Common use of Swing Loans Clause in Contracts

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made in U.S. Dollars and shall be Base Rate Loans; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Facility Exposure would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing Amount; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability PeriodPeriod up to but not including the Revolving Facility Termination Date, the Swing Line Lender agreesmay, at its option, cancellable at any time for any reason whatsoever, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower Company from time to time, which Swing Loans: Loans (i) shall be payable on demand, and if not demanded earlier, demand shall be deemed to be made on the Swing Loan Maturity Date applicable to each such Swing LoanRevolving Facility Termination Date; (ii) [reserved]; (iii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iiiiv) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (ivv) may only be made if after giving effect thereto thereto: (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and or (B) the Aggregate Credit Revolving Facility Exposure would not exceed (x) the Total Revolving Commitment or Commitment; and (y) the Maximum Borrowing Amount; (vvi) shall not be made if, after giving effect thereto, the any Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan2.16(c).

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: Loans (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the sum of (1) the Aggregate Credit Revolving Facility Exposure Exposure, (2) the outstanding principal amount of Swing Loans, and (3) the outstanding principal amount of Competitive Bid Loans, would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c) hereof2.13(b); and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: Loans (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit sum of (1) the Revolving Facility Exposure would of any Lender and (2) the Swing Line Exposure of such Lender, does not exceed such Lender’s Revolving Commitment and (xC) the sum of (1) the Aggregate Revolving Facility Exposure and (2) the outstanding principal amount of Swing Loans, would exceed the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c) hereof2.13(b); and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: Loans (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c2.13(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agreesmay in its sole discretion, upon the request of the Borrower and on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Cash Collateralize Letters of Credit pursuant to Section 2.05(c‎Section 2.13(c)(ii) or ‎(iii) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing LoanLoan and (vii) at no time shall there be more than three Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: Loans (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c) 2.12 hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agreesmay, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Cash Collateralize Letters of Credit pursuant to Section 2.05(c2.13(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing LoanLoan and (vii) at no time shall there be more than three Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During the applicable Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made in U.S. Dollars and shall be Base Rate Loans; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Facility Exposure would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing Amount; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: Loans (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c5.1(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan; and (vii) at no time shall there be more than five (5) Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c2.13(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: Loans (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c2.13(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Cash Collateralize Letters of Credit pursuant to Section 2.05(c2.13(c)(ii) or (iii) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing LoanLoan and (vii) at no time shall there be more than three (3) Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agreesmay, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Cash Collateralize Letters of Credit pursuant to Section 2.05(c2.13(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing LoanLoan and (vii) at no time shall there be more than three (3) Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During the Availability Period for the Revolving Facility Availability PeriodCredit Facility, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Lead Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Consolidated Revolving Credit Facility Exposure Outstandings plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCredit Facility; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Cash Collateralize Letters of Credit pursuant to Section 2.05(c2.03(g) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing LoanLoan and (vii) at no time shall there be more than three Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this AgreementAgreement and the Sweep Documentation, to make a Swing Loan or Swing Loans to the Borrower Borrowers from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower Borrowers would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c2.13(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan. To the extent the terms of this Agreement and the Sweep Documentation conflict, the terms of this Agreement shall control.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Cash Collateralize Letters of Credit pursuant to Section 2.05(c2.12(b) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing LoanLoan and (vii) at no time shall there be more than four (4) Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; and (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c2.12(b) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving A Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this AgreementAgreement and the Sweep Documentation, to make a Swing Loan or Swing Loans to the Borrower Borrowers from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving A Facility Exposure plus the principal amount of Swing Loans would not exceed the lesser of (x1) the Borrowing Base and (2) the Total Revolving Commitment or (y) the Maximum Borrowing AmountA Commitment; (v) shall not be made if, after giving effect thereto, the Borrower Borrowers would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c2.13(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan. To the extent the terms of this Agreement and the Sweep Documentation conflict, the terms of this Agreement shall control.”

