Common use of Swing Line Commitments Clause in Contracts

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; provided that at no time may the sum of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations exceed the Revolving Commitments then in effect. Amounts borrowed by the Borrower under this subsection 2.8 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 3 contracts

Samples: Credit Agreement (Servicemaster Global Holdings Inc), Credit Agreement (Frontdoor, Inc.), Credit Agreement (Frontdoor, Inc.)

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Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the any U.S. Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million75,000,000; provided that at no time may the sum of the then outstanding Swing Line LoansLender shall not make any Swing Line Loans if, Revolving Loans and L/C Obligations after doing so, the Aggregate Tranche A U.S. Facility Lender Exposure would exceed the Revolving Commitments then Aggregate Tranche A U.S. Facility Commitment or the Aggregate Tranche A U.S. Borrower Credit Extensions would exceed the applicable limitation set forth in effectsubsection 2.1(a)(i)(B). Amounts borrowed by the any U.S. Borrower under this subsection 2.8 2.4 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the any U.S. Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Borrower Representative (on behalf of any U.S. Borrower) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 3:00 P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the U.S. Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 100,000.00 or whole multiples of $50,000 50,000.00 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the U.S. Borrower identified in such notice at an office of the Swing Line Lender by crediting wire transfer to the account of such U.S. Borrower at specified in such office with such proceeds in Dollarsnotice.

Appears in 2 contracts

Samples: Intercreditor Agreement (Veritiv Corp), Assumption Agreement (Veritiv Corp)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the any U.S. Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 100.0 million; provided that at no time may the sum of the then outstanding Swing Line LoansLender shall not make any Swing Line Loans if, Revolving Loans and L/C Obligations after doing so, the Aggregate U.S. Facility Lender Exposure or Aggregate U.S. Borrower Extensions would exceed the Revolving Commitments then applicable limitations set forth in effectsubsection 2.1. Amounts borrowed by the any U.S. Borrower under this subsection 2.8 2.4 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the any U.S. Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The U.S. Borrower Representative (on behalf of any U.S. Borrower) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 3:00 P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the U.S. Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 100,000.00 or whole multiples of $50,000 50,000.00 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the U.S. Borrower identified in such notice at an office of the Swing Line Lender by crediting wire transfer to the account of such U.S. Borrower at specified in such office with such proceeds in Dollarsnotice.

Appears in 2 contracts

Samples: Abl Credit Agreement (Hd Supply, Inc.), Credit Agreement (Hd Supply, Inc.)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to any of the Borrower Borrowers from time to time during the Initial Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; 25,000,000 (provided that the Dollar Equivalent of the aggregate principal amount at any one time outstanding of Foreign Currency Swing Line Loans shall not exceed $5,000,000), provided that at no time may the sum of the then outstanding Swing Line Loans, Revolving Credit Loans (including, without limitation, in the case of Revolving Credit Loans and Swing Line Loans then outstanding in any Designated Foreign Currency, the Dollar Equivalent of the aggregate principal amount thereof) and L/C Obligations exceed the Revolving Credit Commitments then in effect, provided, further, that the Swing Line Lender shall not make any Swing Line Foreign Currency Loan if, after giving effect to the making thereof, (x) the sum of the then outstanding Revolving Credit Loans in Designated Foreign Currencies, the then outstanding Swing Line Foreign Currency Loans and the then outstanding L/C Obligations in respect of Foreign Backstop Letters of Credit would exceed $75,000,000 and (y) the aggregate principal amount of Revolving Credit Loans and Swing Line Loans made to Foreign Subsidiary Borrowers shall at no time exceed $25,000,000 (it being understood and agreed that the Administrative Agent shall calculate the Dollar Equivalent of the then outstanding Revolving Credit Loans in any Designated Foreign Currency, the then outstanding Swing Line Foreign Currency Loans and, to the extent applicable, the then outstanding L/C Obligations in respect of any Foreign Backstop Letters of Credit on the date the notice of borrowing of Swing Line Loans is given for purposes of determining compliance with this subsection). Amounts borrowed by the any Borrower under this subsection 2.8 2.4 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. All Swing Line Loans made to the any Borrower shall be made in either (x) Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans or Swing Line Foreign Currency Loans or (y) any Designated Foreign Currency selected by the relevant Borrower, and shall be Swing Line Foreign Currency Loans and shall not be entitled to be converted into Eurocurrency Loans or ABR Loans. The Parent Borrower (on behalf of itself or any other Borrower as the case may be) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. (x) 12:00 Noon, New York City time (or such later time as may be agreed by time, in the case of any Swing Line Lender Loan made in its reasonable discretion)Dollars, and (y) 11:00 A.M., London time, in the case of any Swing Line Foreign Currency Loans) on the requested Borrowing Date specifying (1) the identity of the Borrower Borrower, (2) the currency of such Swing Line Loan (either Dollars or the Designated Foreign Currency) and, in the case of Foreign Currency Swing Line Loans, the Interest Period to be applicable thereto which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”, and (23) the amount of the requested Swing Line Loan, which shall be in a minimum amount of (or, in the case of Swing Line Foreign Currency Loans, the Dollar Equivalent of the principal amount thereof shall be in an amount equal to) $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in DollarsDollars or in the Designated Foreign Currency specified in such notice.

