Common use of Swing Line Clause in Contracts

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender may, at the Borrower's request and in the Swing Line Lender's sole discretion and without conferring with the Lenders, make Revolving Credit Loans (each a "SWING LINE LOAN") to the Borrower in an amount requested by the Borrower PROVIDED, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one time. The Borrower hereby requests and authorizes the Swing Line Lender to make from time to time such Swing Line Loans as may be so requested. The Borrower acknowledges and agrees that the making of such Swing Line Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 (in the case of Swing Line Loans made on the Closing Date) and Section 12 be satisfied. All actions taken by the Swing Line Lender pursuant to the provisions of this Section 2.6.2 shall be conclusive and binding on the Borrower and the Lenders absent the Swing Line Lender's gross negligence or willful misconduct.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 2.2.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the LendersBanks, make Revolving Credit Syndicated Loans to the Borrower (each a i) by entry of credits to the Borrower's accounts with the Agent designated by the Agent in its discretion for such purpose (collectively, the "SWING LINE LOANOPERATING ACCOUNTS") to cover checks or other charges which the Borrower has drawn or made against such accounts or (ii) in an amount as otherwise requested by the Borrower PROVIDED, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one timeBorrower. The Borrower hereby requests and authorizes the Swing Line Lender Agent to make from time to time such Swing Line Syndicated Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Accounts or as may be otherwise so requested. The Borrower acknowledges and agrees that the making of such Swing Line Syndicated Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Syndicated Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 (in the case of Swing Line Syndicated Loans made on the Closing Date) and Section 12 be satisfied. All actions taken by the Swing Line Lender Agent pursuant to the provisions of this Section 2.6.2 2.2.2 shall be conclusive and binding on the Borrower and the Lenders Banks absent manifest error or the Swing Line LenderAgent's gross negligence or willful misconduct. Syndicated Loans made pursuant to this Section 2.2.2 shall be Base Rate Loans until converted in accordance with the provisions of this Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Agent.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 ss.2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the Lenders, make Revolving Credit Loans to the Borrowers (each a i) by entry of credits to Century Aluminum's operating account (No. 56370000) xx any other account(s) of the Borrowers (the "SWING LINE LOANOperating Accounts") with the Agent to cover checks or other charges which the applicable Borrower has drawn or made against such account or (ii) in an amount as otherwise requested by the Borrower PROVIDED, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one timeBorrowers. The Borrower Borrowers hereby requests request and authorizes authorize the Swing Line Lender Agent to make from time to time such Swing Line Revolving Credit Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from an Operating Account or as may be otherwise so requested. The Borrower acknowledges Agent and agrees the Borrowers acknowledge and agree that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request (other than the requirement for an immediate Settlement) including, without limitation, the limitations set forth in Section 2.1 ss.2.1 and the requirements that the applicable provisions of Section 11 ss.12 (in the case of Swing Line Revolving Credit Loans made on the Initial Closing Date) and Section 12 ss.14 be satisfied. All actions taken by the Swing Line Lender Agent pursuant to the provisions of this Section 2.6.2 ss.2.6.2 shall be conclusive and binding on the Borrower Borrowers and the Lenders absent the Swing Line LenderAgent's gross negligence or willful misconduct. Revolving Credit Loans made pursuant to this ss.2.6.2 shall be Base Rate Loans until converted in accordance with the provisions of the Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Agent.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 §2.9.1 but otherwise in accordance with the terms and conditions of this Credit AgreementAgreement (except with respect to Protective OverAdvances), the Swing Line Lender Administrative Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the Lenders, make Revolving Credit Loans (each a "SWING LINE LOAN") to the Borrower Borrowers (a) by entry of credits to the Borrowers’ operating account or such other account (the “Operating Account”) with the Administrative Agent to cover checks or other charges which the Borrowers have drawn or made against such account, (b) in an amount as otherwise requested by the Borrower PROVIDED, that Borrowers or (ac) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one timeas Protective OverAdvances. The Borrower Borrowers hereby requests request and authorizes authorize the Swing Line Lender Administrative Agent to make from time to time such Swing Line Revolving Credit Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges Borrowers acknowledge and agrees agree that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section §2.1 and the requirements that the applicable provisions of Section §11 (in the case of Swing Line Revolving Credit Loans made on the Closing Date) and Section §12 be satisfiedsatisfied (except in the case of Protective OverAdvances). All actions taken by the Swing Line Lender Administrative Agent pursuant to the provisions of this Section 2.6.2 §2.9.2 shall be conclusive and binding on the Borrower Borrowers and the Revolving Credit Lenders absent the Swing Line Lender's Administrative Agent’s gross negligence or willful misconduct. Revolving Credit Loans made pursuant to this §2.9.2 shall be Base Rate Loans until converted in accordance with the provisions of the Agreement and, prior to a Settlement, such interest shall be for the account of the Administrative Agent.”

