Loans, Swing Line Participation Amounts and Swing Line Loans on the Revolving Credit Termination Dateto exceed such Lender’s Commitment.

Appears in 1 contract

Sources: Credit Agreement (Columbia Funds Series Trust I)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Swing Line Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided provided, that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Swing Line Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) . The Borrower shall repay may at any time and from time to time prepay all or any portion of the outstanding Swing Line Loans on the Revolving Credit Termination Datein accordance with Section 2.11.

Appears in 1 contract

Sources: Credit Agreement (Wynn Resorts LTD)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) . The Borrower shall repay all outstanding Swing Line Loans on the Non-Extending Revolving Credit Termination Date and on the Extending Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Pinnacle Entertainment Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding to the Swing Line Loans Lender the then unpaid principal amount of each Swing Line Loan on the earlier of the Revolving Credit Termination DateDate and the first date after such Swing Line Loan is made that is the 15th or last day of a calendar month and is at least five Business Days after such Swing Line Loan is made, provided that, on each date that a Revolving Credit Loan is borrowed, the Borrower shall repay all Swing Line Loans then outstanding.

Appears in 1 contract

Sources: Credit Agreement (Archstone Smith Operating Trust)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”"SWING LINE LOANS") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date. Each payment in respect of Swing Line Loans shall be made to the Swing Line Lender.

Appears in 1 contract

Sources: Credit Agreement (White Mountains Insurance Group LTD)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Revolving Credit Agreement (Grand Union Co /De/)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving the Credit Termination Date. Each payment in respect of Swing Line Loans shall be made to Swing Line Lender.

Appears in 1 contract

Sources: Credit Agreement (Symetra Financial CORP)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans ("Swing Line Loans") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, (A) the aggregate amount of the Available Revolving Credit Commitments would be less than zero, (B) the Total Revolving Extensions of Credit would exceed the Borrowing Base or (C) the Total Revolving Extensions of Credit, when added to the Total Supplemental Extensions of Credit, would exceed the Total Revolving Credit Commitments. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Anc Rental Corp)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Dollar Swing Line Lender agrees that, during prior to the Extending Revolving Credit Commitment PeriodTermination Date, it will make available to the Borrower in the form of swing line loans denominated in Dollars (“Dollar Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Dollar Revolving Credit Commitments; provided that (i) the aggregate principal amount of Dollar Swing Line Loans outstanding at any time shall not exceed the Dollar Swing Line Commitment then in effect (notwithstanding that the Dollar Swing Line Loans outstanding at any time, when aggregated with the Dollar Swing Line Lender’s other outstanding Dollar Revolving Credit Loans hereunder, may exceed the Dollar Swing Line Commitment then in effect or such the Dollar Swing Line Lender’s Dollar Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Dollar Swing Line Lender shall not make, any Dollar Swing Line Loan if, after giving effect to the making of such Dollar Swing Line Loan, the aggregate amount of the Available Dollar Revolving Credit Commitments would be less than zero. During Prior to the Extending Revolving Credit Commitment PeriodTermination Date, the Borrower may use the Dollar Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Dollar Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Bucyrus International Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereofof this Agreement, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available loans to the Borrower in on a revolving basis (each such loan, a "SWING LINE LOAN") from time to time on any Business Day during the form period from and including the date of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available this Agreement to the Borrower under the Revolving Credit CommitmentsFacility Termination Date in an aggregate principal amount at any one time outstanding not to exceed $10,000,000; provided PROVIDED, HOWEVER, that (ix) the sum of the aggregate principal amount of all outstanding Swing Line Loans plus the aggregate principal amount of all outstanding Revolving Loans plus the aggregate outstanding L/C Obligations shall not at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any timeAggregate Commitment, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iiy) the Borrower shall not request, and the Swing Line Lender shall not make, any have no obligation to make a Swing Line Loan if, after giving effect to if the making principal amount of such Swing Line Loan, when added to the aggregate principal amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Periodall Swing Line Loans then outstanding, the Borrower may use L/C Obligations owing to the Swing Line Lender in its capacity as a Lender and the aggregate principal amount of all Revolving Loans made by the Swing Line Lender in its capacity as a Lender shall exceed the Commitment by borrowing, repaying and reborrowing, all applicable to the Swing Line Lender in accordance with the terms and conditions hereofits capacity as a Lender. All Swing Line Loans shall be Base made in Dollars and maintained as Floating Rate Loans only. with interest thereon payable under the terms of SECTIONS 2.8 and 2.11, and repayments to be made thereof under the terms of SECTIONS 2.5 (b) The Borrower shall repay all outstanding except for the last sentence thereof), 2.12, 2.14, and 2.20, in each case as if such Swing Line Loans on the Revolving Credit Termination DateLoan were a Floating Rate Advance.

