Common use of Swingline Commitment Clause in Contracts

Swingline Commitment. Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans to Borrower from time to time on any Business Day during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of Swingline Loans, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (ii) the sum of the total Revolving Exposures exceeding the total Revolving Commitments or (iii) the Revolving Exposure for all Lenders exceeding the Borrowing Base; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance, in whole or in part, an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, Borrower may borrow, repay and reborrow Swingline Loans.

Swingline Commitment. Subject to the terms and conditions set forth herein, the Swingline Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.17 and in its discretion, to make Swingline Loans in dollars to Borrower the Borrowers from time to time on any Business Day during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of Swingline Loans, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding 10% of the Swingline Commitment, Revolving Commitments; or (ii) the sum of the total Revolving Exposures exceeding the lesser of (A) the total Revolving Commitments or and (iiiB) the Revolving Exposure for all Lenders exceeding the Aggregate Borrowing Base; provided that the Swingline Lender Borrowers shall not be required to make a use the proceeds of any Swingline Loan to refinance, in whole or in part, refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, Borrower the Borrowers may borrow, repay and reborrow Swingline Loans.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, the Swingline Lender Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Company in U.S. Dollars to the Company (each a "Swingline Loans to Borrower Loan" and, collectively, the "Swingline Loans") from time to time on any Business Day during the Revolving Availability PeriodCommitment Period for the purposes hereinafter set forth; provided, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of Swingline Loanshowever, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding outstanding at any time shall not exceed FIFTY MILLION DOLLARS ($50,000,000) (the "Swingline CommitmentCommitted Amount"), and (ii) the aggregate Dollar Amount with respect to principal of outstanding U.S. Revolving Loans plus outstanding Multicurrency Revolving Loans plus outstanding Swingline Loans plus all LOC Obligations shall not exceed the sum of the total U.S. Revolving Exposures exceeding Committed Amount plus the total Multicurrency Revolving Commitments or (iii) Committed Amount. Swingline Loans hereunder shall be made as ABR Loans in accordance with the Revolving Exposure for all Lenders exceeding provisions of this subsection 2.15, and may be repaid and reborrowed in accordance with the Borrowing Base; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance, in whole or in part, an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, Borrower may borrow, repay and reborrow Swingline Loansprovisions hereof.

Swingline Commitment. Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans to Borrower the Borrowers, from time to time on any Business Day during from the Revolving Availability PeriodClosing Date to the Swingline Termination Date, in an aggregate principal amount outstanding at any time outstanding that will not result in (and upon each such Borrowing to exceed the lesser of Swingline Loans, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, Commitment then in effect and (ii) the sum of difference between the total Revolving Exposures exceeding the total Aggregate Revolving Commitments or (iii) and the aggregate Revolving Exposure for Credit Exposures of all Lenders exceeding the Borrowing BaseRevolving Credit Lenders; provided provided, that the Swingline Lender shall not be required to make a Swingline Loan to refinance, in whole or in part, refinance an outstanding Swingline Loan; and further provided, that no Swingline Loan will be disbursed by the Swingline Lender if, after such disbursement the aggregate Borrowing Base Obligations outstanding would exceed the Borrowing Base then in effect. Within the foregoing limits and subject The Borrowers shall be entitled to the terms and conditions set forth herein, Borrower may borrow, repay and reborrow Swingline LoansLoans in accordance with the terms and conditions of this Agreement.

Swingline Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof, each Swingline Lender, in its individual capacity, agrees to, in reliance upon the agreements of the other Lenders set forth hereinin this Section, make certain revolving credit loans to the Company (each a “Swingline Loan” and, collectively, the Swingline Lender agrees to make Swingline Loans to Borrower from time to time on any Business Day during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of “Swingline Loans”) for the purposes hereinafter set forth; provided, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) however, (i) the aggregate principal amount of outstanding Swingline Loans exceeding outstanding at any time shall not exceed THIRTY MILLION DOLLARS ($30,000,000) (the “Swingline CommitmentCommitted Amount”), (ii) the sum of the total aggregate principal amount of outstanding Revolving Exposures exceeding Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed the total Revolving Commitments or Committed Amount then in effect, and (iii) the Revolving Exposure for all Lenders exceeding sum of the Borrowing Base; provided that aggregate principal amount of a Swingline Lender’s outstanding Swingline Loans shall not exceed such Swingline Lender’s respective share of the Swingline Lender shall not Committed Amount according to such Swingline Lender’s Swingline Commitment Percentage. Swingline Loans hereunder may be required to make a Swingline Loan to refinance, repaid and reborrowed in whole or in part, an outstanding Swingline Loan. Within accordance with the foregoing limits and subject to the terms and conditions set forth herein, Borrower may borrow, repay and reborrow Swingline Loansprovisions hereof.

