Swing Line Loan. (i) The Borrower may request the Administrative Agent to make, and the Administrative Agent may, in its sole discretion provided that the requirements of Sections 2.6 and 2.7 are complied with by the Borrower at the time of such request, make, Swing Line Loans to the Borrower from time to time on any Business Day during the period from the Effective Date until the Termination Date in an aggregate principal amount not to exceed at any date the lesser of (A) $5,000,000 (the "Swing Line Facility") and (B) the aggregate of the unused portions of the Commitments of the Lenders as of such date. The Administrative Agent may make Swing Line Loans (provided that the Administrative Agent has received a request in writing from the Borrower no later than 1:00 p.m. Chicago time) on the Business Day on which such Swing Line Loan is requested to be made. Each Swing Line Loan shall be payable on demand and shall bear interest at the Floating Rate. Each Lender's Commitment shall be deemed utilized by an amount equal to such Lender's pro rata share (based on such Lender's Commitment) of each Swing Line Loan for purposes of determining the amount of Revolving Credit Advances required to be made by such Lender. Within the limits of the Swing Line Facility, so long as the Administrative Agent, in its sole discretion, elects to make Swing Line Loans, the Borrower may borrow and reborrow under this Section 2.1(b)(i). (ii) The Administrative Agent may at any time in its sole and absolute discretion require that any Swing Line Loan be refunded by a Revolving Credit Loan which is a Floating Rate Loan, and upon notice thereof by the Administrative Agent to the Borrower and the Lenders, the Borrower shall be deemed to have requested a Revolving Credit Loan bearing interest at the Floating Rate in an amount equal to the amount of any such Swing Line Loan, and such Revolving Credit Loan shall be made to refund such Swing Line Loan. Each Lender shall be absolutely and unconditionally obligated (except as set forth in the first paragraph of Section 2.1(b)(i)) to fund its pro rata share (based on such Lender's Commitment) of such Revolving Credit Loan and such obligation shall not be affected by any circumstance, including, without limitation, (i) any set-off, counterclaim, recoupment, defense or other right which such Lender or the Borrower or any of its Subsidiaries may have against the Administrative Agent, the Borrower or any of its Subsidiaries or anyone else for any reason whatsoever; (ii) the occurrence or continuance of a Default or an Event of Default; (iii) any adverse change in the condition (financial or otherwise) of the Borrower or any of its Subsidiaries; (iv) any breach of this Agreement by the Borrower or any of its Subsidiaries or any other Lender; or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing (including the Borrower's failure to satisfy any conditions contained in Article II or any other provision of this Agreement).
Appears in 1 contract
Sources: Short Term Credit Agreement (National Auto Credit Inc /De)
Swing Line Loan. (i) The Borrower Treasury Manager may request the Administrative Agent to make, and the Administrative Agent may, in its sole discretion provided that the requirements of Sections 2.6 and 2.7 Section 2.8 are complied with by the Borrower Borrowers at the time of such request, make, Swing Line Loans to the Borrower Borrowers from time to time on any Business Day during the period from the Effective Date until the Termination Date in an aggregate principal amount not to exceed at any date the lesser of (A) $5,000,000 25,000,000 (the "Swing Line Facility") and (B) the aggregate of the unused portions of the Commitments of the Lenders Banks as of such date. The Administrative Agent may make Swing Line Loans (provided that the Administrative Agent has received a request in writing from the Borrower no later than 1:00 p.m. Chicago time) on the Business Day on which such Swing Line Loan is requested to be made. Each Swing Line Loan shall be payable on demand and shall bear interest at the Floating Rate. Each LenderBank's Commitment shall be deemed utilized by an amount equal to such LenderBank's pro rata share (based on such LenderBank's Commitment) of each Swing Line Loan for purposes of determining the amount of Revolving Credit Advances required to be made by such LenderBank. Swing Line Loans shall bear interest at the Interbank Offered Rate or the Negotiated Rate, as the Borrowers may elect hereunder. Within the limits of the Swing Line Facility, so long as the Administrative Agent, in its sole discretion, elects to make Swing Line Loans, the Borrower Borrowers may borrow and reborrow under this Section 2.1(b)(i).