Appears in 1 contract

Sources: Credit Agreement (Loewen Group Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("SWING LINE LOANS") to the Borrower; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Nebraska Book Co)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Alliance Laundry Systems LLC)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s Revolving Credit Commitment then in effect), (ii) the Total Revolving Extensions of Credit shall not exceed the lesser of (x) the Total Revolving Credit Commitments, and (iiy) the then current Borrowing Base, (iii) the Borrower shall not request, and the Swing Line Lender shall not knowingly and intentionally make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero, and (iv) the aggregate principal amount of the Revolving Credit Loans and Swing Line Loans then outstanding, does not exceed the Maximum Revolving Credit Cash Amount. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. The Swing Line Loans shall be denominated in either Dollars or Canadian Dollars at the option of the Borrower. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Pope & Talbot Inc /De/)

Swing Line Commitment. (a) Borrowers acknowledge and agree that (i) as of the First Amendment Effective Date, there are no “Swing Line Loans” outstanding under the Existing Credit Agreement. Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower Borrowers shall repay all each outstanding Swing Line Loans Loan on the date that is the earlier of (x) the Revolving Credit Termination DateDate and (y) the date that is the fifth (5th) Business Day after the date on which such Swing Line Loan is made.

Appears in 1 contract

Sources: Credit Agreement (Delek US Holdings, Inc.)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Facility Commitment Period, it will make available to the Borrower in the form of swing line loans denominated in Dollars (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the LC/Swing Line Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect Commitment, (notwithstanding that ii) the aggregate principal amount of Swing Line Loans outstanding at any time, when aggregated with the L/C Obligations, shall not exceed the LC/Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed Commitments and (iii) the sum of (x) the aggregate principal amount of Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and Loans outstanding at any time plus (iiy) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, L/C Obligations plus (z) the aggregate amount of the Available Revolving Credit Commitments would be less than zeroLoans then outstanding shall not exceed the Total Revolving Credit Commitment. During the Revolving Credit Facility Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on or before the Revolving Credit Facility Termination Date.

Appears in 1 contract

Sources: First Lien Credit Agreement (Six Flags Entertainment Corp)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees thatagrees, in reliance on the agreements of the other Lenders set forth in Section 2.4, that during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower Borrowers shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date. Each payment in respect of Swing Line Loans shall be made to the Swing Line Lender.

Appears in 1 contract

Sources: Credit Agreement (White Mountains Insurance Group LTD)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit US Dollar RCF Commitment Period, it will make available to the US Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the US Borrower under the Revolving Credit US Dollar RCF Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit US Dollar RCF Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s Revolving Credit US Dollar RCF Commitment then in effect) and (ii) the US Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit US Dollar RCF Commitments would be less than zero. During the Revolving Credit US Dollar RCF Commitment Period, the US Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The US Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit US Dollar RCF Termination Date.

Appears in 1 contract

Sources: Credit Agreement (LKQ Corp)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the no Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, (A) the aggregate amount of the Available Revolving Credit Commitments would be less than zerozero or (B) the aggregate amount of the Revolving Extensions of Credit owing by such Borrower would exceed the limit applicable to such Borrower set forth in Section 2.4(c). During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on On the Revolving Credit Termination Date, each Borrower shall repay all then outstanding Swing Line Loans made to such Borrower.