Appears in 2 contracts

Samples: Credit Agreement (VWR International, Inc.), Credit Agreement (VWR International, Inc.)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, JPMorgan Chase Bank, N.A. (in such capacity, the Swing Line Lender may, in its sole discretion, Lender”) agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) in Dollars to the Borrower from time to time on any Business Day during the Initial Revolving period from the Availability Date to the Commitment Period Termination Date of the Swing Line Lender in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; the Swing Line Commitment, provided that at no time may the sum aggregate principal amount of the then outstanding Total Extensions of Credit exceed the aggregate amount of the Commitments. During the Commitment Period, the Borrower may use the Swing Line Commitments by borrowing, prepaying the Swing Line Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. The Swing Line Loans may from time to time be (i) ABR Loans, Revolving (ii) ASK Rate Loans and L/C Obligations exceed the Revolving Commitments then in effect. Amounts borrowed or (iii) a combination thereof, as determined by the Borrower under this subsection 2.8 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made and notified to the Borrower shall be made Administrative Agent in Dollars as ABR Loans accordance herewith and shall not be entitled to be converted into Eurocurrency Eurodollar Loans or Reference Rate Loans. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable written notice (which notice must be received by the such Swing Line Lender and Administrative Agent prior to 2:00 P.M. (x) 3:00 P.M., New York City time time, in the case of ABR Loans and (or such later time as may be agreed by y) 2:00 P.M., New York City time, in the Swing Line Lender in its reasonable discretioncase of ASK Rate Loans), on the requested Borrowing Date specifying (1) the identity of the Borrower Type and (2) the amount of the requested Swing Line Loan, Loan which shall be in a minimum amount of $100,000 500,000 or whole multiples of $50,000 100,000 in excess thereof. The proceeds of the all such Swing Line Loan Loans will then be made available by the Swing Line Lender to the Borrower identified in such notice at an office of by the Swing Line Lender by crediting the account of the Borrower on the books of the Swing Line Lender, or such other account of the Borrower at such office with such proceeds in Dollarsas shall have been designated by the Borrower to the Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Phillips 66 Partners Lp)

Swing Line Commitments. (a) Subject to the terms and conditions hereofhereof and provided no Default or Event of Default shall have occurred and be continuing, the Swing Line Lender may, in its sole discretion, JPMorgan Chase Bank agrees to make swing line loans (individually, a "Swing Line Loan"; collectively, the "Swing Line Loans") available to the Borrower from time to time during the Initial Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; 5,000,000, provided that at JPMorgan Chase Bank shall have no time may the sum of the then outstanding obligation to and shall not issue any Swing Line LoansLoan if, after giving effect to such issuance, the Available Revolving Loans and L/C Obligations exceed the Revolving Commitments then in effectCredit Commitment with respect to any Lender would be less than zero. Amounts borrowed by the Borrower under this subsection 2.8 2.5 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Eurodollar Loans. Each borrowing of Swing Line Loans shall be in an amount equal to $100,000 or a whole multiple of $100,000 in excess thereof. The Borrower shall give the Swing Line Lender and Administrative Agent JPMorgan Chase Bank irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent JPMorgan Chase Bank prior to 2:00 P.M. 12:00 Noon, New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the each Swing Line Loan will be made available by the Swing Line Lender JPMorgan Chase Bank to the Borrower identified in such notice at an the office of the Swing Line Lender JPMorgan Chase Bank specified in subsection 10.2 by crediting the account of such the Borrower at such office with such proceeds in Dollarsproceeds.

Appears in 2 contracts

Samples: Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc)

Swing Line Commitments. (a) Subject to the terms terms, conditions, representations and conditions hereofwarranties contained in the Loan Documents, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a "Swing Line Loan"; collectively, the "Swing Line Loans") to the Borrower from time to time during until the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 millionSwing Line Termination Date; provided that at no time may that, the sum of the then outstanding Swing Line LoansLender may not make any Swing Line Loan if, Revolving after giving effect to such Swing Line Loan, either (i) the amount of all Swing Line Loans and L/C Obligations outstanding would exceed the Revolving lesser of (x) $10,000,000 or (y) the Aggregate Available Commitments then in effector (ii) the Aggregate Outstanding Extensions of Credit of all Lenders would exceed the Total Commitment. Amounts borrowed by the Borrower under this subsection 2.8 Section 2.4 may be repaid and, through but excluding the Initial Revolving Maturity Swing Line Termination Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Eurodollar Loans. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice a Notice of Borrowing (which notice Notice of Borrowing must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion)1:00 P.M., Dallas, Texas time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 500,000 or whole multiples of $50,000 100,000 in excess thereof. The proceeds of the each Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an the office of the Swing Line Lender by crediting the account of such the Borrower, as so directed by the Borrower at such office in a Notice of Borrowing, with such proceeds in Dollars.