Swing Line. Notwithstanding the notice and minimum amount ---------- requirements set forth in Section 2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Administrative Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the Lenders, make Revolving Credit Loans to the Borrowers (each a a) by entry of credits to the Borrowers' operating account (No. [__________]) (the "SWING LINE LOANOperating Account") with the Issuing Bank to cover checks or other charges which the Borrower Borrowers have drawn or made against such account or (b) in an amount as otherwise requested by the Borrower PROVIDEDBorrowers; provided, however, that (a) each in no event shall such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Revolving -------- ------- Credit Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed an aggregate principal amount of $10,000,000 at any one time. The Borrower Borrowers hereby requests request and authorizes authorize the Swing Line Lender Administrative Agent to make from time to time such Swing Line Revolving Credit Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges Borrowers acknowledge and agrees agree that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 (in the case of Swing Line Revolving Credit Loans made on the Closing Date) and Section 12 be satisfied. All actions taken by the Swing Line Lender Administrative Agent pursuant to the provisions of this Section 2.6.2 shall be conclusive and binding on the Borrower Borrowers and the Lenders absent the Swing Line LenderAdministrative Agent's gross negligence or willful misconduct. Revolving Credit Loans made pursuant to this Section 2.6.2 shall be Base Rate Loans until converted in accordance with the provisions of the Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Administrative Agent.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Administrative Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the Lenders, make Revolving Credit Loans to the Borrower (a) by entry of credits to the Borrowers operating account No. 9427740498(the Operating Account) with the Cash Management Bank to cover checks or other charges which the Borrower has drawn or made against such account or (b) in an amount as otherwise requested by the Borrower; provided that the maximum outstanding amount of advances made by the Administrative Agent pursuant to this 2.6.2 (each a "SWING LINE LOAN") to the Borrower in an amount requested by the Borrower PROVIDED, that (a) each such Swing Line Loan Loan) shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereofnot, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not at any time, exceed $10,000,000 at any one time10,000,000. The Borrower hereby requests and authorizes the Swing Line Lender Administrative Agent to make from time to time such Swing Line Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges and agrees that the making of such the Swing Line Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 10 (in the case of Swing Line Loans made on the Closing Date) and Section 12 11 be satisfied. All actions taken by the Swing Line Lender Administrative Agent pursuant to the provisions of this Section 2.6.2 shall be conclusive and binding on the Borrower and the Lenders absent the Swing Line Lender's Administrative Agents gross negligence or willful misconduct. Swing Line Loans made pursuant to this 2.6.2 shall be Base Rate Loans until converted in accordance with the provisions of this Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Administrative Agent.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 (S)2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Agent may, at the Borrower's request and in the Swing Line LenderAgent's sole discretion and without conferring with the LendersBanks, make Revolving Credit A Loans (each a "SWING LINE LOAN") to the Borrower in an amount requested by the Borrower PROVIDEDBorrower, provided, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Revolving Credit A Loans made by the Swing Line Lender Agent pursuant to this Section 2.6.2 (S)2.6.2 shall not exceed $10,000,000 5,000,000 at any one time. The Borrower hereby requests and authorizes the Swing Line Lender Agent to make from time to time such Swing Line Revolving Credit A Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges and agrees that the making of such Swing Line Revolving Credit A Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit A Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 (S)2.1 and the requirements that the applicable provisions of Section 11 (S)10 (in the case of Swing Line Revolving Credit A Loans made on the Closing Date) and Section 12 (S)11 be satisfied. All actions taken by the Swing Line Lender Agent pursuant to the provisions of this Section 2.6.2 (S)2.6.2 shall be conclusive and binding on the Borrower and the Lenders Banks absent the Swing Line LenderAgent's gross negligence or willful misconduct. Revolving Credit A Loans made pursuant to this (S)2.6.2 shall be Base Rate Loans until converted in accordance with the provisions of the Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Agent.