Swingline Commitment. Subject to the terms and conditions set forth herein, the Swingline Lender agrees to may, but shall not be obligated to, make Swingline Loans to Borrower from time to time on any Business Day during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of Swingline Loans, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, or (ii) the sum of the total Total Revolving Exposures Exposure exceeding the total Revolving Commitments or lesser of (iiiA) the Borrowing Base and (B) the Total Revolving Exposure for all Lenders exceeding the Borrowing BaseCommitments; provided provided, that the Swingline Lender shall not be required to make a Swingline Loan to refinance, in whole or in part, an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, Borrower may borrow, repay and reborrow Swingline Loans.

Swingline Commitment. Subject to the terms and conditions set forth herein, the Swingline Lender agrees may, in reliance upon the agreements of the other Revolving Lenders set forth in this Section 2.5 and in its sole discretion, make certain revolving credit loans to make the Borrowers (each a “Swingline Loans to Borrower Loan” and, collectively, the “Swingline Loans”) at any time and from time to time on any Business Day time, during the Revolving Availability Periodperiod from the Effective Date until the Termination Date for the purposes hereinafter set forth (provided, that, all Swingline Loans made prior to the Effective Time (as defined in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of Swingline Loans, Borrower the Merger Agreement) shall be deemed made to represent and warrant that such Borrowing will not result in) Speedway Funding); provided, however, (i) the aggregate principal amount of outstanding Swingline Loans exceeding outstanding at any time shall not exceed the Swingline CommitmentSublimit, (ii) the sum of the total aggregate principal amount of Revolving Exposures exceeding Obligations outstanding at any time shall not exceed the total Revolving Commitments or Committed Amount and (iii) the Revolving Exposure for aggregate amount of all Lenders exceeding the Borrowing Base; provided that Swingline Loans outstanding shall not exceed the Swingline Lender Commitment of the Swingline Lender. Swingline Loans hereunder shall not be required to make a Swingline Loan to refinancemade as Base Rate Loans in accordance with the provisions of this Section 2.5, and may be repaid and reborrowed in whole or in part, an outstanding Swingline Loan. Within accordance with the foregoing limits and subject to the terms and conditions set forth herein, Borrower may borrow, repay and reborrow Swingline Loansprovisions hereof.

Swingline Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof, each Swingline Lender, in its individual capacity, agrees to, in reliance upon the agreements of the other Revolving Lenders set forth hereinin this Section, make certain revolving credit loans to the Company (each a “Swingline Loan” and, collectively, the Swingline Lender agrees to make Swingline Loans to Borrower from time to time on any Business Day during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of “Swingline Loans”) for the purposes hereinafter set forth; provided, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) however, (i) the aggregate principal amount of outstanding Swingline Loans exceeding outstanding at any time shall not exceed THIRTY MILLION DOLLARS ($30,000,000) (the “Swingline CommitmentCommitted Amount”), (ii) the sum of the total aggregate principal amount of outstanding Revolving Exposures exceeding Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed the total Revolving Commitments or Committed Amount then in effect, and (iii) the Revolving Exposure for all Lenders exceeding sum of the Borrowing Base; provided that aggregate principal amount of a Swingline Lender’s outstanding Swingline Loans shall not exceed such Swingline Lender’s respective share of the Swingline Lender shall not Committed Amount according to such Swingline Lender’s Swingline Commitment Percentage. Swingline Loans hereunder may be required to make a Swingline Loan to refinance, repaid and reborrowed in whole or in part, an outstanding Swingline Loan. Within accordance with the foregoing limits and subject to the terms and conditions set forth herein, Borrower may borrow, repay and reborrow Swingline Loansprovisions hereof.