Appears in 1 contract

Sources: Credit Agreement (General Growth Properties Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Corrections Corp of America)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Swing Line Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided provided, that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Swing Line Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) . The Borrower shall repay may at any time and from time to time prepay all or any portion of the outstanding Swing Line Loans on the Revolving Credit Termination Datein accordance with Section 2.11.

Appears in 1 contract

Sources: Credit Agreement (Wynn Resorts LTD)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and ), (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zerozero and (iii) the Total Revolving Extensions of Credit shall at no time exceed the Maximum Facility Availability at such time. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Chatham Lodging Trust)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, --------------------- Chase (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make available to the ----------------- each Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that Commitments from time to time during the Commitment Period by making swing line loans (i"Swing Line Loans") the to such Borrower in an aggregate principal amount of Swing Line Loans outstanding not to ------------------ exceed at any one time shall not exceed outstanding the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit 's Commitment then in effect) and (ii) ); provided, however, -------- ------- that on the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to date of the making of such any Swing Line Loan, the sum of the aggregate principal amount of the Available all outstanding Revolving Credit Loans and Swing Line Loans shall not exceed the total Commitments would be (less than zerothe Commitment of any non-funding Lender referred to in Section 2.9(b)). During the Revolving Credit Commitment PeriodPeriod applicable to each Borrower, the such Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Swing Line Loans Loan shall be Base bear interest at a rate per annum equal to the Federal Funds Rate Loans onlyplus the Applicable Margin. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Excelsior Tax Exempt Funds Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Adjusted Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s 's Adjusted Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on (i) the fifth Business Day after the Borrowing Date of each Base Rate Loan, and (ii) in all cases on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Restructuring Credit Agreement (Imperial Sugar Co /New/)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, BankBoston (in such capacity, the "Swing Line Lender Bank") agrees that, during to make a portion of the Revolving Credit Commitment Period, it will make Working Capital Commitments available to the Borrower in Agent during the form of Working Capital Commitment Period by making swing line loans (such loans are hereinafter sometimes referred to collectively as the "Swing Line Loans”) " and each singly as a portion "Swing Line Loan" and do not include any of the credit otherwise available Working Capital Loans) to the Borrower under Agent in an aggregate principal amount not to exceed at any one time outstanding the Revolving Credit CommitmentsSwing Line Commitment; provided however, that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower Agent shall not request, and the Swing Line Lender Bank shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount Aggregate Working Capital Outstandings of all of the Available Revolving Credit Banks would exceed the Working Capital Commitments would be less than zeroat such time. During the Revolving Credit Working Capital Commitment Period, the Borrower Agent may use the Swing Line Commitment by borrowing, repaying and reborrowingreborrowing Swing Line Loans, all in accordance with the terms and conditions hereof. Swing Line Loans shall may be Base Rate ABR Loans only. (b) The . To the extent not otherwise prohibited under this Agreement, the Borrower shall repay all outstanding Agent may convert any Swing Line Loans on Loan to a Working Capital Loan by delivering a written notice thereof to the Revolving Credit Termination DateSwing Line Bank.

Appears in 1 contract

Sources: Loan Agreement (Fine Host Corp)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, BankBoston, N.A. (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under Borrowers hereunder, from time to time prior to the Revolving Credit CommitmentsTermination Date, by making swing line loans ("Swing Line Loans") to the Borrowers, jointly and severally, in an aggregate principal amount not to exceed at any one time outstanding the Swing Line Commitment; provided that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments Amount would be less than zero$0. During Prior to the Revolving Credit Commitment PeriodTermination Date, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans or Money Market Loans only. (b) . The Borrower Borrowers may use the proceeds of Revolving Credit Advances from time to time to repay any outstanding Swing Line Loans. The Borrowers, jointly and severally, shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date. On the Closing Date, the Borrowers shall deliver to the Swing Line Lender a Swing Line Note to evidence the Swing Line Loans from time to time made by the Swing Line Lender to the Borrowers hereunder.

Appears in 1 contract

Sources: Credit Agreement (American Skiing Co /Me)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Primary Borrower in the form of swing line loans (“Swing Line Loans”"SWING LINE LOANS") a portion of the credit otherwise available to the Primary Borrower under the Revolving Credit Commitments; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Primary Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Primary Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Primary Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date. Each payment in respect of Swing Line Loans shall be made to the Swing Line Lender.