Swing Line. Notwithstanding the notice and minimum amount ---------- requirements set forth in Section 2.6.1 (S)2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Loan and Collateral Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the LendersBanks, make Revolving Credit Loans (each a "SWING LINE LOAN") to the Borrower (i) by entry of credits to the Borrower's operating account (the "Operating Account") with the Loan and ----------------- Collateral Agent to cover checks or other charges which the Borrower has drawn or made against such account or (ii) in an amount as otherwise requested by the Borrower PROVIDED, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one timeBorrower. The Borrower hereby requests and authorizes the Swing Line Lender Loan and Collateral Agent to make from time to time such Swing Line Revolving Credit Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges and agrees that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 (S)2.1 and the requirements that the applicable provisions of Section 11 (S)11 (in the case of Swing Line Revolving Credit Loans made on the Closing Date) and Section 12 (S)12 be satisfied. All actions taken by the Swing Line Lender Loan and Collateral Agent pursuant to the provisions of this Section 2.6.2 (S)2.6.2 shall be conclusive and binding on the Borrower and the Lenders Banks absent the Swing Line LenderLoan and Collateral Agent's gross negligence or willful misconduct. Revolving Credit Loans made pursuant to this (S)2.6.2 shall be Base Rate Loans until converted in accordance with the provisions of the Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Loan and Collateral Agent.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section §2.6.1 but otherwise in accordance with the terms and conditions of this Credit AgreementAgreement and only so long as an Autoborrow Agreement is not then in effect, the Swing Line Lender Administrative Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the Lenders, make Revolving Credit Loans (each a "SWING LINE LOAN") to the Borrower Borrowers (a) by entry of credits to the Borrowers’ operating account (the “Operating Account”) with the Administrative Agent to cover checks or other charges which the Borrowers have drawn or made against such account or (b) in an amount as otherwise requested by the Borrower PROVIDEDa Borrower, that (a) in each such Swing Line Loan shall be in a minimum case up to an aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and outstanding (bafter giving effect to all amounts requested) the aggregate outstanding amount of all Swing Line Loans made by at any one time not to exceed the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one timeSublimit. The Borrower Borrowers hereby requests request and authorizes authorize the Swing Line Lender Administrative Agent to make from time to time such Swing Line Revolving Credit Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges Borrowers acknowledge and agrees agree that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section §2.1 and the requirements that the applicable provisions of Section 11 §12 (in the case of Swing Line Revolving Credit Loans made on the Closing Effective Date) and Section 12 §13 be satisfied. All actions taken by the Swing Line Lender Administrative Agent pursuant to the provisions of this Section §2.6.2 shall be conclusive and binding on the Borrower Borrowers and the Lenders absent the Swing Line Lender's Administrative Agent’s gross negligence or willful misconduct. Revolving Credit Loans made pursuant to this §2.6.2 shall be Base Rate Loans until converted in accordance with the provisions of the Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Administrative Agent. Each Revolving Credit Loan made by the Administrative Agent to the Borrowers under this §2.6 shall be in a minimum aggregate amount of $100,000. Each Lender severally agrees that it shall be absolutely liable, without regard to the occurrence of any Default or Event of Default or any other condition precedent whatsoever, to the extent of such Lender’s Commitment Percentage of any Revolving Credit Loan made by the Administrative Agent under this §2.6.2.