Common use of Swing Loan Refunding Clause in Contracts

Swing Loan Refunding. The Swing Line Lender may at any time, in its sole and absolute discretion, direct that the Swing Loans owing to it be refunded by delivering a notice to such effect to the Administrative Agent, specifying the aggregate principal amount thereof (a “Notice of Swing Loan Refunding”). Promptly upon receipt of a Notice of Swing Loan Refunding, the Administrative Agent shall give notice of the contents thereof to the Revolving Lenders and, unless an Event of Default specified in Section 7.01(h) or (i) in respect of the Borrower has occurred, the Borrower. Each such Notice of Swing Loan Refunding shall be deemed to constitute delivery by the Borrower of a Borrowing Request requesting Revolving Loans consisting of ABR Loans in the amount of the Swing Loans to which it relates notwithstanding (i) that the Notice of Swing Loan Refunding may not comply with the requirements specified in Section 2.03, (ii) whether any conditions specified in Section 4.02 are then satisfied, (iii) whether a Default or an Event of Default has occurred and is continuing, (iv) the date of such Notice of Swing Loan Refunding or (v) any reduction in the total Revolving Commitments after any such Swing Loans were made. Each Revolving Lender (including the Swing Line Lender in

Swing Loan Refunding. The Swing Line Swingline Lender may at any time, in its sole and absolute discretion, direct that the Swing Loans owing to it be refunded by delivering a notice to such effect to the Administrative Agent, specifying the aggregate principal amount thereof (a “Notice of Swing Loan Refunding”). Promptly upon receipt of a Notice of Swing Loan Refunding, the Administrative Agent shall give notice of the contents thereof to the Revolving Lenders and, unless an Event of Default specified in Section 7.01(h) or (i) in respect of the Borrower has occurred, and the Borrower. Each such Notice of Swing Loan Refunding shall be deemed to constitute delivery by the Borrower of a Notice of Borrowing Request requesting Revolving Loans consisting of ABR Base Rate Loans in the amount of the Swing Loans to which it relates relates. The Lenders (including the Swingline Lender) hereby unconditionally agree (notwithstanding (i) that any of the Notice of Swing Loan Refunding may not comply with the requirements specified in Section 2.03, (ii) whether any conditions specified in Section 4.02 are then or elsewhere in this Agreement shall not have been satisfied, but subject to the provisions of subsection (iiid) whether below) to make a Default or an Event of Default has occurred and is continuing, (iv) Revolving Loan to the date of Borrower in the amount the Swing Loans to which such Notice of Swing Loan Refunding or (v) any reduction in relates. The proceeds of such Revolving Loans shall be made immediately available to the total Revolving Commitments after any such Swingline Lender and applied by it to repay the principal amount of the Swing Loans were made. Each Revolving Lender (including the to which such Notice of Swing Line Lender inLoan Refunding relates.

Swing Loan Refunding. The Swing Line Swingline Lender may at any time, in its sole and absolute discretion, direct that the Swing Loans owing to it be refunded by delivering a notice to such effect to the Administrative Agent, specifying the aggregate principal amount thereof (a “Notice of Swing Loan Refunding”). Promptly upon receipt of a Notice of Swing Loan Refunding, the Administrative Agent shall give notice of the contents thereof to the Revolving Lenders and, unless an Event of Default specified in Section 7.01(h) or (i) in respect of the Borrower has occurred, and the Borrower. Each such Notice of Swing Loan Refunding shall be deemed to constitute delivery by the Borrower of a Notice of Borrowing Request requesting Revolving Loans consisting of ABR Base Rate Loans in the amount of the Swing Loans to which it relates relates. The Lenders (including the Swingline Lender) hereby unconditionally agree (notwithstanding (i) that any of the Notice of Swing Loan Refunding may not comply with the requirements specified in Section 2.03, (ii) whether any conditions specified in Section 4.02 are then or elsewhere in this Agreement shall not have been satisfied, but subject to the provisions of paragraph (iiid) whether below) to make a Default or an Event of Default has occurred and is continuing, (iv) Revolving Loan to the date of Borrower in the amount the Swing Loans to which such Notice of Swing Loan Refunding or (v) any reduction in relates. The proceeds of such Revolving Loans shall be made immediately available to the total Revolving Commitments after any such Swingline Lender and applied by it to repay the principal amount of the Swing Loans were made. Each Revolving Lender (including the to which such Notice of Swing Line Lender inLoan Refunding relates.