Appears in 1 contract

Sources: Credit Agreement (White Mountains Insurance Group LTD)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrowers; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate made as ABR Loans onlyonly and shall not be entitled to be converted into Eurodollar Loans. (b) The Borrower Borrowers shall repay all outstanding Swing Line Loans on the Scheduled Revolving Credit Termination DateDate or such earlier date on which the Revolving Credit Commitments shall terminate as provided herein.

Appears in 1 contract

Sources: Credit Agreement (Ddi Corp)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, Chase (in such capacity, the "Swing Line Lender Lender") agrees that, to make a portion of the Revolving Credit Commitments available to the Borrower during the Revolving Credit Commitment Period, it will make available Period by making swing line loans ("Swing Line Loans") to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the an aggregate principal amount of Swing Line Loans outstanding not to exceed at any one time shall not exceed outstanding the Swing Line Commitment then in effect (effect, notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with time plus the Swing Line Lender’s other 's outstanding Revolving Credit Loans hereunder, at that time may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) at such time; provided that the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount Aggregate Revolving Credit Outstandings of all the Available Lenders would exceed the Revolving Credit Commitments would be less than zeroat such time. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, reborrowing Swing Line Loans all in accordance with the terms and conditions hereof. Swing Line Loans shall may be Base Rate ABR Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit and Guarantee Agreement (Twinlab Corp)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments2 Commitments from time to time during the Swing Line Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided provided, that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit 2 Commitments would be less than zero. During the Revolving Swing Line Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) . The Borrower shall repay may at any time and from time to time prepay all or any portion of the outstanding Swing Line Loans on the Revolving Credit Termination Datein accordance with Section 2.11.

Appears in 1 contract

Sources: Credit Agreement (Wynn Resorts LTD)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender Lender, in reliance on the agreements of the other Lenders set forth in subsection 3.16, agrees that, to make swing line loans ("Swing Line Loans") to the Borrower from time to time during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans provided that (a) no Swing Line Loans”) Lender shall have any obligation to make a portion Swing Line Loan if, after giving effect to any such Swing Line Loans and the use of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that proceeds thereof, (i) the aggregate principal amount of Swing Line Loans then outstanding would exceed the Swing Line Commitment, (ii) the Aggregate Revolving Credit Outstandings at such time would exceed the Revolving Credit Commitments in effect at such time or (iii) the Aggregate Outstanding Extensions of Credit at such time would exceed the Borrowing Base at such time, and (b) all borrowings and prepayments of Swing Line Loans shall be made such that the aggregate principal amount of Swing Line Loans of each Swing Line Lender outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zeroequal. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying prepaying and reborrowingreborrowing the Swing Line Loans in whole or in part, all in accordance with the terms and conditions hereof. All Swing Line Loans shall be Base Rate Loans onlyABR Loans. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Service Merchandise Co Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, Fleet National Bank (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsLenders' Revolving Credit Commitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrowers in an aggregate principal amount not to exceed at any one time outstanding the Swing Line Commitment; provided that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Designated Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) . The Borrower shall repay all outstanding Swing Line Loans on the last day of the Revolving Credit Termination DateCommitment Period.

Appears in 1 contract

Sources: Credit Agreement (Kirklands Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans in Dollars ("Swing Line Loans") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and ), (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zerozero and (iii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the Total Revolving Extensions of Credit would exceed the Borrowing Base. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Avery Berkel Holdings LTD)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, Chase (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Parent Borrower under the US$ Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Parent Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Parent Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available US$ Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Parent Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate ABR Loans only. (b) The Parent Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (International Home Foods Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the any Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the no Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate ABR Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Competitive Advance and Revolving Credit Facility (Delphi Automotive Systems Corp)

Swing Line Commitment. (a) ). Borrowers acknowledge and agree that as of the Third Restatement Effective Date, there are no “Swing Line Loans” outstanding under the Existing Credit Agreement. Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Delek US Holdings, Inc.)

