Common use of SWING LINE LOANS; SETTLEMENTS Clause in Contracts

SWING LINE LOANS; SETTLEMENTS. (a) Solely for ease of administration of the Revolving Credit Loans, Fleet may, upon receipt of a Loan and Letter of Credit Request requesting a Swing Line Loan no later than 2:30 p.m. (Boston time) on the proposed date of funding, but shall not be required to, fund Base Rate Loans made in accordance with the provisions of this Credit Agreement (including, without limitation, satisfaction of the conditions set forth in ss.ss.10 and 11) for periods not to exceed seven (7) days in any one caSE, bearing interest at the rate set forth in ss.2.4(a)(i) for Revolving Credit Loans that are Base Rate LoanS ("SWING LINE LOANS"). The Swing Line Loans shall be evidenced by a promissory note of the Borrowers in substantially the form of EXHIBIT A-2 hereto (the "SWING LINE NOTE") dated as of the Effective Date, and shall each be in a minimum amount of $100,000 or greater, PROVIDED THAT the outstanding amount of Swing Line Loans advanced by Fleet hereunder shall not exceed $10,000,000 at any time. Each Revolving Credit Lender shall remain severally and unconditionally liable to fund its PRO RATA share (based upon such Lender's Commitment Percentage) of such Swing Line Loans on each Settlement Date and, in the event Fleet chooses not to fund all Swing Line Rate Loans requested on any date, to fund its Commitment Percentage of the Swing Line Loans requested, subject to satisfaction of the provisions hereof (including, without limitation, satisfaction of the conditions set forth in ss.ss.10 and 11) relating to the making of SwINg Line Loans. Prior to each Settlement, all payments or repayments of the principal of, and interest on, Swing Line Loans shall be credited to the account of Fleet.

SWING LINE LOANS; SETTLEMENTS. (a) Solely So long as BKB has not received written notice from the Borrowers of an Event of Default and otherwise made in accordance with the provisions of this Credit Agreement, solely for ease of administration of the Revolving Credit Loans, Fleet BKB may, upon receipt of a Loan and Letter of Credit Request requesting a Swing Line Loan no later than 2:30 2:00 p.m. (Boston time) on the proposed date of funding, but shall not be required to, fund Base Rate Loans made in accordance with the provisions of this Credit Agreement (including, without limitation, satisfaction of the conditions set forth in ss.ss.10 and 11"Swing Line Loans") for periods not to exceed seven (7) days in any one caSEcase, bearing interest at the rate as set forth in ss.2.4(a)(i) for Revolving Credit Loans that are Base Rate LoanS ("SWING LINE LOANS")Loans in Section 2.4. The Swing Line Loans shall be evidenced by a promissory note of the Borrowers in substantially the form of EXHIBIT A-2 Exhibit C hereto (the "SWING LINE NOTESwing Line Note") dated as of the Effective Closing Date, and shall each be in a minimum amount of $500,000 or integral multiples of $100,000 or greaterin excess thereof, PROVIDED THAT provided that the outstanding amount of Swing Line Loans advanced by Fleet BKB hereunder shall not exceed $10,000,000 15,000,000 at any time. Each Revolving Credit Lender Bank shall remain severally severally, but not jointly, and unconditionally liable to fund its PRO RATA pro rata share (based upon such Lendereach Bank's Commitment Percentage) of such Swing Line Loans on each Settlement Date and, in the event Fleet BKB chooses not to fund all Swing Line Base Rate Loans requested on any date, to fund its Commitment Percentage of the Swing Line Base Rate Loans requested, subject to satisfaction of the provisions hereof (including, without limitation, satisfaction of the conditions set forth in ss.ss.10 and 11) relating to the making of SwINg Line Base Rate Loans. Prior to each Settlement, all payments or repayments of the principal of, and interest on, Swing Line Loans shall be credited to the account of FleetBKB.

SWING LINE LOANS; SETTLEMENTS. (a) Solely So long as Fleet has not received written notice from the Borrowers of an Event of Default and otherwise made in accordance with the provisions of this Credit Agreement, solely for ease of administration of the Revolving Credit Loans, Fleet may, upon receipt of a Loan and Letter of Credit Request requesting a Swing Line Loan no later than 2:30 2:00 p.m. (Boston time) on the proposed date of funding, but shall not be required to, fund Base Rate Loans made in accordance with the provisions of this Credit Agreement (including, without limitation, satisfaction of the conditions set forth in ss.ss.10 and 11"Swing Line Loans") for periods not to exceed seven (7) days in any one caSEcase, bearing interest at the rate as set forth in ss.2.4(a)(i) for Revolving Credit Loans that are Base Rate LoanS ("SWING LINE LOANS")Loans in §2.4. The Swing Line Loans shall be evidenced by a promissory note of the Borrowers in substantially the form of EXHIBIT A-2 Exhibit C hereto (the "SWING LINE NOTE"Swing Line Note ) dated as of the Effective Closing Date, and shall each be in a minimum amount of $500,000 or integral multiples of $100,000 or greaterin excess thereof, PROVIDED THAT provided that the outstanding amount of Swing Line Loans advanced by Fleet hereunder shall not exceed $10,000,000 15,000,000 at any time. Each Revolving Credit Lender Bank shall remain severally severally, but not jointly, and unconditionally liable to fund its PRO RATA pro rata share (based upon such Lendereach Bank's Commitment Percentage) of such Swing Line Loans on each Settlement Date and, in the event Fleet chooses not to fund all Swing Line Base Rate Loans requested on any date, to fund its Commitment Percentage of the Swing Line Base Rate Loans requested, subject to satisfaction of the provisions hereof (including, without limitation, satisfaction of the conditions set forth in ss.ss.10 and 11) relating to the making of SwINg Line Base Rate Loans. Prior to each Settlement, all payments or repayments of the principal of, and interest on, Swing Line Loans shall be credited to the account of Fleet.