Appears in 2 contracts

Samples: Credit Agreement (Media General Inc), Credit Agreement (Media General Inc)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Dollar Swing Line Lender may, in its sole discretion, agrees to make swing line loans denominated in Dollars (individually, a “Swing Line Loan”; collectively, the “"Dollar Swing Line Loans") to the Borrower from time to time during the Initial Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding, when added to the Dollar Equivalent Amount of then outstanding Foreign Currency Swing Line Loans provided for (and as calculated in) subsection 2.6(b), not to exceed $25.0 million; the Dollar Swing Line Commitment, provided that at no time may Dollar Swing Line Loan shall be required to be made hereunder unless, after giving effect thereto, (i) the sum Available Revolving Credit Commitment of each Revolving Credit Lender would not be less than zero and (ii) the Aggregate Revolving Credit Outstandings would not exceed the aggregate amount of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations exceed Credit Commitments of all the Revolving Commitments then in effectCredit Lenders. Amounts borrowed by the Borrower under this subsection 2.8 2.6(a) may be repaid and, through but excluding the Initial Revolving Maturity Credit Commitment Termination Date, reborrowed. All Dollar Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Borrower shall give the Dollar Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Dollar Swing Line Lender and Administrative Agent prior to 2:00 P.M. 12:00 Noon, New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Dollar Swing Line Loan, Loan which shall be in an amount equal to $500,000 or a minimum amount whole multiple of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the each Dollar Swing Line Loan will be made available on the date requested by the Dollar Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such the Borrower at such office as specified in writing by the Borrower to the Administrative Agent with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Hayes Wheels International Inc)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to any of the Borrower U.S. Borrowers from time to time during the Initial Revolving Tranche B Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; 75,000,000, provided that at no time may the sum of the then outstanding Swing Line Loans, U.S. Facility Revolving Credit Loans (including in the case of U.S. Facility Revolving Credit Loans then outstanding in any Designated Foreign Currency, the Dollar Equivalent of the aggregate principal amount thereof) and L/C Obligations exceed the Revolving lesser of (1) the U.S. Facility Commitments then in effecteffect and (2) the difference of (I) the U.S. Borrowing Base then in effect (based on the most recent Borrowing Base Certificate) minus (II) if greater than zero, the excess of the unpaid balance of Extensions of Credit made to or for the account of, the Canadian Borrowers 104 over the Canadian Borrowing Base (based on the most recent Borrowing Base Certificate) (it being understood and agreed that the Administrative Agent shall calculate the Dollar Equivalent of the then outstanding Revolving Credit Loans in any Designated Foreign Currency on the date the notice of borrowing of Swing Line Loans is given for purposes of determining compliance with this Section). Amounts borrowed by the any U.S. Borrower under this subsection 2.8 Section 2.4 may be repaid and, through but excluding the Initial Revolving Maturity Tranche B Termination Date, reborrowed. All Swing Line Loans made to the any U.S. Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Parent Borrower (on behalf of itself or any other Borrower as the case may be) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 12:00 Noon, New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan Loans will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Hertz Corp)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the Borrower Borrowers (on a joint and several basis as between the Borrowers) from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed an amount agreed from time to time between the Parent Borrower and the Swing Line Lender, but in any event not greater than $25.0 million250,000,000; provided that at no time may the sum of the Dollar Equivalent of the then outstanding Swing Line Loans, Revolving Loans and Revolving L/C Obligations exceed the Revolving Commitments then in effect. Amounts borrowed by the Borrower Borrowers under this subsection 2.8 Section 2.7 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the Borrower Borrowers shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency EurocurrencyTerm SOFR Loans. The Parent Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 12:00 P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), ) on the requested Borrowing Date specifying (1) the identity of each applicable Borrower (if not the Borrower Parent Borrower) and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 1,000,000 or whole multiples of $50,000 500,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Hertz Corp)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, JPMorgan Chase Bank, N.A. (in such capacity, the Swing Line Lender may, in its sole discretion, Lender”) agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) in Dollars to the Borrower from time to time on any Business Day during the Initial Revolving period from the Closing Date to the Commitment Period Termination Date of the Swing Line Lender in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; the Swing Line Commitment, provided that at no time may the sum aggregate principal amount of the then outstanding Total Extensions of Credit exceed the aggregate amount of the Commitments. During the Commitment Period, the Borrower may use the Swing Line Commitments by borrowing, prepaying the Swing Line Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. The Swing Line Loans may from time to time be (i) ABR Loans, Revolving (ii) ASK Rate Loans and L/C Obligations exceed the Revolving Commitments then in effect. Amounts borrowed or (iii) a combination thereof, as determined by the Borrower under this subsection 2.8 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made and notified to the Borrower shall be made Administrative Agent in Dollars as ABR Loans accordance herewith and shall not be entitled to be converted into Eurocurrency Loans or Reference Rate Loans. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable written notice (which notice must be received by the such Swing Line Lender and Administrative Agent prior to 2:00 P.M. (x) 3:00 P.M., New York City time time, in the case of ABR Loans and (or such later time as may be agreed by y) 2:00 P.M., New York City time, in the Swing Line Lender in its reasonable discretioncase of ASK Rate Loans), on the requested Borrowing Date specifying (1) the identity of the Borrower Type and (2) the amount of the requested Swing Line Loan, Loan which shall be in a minimum amount of $100,000 5,000,000 or whole multiples of $50,000 1,000,000 in excess thereof. The proceeds of the all such Swing Line Loan Loans will then be made available by the Swing Line Lender to the Borrower identified in such notice at an office of by the Swing Line Lender by crediting the account of the Borrower on the books of the Swing Line Lender, or such other account of the Borrower at such office with such proceeds in Dollarsas shall have been designated by the Borrower to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Phillips 66)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a "Swing Line Loan"; collectively, the "Swing Line Loans") to each of the Borrower Borrowers from time to time during the Initial Revolving Credit Commitment Period in an aggregate principal amount as to all of the Borrowers at any one time outstanding not to exceed $25.0 million; 10,000,000, provided that at no time may the sum of the then outstanding Swing Line Loans, Revolving Credit Loans (including, without limitation, in the case of Revolving Credit Loans then outstanding in any Designated Foreign Currency, the Dollar Equivalent of the aggregate principal amount thereof) and L/C Obligations exceed the Revolving Credit Commitments then in effect. Amounts borrowed by any of the Borrower Borrowers under this subsection 2.8 2.5 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Parent Borrower (on behalf of itself or such other Borrower, as the case may be) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 12:00 Noon, New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1i) the identity of the Borrower and (2ii) the amount of the requested Swing Line Loan, Loan which shall be in a minimum amount of $100,000 500,000 or whole multiples of $50,000 100,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an the office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Relocation Management Systems Inc)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, Bank hereby agrees to make swing line loans to the Company (individually, a “Committed Swing Line Loan”; collectively, collectively the “Committed Swing Line Loans”; or the “Swing Line Loans”) to the Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 millionthe Swing Line Commitment; provided that at no time may the sum aggregate unpaid principal amount of the then outstanding all Swing Line Loans, together with the aggregate unpaid principal amount of all Revolving Credit Loans, LOC Obligations and all Bid Loans and L/C Obligations at any one time outstanding, may not exceed the Revolving Commitments then in effectaggregate amount of the Commitments. Amounts borrowed by the Borrower Company under this subsection 2.8 2.19 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. All Committed Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall may not be entitled to be converted into Eurocurrency Eurodollar Loans. Each borrowing of Swing Line Loans shall be in an amount equal to $5,000,000 or a whole multiple of $1,000,000 in excess thereof. The Borrower Company shall give the Administrative Agent (which shall promptly notify the Swing Line Lender and Administrative Agent Bank) irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Committed Swing Line Loan, which shall Loan to be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereofmade by the Swing Line Bank. The proceeds of the each Committed Swing Line Loan will shall be made available by the Swing Line Lender Bank to the Borrower identified in such notice Administrative Agent for the account of the Company at an the applicable office of the Swing Line Lender by crediting Administrative Agent specified prior to 4:30 p.m. on the account of such Borrower at such office with such proceeds in Dollarsrequested Borrowing Date.