(ii) The Administrative Agent may at any time in its sole and absolute discretion require that any Swing Line Loan be refunded by a Revolving Credit Loan which is a Floating an Interbank Offered Rate LoanLoan in the same Permitted Currency in which such Swing Line Loan is denominated, and upon notice thereof by the Administrative Agent to the Borrower Company and the LendersBanks, the Borrower Borrowers shall be deemed to have requested a Revolving Credit Loan bearing interest at the Floating Interbank Offered Rate with an Interbank Interest Period of one month in an amount equal to the amount of any such Swing Line LoanLoan in the same Permitted Currency in which such Swing Line Loan is denominated, and such Revolving Credit Loan shall be made to refund such Swing Line Loan. Each Lender Bank shall be absolutely and unconditionally obligated (except as set forth in the first paragraph of Section 2.1(b)(i)) to fund its pro rata share (based on such LenderBank's Commitment) of such Revolving Credit Loan and such obligation shall not be affected by any circumstance, including, without limitation, (i) any set-off, counterclaim, recoupment, defense or other right which such Lender Bank or the Borrower Company or any of its Subsidiaries may have against the Administrative Agent, the any Borrower or any of its their respective Subsidiaries or anyone else for any reason whatsoever; (ii) the occurrence or continuance of a Default or an Event of Default; (iii) any adverse change in the condition (financial or otherwise) of the any Borrower or any of its Subsidiaries; (iv) any breach of this Agreement by the any Borrower or any of its their respective Subsidiaries or any other LenderBank; or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing (including the any Borrower's failure to satisfy any conditions contained in Article II or any other provision of this Agreement).
Appears in 1 contract
Sources: Loan Agreement (Invacare Corp)
Swing Line Loan. (i) The Borrower may request Agent shall notify the Administrative Agent Cdn. Swing Line Lender upon Agent's receipt of any Cdn. Notice of Revolving Credit Advance. Subject to makethe terms and conditions hereof, and the Administrative Agent Cdn. Swing Line Lender may, in its sole discretion provided that the requirements of Sections 2.6 and 2.7 are complied with by the Borrower at the time of such requestdiscretion, make, Swing Line Loans to the Borrower make available from time to time on any Business Day during the period from the Effective Date until the Commitment Termination Date advances (each, a "Cdn. Swing Line Advance") in an accordance with any such notice. The provisions of this Section 1.1(e) shall not relieve Cdn. Revolving Lenders of their obligations to make Cdn. Revolving Credit Advances under Section 1.1(a); provided that if the Cdn. Swing Line Lender makes a Cdn. Swing Line Advance pursuant to any such notice, such Cdn. Swing Line Advance shall be in lieu of any Cdn. Revolving Credit Advance that otherwise may be made by Cdn. Revolving Credit Lenders pursuant to such notice. The aggregate principal amount of Cdn. Swing Line Advances outstanding shall not to exceed at any date time the lesser of (A) $5,000,000 (the "Cdn. Swing Line Facility") Loan Commitment and (B) the aggregate lesser of the unused portions Cdn. Maximum Amount and Cdn. Borrowing Availability, in each case, less the outstanding balance of the Commitments of the Lenders as of Cdn. Revolving Loans at such datetime ("Cdn. The Administrative Agent may make Swing Line Loans (provided that Availability"). Until the Administrative Commitment Termination Date, Lower Lakes may from time to time borrow, repay and reborrow under this Section 1.1(e). Each Cdn. Swing Line Advance shall be made pursuant to a Cdn. Notice of Revolving Credit Advance delivered to Agent has received a request by Lower Lakes in writing from the Borrower accordance with Section 1.1(a). Any such notice must be given no later than 1:00 p.m. Chicago 11:00 