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 ss.2.9.1 but otherwise in accordance with the terms and conditions of this Credit AgreementAgreement (except with respect to Protective OverAdvances), the Swing Line Lender Administrative Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the Lenders, make Revolving Credit Loans to the Borrowers (each a a) by entry of credits to the Borrowers' operating account or such other account (the "SWING LINE LOANOPERATING ACCOUNT") with the Administrative Agent to cover checks or other charges which the Borrower Borrowers have drawn or made against such account, (b) in an amount as otherwise requested by the Borrower PROVIDED, that Borrowers or (ac) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one timeas Protective OverAdvances. The Borrower Borrowers hereby requests request and authorizes authorize the Swing Line Lender Administrative Agent to make from time to time such Swing Line Revolving Credit Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges Borrowers acknowledge and agrees agree that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 ss.2.1 and the requirements that the applicable provisions of Section 11 ss.11 (in the case of Swing Line Revolving Credit Loans made on the Closing Date) and Section 12 ss.12 be satisfiedsatisfied (except in the case of Protective OverAdvances). All actions taken by the Swing Line Lender Administrative Agent pursuant to the provisions of this Section 2.6.2 ss.2.9.2 shall be conclusive and binding on the Borrower Borrowers and the Revolving Credit Lenders absent the Swing Line LenderAdministrative Agent's gross negligence or willful misconduct. Revolving Credit Loans made pursuant to this ss.2.9.2 shall be Base Rate Loans until converted in accordance with the provisions of the Agreement and, prior to a Settlement, such interest shall be for the account of the Administrative Agent.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section §2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Administrative Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the Lenders, make Revolving Credit Loans (each a "SWING LINE LOAN"“Swing Line Loans”) to the Borrowers (a) by entry of credits to any account of a Borrower (each, an “Operating Account”) at Bank of America, N.A. to cover checks or other charges which such Borrower has drawn or made against such account or (b) in an amount as otherwise requested by the Borrower PROVIDEDBorrowers, provided that (a) each such Swing Line Loan shall be in a minimum aggregate amount the outstanding principal balance of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to under this Section §2.6.2 shall not exceed $10,000,000 20,000,000 at any one timetime in the aggregate. The Borrower Borrowers hereby requests request and authorizes authorize the Swing Line Lender Administrative Agent to make from time to time such Swing Line Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges Borrowers acknowledge and agrees agree that the making of such Swing Line Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Loans covered by a Loan Request including, without limitation, the limitations set forth in Section §2.1 and the requirements that the applicable provisions of Section §11 (in the case of Swing Line Loans made on the Closing Effective Date) and Section §12 be satisfied. All actions taken by the Swing Line Lender Administrative Agent pursuant to the provisions of this Section §2.6.2 shall be conclusive and binding on the Borrower Borrowers and the Lenders absent the Swing Line Lender's Administrative Agent’s gross negligence or willful misconduct. Loans made pursuant to this §2.6.2 shall be LIBOR Rate Loans until converted in accordance with the provisions of the Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Administrative Agent.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section §2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Administrative Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the Lenders, make Revolving Credit Loans (each a "SWING LINE LOAN") to the Borrower on a same day basis in an aggregate amount not exceeding $15,000,000 (a) by entry of credits to the Borrower’s operating account (the “Operating Account”) with the Administrative Agent or such other account which the Borrower has designated as such to the Administrative Agent by not less than three (3) Business Days notice, to cover checks or other charges which the Borrower has drawn or made against such account or (b) in an amount as otherwise requested by the Borrower PROVIDED, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one timeBorrower. The Borrower hereby requests and authorizes the Swing Line Lender Administrative Agent to make from time to time such Swing Line Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges and agrees that the making of such Swing Line Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Loans covered by a Loan Request including, without limitation, the limitations set forth in Section §2.1 and the requirements that the applicable provisions of Section §11 (in the case of Swing Line Loans made on the Closing Date) and Section §12 be satisfied. All actions taken by the Swing Line Lender Administrative Agent pursuant to the provisions of this Section §2.6.2 shall be conclusive and binding on the Borrower and the Lenders absent the Swing Line Lender's Administrative Agent’s gross negligence or willful misconduct. Loans made pursuant to this §2.6.2 shall be Base Rate Loans until converted in accordance with the provisions of the Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Administrative Agent.