Swing Line Commitment. (a) Subject to the terms and conditions hereofof this Agreement, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available loans to the Borrower in on a revolving basis (each such loan, a "SWING LINE LOAN") from time to time on any Business Day during the form period from and including the date of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available this Agreement to the Borrower under the Revolving Credit CommitmentsFacility A Termination Date in an aggregate principal amount at any one time outstanding not to exceed $10,000,000; provided PROVIDED, HOWEVER, that (ix) the sum of the aggregate principal amount of all outstanding Swing Line Loans plus the aggregate principal amount of all outstanding Facility A Revolving Loans plus the aggregate outstanding L/C Obligations shall not at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any timeFacility A Aggregate Commitment, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iiy) the Borrower shall not request, and the Swing Line Lender shall not make, any have no obligation to make a Swing Line Loan if, after giving effect to if the making principal amount of such Swing Line Loan, when added to the aggregate principal amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Periodall Swing Line Loans then outstanding, the Borrower may use L/C Obligations owing to the Swing Line Lender in its capacity as a Lender and the aggregate principal amount of all Facility A Revolving Loans made by the Swing Line Lender in its capacity as a Lender shall exceed the Facility A Commitment by borrowing, repaying and reborrowing, all applicable to the Swing Line Lender in accordance with the terms and conditions hereofits capacity as a Lender. All Swing Line Loans shall be Base made in Dollars and maintained as Floating Rate Loans only. with interest thereon payable under the terms of SECTIONS 2.8 and 2.11, and repayments to be made thereof under the terms of SECTIONS 2.5 (b) The Borrower shall repay all outstanding except for the last sentence thereof), 2.12, 2.14, and 2.20, in each case as if such Swing Line Loans on the Loan were a Floating Rate Advance made as a Facility A Revolving Credit Termination DateLoan.

Appears in 1 contract

Sources: Credit Agreement (Loewen Group Inc)

Swing Line Commitment. (a) (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (National CineMedia, LLC)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans ("Swing Line Loans") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all each outstanding Swing Line Loans Loan on the date that is the earlier of (x) the Revolving Credit Termination DateDate and (y) the date that is the seventh Business Day after the date on which such Swing Line Loan is made."

Appears in 1 contract

Sources: Credit Agreement (Delek US Holdings, Inc.)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, from time to time during the Availability Period, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments by making swing line loans (“Swing Line Loans”) to the Borrower; provided that (i) the sum of (A) the Swing Line Exposure of such Swing Line Lender, (B) the aggregate principal amount of outstanding Revolving Loans made by such Swing Line Lender and (C) the LC Exposure of such Swing Line Lender shall not exceed its Commitment then in effect, (ii) the sum of the outstanding Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iiiii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available total Revolving Credit Commitments Exposure would be less than zeroexceed the total Commitments. During the Revolving Credit Commitment Availability Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. All Swing Line Loans shall be Base Rate made as ABR Loans onlyand shall not be entitled to be converted into Eurodollar Loans. (b) The Borrower shall repay to the Swing Line Lender the then unpaid principal amount of all outstanding Swing Line Loans such that there shall not be an unpaid principal balance thereon for longer than any consecutive period of seven (7) Business Days and in any event shall repay to the Swing Line Lender the then unpaid principal balance of all Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Carrizo Oil & Gas Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the U.S. Borrower in the form of swing line loans ("Swing Line Loans") a portion of the credit otherwise available to the U.S. Borrower under the U.S. Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding U.S. Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's U.S. Revolving Credit Commitment then in effect) and (ii) the U.S. Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available U.S. Revolving Extensions of Credit would exceed the aggregate amount of the U.S. Revolving Credit Commitments would be less than zeroCommitments. During the Revolving Credit Commitment Period, the U.S. Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be U.S. Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Cott Corp /Cn/)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.. 43 (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Nebraska Book Co)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided provided, that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s Revolving Credit Commitment then in effect), (ii) the Total Revolving Extensions of Credit shall not exceed the least of (x) the Total Revolving Credit Commitments, (y) the then current Borrowing Base, less the amount of any Reinstated Pre-Petition Revolving Loan Obligations, and (iiz) for any week, the principal amount of the Total Revolving Extensions of Credit projected to be outstanding during such week as set forth in the Initial Budget for such week plus the Budget Carryover Amount (to be calculated and applied as set forth in the definition of such term in Section 1.1), less the amount of any Reinstated Pre-Petition Revolving Loan Obligations and the Net Pre-Petition Revolving Loan Amount then outstanding, (iii) the Borrower shall not request, and the Swing Line Lender shall not knowingly and intentionally make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.and