a.m. (New York time) on the Business Day on which such of the proposed Cdn. Swing Line Advance. Unless the Cdn. Swing Line Lender has received at least one Business Day's prior written notice from Requisite Lenders instructing it not to make a Cdn. Swing Line Advance, the Cdn. Swing Line Lender shall, notwithstanding the failure of any condition precedent set forth in Section 2.2, be entitled to fund that Cdn. Swing Line Advance, and to have each Cdn. Revolving Lender make Cdn. Revolving Credit Advances in accordance with Section 1.1(e)(iii) or purchase participating interests in accordance with Section 1.1(e)(iv). Notwithstanding any other provision of this Agreement or the other Loan is requested to be madeDocuments, the Cdn. Each Swing Line Loan shall be payable on demand and constitute a Canadian Prime Rate Loan. Lower Lakes shall bear interest at repay the Floating Rateaggregate outstanding principal amount of the Cdn. Each Lender's Commitment shall be deemed utilized by an amount equal to such Lender's pro rata share (based on such Lender's Commitment) of each Swing Line Loan for purposes of determining the amount of Revolving Credit Advances required to be made upon demand therefor by such Lender. Within the limits of the Swing Line Facility, so long as the Administrative Agent, in its sole discretion, elects to make Swing Line Loans, the Borrower may borrow and reborrow under this Section 2.1(b)(i).
(ii) Lower Lakes shall execute and deliver to the Cdn. Swing Line Lender a promissory note to evidence the Cdn. Swing Line Loan Commitment. Each note shall be in the principal amount of the Cdn. Swing Line Loan Commitment of the Cdn. Swing Line Lender, dated the Restatement Closing Date and substantially in the form of Exhibit 1.1(e)(ii) (each a "Cdn. Swing Line Note" and, collectively, the "Cdn. Swing Line Notes"). Each Cdn. Swing Line Note shall represent the obligation of Lower Lakes to pay the amount of the Cdn. Swing Line Loan Commitment or, if less, the aggregate unpaid principal amount of all Cdn. Swing Line Advances made to Lower Lakes together with interest thereon as prescribed in Section 1.5. The Administrative Agent may entire unpaid balance of the Cdn. Swing Line Loan and all other noncontingent Obligations shall be immediately due and payable in full in immediately available funds on the Commitment Termination Date if not sooner paid in full.
(iii) The Cdn. Swing Line Lender, at any time in its sole and absolute discretion require that any from time to time no less frequently than once weekly shall on behalf of Lower Lakes (and Lower Lakes hereby irrevocably authorizes the Cdn. Swing Line Loan be refunded by Lender to so act on its behalf) request each Cdn. Revolving Lender (including the Cdn. Swing Line Lender) to make a Cdn. Revolving Credit Loan Advance to Lower Lakes (which is shall be a Floating Canadian Prime Rate Loan, and upon notice thereof by the Administrative Agent to the Borrower and the Lenders, the Borrower shall be deemed to have requested a Revolving Credit Loan bearing interest at the Floating Rate ) in an amount equal to that Cdn. Revolving Lender's Pro Rata Share of the principal amount of any such Lower Lakes' Cdn. Swing Line Loan (the "Cdn. Refunded Swing Line Loan, ") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(j) or 8.1(k) has occurred (in which event the procedures of Section 1.1(e)(iv) shall apply) and such regardless of whether the conditions precedent set forth in this Agreement to the making of a Cdn. Revolving Credit Loan Advance are then satisfied, each Cdn. Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Cdn. Revolving Credit Advance on behalf of the Cdn. Swing Line Lender prior to 3:00 p.m. (New York time) in immediately available funds on the Business Day next succeeding the date that notice is given. The proceeds of those Cdn. Revolving Credit Advances shall be immediately paid to the Cdn. Swing Line Lender and applied to repay the Cdn. Refunded Swing Line Loan of Lower Lakes.