SWING LINE LOANS; SETTLEMENTS. (a) Solely So long as Bank of America has not received written notice of a Default or an Event of Default made in accordance with the provisions of this Credit Agreement, solely for ease of administration of the Revolving Credit Loans, Fleet Bank of America may, upon receipt of a Loan and Letter of Credit Request requesting a Swing Line Loan no later than 2:30 2:00 p.m. (Boston time) on the proposed date of funding, but shall not be required to, fund Base Rate Loans made in accordance with the provisions of this Credit Agreement (including, without limitation, satisfaction of the conditions set forth in ss.ss.10 and 11“Swing Line Loans”) for periods not to exceed seven (7) days in any one caSEcase, bearing interest at the rate as set forth in ss.2.4(a)(i) for Revolving Credit Loans that are Base Rate LoanS ("SWING LINE LOANS")Loans in §2.4. The Swing Line Loans shall be evidenced by a promissory note of the Borrowers in substantially the form of EXHIBIT A-2 hereto (the "SWING LINE NOTE"“Swing Line Note”) dated as of the Effective Closing Date, and shall each be in a minimum amount of $500,000 or integral multiples of $100,000 or greaterin excess thereof, PROVIDED THAT provided that the outstanding amount of Swing Line Loans advanced by Fleet Bank of America hereunder shall not exceed $10,000,000 25,000,000 at any time. Each Revolving Credit Lender shall remain severally severally, but not jointly, and unconditionally liable to fund its PRO RATA pro rata share (based upon such each Revolving Credit Lender's ’s Commitment Percentage) of such Swing Line Loans on each Settlement Date and, in the event Fleet Bank of America chooses not to fund all Swing Line Base Rate Loans requested on any date, to fund its Commitment Percentage of the Swing Line Base Rate Loans requested, subject to satisfaction of the provisions hereof (including, without limitation, satisfaction of the conditions set forth in ss.ss.10 and 11) relating to the making of SwINg Line Base Rate Loans. Prior to each Settlement, all payments or repayments of the principal of, and interest on, Swing Line Loans shall be credited to the account of FleetBank of America.

SWING LINE LOANS; SETTLEMENTS. (a) Solely for ease of administration of the Revolving Credit Loans, Fleet BKB may, upon receipt of a Loan and Letter of Credit Request requesting a Swing Line Loan no later than 2:30 1:00 p.m. (Boston time) on the proposed date of funding, but shall not be required to, fund Base Rate Loans made in accordance with the provisions of this Credit Agreement (including, without limitation, satisfaction of the conditions set forth in ss.ss.10 and 11"Swing Line Loans") for periods not to exceed seven (7) days in any one caSEcase, bearing interest at the rate as set forth in ss.2.4(a)(i) for Revolving Credit Loans that are Base Rate LoanS ("SWING LINE LOANS")SECTION 2.4. The Swing Line Loans shall be evidenced by a promissory note of the Borrowers in substantially the form of EXHIBIT A-2 hereto (the "SWING LINE NOTE") dated as of the Effective Date, Swing Line Note and shall each be in a minimum amount of $100,000 or greater, PROVIDED THAT the outstanding amount of Swing Line Loans advanced by Fleet BKB hereunder shall not exceed $10,000,000 15,000,000 at any time. Each Revolving Credit Lender shall remain severally and unconditionally liable to fund its PRO RATA share (based upon such each Revolving Credit Lender's Commitment Percentage) of such Swing Line Loans on each Settlement Date and, in the event Fleet BKB chooses not to fund all Swing Line Base Rate Loans requested on any date, to fund its Commitment Percentage of the Swing Line Base Rate Loans requested, subject to satisfaction of the provisions hereof (including, without limitation, satisfaction of the conditions set forth in ss.ss.10 and 11) relating to the making of SwINg Line Base Rate Loans. Prior to each Settlement, all payments or repayments of the principal of, and interest on, Swing Line Loans shall be credited to the account of FleetBKB. BKB will, on the Closing Date, convert all outstanding Swing Line Loans under the Prior Credit Agreement into Swing Line Loans hereunder.