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 subsections 2.1A and 2.1C but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the Lenders, make Revolving Credit Prime Rate Loans (each a "SWING LINE LOAN"“Swing Line Loans”) to Company (a) by entry of credits to Company’s operating account maintained with Xxxxx Fargo as of the Borrower Closing Date or such other account established by Agent and designated the operating account (the “Operating Account”) with Xxxxx Fargo to cover checks or other charges which Company has drawn or made against such account or (b) in an amount as otherwise requested by Company; provided that the Borrower PROVIDED, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 advanced hereunder shall not exceed $10,000,000 5,000,000 at any one time. The Borrower Company hereby requests and authorizes the Swing Line Lender to make from time to time such Swing Line Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower Company acknowledges and agrees that the making of such Swing Line Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Loans covered by a Loan Request Notice of Borrowing including, without limitation, the limitations set forth in Section 2.1 subsection 2.1A and the requirements that the applicable provisions of Section 11 subsection 3.1 (in the case of Swing Line Loans made on the Closing Date) and Section 12 subsection 3.2 be satisfied. All actions taken by the Swing Line Lender pursuant to the provisions of this Section 2.6.2 shall subsection 2.1F shall, in the absence of manifest or demonstrable error, be conclusive and binding on the Borrower Company and the Lenders absent the Swing Line Lender's ’s gross negligence or willful misconduct. Loans made pursuant to this subsection 2.1F shall be Prime Rate Loans until converted in accordance with the provisions of this Agreement and, prior to a Settlement, such interest shall be for the account of Agent.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the LendersBanks, make Revolving Credit Loans (each a "SWING LINE LOAN") to the Borrower (i) by entry of credits to the Borrower's operating account maintained with BKB (the "Operating Account") with the Agent to cover checks or other charges which the Borrower has drawn or made against such account or (ii) in an amount as otherwise requested by the Borrower PROVIDEDBorrower; provided, however that (a) each such Swing Line Loan shall be in a minimum the aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans advances made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 15,000,000 at any one timetime outstanding. The Borrower hereby requests and authorizes the Swing Line Lender Agent to make from time to time such Swing Line Revolving Credit Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges and agrees that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 12 (in the case of Swing Line Revolving Credit Loans made on the Closing Date) and Section 12 13 be satisfied. All actions taken by the Swing Line Lender Agent pursuant to the provisions of this Section 2.6.2 shall be conclusive and binding on the Borrower and the Lenders Banks absent the Swing Line LenderAgent's gross negligence or willful misconduct. Revolving Credit Loans made pursuant to this Section 2.6.2 shall be Base Rate Loans until converted in accordance with the provisions of the Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Agent.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 2.9.1 but otherwise in accordance with the terms and conditions of this Credit AgreementAgreement (except with respect to Protective OverAdvances), the Swing Line Lender Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the Lenders, make Revolving Credit Loans (each a "SWING LINE LOAN") to the Borrower Borrowers (a) by entry of credits to the Borrowers’ operating account or such other account (the “OPERATING ACCOUNT”) with the Agent to cover checks or other charges which the Borrowers have drawn or made against such account, (b) in an amount as otherwise requested by the Borrower PROVIDED, that Borrowers or (ac) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one timeas Protective OverAdvances. The Borrower Borrowers hereby requests request and authorizes authorize the Swing Line Lender Agent to make from time to time such Swing Line Revolving