(iv) If, prior to refunding a Cdn. Swing Line Loan with a Cdn. Revolving Credit Advance pursuant to Section 1.1(e)(iii), one of the events described in Sections 8.1(j) or 8.1(k) has occurred, then, subject to the provisions of Section 1.1(e)(v) below, each Cdn. Revolving Lender shall, on the date such Cdn. Revolving Credit Advance was to have been made for the benefit of Lower Lakes, purchase from the Cdn. Swing Line Lender an undivided participation interest in the Cdn. Swing Line Loan to refund Lower Lakes in an amount equal to its Pro Rata Share of such Cdn. Swing Line Loan. Each Upon request, each Cdn. Revolving Lender shall be absolutely and unconditionally obligated promptly transfer to the Cdn. Swing Line Lender, in immediately available funds, the amount of its participation interest.
(except as set forth in the first paragraph of Section 2.1(b)(i)v) to fund its pro rata share (based on such Each Cdn. Revolving Lender's Commitment) of such obligation to make Cdn. Revolving Credit Loan Advances in accordance with Section 1.1(e)(iii) and such obligation to purchase participation interests in accordance with Section 1.1(e)(iv) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, including (iA) any set-offsetoff, counterclaim, recoupment, defense or other right which that such Cdn. Revolving Lender or the Borrower or any of its Subsidiaries may have against the Administrative AgentCdn. Swing Line Lender, the any Borrower or any of its Subsidiaries or anyone else other Person for any reason whatsoever; (iiB) the occurrence or continuance of a any Default or an Event of Default; (iiiC) any adverse change inability of any Borrower to satisfy the conditions precedent to borrowing set forth in the condition (financial or otherwise) of the Borrower or any of its Subsidiaries; (iv) any breach of this Agreement by the Borrower or at any of its Subsidiaries or any other Lender; time or (vD) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing (including foregoing. If any Cdn. Revolving Lender does not make available to Agent or the Borrower's failure Cdn. Swing Line Lender, as applicable, the amount required pursuant to satisfy any conditions contained Sections 1.1(e)(iii) or 1.1(e)(iv), as the case may be, the Cdn. Swing Line Lender shall be entitled to recover such amount on demand from such Cdn. Revolving Lender, together with interest thereon for each day from the date of non-payment until such amount is paid in Article II or any other provision of this Agreement)full at the Federal Funds Rate for the first two Business Days and at the BA Rate thereafter.
Appears in 1 contract
Swing Line Loan. (i) The Borrower may request Agent shall notify the Administrative Agent Cdn. Swing Line Lender upon Agent's receipt of any Cdn. Notice of Revolving Credit Advance. Subject to makethe terms and conditions hereof, and the Administrative Agent Cdn. Swing Line Lender may, in its sole discretion provided that the requirements of Sections 2.6 and 2.7 are complied with by the Borrower at the time of such requestdiscretion, make, Swing Line Loans to the Borrower make available from time to time on any Business Day during the period from the Effective Date until the Commitment Termination Date advances (each, a "Cdn. Swing Line Advance") in an accordance with any such notice. The provisions of this Section 1.1(f) shall not relieve Cdn. Revolving Lenders of their obligations to make Cdn. Revolving Credit Advances under Section 1.1(a); provided that if the Cdn. Swing Line Lender makes a Cdn. Swing Line Advance pursuant to any such notice, such Cdn. Swing Line Advance shall be in lieu of any Cdn. Revolving Credit Advance that otherwise may be made by Cdn. Revolving Credit Lenders pursuant to such notice. The aggregate principal amount of Cdn. Swing Line Advances outstanding shall not to exceed at any date time the lesser of (A) $5,000,000 (the "Cdn. Swing Line Facility") Loan Commitment and (B) the aggregate lesser of the unused portions Cdn. Maximum Amount and Cdn. Borrowing Availability, in each case, less the outstanding balance of the Commitments of the Lenders as of Cdn. Revolving Loans at such datetime ("Cdn. The Administrative Agent may make Swing Line Loans (provided that Availability"). Until the Administrative Commitment Termination Date, Lower Lakes may from time to time borrow, repay and reborrow under this Section 