Swingline Commitment. Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans to Borrower the Borrowers (on a joint and several basis) from time to time on any Business Day after the Closing Date and during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of Swingline Loans, each Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, or (ii) the sum of the total Total Revolving Exposures Exposure exceeding the total Revolving Commitments or (iii) the Revolving Exposure for all Lenders exceeding the Borrowing BaseTotal Availability at such time; provided that the Swingline Lender shall not be required to make a provided, that, no Swingline Loan shall be made to refinance, in whole or in part, an any outstanding Swingline LoanLoans. Within the foregoing limits and subject to the terms and conditions set forth herein, Borrower the Borrowers may borrow, repay and reborrow Swingline Loans. The Swingline Lender may, at its sole election and option, upon 3 Business Days advance notice to Administrative Borrower, cancel its obligation to make Swingline Loans.

Swingline Commitment. Subject During the Commitment Period, subject to the terms and conditions set forth hereinhereof, the Swingline Lender Lender, in its individual capacity, agrees to make certain revolving credit loans to the Borrowers (each a “Swingline Loans to Borrower Loan” and, collectively, the “Swingline Loans”) from time to time on any Business Day during for the Revolving Availability Periodpurposes hereinafter set forth; provided, in an however, (i) the aggregate principal amount of Swingline Loans outstanding at any time outstanding that will shall not result in exceed TWENTY-FIVE MILLION DOLLARS (and upon each such Borrowing of Swingline Loans, Borrower shall be deemed to represent and warrant that such Borrowing will not result in$25,000,000) (ithe “Swingline Committed Amount”), (ii) the aggregate principal amount of outstanding Revolving Loans and Swingline Loans exceeding made to the Swingline CommitmentCompany plus the outstanding Company LOC Obligations shall not exceed $150,000,000 at any time outstanding, (iiiii) the sum of the total aggregate amount of outstanding Revolving Exposures exceeding Loans plus Swingline Loans plus LOC Obligations shall not exceed the total Revolving Commitments or lesser of (iiiA) the Revolving Exposure for all Lenders exceeding Committed Amount and (B) the Borrowing Base; provided that Base and (iv) no Swingline Loans shall be made if there is more than $110,000,000 of unrestricted cash and Cash Equivalents in the aggregate on the consolidated balance sheet of the Company and its Subsidiaries. Swingline Lender shall not be required to make a Loans hereunder may consist of Alternate Base Rate Loans or Quoted Rate Swingline Loan to refinanceLoans, in whole or in part, an outstanding Swingline Loan. Within as the foregoing limits and subject to the terms and conditions set forth herein, Administrative Borrower may borrowrequest, repay and reborrow Swingline Loansmay be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make make, at is sole discretion, Swingline Loans to Borrower from time to time on any Business Day during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of Swingline Loans, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, Commitment or (ii) the sum of the total Revolving Exposures exceeding the total Revolving Commitments or (iii) the Revolving Exposure for all Lenders exceeding the Borrowing BaseCommitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance, in whole or in part, an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, Borrower may borrow, repay and reborrow Swingline Loans.

Swingline Commitment. Subject During the Commitment Period, subject to the terms and conditions set forth hereinhereof, the Swingline Lender agrees to Lender, in its individual capacity, shall, in reliance upon the agreements of the other Lenders set forth in this Section, make Swingline certain Revolving Loans to Borrower from time to time on any Business Day during the Revolving Availability PeriodBorrowers (each a “Swingline Loan” and, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of collectively, the “Swingline Loans”) for the purposes hereinafter set forth; provided, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) however, (i) the aggregate principal amount of outstanding Swingline Loans exceeding outstanding at any time shall not exceed TEN MILLION DOLLARS ($10,000,000) (the “Swingline CommitmentCommitted Amount”), (ii) the sum of aggregate Revolving Credit Outstandings shall not exceed the total Revolving Exposures exceeding the total Revolving Commitments or Committed Amount then in effect (iii) the Revolving Exposure for all Lenders exceeding the Borrowing Base; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance, in whole or in part, refinance an outstanding Swingline LoanLoan and (iv) Swingline Loans shall reduce availability under the Revolving Facility on a dollar-for-dollar basis. Within Swingline Loans hereunder may be repaid and reborrowed in accordance with the foregoing limits and subject to the terms and conditions set forth herein, Borrower may borrow, repay and reborrow Swingline Loansprovisions hereof.