Credit Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges Borrowers acknowledge and agrees agree that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 (in the case of Swing Line Revolving Credit Loans made on the Closing Date) and Section 12 be satisfiedsatisfied (except in the case of Protective OverAdvances). All actions taken by the Swing Line Lender Agent pursuant to the provisions of this Section 2.6.2 2.9.2 shall be conclusive and binding on the Borrower Borrowers and the Revolving Credit Lenders absent the Swing Line Lender's Agent’s gross negligence or willful misconduct. Revolving Credit Loans made pursuant to this Section 2.9.2 shall be Base Rate Loans until converted in accordance with the provisions of this Agreement and, prior to a Settlement, such interest shall be for the account of the Agent.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 sec.2.6.1, but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the LendersBanks, make Revolving Credit Loans to the Borrower (each a a) by entry of credits to the Borrower's operating account with the Agent (the "SWING LINE LOANOperating Account") to cover checks or other charges which the Borrower has drawn or made against such account or (b) in an amount as otherwise requested by the Borrower PROVIDED, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one timeBorrower. The Borrower hereby requests and authorizes the Swing Line Lender Agent to make from time to time such Swing Line Revolving Credit Loans as may be so requestedby means of appropriate entries of such credits sufficient to cover checks and other charges then presented. The Borrower acknowledges and agrees that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 sec.2.1 and the requirements that the applicable provisions of Section 11 (sec.sec.12 and 13, in the case of Swing Line Revolving Credit Loans made on the Closing Date) , and Section 12 sec.13, in the case of all Revolving Credit Loans, be satisfied. All actions taken by the Swing Line Lender Agent pursuant to the provisions of this Section 2.6.2 sec.2.6.2 shall be conclusive and binding on the Borrower and the Lenders absent the Swing Line LenderAgent's gross negligence or willful misconduct. Prior to a Settlement, interest payable on such Revolving Credit Loans shall be for the account of the Agent and payment of principal on such Revolving Credit Loans shall be for the account of BKB.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 and the provisions of 2.8.1, but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Administrative Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the Lenders, make up to $10,000,000 of Revolving Credit Loans to the Borrower (each a a) by entry of credits to the Borrower's operating account with the Administrative Agent (the "SWING LINE LOANOperating Account") to cover checks or other charges which the Borrower has drawn or made against such account or (b) in an amount as otherwise requested by the Borrower PROVIDED, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one timeBorrower. The Borrower hereby requests and authorizes the Swing Line Lender Administrative Agent to make from time to time such Swing Line Revolving Credit Loans as may be so requestedby means of appropriate entries of such credits sufficient to cover checks and other charges then presented. The Borrower acknowledges and agrees that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 (and 12, in the case of Swing Line Revolving Credit Loans made on the Closing Date) , and Section 12 12, in the case of all Revolving Credit Loans, be satisfied. All actions taken by the Swing Line Lender Administrative Agent pursuant to the provisions of this Section 2.6.2 shall be conclusive and binding on the Borrower and the Lenders absent the Swing Line LenderAdministrative Agent's gross negligence or willful misconduct. Prior to a Settlement, interest payable on such Revolving Credit Loans shall be for the account of the Administrative Agent and payment of principal on such Revolving Credit Loans shall be for the account of BBRF. 2.6.3.