1.1(f). Each Cdn. Swing Line Advance shall be made pursuant to a Cdn. Notice of Revolving Credit Advance delivered to Agent has received a request by Lower Lakes in writing from the Borrower accordance with Section 1.1(a). Any such notice must be given no later than 1:00 p.m. Chicago 11:00 a.m. (New York time) on the Business Day on which such of the proposed Cdn. Swing Line Advance. Unless the Cdn. Swing Line Lender has received at least one Business Day's prior written notice from Requisite Revolving Lenders instructing it not to make a Cdn. Swing Line Advance, the Cdn. Swing Line Lender shall, notwithstanding the failure of any condition precedent set forth in Section 2.2, be entitled to fund that Cdn. Swing Line Advance, and to have each Cdn. Revolving Lender make Cdn. Revolving Credit Advances in accordance with Section 1.1(f)(iii) or purchase participating interests in accordance with Section 1.1(f)(iv). Notwithstanding any other provision of this Agreement or the other Loan is requested to be madeDocuments, the Cdn. Each Swing Line Loan shall be payable on demand and constitute a Canadian Prime Rate Loan. Lower Lakes shall bear interest at repay the Floating Rateaggregate outstanding principal amount of the Cdn. Each Lender's Commitment shall be deemed utilized by an amount equal to such Lender's pro rata share (based on such Lender's Commitment) of each Swing Line Loan for purposes of determining the amount of Revolving Credit Advances required to be made upon demand therefor by such Lender. Within the limits of the Swing Line Facility, so long as the Administrative Agent, in its sole discretion, elects to make Swing Line Loans, the Borrower may borrow and reborrow under this Section 2.1(b)(i).
(ii) Lower Lakes shall execute and deliver to the Cdn. Swing Line Lender a promissory note to evidence the Cdn. Swing Line Loan Commitment. Each note shall be in the principal amount of the Cdn. Swing Line Loan Commitment of the Cdn. Swing Line Lender, dated the Restatement Closing Date and substantially in the form of Exhibit 1.1(f)(ii) (each a "Cdn. Swing Line Note" and, collectively, the "Cdn. Swing Line Notes"). Each Cdn. Swing Line Note shall represent the obligation of Lower Lakes to pay the amount of the Cdn. Swing Line Loan Commitment or, if less, the aggregate unpaid principal amount of all Cdn. Swing Line Advances made to Lower Lakes together with interest thereon as prescribed in Section 1.5. The Administrative Agent may entire unpaid balance of the Cdn. Swing Line Loan and all other noncontingent Obligations shall be immediately due and payable in full in immediately available funds on the Commitment Termination Date if not sooner paid in full.
(iii) The Cdn. Swing Line Lender, at any time in its sole and absolute discretion require that any from time to time no less frequently than once weekly shall on behalf of Lower Lakes (and Lower Lakes hereby irrevocably authorizes the Cdn. Swing Line Loan be refunded by Lender to so act on its behalf) request each Cdn. Revolving Lender (including the Cdn. Swing Line Lender) to make a Cdn. Revolving Credit Loan Advance to Lower Lakes (which is shall be a Floating Canadian Prime Rate Loan, and upon notice thereof by the Administrative Agent to the Borrower and the Lenders, the Borrower shall be deemed to have requested a Revolving Credit Loan bearing interest at the Floating Rate ) in an amount equal to that Cdn. Revolving Lender's Pro Rata Share of the principal amount of any such Lower Lakes' Cdn. Swing Line Loan (the "Cdn. Refunded Swing Line Loan, ") outstanding on the date such notice is given. Unless any of the events described in Sections 8.1(j) or 8.1(k) has occurred (in which event the procedures of Section 1.1(f)(iv) shall apply) and such regardless of whether the conditions precedent set forth in this Agreement to the making of a Cdn. Revolving Credit Loan Advance are then satisfied, each Cdn. Revolving Lender shall disburse directly to Agent, its Pro Rata Share of a Cdn. Revolving Credit Advance on behalf of the Cdn. Swing Line Lender prior to 3:00 p.m. (New York time) in immediately available funds on the Business Day next succeeding the date that notice is given. The proceeds of those Cdn. Revolving Credit Advances shall be immediately paid to the Cdn. Swing Line Lender and applied to repay the Cdn. Refunded Swing Line Loan of Lower Lakes.
