Swingline. A portion of Facility A in the maximum amount of the Swingline Limit (the "Swingline") shall be subject to the following terms and conditions, in addition to any other applicable terms and conditions contained in this Agreement:
Swingline. Subject to the terms of this Agreement, the Swingline Lenders make available to the Borrowers a U.S. Dollar swingline loan facility in an aggregate amount equal to the Total Swingline Commitments.
Swingline. (a) (i) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans in Dollars under the Commitments to the Borrower or any Borrowing Subsidiary from time to time on any Business Day during the Availability Period in an aggregate principal amount at any time outstanding that will not result in (A) the aggregate principal amount of outstanding Swingline Loans exceeding $10,000,000 or (B) the total Revolving Credit Exposures exceeding the total Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company or any Borrowing Subsidiary may borrow, prepay and reborrow Swingline Loans. Swingline Loans shall be in an aggregate amount that is not less than $100,000. Swingline Loans shall be ABR Loans; provided that so long as the Lenders have not been required to purchase participations in a Swingline Loan pursuant to Section 2.21(d), a Swingline Loan may have such other terms (including the applicable interest rate and basis for calculating interest, repayment terms, prepayment indemnities and increased cost provisions) as may be agreed to by the Company and the Swingline Lender (it being understood that the Swingline Lender shall have no obligation to agree to any such terms or to make any Swingline Loans that are not ABR Loans).
Swingline. (a) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding $10,000,000.00 or (ii) the sum of the total Revolving Credit Exposures exceeding the total Maximum Loan Available Amount; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans.
Swingline. Subject to the terms of this Agreement, the Swingline Lenders make available to the Borrowers a swingline loan facility comprising:
Swingline. On the terms and subject to the conditions set forth herein, the Swingline Lender agrees that it may, from time to time to, but not including, the Termination Date, agree to make Warehouse Advances, Construction Advances, Repurchased Advances, and Foreclosure Advances requested by the Company in an aggregate outstanding amount not to exceed FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00). Such Swingline Advances shall be in an amount equal to the amount of the Advance requested by the Company less any payments applied to reduce outstanding Advances on the date of such Swingline Advance. A Swingline Advance may be made as a Warehouse Advance, a Repurchased Advance, and a Foreclosure Advance, and shall bear interest, from the date of such Swingline Advance until paid in full, at the Applicable Rate applicable to that type of Advance. Swingline Advances shall be evidenced by a Swingline Note. The Lenders (including Bank United) hereby agree to purchase from the Swingline Lender an undivided participation interest in all outstanding Swingline Advances held by the Swingline Lender at any time in an amount equal to each Lender's Commitment Percentage of such Swingline Advances. The Swingline Lender may at any time in its sole and absolute discretion (and shall no less frequently than weekly) request the Lenders to fund their Commitment Percentage in the aggregate amount necessary to repay the outstanding Swingline Advances and each Lender absolutely and unconditionally agrees to fund such Lender's Commitment Percentage of such Swingline Advances, regardless of any Default or Event of Default or other condition which would otherwise excuse such Lender from funding its Commitment Percentage of such Swingline Advances, provided that no Lender shall be required to make Advances to repay Swingline Advances which would cause such Lender's portion of all Advances then outstanding to exceed such Lender's Commitment Amount, in each case at the time the Lender funds its Commitment Percentage of such Swingline Advances; and provided further, that a Lender shall not be obligated to make Advances to repay Swingline Advances unless (A) the Swingline Lender believed in good faith that all conditions to making the subject Swingline Advance were satisfied at the time such Swingline Advance was made, or (B) such Lender had actual knowledge, by receipt of the statements furnished to it pursuant to Section 6.2 hereof or otherwise, that any such condition had not been satisfied and ...
Swingline. Each Swingline Advance shall be in the minimum --------- amount of One Hundred Thousand Dollars ($100,000) (and in multiples of One Hundred Thousand Dollars ($100,000) if in excess thereof).
Swingline. (a) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding $50,000,000.00, (ii) the aggregate Revolving Credit Exposure of the Lenders exceeding the aggregate Revolving Commitments of the Revolving Lenders, or (iii) the aggregate Revolving Credit Exposure of the Revolving Lenders exceeding (a) the total Maximum Loan Available Amount less (b) the outstanding balance of the Term Loan, and in all events no Swingline Loan shall be outstanding for more than ten (10) Business Days; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans.
Swingline. (a) Subject to the terms and conditions set forth herein, the Swingline Bank agrees to make Swingline Loans to the Borrower in Dollars from time to time on any Business Day during the period commencing at the beginning of the Revolving Credit Period and ending on the tenth Business Day preceding the last day of the Revolving Credit Period in an aggregate outstanding principal amount at any time that will not result in the Swingline Exposure exceeding the Swingline Commitment or the aggregate Credit Exposure exceeding the total Commitments. Notwithstanding the foregoing, the Swingline Bank shall not be required to make a Swingline Loan if (i) any Bank shall be in default of its obligations under this Agreement or (ii) any Bank shall have notified the Swingline Bank and the Borrower in writing at least one Business Day prior to the date of Borrowing with respect to such Swingline Loan, that the conditions set forth in Section 3.2 have not been satisfied and such conditions remain unsatisfied as of the requested time of the making of such Swingline Loan. Each Swingline Loan shall be due and payable on the maturity thereof, provided that in no event shall such maturity be later than the fifth Business Day preceding the Maturity Date.
Swingline. (a) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding $25,000,000.00, or (ii) the aggregate Credit Exposure of the Lenders exceeding the lesser of (A) theTotal Commitment and (B) the Availability, and in all events no Swingline Loan shall be outstanding for more than ten (10) Business Days; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans during the Availability Period.