Swingline Commitment. Subject to the terms and conditions set forth herein, the Swingline Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.17 and in its discretion, to make Swingline Loans to the Borrower from time to time on any Business Day during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of Swingline Loans, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, $15,000,000 or (ii) the sum of the total Revolving Exposures exceeding the lesser of (A) the total Revolving Commitments or and (iiiB) the Revolving Exposure for all Lenders exceeding the Borrowing Base; provided provided, that the Swingline Lender Borrower shall not be required to make a use the proceeds of any Swingline Loan to refinance, in whole or in part, refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, repay and reborrow Swingline Loans.

Swingline Commitment. Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans to Borrower the Borrowers (on a joint and several basis) from time to time on any Business Day after the Closing Date and during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of Swingline Loans, each Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, or (ii) the sum of the total Total Revolving Exposures Exposure exceeding the total Revolving Commitments or (iii) the Revolving Exposure for all Lenders exceeding the Borrowing BaseTotal Availability at such time; provided provided, that the Swingline Lender shall not be required to make a Swingline Loan to refinance, in whole or in part, an any outstanding Swingline LoanLoans. Within the foregoing limits and subject to the terms and conditions set forth herein, Borrower the Borrowers may borrow, repay and reborrow Swingline Loans.

Swingline Commitment. (a) Subject to the terms and conditions set forth hereinhereof, the Swingline Lender agrees to make Swingline Loans a portion of the credit otherwise available to the Borrower under the Revolving Commitments from time to time on any Business Day during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in Commitment Period by making swing line loans (and upon each such Borrowing of "Swingline Loans, Borrower shall be deemed ") to represent and warrant the Borrower; provided that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding outstanding at any time shall not exceed the Swingline CommitmentCommitment then in effect (notwithstanding that the Swingline Loans outstanding at any time, when aggregated with the Swingline Lender's other outstanding Revolving Loans hereunder, may exceed the Swingline Commitment then in effect) and (ii) the sum of the total Revolving Exposures exceeding the total Revolving Commitments or (iii) the Revolving Exposure for all Lenders exceeding the Borrowing Base; provided that Borrower shall not request, and the Swingline Lender shall not be required to make a make, any Swingline Loan if, after giving effect to refinance, in whole or in part, an outstanding the making of such Swingline Loan, the aggregate amount of the Available Revolving Commitments would be less than zero. Within During the foregoing limits and subject to Revolving Commitment Period, the terms and conditions set forth herein, Borrower may borrow, repay and reborrow Swingline Loans.use the Swingline

Swingline Commitment. Subject During the Commitment Period, subject to the terms and conditions set forth hereinhereof, the Swingline Lender agrees to Lender, in its individual capacity, shall, in reliance upon the agreements of the other Lenders set forth in this Section, make Swingline certain Revolving Loans to Borrower from time to time on any Business Day during the Revolving Availability PeriodBorrowers (each a “Swingline Loan” and, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of collectively, the “Swingline Loans”) for the purposes hereinafter set forth; provided, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) however, the aggregate principal amount of outstanding Swingline Loans exceeding outstanding at any time shall not exceed the Swingline CommitmentCommitted Amount, (ii) the sum of the total aggregate Revolving Exposures exceeding the total Revolving Commitments or (iii) Credit Outstandings shall not exceed the Revolving Exposure for all Lenders exceeding the Borrowing Base; provided that Committed Amount then in effect the Swingline Lender shall not be required to make a Swingline Loan to refinance, in whole or in part, refinance an outstanding Swingline LoanLoan and Swingline Loans shall reduce availability under the Revolving Facility on a dollar-for-dollar basis. Within Swingline Loans hereunder may be repaid and reborrowed in accordance with the foregoing limits and subject to the terms and conditions set forth herein, Borrower may borrow, repay and reborrow Swingline Loansprovisions hereof.