(iv) If, prior to refunding a Cdn. Swing Line Loan with a Cdn. Revolving Credit Advance pursuant to Section 1.1(f)(iii), one of the events described in Sections 8.1(j) or 8.1(k) has occurred, then, subject to the provisions of Section 1.1(f)(v) below, each Cdn. Revolving Lender shall, on the date such Cdn. Revolving Credit Advance was to have been made for the benefit of Lower Lakes, purchase from the Cdn. Swing Line Lender an undivided participation interest in the Cdn. Swing Line Loan to refund Lower Lakes in an amount equal to its Pro Rata Share of such Cdn. Swing Line Loan. Each Upon request, each Cdn. Revolving Lender shall be absolutely and unconditionally obligated promptly transfer to the Cdn. Swing Line Lender, in immediately available funds, the amount of its participation interest.
(except as set forth in the first paragraph of Section 2.1(b)(i)v) to fund its pro rata share (based on such Each Cdn. Revolving Lender's Commitment) of such obligation to make Cdn. Revolving Credit Loan Advances in accordance with Section 1.1(f)(iii) and such obligation to purchase participation interests in accordance with Section 1.1(f)(iv) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, including (iA) any set-offsetoff, counterclaim, recoupment, defense or other right which that such Cdn. Revolving Lender or the Borrower or any of its Subsidiaries may have against the Administrative AgentCdn. Swing Line Lender, the any Borrower or any of its Subsidiaries or anyone else other Person for any reason whatsoever; (iiB) the occurrence or continuance of a any Default or an Event of Default; (iiiC) any adverse change inability of any Borrower to satisfy the conditions precedent to borrowing set forth in the condition (financial or otherwise) of the Borrower or any of its Subsidiaries; (iv) any breach of this Agreement by the Borrower or at any of its Subsidiaries or any other Lender; time or (vD) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing (including foregoing. If any Cdn. Revolving Lender does not make available to Agent or the Borrower's failure Cdn. Swing Line Lender, as applicable, the amount required pursuant to satisfy any conditions contained Sections 1.1(f)(iii) or 1.1(f)(iv), as the case may be, the Cdn. Swing Line Lender shall be entitled to recover such amount on demand from such Cdn. Revolving Lender, together with interest thereon for each day from the date of non-payment until such amount is paid in Article II or any other provision of this Agreement)full at the Federal Funds Rate for the first two Business Days and at the BA Rate thereafter.