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower Borrowers from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the aggregate outstanding principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; and (v) shall not be made if, after giving effect thereto, the Borrower Borrowers would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c2.13(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving A Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this AgreementAgreement and the Sweep Documentation, to make a Swing Loan or Swing Loans to the Borrower Borrowers from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving A Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountA Commitment; (v) shall not be made if, after giving effect thereto, the Borrower Borrowers would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c2.13(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan. To the extent the terms of this Agreement and the Sweep Documentation conflict, the terms of this Agreement shall control.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the a Borrower from time to time, which Swing Loans: Loans (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower Borrowers would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c2.13(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agreesshallmay in its sole discretion, upon the request of the Borrower and on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Cash Collateralize Letters of Credit pursuant to Section 2.05(c‎Section 2.13(c)(ii) or ‎(iii) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing LoanLoan and (vii) at no time shall there be more than three Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Cash Collateralize Letters of Credit pursuant to Section 2.05(c2.12(b) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing LoanLoan and (vii) at no time shall there be more than three (3) Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the each Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made in U.S. Dollars and shall be Base Rate Loans; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower Borrowers would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agreesshall, upon the request of the Borrower and on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Cash Collateralize Letters of Credit pursuant to Section 2.05(c2.13(c)(ii) or (iii) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing LoanLoan and (vii) at no time shall there be more than three Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Swingline Lender agreesmay, in its sole discretion, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall shall, together with all accrued interest thereon, be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate 40 Amended and Restated Revolving Asset Based Loan Agreement principal amount of Swing Loans outstanding does would not exceed the Swing Line CommitmentSwingline Limit, and (B) the Aggregate aggregate principal amount of all Credit Facility Exposure Extensions outstanding would not exceed the Borrowing Base (x) after giving effect to the Total Revolving Commitment addition to and/or removal of the respective Aggregate Value of any Eligible Railcars to be added to or (y) removed from the Maximum Borrowing AmountPortfolio on such Funding Date); (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c) hereofLoans; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan; and (vii) at no time shall there be more than five Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower Borrowers from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower Borrowers would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c2.13(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing LoanLoan and (vii) at no time shall there be more than five Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During Prior to the termination of the Revolving Facility Availability PeriodCredit Commitments, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made in U.S. Dollars and shall be Base Rate ABR Loans; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Revolving Credit Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCredit Commitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Cash Collateralize Letters of Credit pursuant to Section 2.05(c2.23(k) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall may be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan; (vi) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or Cash Collateralize Letters of Credit pursuant to ‎Section 2.13(c) hereof; and (vii) at no time shall there be more than one Borrowing of Swing Loans outstanding hereunder.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: Loans (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing LoanRevolving Facility Termination Date; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the sum of (1) the Aggregate Credit Revolving Facility Exposure Exposure, and (2) the outstanding principal amount of Swing Loans, would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required on the date of such Borrowing to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c) hereof2.13(b); and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the each Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made in U.S. Dollars and shall be Base Rate Loans; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower Borrowers would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c2.15(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: Loans (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c) hereof2.13(b); and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Cash Collateralize Letters of Credit pursuant to Section 2.05(c2.12(b) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing LoanLoan and (vii) at no time shall there be more than three Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agreesmay, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure plus the principal amount of Swing Loans would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Cash Collateralize Letters of Credit pursuant to Section 2.05(c2.13(c)(ii) or (iii) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing LoanLoan and (vii) at no time shall there be more than three Borrowings of Swing Loans outstanding hereunder.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Lender agrees, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall may be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does not exceed the Swing Line Commitment, and (B) the Aggregate Credit Revolving Facility Exposure would not exceed (x) the Total Revolving Commitment or (y) the Maximum Borrowing AmountCommitment; (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c) hereof; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan; (vi) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or Cash Collateralize Letters of Credit pursuant to Section 2.13(c) hereof; and (vii) at no time shall there be more than one Borrowing of Swing Loans outstanding hereunder.

Swing Loans. During the Revolving Facility Availability Period, the Swing Line Swingline Lender agreesmay, in its sole discretion, on the terms and conditions set forth in this Agreement, to make a Swing Loan or Swing Loans to the Borrower from time to time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in U.S. Dollars and shall be Base Rate LoansDollars; (iii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (iv) may only be made if after giving effect thereto (A) the aggregate principal amount of Swing Loans outstanding does would not exceed the Swing Line Swingline Commitment, and (B) the Aggregate aggregate principal amount of all Credit Facility Exposure Extensions outstanding would not exceed the Borrowing Base (x) after giving effect to the Total Revolving Commitment addition to and/or removal of the respective Aggregate Value of any Eligible Railcars to be added to or (y) removed from the Maximum Borrowing AmountPortfolio on such Funding Date); (v) shall not be made if, after giving effect thereto, the Borrower would be required to prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(c) hereofLoans; and (vi) shall not be made if the proceeds thereof would be used to repay, in whole or in part, any outstanding Swing Loan; and (vii) at no time shall there be more than five Borrowings of Swing Loans outstanding hereunder.