Appears in 1 contract

Samples: Credit Agreement (Western Union CO)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the Borrower Company in Dollars under the Aggregate Commitment from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million30,000,000; provided provided, however, that at no time (after giving effect to the making of such Swing Line Loan and the use of the proceeds thereof) may the sum Aggregate Outstanding Multi-Currency Extensions of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations Credit exceed the Revolving Commitments then in effectMaximum Availability. Amounts borrowed by the Borrower Company under this subsection 2.8 Section 4.1 may be repaid and, through up to but excluding the Initial Revolving Maturity Datelast day of the Commitment Period, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Alternate Base Rate Loans and shall not be entitled to be converted into Eurocurrency Eurodollar Loans. The Borrower Company shall give the Swing Line Lender irrevocable notice, which notice shall be in substantially the form of Exhibit H-3 (a “Swing Line Loan Request”), and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 1:00 P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion)time, on the requested Borrowing Date borrowing date, specifying (1) the identity of the Borrower and (2) the amount of the each requested Swing Line Loan. The Swing Line Lender shall not make any Swing Line Loan in the period commencing on the first Business Day after it receives written notice from the Administrative Agent or any Multi-Currency Lender that one or more of the conditions precedent contained in Section 9.2 shall not on such date be satisfied and ending when such conditions are satisfied. The Swing Line Lender shall not otherwise be required to determine that, which shall be or take notice whether, the conditions precedent set forth in a minimum amount Section 9.2 have been satisfied in connection with the making of $100,000 or whole multiples of $50,000 in excess thereofany Swing Line Loan. The proceeds of the each Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender Company by crediting the account of such Borrower at such office the Company designated to the Swing Line Lender with such proceeds in Dollarsproceeds.

Appears in 1 contract

Samples: Revolving Credit Agreement (Revlon Consumer Products Corp)

Swing Line Commitments. (a) Subject to the terms and conditions hereofhereof and provided no Default or Event of Default shall have occurred and be continuing, the Swing Line Lender may, in its sole discretion, Chase agrees to make swing line loans (individually, a "Swing Line Loan"; collectively, the "Swing Line Loans") available to the Borrower from time to time during the Initial Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; 5,000,000, provided that at no time may shall the sum aggregate principal amount of Swing Line Loans outstanding, when added to Chase's then Outstanding Tranche A Revolving Extensions of Credit and Chase's Tranche A Revolving Credit Commitment Percentage of the then outstanding Swing Outstanding Permitted Line Loansof Credit Indebtedness, exceed Chase's Tranche A Revolving Loans and L/C Obligations exceed the Revolving Commitments then in effectCredit Commitment. Amounts borrowed by the Borrower under this subsection 2.8 2.6 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Eurodollar Loans. Each borrowing of Swing Line Loans shall be in an amount equal to $100,000 or a whole multiple of $100,000 in excess thereof. The Borrower shall give the Swing Line Lender and Administrative Agent Chase irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent Chase prior to 2:00 P.M. 12:00 Noon, New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the each Swing Line Loan will be made available by the Swing Line Lender Chase to the Borrower identified in such notice at an the office of the Swing Line Lender Chase specified in subsection 10.2 by crediting the account of such the Borrower at such office with such proceeds in Dollarsproceeds.