Swingline Commitment. Subject to the terms and conditions set forth hereinhereof, the Swingline Lender agrees to make Swingline Loans a portion of the credit otherwise available to the Borrower under the Revolving Commitments from time to time on any Business Day during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in Commitment Period by making swingline loans (and upon each such Borrowing of "Swingline Loans, Borrower shall be deemed ") to represent and warrant that such Borrowing will not result in) the Borrower; provided that (ia) the aggregate principal amount of outstanding Swingline Loans exceeding outstanding at any time shall not exceed the Swingline CommitmentCommitment then in effect (notwithstanding that the Swingline Loans outstanding at any time, when aggregated with the Swingline Lender's other outstanding Revolving Loans hereunder, may exceed the Swingline Commitment then in effect) and (iib) the sum of the total Revolving Exposures exceeding the total Revolving Commitments or (iii) the Revolving Exposure for all Lenders exceeding the Borrowing Base; provided that Borrower shall not request, and the Swingline Lender shall not be required to make a make, any Swingline Loan if, after giving effect to refinance, in whole or in part, an outstanding the making of such Swingline Loan, the aggregate amount of the Available Revolving Commitments would be less than zero. Within During the foregoing limits and subject to the terms and conditions set forth hereinRevolving Commitment Period, Borrower may borrow, repay and reborrow Swingline Loans.the

Swingline Commitment. Subject to the terms and conditions set forth hereinof this Section 2.18, the each Swingline Lender Lender, in its individual capacity, agrees to make certain revolving credit loans to the Borrower (each a “Swingline Loans to Borrower Loan” and, collectively, the “Swingline Loans”) from time to time on any Business Day during the Revolving Availability PeriodPeriod hereof; provided, in an however, that the aggregate principal amount of Swingline Loans outstanding at any time outstanding shall not exceed the lesser of (i) the aggregate Revolving Commitments less the Outstanding Balance, and (ii) the Swingline Loan Amount; and provided further that will not result in (and upon each such Borrowing of Swingline Loans, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (ii) the sum of the total Revolving Exposures exceeding the total Revolving Commitments or (iii) the Revolving Exposure for all Lenders exceeding the Borrowing Base; provided that the made by such Swingline Lender shall not be required exceed such Swingline Lender’s Swingline Commitment unless such Swingline Lender has consented to make Swingline Loans in excess of its Swingline Commitment. A Swingline Lender shall not make a Swingline Loan to refinance, in whole or in part, refinance an outstanding Swingline Loan. Within the foregoing limits and subject Subject to the terms and conditions limitations set forth herein, Borrower any amounts repaid in respect of Swingline Loans may borrow, repay and reborrow Swingline Loansbe reborrowed.

Swingline Commitment. Subject to the terms and conditions set forth hereinherein and in the applicable Incremental Loan Amendment, the Swingline Lender agrees may agree to make Swingline Loans to the Borrower from time to time on any Business Day during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of Swingline Loans, the Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, Commitment or (ii) the sum of the total Revolving Exposures exceeding the total Revolving Commitments or (iii) the Revolving Exposure for all Lenders exceeding the Borrowing BaseCommitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance, in whole or in part, an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, repay and reborrow Swingline Loans.