Appears in 1 contract
Swing Line Loan. (i) The Borrower may request Agent shall notify the Administrative Agent Cdn. Swing Line Lender upon Agent’s receipt of any Cdn. Notice of Revolving Credit Advance. Subject to makethe terms and conditions hereof, and the Administrative Agent Cdn. Swing Line Lender may, in its sole discretion provided that the requirements of Sections 2.6 and 2.7 are complied with by the Borrower at the time of such requestdiscretion, make, Swing Line Loans to the Borrower make available from time to time on any Business Day during the period from the Effective Date until the Commitment Termination Date advances (each, a “Cdn. Swing Line Advance”) in an accordance with any such notice. The provisions of this Section 1.1(c) shall not relieve Cdn. Revolving Lenders of their obligations to make Cdn. Revolving Credit Advances under Section 1.1(a); provided that if the Cdn. Swing Line Lender makes a Cdn. Swing Line Advance pursuant to any such notice, such Cdn. Swing Line Advance shall be in lieu of any Cdn. Revolving Credit Advance that otherwise may be made by Cdn. Revolving Credit Lenders pursuant to such notice. The aggregate principal amount of Cdn. Swing Line Advances outstanding shall not to exceed at any date time the lesser of (A) $5,000,000 (the "Cdn. Swing Line Facility") Loan Commitment and (B) the aggregate lesser of the unused portions Cdn. Maximum Amount and Cdn. Borrowing Availability, in each case, less the outstanding balance of the Commitments of the Lenders as of Cdn. Revolving Loans at such datetime (“Cdn. The Administrative Agent may make Swing Line Loans (provided that Availability”). Until the Administrative Commitment Termination Date, Cdn. Borrower may from time to time borrow, repay and reborrow under this Section 1.1(c). Each Cdn. Swing Line Advance shall be made pursuant to a Cdn. Notice of Revolving Credit Advance delivered to Agent has received a request by Cdn. Borrower in writing from the Borrower accordance with Section 1.1(a). Any such notice must be given no later than 1:00 p.m. Chicago 11:00 a.m. (New York time) on the Business Day on which such of the proposed Cdn. Swing Line Advance. Unless the Cdn. Swing Line Lender has received at least one (1) Business Day’s prior written notice from Requisite Lenders instructing it not to make a Cdn. Swing Line Advance, the Cdn. Swing Line Lender shall, notwithstanding the failure of any condition precedent set forth in Section 2.2, be entitled to fund that Cdn. Swing Line Advance, and to have each Cdn. Revolving Lender make Cdn. Revolving Credit Advances in accordance with Section 1.1(c)(iii) or purchase participating interests in accordance with Section 1.1(c)(iv). Notwithstanding any other provision of this Agreement or the other Loan is requested to be madeDocuments, the Cdn. Each Swing Line Loan shall be payable on demand and shall bear interest at the Floating Rate. Each Lender's Commitment shall be deemed utilized by an amount equal to such Lender's pro rata share funded in Canadian Dollars or US Dollars (based on such Lender's Commitment) of each Swing Line Loan for purposes of determining the amount of Revolving Credit Advances required to be made by such Lender. Within the limits of the Swing Line Facility, so long as the Administrative Agent, in its sole discretion, elects to make Swing Line Loans, the Borrower may borrow and reborrow under this Section 2.1(b)(i).
(ii) The Administrative Agent may at any time in its sole and absolute discretion require that any Swing Line Loan be refunded by a Revolving Credit Loan which is a Floating Rate Loan, and upon notice thereof by the Administrative Agent to the Borrower and the Lenders, the Borrower shall be deemed to have requested a Revolving Credit Loan bearing interest at the Floating Rate in an amount equal to the amount of any such Swing Line Loan, and such Revolving Credit Loan shall be made to refund such Swing Line Loan. Each Lender shall be absolutely and unconditionally obligated (except as set forth in the first paragraph relevant Cdn. Notice of Section 2.1(b)(i)) to fund its pro rata share (based on such Lender's Commitment) of such Revolving Credit Advance) and constitute a Canadian Prime Rate Loan and such obligation or Canadian Base Rate Loan, as applicable. Cdn. Borrower shall not be affected by any circumstance, including, without limitation, (i) any set-off, counterclaim, recoupment, defense or other right which such Lender or repay the Borrower or any of its Subsidiaries may have against the Administrative Agent, the Borrower or any of its Subsidiaries or anyone else for any reason whatsoever; (ii) the occurrence or continuance of a Default or an Event of Default; (iii) any adverse change in the condition (financial or otherwise) aggregate outstanding principal amount of the Borrower or any of its Subsidiaries; (iv) any breach of this Agreement Cdn. Swing Line Loan upon demand therefor by the Borrower or any of its Subsidiaries or any other Lender; or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing (including the Borrower's failure to satisfy any conditions contained in Article II or any other provision of this Agreement)Agent.
Appears in 1 contract