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Administrative Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the LendersBanks, upon a request made to the Administrative Agent no later than 11:00 a.m. (Boston time) on the date of the proposed borrowing pursuant to this Section 2.6.2, by telephone (confirmed immediately in writing), telex or telecopier, make Revolving Credit Loans to the Borrower (each a i) by entry of credits to the Borrower's operating account with the Administrative Agent (the "SWING LINE LOANOperating Account") to cover checks or other charges which the Borrower has drawn or made against such account or (ii) in an amount as otherwise requested by the Borrower PROVIDED, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one timeBorrower. The Borrower hereby requests and authorizes the Swing Line Lender Administrative Agent to make from time to time such Swing Line Revolving Credit Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges and agrees that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 13.1 (in the case of Swing Line Revolving Credit Loans made on the Initial Closing Date) Section 13.2 (in the case of Revolving Credit Loans made on the 47 -00- Xxxxxx Xxxxxxx Xxxe) and Section 12 14 be satisfied, and that Revolving Credit Loans outstanding prior to a Settlement under this Section 2.6.2 shall not exceed $10,000,000 in the aggregate at any time. All actions taken by the Swing Line Lender Administrative Agent pursuant to the provisions of this Section 2.6.2 shall be conclusive and binding on the Borrower and the Lenders Banks absent the Swing Line LenderAdministrative Agent's gross negligence or willful misconduct. Revolving Credit Loans made pursuant to this Section 2.6.2 shall be Prime Rate Loans until converted in accordance with the provisions of the Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Administrative Agent.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 ss.2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Administrative Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the Lenders, make Revolving Credit Loans to the Borrower (a) by entry of credits to the Borrower's operating account (No. 51191331) (the "Operating Account") with the Cash Managxxxxx Xxnk to cover checks or other charges which the Borrower has drawn or made against such account or (b) in an amount as otherwise requested by the Borrower; provided that the maximum outstanding amount of advances made by the Administrative Agent pursuant to this ss.2.6.2 (each a "SWING LINE LOANSwing Line Loan") to the Borrower in an amount requested by the Borrower PROVIDEDshall not, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereofat any time, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one time5,000,000. The Borrower hereby requests and authorizes the Swing Line Lender Administrative Agent to make from time to time such the Swing Line Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges and agrees that the making of such the Swing Line Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 ss.2.1 and the requirements that the applicable provisions of Section 11 ss.10 (in the case of Swing Line Loans made on the Closing Date) and Section 12 ss.11 be satisfied. All actions taken by the Swing Line Lender Loans made pursuant to this ss.2.6.2 shall be Base Rate Loans until converted in accordance with the provisions of this Section 2.6.2 Credit Agreement and, prior to a Settlement, such interest shall be conclusive and binding on for the Borrower and account of the Lenders absent the Swing Line Lender's gross negligence or willful misconductAdministrative Agent.

Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Agent may, at the Borrower's request and in the Swing Line Lender's its sole discretion and without conferring with the LendersBanks, make Revolving Credit Loans (each a "SWING LINE LOAN") to the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts borrowed under this Section 2.6.2) at any one time equal to $30,000,000 (i) by entry of credits to the Borrower's Operating Account with the Agent to cover checks or other charges which the Borrower has drawn or made against such account or (ii) in an amount as otherwise requested by the Borrower PROVIDED, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $10,000,000 at any one timeBorrower. The Borrower hereby requests and authorizes the Swing Line Lender Agent to make from time to time such Swing Line Revolving Credit Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges and agrees that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 (in the case of Swing Line Revolving Credit Loans made on the Closing Effective Date) and Section 12 be satisfied. All actions taken by the Swing Line Lender Agent pursuant to the provisions of this Section 2.6.2 shall be conclusive and binding on the Borrower and the Lenders Banks absent the Swing Line LenderAgent's gross negligence or willful misconduct. Revolving Credit Loans made pursuant to this Section 2.6.2 shall be Base Rate Loans until converted in accordance with the provisions of this Agreement and, prior to a Settlement, such interest shall be for the account of the Agent. The Banks shall pay the Agent their pro rata share of Revolving Credit Loans made pursuant to this Section 2.6.2 pursuant to the Settlement provisions of Section 2.8.3.