Swingline Commitment. Subject to the terms and conditions set forth hereinof this Section 2.4, the Swingline Lender Lender, in its individual capacity, agrees to make certain revolving credit loans denominated in Dollars to the Borrower (each a “Swingline Loans to Borrower Loan” and, collectively, the “Swingline Loans”) at any time and from time to time on any Business Day during the Revolving Availability PeriodTerm hereof; provided, in an however, that the aggregate principal amount of Swingline Loans outstanding at any time outstanding that will shall not result in (and upon each such Borrowing exceed the lesser of Swingline Loans, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$25,000,000, and (ii) the aggregate Revolving Credit Commitments less the sum of the total (A) all Revolving Exposures exceeding the total Revolving Commitments or Credit Loans and Swingline Loans then outstanding, and (iiiB) the Revolving Exposure for all Lenders exceeding Letter of Credit Usage (the Borrowing Base“Swingline Commitment”); provided that the Swingline Lender shall not be required to make a any Swingline Loan to refinanceavailable if, in whole or in partafter giving effect thereto the aggregate principal amount of the sum of (i) the Swingline Lender’s Swingline Loans then outstanding, an (ii) all other Revolving Credit Loans held by the Swingline Lender then outstanding and (iii) the Swingline LoanLender’s Pro Rata Share of the Letter of Credit Usage at such time, would exceed such Swingline Lender’s Revolving Credit Commitment. Within the foregoing limits and subject Subject to the terms and conditions limitations set forth herein, Borrower any amounts repaid in respect of Swingline Loans may borrow, repay and reborrow Swingline Loansbe reborrowed.

Swingline Commitment. Subject to the terms and conditions set forth hereinof this Section 2.18, the each Swingline Lender Lender, in its individual capacity, agrees to make certain revolving credit loans in Dollars only to the Borrower (each a “Swingline Loans to Borrower Loan” and, collectively, the “Swingline Loans”) from time to time on any Business Day during the Revolving Availability Periodterm hereof; provided, in an aggregate principal amount at any time outstanding however, that will not result in (and upon each such Borrowing of Swingline Loans, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding outstanding at any time shall not exceed the lesser of (x) $150,000,000, and (y) the aggregate Commitments less the Dollar Equivalent Amount of all Loans (other than Swingline Loans) then outstanding and the Dollar Equivalent Amount of the Letter of Credit Usage (the “Swingline Commitment”), (ii) the sum aggregate amount of the total Revolving Exposures exceeding the total Revolving Commitments or (iii) the Revolving Exposure for all Lenders exceeding the Borrowing Base; provided that the Swingline Loans outstanding made by an individual Swingline Lender shall not at any time exceed one-third of the Swingline Commitment and (iii) no Swingline Lender shall be required under any obligation to make a any Swingline Loan to refinanceif it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, in whole or in partby the making of such Swingline Loan may have, an outstanding Swingline LoanFronting Exposure. Within the foregoing limits and subject Subject to the terms and conditions limitations set forth herein, Borrower any amounts repaid in respect of Swingline Loans may borrow, repay and reborrow Swingline Loansbe reborrowed.

Swingline Commitment. Subject to the terms and conditions set forth hereinof this Section 2.4, the Swingline Lender Lender, in its individual capacity, agrees to make certain revolving credit loans denominated in Dollars to the Borrower (each a “Swingline Loans to Borrower Loan” and, collectively, the “Swingline Loans”) at any time and from time to time on any Business Day during the Revolving Availability PeriodTerm hereof; provided, in an however, that the aggregate principal amount of Swingline Loans outstanding at any time outstanding that will shall not result in (and upon each such Borrowing exceed the lesser of Swingline Loans, Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$25,000,000, and (ii) the aggregate Revolving Credit Commitments less the sum of the total (A) all Revolving Exposures exceeding the total Revolving Commitments or Credit Loans and Swingline Loans then outstanding, and (iiiB) the Revolving Exposure for all Lenders exceeding Letter of Credit Usage (the Borrowing Base“Swingline Commitment”); provided that the Swingline Lender shall not be required to make a any Swingline Loan to refinanceavailable if, in whole or in partafter giving effect thereto the aggregate principal amount of the sum of (i) the Swingline Lender’s Swingline Loans then outstanding, an (ii) all other Revolving Loans held by the Swingline Lender then outstanding and (iii) the Swingline LoanLender’s Pro Rata Share of the Letter of Credit Usage at such time, would exceed such Swingline Lender’s Revolving Credit Commitment. Within the foregoing limits and subject Subject to the terms and conditions limitations set forth herein, Borrower any amounts repaid in respect of Swingline Loans may borrow, repay and reborrow Swingline Loansbe reborrowed.