Appears in 1 contract

Samples: Credit Agreement (Landstar System Inc)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the Borrower Borrowers (on a joint and several basis as between the Borrowers) from time to time during the Initial Tranche B-1 Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed an amount agreed from time to time between the Parent Borrower and the Swing Line Lender, but in any event not greater than $25.0 250.0 million; provided that at no time may the sum of the Dollar Equivalent of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations exceed the Revolving Commitments then in effect. Amounts borrowed by the Borrower Borrowers under this subsection 2.8 Section 2.7 may be repaid and, through but excluding the Initial Tranche B-1 Revolving Maturity Date, reborrowed. All Swing Line Loans made to the Borrower Borrowers shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Parent Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 12:00 P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), ) on the requested Borrowing Date specifying (1) the identity of each applicable Borrower (if not the Borrower Parent Borrower) and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 1.0 million or whole multiples of $50,000 500,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Hertz Global Holdings, Inc)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a "Swing Line Loan"; collectively, the "Swing Line Loans") to each of the Borrower Borrowers from time to time during the Initial Revolving Commitment Period in an aggregate principal amount as to all of the Borrowers at any one time outstanding not to exceed $25.0 million; 20,000,000, provided that at no time may the sum of the then outstanding Swing Line Loans, Revolving Credit Loans (including, without limitation, in the case of Revolving Credit Loans then outstanding in any Designated Foreign Currency, the Dollar Equivalent of the aggregate principal amount thereof) and L/C Obligations exceed the Revolving Credit Commitments then in effect. Amounts borrowed by any of the Borrower Borrowers under this subsection 2.8 2.5 may be repaid and, through until but excluding the Initial Revolving Maturity Termination Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Parent Borrower (on behalf of itself or such other Borrower, as the case may be) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 12:30 P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, Loan which shall be in a minimum amount of $100,000 or and whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an the office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Imagex Com Inc)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”"SWING LINE LOAN"; collectively, the “Swing Line Loans”"SWING LINE LOANS") to the Borrower from time to time during the Initial Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; provided 5,000,000, PROVIDED that at no time may the sum of the then outstanding Swing Line Loans, Revolving Credit Loans and L/C Obligations exceed the Revolving Credit Commitments then in effect. Amounts borrowed by the Borrower under this subsection 2.8 2.6 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Eurodollar Loans. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 3:00 p.m., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, Loan which shall be in an amount equal to $250,000 or a minimum amount of $100,000 or whole multiples multiple of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an the office of the Swing Line Lender by crediting the account of such the Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Aftermarket Technology Corp)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million25,000,000; provided that at no time may the sum of the Dollar Equivalent of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations exceed the Revolving Commitments then in effect. Amounts borrowed by the Borrower under this subsection 2.8 Subsection 2.7 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Eurodollar Daily Simple SOFR Rate Loans or Term SOFR Rate Loans. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Fourth Amendment (Cornerstone Building Brands, Inc.)

Swing Line Commitments. (aa)(i) Subject to the terms and conditions ---------------------- hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a "Swing Line Loan"; collectively, the "Swing Line Loans") to the Borrower from --------------- ---------------- time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; 10,000,000, provided that at no time may -------- the sum of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations exceed the Revolving lesser of (x) the Commitments and (y) the Borrowing Base then in effect. Amounts borrowed by the Borrower under this subsection 2.8 2.10 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Base Rate Loans and shall not be entitled to be converted into Eurocurrency Eurodollar Loans. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 12:00 Noon, New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an the office of the Swing Line Lender by crediting the account of such the Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (CDW Holding Corp)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a "Swing Line Loan"; collectively, the "Swing Line Loans") to the Borrower Company under the Aggregate Multi-Currency Commitment from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; 30,000,000, provided that at no time (after giving effect to the making of such Swing Line Loan and the use of the proceeds thereof) may (i) the sum of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations Aggregate Outstanding Multi-Currency Extensions of Credit exceed the Revolving Commitments then in effectAggregate Multi-Currency Commitment or (ii) the Available Multi-Currency Commitment be less than zero. Amounts borrowed by the Borrower Company under this subsection 2.8 6.1 may be repaid and, through up to but excluding the Initial Revolving Maturity Datelast day of the Commitment Period, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Alternate Base Rate Loans and shall not be entitled to be converted into Eurocurrency Eurodollar Loans. The Borrower Company shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 11:00 A.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date borrowing date specifying (1) the identity of the Borrower and (2) the amount of the each requested Swing Line Loan, which shall be in a minimum amount of $100,000 500,000 or a whole multiples multiple of $50,000 100,000 in excess thereof. The proceeds of the each Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender Company by crediting the account of such Borrower at such office the Company designated to the Swing Line Lender with such proceeds in Dollarsproceeds.

Appears in 1 contract

Samples: Credit Agreement (Revlon Worldwide Parent Corp)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, JPMorgan Chase Bank, N.A. (in such capacity, the Swing Line Lender may, in its sole discretion, Lender”) agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) in Dollars to the Borrower from time to time on any Business Day during the Initial Revolving period from the Closing Date to the Commitment Period Termination Date of the Swing Line Lender in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; the Swing Line Commitment, provided that at no time may the sum aggregate principal amount of the then outstanding Total Extensions of Credit exceed the aggregate amount of the Commitments. During the Commitment Period, the Borrower may use the Swing Line Commitments by borrowing, prepaying the Swing Line Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. The Swing Line Loans may from time to time be (i) ABR Loans, Revolving (ii) ASK Rate Loans and L/C Obligations exceed the Revolving Commitments then in effect. Amounts borrowed or (iii) a combination thereof, as determined by the Borrower under this subsection 2.8 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made and notified to the Borrower shall be made Administrative Agent in Dollars as ABR Loans accordance herewith and shall not be entitled to be converted into Eurocurrency Eurodollar Loans or Reference Rate Loans. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable written notice (which notice must be received by the such Swing Line Lender and Administrative Agent prior to 2:00 P.M. (x) 3:00 P.M., New York City time time, in the case of ABR Loans and (or such later time as may be agreed by y) 2:00 P.M., New York City time, in the Swing Line Lender in its reasonable discretioncase of ASK Rate Loans), on the requested Borrowing Date specifying (1) the identity of the Borrower Type and (2) the amount of the requested Swing Line Loan, Loan which shall be in a minimum amount of $100,000 500,000 or whole multiples of $50,000 100,000 in excess thereof. The proceeds of the all such Swing Line Loan Loans will then be made available by the Swing Line Lender to the Borrower identified in such notice at an office of by the Swing Line Lender by crediting the account of the Borrower on the books of the Swing Line Lender, or such other account of the Borrower at such office with such proceeds in Dollarsas shall have been designated by the Borrower to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Phillips 66 Partners Lp)

Swing Line Commitments. (a) Subject a)Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; provided that at no time may the sum of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations exceed the Revolving Commitments then in effect. Amounts borrowed by the Borrower under this subsection 2.8 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency EurocurrencyTerm Benchmark Loans. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Frontdoor, Inc.)