Appears in 1 contract

Sources: Debt and Security Agreement (Pope & Talbot Inc /De/)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line Swing Line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Verint Systems Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Primary Borrower in the form of swing line loans denominated in Dollars (“Swing Line Loans”"SWING LINE LOANS") a portion of the credit otherwise available to the Primary Borrower under the Revolving Credit Commitments; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Primary Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Primary Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Primary Borrower shall repay all outstanding Swing Line Loans on or before the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Six Flags Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination DateDate (or on such earlier date on which the Loans become due and payable pursuant to Section 8).

Appears in 1 contract

Sources: Credit Agreement (Extendicare Health Services Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees thatagrees, in reliance on the agreements of the other Lenders set forth in Section 2.4, that during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and ), (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zerozero and (iii) so long as any Lender is a Defaulting Lender, the Swing Line Lender shall not be required to fund any Swing Line Loan unless it is satisfied it will have no Fronting Exposure after giving effect to such Swing Line Loan. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (White Mountains Insurance Group LTD)

Swing Line Commitment. (a) Subject to the terms and conditions --------------------- hereof, the Swing Line Lender in its individual capacity agrees thatto make swing line loans in Dollars, during Euros or Sterling (or, at the Revolving Credit Commitment Periodoption of the Swing Line Lender, it will make available any other Alternative Currency) ("Swing Line Loans") to the Borrower on ---------------- any Business Day from time to time during the Commitment Period in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the an aggregate principal amount at any one time outstanding not to exceed the Dollar Equivalent of $25,000,000; provided, however, that in no event may the amount of any -------- ------- Borrowing of Swing Line Loans outstanding at any time shall not (A) exceed the Swing Line Total Available Domestic Revolving Commitment then in effect immediately prior to such Borrowing (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making use of proceeds thereof) or (B) cause the outstanding Domestic Revolving Loans of any Lender, when added to such Lender's Domestic Revolver Pro Rata Share of the then outstanding Swing Line Loan, Loans and Domestic Revolver Pro Rata Share of the aggregate amount LC Obligations (exclusive of Unpaid Drawings relating to LC Obligations which are repaid with the Available proceeds of, and simultaneously with the incurrence of, Domestic Revolving Credit Commitments would be less than zeroLoans or Swing Line Loans) to exceed such Lender's Domestic Revolving Commitment. During the Revolving Credit Commitment Period, Amounts borrowed by the Borrower under this Section 2.1(e)(i) may use be repaid and, to but ----------------- excluding the Swing Line Commitment by borrowingRevolver Termination Date, repaying and reborrowing, all in accordance with the terms and conditions hereofreborrowed. Swing Line Loans (x) made in Dollars shall be maintained as Base Rate Loans onlyand (y) made in an Alternative Currency shall be maintained at the applicable Quoted Rate, and, notwithstanding Section 2.6, in each case shall not be entitled to be converted into any other ----------- Type of Loan. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Tioxide Americas Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Commitment Period by making swing line loans in Dollars or Euro ("Swing Line Loans") to the Borrower; provided that (i) the sum of (x) the aggregate principal amount of Swing Line Loans denominated in Dollars and (y) the Dollar Equivalent of the aggregate principal amount of Swing Line Loans denominated in Euro, outstanding as at the date any time Swing Line Loan is made shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the any Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the no Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate ABR Loans or Euro Cost of Funds Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date."

Appears in 1 contract

Sources: Competitive Advance and Revolving Credit Facility (Delphi Automotive Systems Corp)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Key Energy Services Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans (“Swing Line Loans”"SWING LINE LOANS") a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower Borrowers shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date. Each payment in respect of Swing Line Loans shall be made to the Swing Line Lender.