Swing Line Commitments. (a) Subject to the terms and conditions hereofhereof and provided no Default or Event of Default shall have occurred and be continuing, the Swing Line Lender may, in its sole discretion, Bank hereby agrees to make swing line loans to the Company (individually, a “Committed Swing Line Loan”; collectively, collectively the “Committed Swing Line Loans”; or the “Swing Line Loans”) to the Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 millionthe Swing Line Commitment; provided that at no time may the sum aggregate unpaid principal amount of the then outstanding all Swing Line Loans, together with the aggregate unpaid principal amount of all Revolving Credit Loans, LOC Obligations and all Bid Loans and L/C Obligations at any one time outstanding, may not exceed the Revolving Commitments then in effectaggregate amount of the Commitments. Amounts borrowed by the Borrower Company under this subsection 2.8 2.19 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. All Committed Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall may not be entitled to be converted into Eurocurrency Eurodollar Loans. Each borrowing of Swing Line Loans shall be in an amount equal to $5,000,000 or a whole multiple of $1,000,000 in excess thereof. The Borrower Company shall give the Administrative Agent (which shall promptly notify the Swing Line Lender and Administrative Agent Bank) irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Committed Swing Line Loan, which shall Loan to be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereofmade by the Swing Line Bank. The proceeds of the each Committed Swing Line Loan will shall be made available by the Swing Line Lender Bank to the Borrower identified in such notice Administrative Agent for the account of the Company at an the applicable office of the Swing Line Lender by crediting Administrative Agent specified prior to 4:30 p.m. on the account of such Borrower at such office with such proceeds in Dollarsrequested Borrowing Date.

Appears in 1 contract

Samples: Credit Agreement (First Data Corp)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the any Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 170.0 million; provided that at no time may the sum of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations exceed the Revolving lesser of the Commitments then in effecteffect and the Borrowing Base as then in effect (based on the Borrowing Base Certificate last delivered). Amounts borrowed by the any Borrower under this subsection 2.8 2.4 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the any Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency EurocurrencyTerm SOFR Loans. The Borrower Representative (on behalf of any Borrower) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 3:00 P.Mp.m., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (US Foods Holding Corp.)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the any Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 50.0 million; provided that at no time may the sum of the then outstanding Swing Line Loans, Revolving Tranche A Loans and L/C Obligations exceed the Revolving lesser of the Tranche A Commitments then in effecteffect and the Tranche A Borrowing Base as then in effect (based on the Borrowing Base Certificate last delivered). Amounts borrowed by the any Borrower under this subsection 2.8 2.4 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the any Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Borrower Representative (on behalf of any Borrower) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 3:00 P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Us Foods, Inc.)

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Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million15,000,000; provided that at no time may the sum of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations exceed the Revolving Commitments then in effect. Amounts borrowed by the any Borrower under this subsection 2.8 Subsection 2.7 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Eurodollar Loans. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), ) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Intercreditor Agreement (PharMEDium Healthcare Holdings, Inc.)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the Borrower Company in Dollars under the Aggregate Multi-Currency Commitment from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million30,000,000; provided provided, however, that at no time (after giving effect to the making of such Swing Line Loan and the use of the proceeds thereof) may the sum Aggregate Outstanding Multi-Currency Extensions of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations Credit exceed the Revolving Commitments then in effectMaximum Multi-Currency Availability. Amounts borrowed by the Borrower Company under this subsection 2.8 Section 4.1 may be repaid and, through up to but excluding the Initial Revolving Maturity Datelast day of the Commitment Period, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Alternate Base Rate Loans and shall not be entitled to be converted into Eurocurrency Eurodollar Loans. The Borrower Company shall give the Swing Line Lender irrevocable notice, which notice shall be in substantially the form of Exhibit H-3 (a “Swing Line Loan Request”), and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 1:00 P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), on the requested Borrowing Date borrowing date, specifying (1) the identity of the Borrower and (2) the amount of the each requested Swing Line Loan. The Swing Line Lender shall not make any Swing Line Loan in the period commencing on the first Business Day after it receives written notice from the Multi-Currency Administrative Agent or any Multi-Currency Lender that one or more of the conditions precedent contained in Section 9.2 shall not on such date be satisfied, which and ending when such conditions are satisfied. The Swing Line Lender shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in a minimum amount Section 9.2 have been satisfied in connection with the making of $100,000 or whole multiples of $50,000 in excess thereofany Swing Line Loan. The proceeds of the each Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender Company by crediting the account of such Borrower at such office the Company designated to the Swing Line Lender with such proceeds in Dollarsproceeds.

Appears in 1 contract

Samples: Credit Agreement (Revlon Consumer Products Corp)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 50.0 million; provided that at no time may the sum of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations exceed the Revolving Commitments then in effect. Amounts borrowed by the Borrower under this subsection 2.8 2.4 may be repaid and, through but excluding the Initial Revolving Facility Maturity Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 3:00 p.m., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 100,000.00 or whole multiples of $50,000 50,000.00 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such the Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (HSI IP, Inc.)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the any U.S. Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 100.0 million; provided that at no time may the sum of the then outstanding Swing Line LoansLender shall not make any Swing Line Loans if, Revolving Loans and L/C Obligations after doing so, the Aggregate U.S. Facility Lender Exposure or Aggregate U.S. Borrowing Extensions would exceed the Revolving Commitments then applicable limitations set forth in effectsubsection 2.1. Amounts borrowed by the any U.S. Borrower under this subsection 2.8 2.4 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the any U.S. Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The U.S. Borrower Representative (on behalf of any U.S. Borrower) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 3:00 P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the U.S. Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 100,000.00 or whole multiples of $50,000 50,000.00 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the U.S. Borrower identified in such notice at an office of the Swing Line Lender by crediting wire transfer to the account of such U.S. Borrower at specified in such office with such proceeds in Dollarsnotice.