Appears in 1 contract

Sources: Credit Agreement (White Mountains Insurance Group LTD)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, Chase, as the swing line lender (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make extensions of credit available to the Borrower in Company from time to time during the form of Commitment Period by making swing line loans (the "Swing Line Loans") a portion of the credit otherwise available to the Borrower under Company in an aggregate principal amount at any one time outstanding not to exceed the Revolving Credit CommitmentsSwing Line Commitment; provided that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower Company shall not request, request and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments subsection 2.3 would be less than zerocontravened. During Swing Line Loans shall bear interest at the Revolving Credit Swing Line Rate. From and after the Effective Date and during the Commitment Period, the Borrower Company may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (First Brands Corp)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("SWING LINE LOANS") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Day International Group Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”"SWING LINE LOANS") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Fixed Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Capital Environmental Resource Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsDollar Commitments from time to time during the Revolving Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be (i) denominated in Dollars and (ii) Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.

Appears in 1 contract

Sources: Credit Agreement (Syniverse Technologies Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees thatto make swing line loans (individually, a "Swing Line Loan"; collectively, the "Swing Line Loans") to the Borrower from time to time during the Revolving Credit Commitment Period, it will make available to the Borrower Period in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the an aggregate principal amount of Swing Line Loans outstanding at any one time shall outstanding not to exceed the Swing Line Commitment then in effect (notwithstanding Commitment; provided that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or no such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Loan shall not request, and the Swing Line Lender shall not make, any Swing Line Loan be made if, after giving effect to the making of such Swing Line Loanthereto, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During Amounts borrowed by the Borrower under this Section 4.1 may be repaid and, through but excluding the Revolving Credit Commitment PeriodTermination Date, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereofreborrowed. All Swing Line Loans shall be made as Base Rate Loans only. (b) and shall not be entitled to be converted into Eurodollar Loans. The Borrower shall repay all outstanding give the Swing Line Lender irrevocable notice (which notice must be received by the Swing Line Lender prior to 3:00 p.m., New York City time) on the requested Borrowing Date specifying the amount of each requested Swing Line Loan, which shall be in an aggregate minimum amount of $50,000 or whole multiple of $50,000 in excess thereof. The proceeds of each Swing Line Loan will be made available by the Swing Line Lender to the Borrower by crediting the account of the Borrower at the Swing Line Lender with such proceeds. The proceeds of Swing Line Loans on may be used solely for the Revolving Credit Termination Dateworking capital purposes of the Borrower in the ordinary course of business.

Appears in 1 contract

Sources: Credit Agreement (Armor Holdings Inc)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and ), (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zerozero and (iii) the Total Revolving Extensions of Credit shall at no time exceed the Maximum Facility Availability at such time. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. (b) The Borrower shall repay all outstanding Swing Line Loans on or before the Revolving Credit Termination Dateday that is ten days after the Borrowing Date of such Swing Line Loan.

Appears in 1 contract

Sources: Credit Agreement (Chatham Lodging Trust)

Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (individually, a "SWING LINE LOAN"; collectively, the "SWING LINE LOANS") to the Borrower from time to time during the period from the Closing Date through the fifth Business Day preceding the Revolving Credit Termination Date in an aggregate principal amount at any one time outstanding not to exceed $15,000,000, provided that at no time may the sum of the Swing Line Loans”) a portion of , the credit otherwise available to Revolving Credit Loans and the Borrower under outstanding L/C Obligations exceed the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying prepaying the Swing Line Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. All Swing Line Loans shall be Base Rate made as ABR Loans only. (b) and shall not be entitled to be converted into Eurodollar Loans. The Borrower shall repay all outstanding give the Swing Line Lender irrevocable notice (which notice must be received by the Swing Line Lender prior to 1:00 p.m., New York City time) on the requested Borrowing Date specifying the amount of the requested Swing Line Loan which shall be in an aggregate minimum amount of $500,000 or a multiple of $100,000 in excess thereof (except with respect to deemed Swing Line Loans on the Revolving Credit Termination Dateunder subsection 3.

Appears in 1 contract

Sources: Credit Agreement (Personal Care Holdings Inc)