Appears in 1 contract

Samples: Credit Agreement (HSI IP, Inc.)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to any of the Borrower Borrowers from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 20.0 million; provided that at no time may the sum of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations exceed the Revolving Commitments then in effect. Amounts borrowed by the any Borrower under this subsection 2.8 2.4 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the any Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Borrower Representative (on behalf of any Borrower) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 4:00 P.M, New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Revolving Credit Agreement (Great North Imports, LLC)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”"SWING LINE LOAN"; collectively, the “Swing Line Loans”"SWING LINE LOANS") to the Borrower from time to time during the Initial Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; provided 20,000,000, PROVIDED that at no time may the sum of the then outstanding Swing Line Loans, Revolving Credit Loans and L/C Obligations exceed the Revolving Credit Commitments then in effect. Amounts borrowed by the Borrower under this subsection 2.8 2.4 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Eurodollar Loans. The Borrower (on behalf of itself or such other Borrower, as the case may be) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 12:00 Noon, New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1i) the identity of the Borrower and (2ii) the amount of the requested Swing Line Loan, Loan which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an the office of the Swing Line Lender by crediting the account of such the Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Riverwood Holding Inc)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to any of the Borrower U.S. Borrowers from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; 75,000,000, provided that at no time may the sum of the then outstanding Swing Line Loans, U.S. Facility Revolving Credit Loans (including in the case of U.S. Facility Revolving Credit Loans then outstanding in any Designated Foreign Currency, the Dollar Equivalent of the aggregate principal amount thereof) and L/C Obligations exceed the Revolving lesser of (1) the U.S. Facility Commitments then in effecteffect and (2) the difference of (I) the U.S. Borrowing Base then in effect (based on the most recent Borrowing Base Certificate) minus (II) if greater than zero, the excess of the unpaid balance of Extensions of Credit made to or for the account of, the Canadian Borrowers over the Canadian Borrowing Base (based on the most recent Borrowing Base Certificate) (it being understood and agreed that the Administrative Agent shall calculate the Dollar Equivalent of the then outstanding Revolving Credit Loans in any Designated Foreign Currency on the date the notice of borrowing of Swing Line Loans is given for purposes of determining compliance with this Section). Amounts borrowed by the any U.S. Borrower under this subsection 2.8 Section 2.4 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. All Swing Line Loans made to the any U.S. Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Parent Borrower (on behalf of itself or any other Borrower as the case may be) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 12:00 Noon, New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan Loans will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Hertz Global Holdings Inc)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to any of the Borrower U.S. Borrowers from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 50.0 million; provided that at no time may the sum of the then outstanding Swing Line Loans, Revolving Loans (including, without limitation, in the case of Revolving Loans then outstanding in any Designated Foreign Currency, the Dollar Equivalent of the aggregate principal amount thereof) and L/C Obligations exceed the Revolving Commitments then in effect. Amounts borrowed by the any Borrower under this subsection 2.8 2.7 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the any Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Parent Borrower (on behalf of any Borrower) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 12:00 Noon, New York City time (or such later time as may be agreed by time, in the case of any Swing Line Lender Loan made in its reasonable discretion), Dollars) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Revolving Credit Agreement (Servicemaster Co)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the any Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 50.0 million; provided that at no time may the sum of the then outstanding Swing Line Loans, Revolving Tranche A Loans and L/C Obligations exceed the Revolving lesser of the Tranche A Commitments then in effecteffect and the Tranche A Borrowing Base. Amounts borrowed by the any Borrower under this subsection 2.8 2.4 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the any Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Borrower Representative (on behalf of any Borrower) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 4:00 P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Pooling Agreement (Great North Imports, LLC)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”"SWING LINE LOAN"; collectively, the “Swing Line Loans”"SWING LINE LOANS") to the Borrower from time to time during the Initial Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; provided 10,000,000, PROVIDED that at no time may the sum of the then outstanding Revolving Credit Loans, Swing Line Loans, Revolving Loans and L/C Obligations exceed the Revolving Credit Commitments then in effect. Amounts borrowed by the Borrower under this subsection 2.8 2.19 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. Swing Line Loans may not be prepaid without the consent of the Swing Line Lender. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Negotiated Rate Loans and shall not be entitled to be converted into Eurocurrency Eurodollar Loans or ABR Loans. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 12:00 Noon, New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an the office of the Swing Line Lender by crediting the account of such the Borrower at such office with such proceeds in Dollars. Each Negotiated Rate Loan shall mature and be payable at the end of the Interest Period applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Recoton Corp)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the any U.S. Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 100.0 million; provided that at no time may the Swing Line Lender shall not make any Swing Line Loans if, after doing so, the Aggregate U.S. Facility Revolving Lender Exposure or the sum of the then Aggregate U.S. Borrower Revolving Extensions and the outstanding Swing Line Loans, Revolving principal amount of the Term Loans and L/C Obligations would exceed the Revolving Commitments then applicable limitations set forth in effectsubsection 2.1. Amounts borrowed by the any U.S. Borrower under this subsection 2.8 2.4 may be repaid and, through but excluding the Initial Revolving Extended Maturity Date, reborrowed. All Swing Line Loans made to the any U.S. Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The U.S. Borrower Representative (on behalf of any U.S. Borrower) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 3:00 P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the U.S. Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 100,000.00 or whole multiples of $50,000 50,000.00 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the U.S. Borrower identified in such notice at an office of the Swing Line Lender by crediting wire transfer to the account of such U.S. Borrower at specified in such office with such proceeds in Dollarsnotice.

Appears in 1 contract

Samples: Credit Agreement (Hd Supply, Inc.)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the any Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 170.0 million; provided that at no time may the sum of the then outstanding Swing Line Loans, Revolving Loans and L/C Obligations exceed the Revolving lesser of the Commitments then in effecteffect and the Borrowing Base as then in effect (based on the Borrowing Base Certificate last delivered). Amounts borrowed by the any Borrower under this subsection 2.8 2.4 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the any Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Borrower Representative (on behalf of any Borrower) shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 3:00 P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Abl Credit Agreement (US Foods Holding Corp.)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the Borrower Borrowers (on a joint and several basis as between the Borrowers) from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed an amount agreed from time to time between the Parent Borrower and the Swing Line Lender, but in any event not greater than $25.0 million250,000,000; provided that at no time may the sum of the Dollar Equivalent of the then outstanding Swing Line Loans, Revolving Loans and Revolving L/C Obligations exceed the Revolving Commitments then in effect. Amounts borrowed by the Borrower Borrowers under this subsection 2.8 Section 2.7 may be repaid and, through but excluding the Initial Revolving Maturity Date, reborrowed. All Swing Line Loans made to the Borrower Borrowers shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. The Parent Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 12:00 P.M., New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), ) on the requested Borrowing Date specifying (1) the identity of each applicable Borrower (if not the Borrower Parent Borrower) and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 1,000,000 or whole multiples of $50,000 500,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such Borrower at such office with such proceeds in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Hertz Corp)

Swing Line Commitments. (a) (i) Subject to the terms and ---------------------- conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a "Swing Line Loan"; collectively, the "Swing Line Loans") to the --------------- ---------------- Borrower from time to time during the Initial Revolving Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; C$5,000,000, provided -------- that at no time may the sum of the then outstanding Swing Line Loans, Revolving Loans and Credit Loans, L/C Obligations and the aggregate undiscounted face amount of all then outstanding Acceptances exceed the Revolving lesser of (x) the Commitments and (y) the Borrowing Base then in effect. Amounts borrowed by the Borrower under this subsection 2.8 2.5 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Prime Rate Loans and shall not be entitled to be converted into Eurocurrency LoansAcceptances. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion)12:00 P.M., Toronto time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an the office of the Swing Line Lender by crediting the account of such the Borrower at such office with such proceeds in Canadian Dollars.

Appears in 1 contract

Samples: Credit Agreement (CDW Holding Corp)

Swing Line Commitments. (a) Subject to the terms and conditions hereofhereof and provided no Default or Event of Default shall have occurred and be continuing, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”; , and collectively, the “Swing Line Loans”) available to the Borrower from time to time during the Initial Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million25,000,000; provided that at no time may that, the sum of the then outstanding Swing Line LoansLender shall have no obligation to and shall not issue any Swing Line Loan if, after giving effect to such issuance, the Outstanding Revolving Loans and L/C Obligations Extensions of Credit of all Lenders would exceed the Revolving Credit Commitments of all Lenders then in effect. Amounts borrowed by the Borrower under this subsection 2.8 Section 2.5 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Loans and shall not be entitled to be converted into Eurocurrency Loans. Each Swing Line Borrowing shall be in an amount equal to $100,000 or a whole multiple of $100,000 in excess thereof. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion)12:00 Noon, on the requested Borrowing Date) specifying the Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which . Each such notice given by means other than written notice shall be promptly confirmed in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereofwriting by the Borrower. The proceeds of the each Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an office of the Swing Line Lender by crediting the account of such the Borrower at such office with such proceeds in Dollarsproceeds.

Appears in 1 contract

Samples: Credit Agreement (Landstar System Inc)

Swing Line Commitments. (a) Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, agrees to make swing line loans (individually, a “Swing Line Loan”"SWING LINE LOAN"; collectively, the “Swing Line Loans”"SWING LINE LOANS") to the Borrower from time to time during the Initial Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $25.0 million; provided 5,000,000, PROVIDED that at no time may the sum of the then outstanding Revolving Credit Loans, Swing Line Loans, Revolving Loans and L/C Obligations exceed the Revolving Credit Commitments then in effect. Amounts borrowed by the Borrower under this subsection 2.8 2.19 may be repaid and, through but excluding the Initial Revolving Maturity Termination Date, reborrowed. Swing Line Loans may not be prepaid without the consent of the Swing Line Lender. All Swing Line Loans made to the Borrower shall be made in Dollars as ABR Negotiated Rate Loans and shall not be entitled to be converted into Eurocurrency Eurodollar Loans or ABR Loans. The Borrower shall give the Swing Line Lender and Administrative Agent irrevocable notice (which notice must be received by the Swing Line Lender and Administrative Agent prior to 2:00 P.M. 12:00 Noon, New York City time (or such later time as may be agreed by the Swing Line Lender in its reasonable discretion), time) on the requested Borrowing Date specifying (1) the identity of the Borrower and (2) the amount of the requested Swing Line Loan, which shall be in a minimum amount of $100,000 or whole multiples of $50,000 in excess thereof. The proceeds of the Swing Line Loan will be made available by the Swing Line Lender to the Borrower identified in such notice at an the office of the Swing Line Lender by crediting the account of such the Borrower at such office with such proceeds in Dollars. Each Negotiated Rate Loan shall mature and be payable at the end of the Interest Period applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Recoton Corp)

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