Common use of Swingline Commitments Clause in Contracts

Swingline Commitments. (a) Subject to the terms and conditions set forth herein, from time to time during the Revolving Commitment Period, the Swingline Lender may, in its discretion, make a portion of the credit otherwise available to the Company under the Dollar Tranche Revolving Commitments by making swing line loans (“Swingline Loans”) in Dollars to the Company; provided that (i) the sum of (x) the Swingline Exposure of such Swingline Lender (in its capacity as a Dollar Tranche Revolving Lender), (y) the aggregate principal amount of outstanding Dollar Tranche Revolving Loans made by such Swingline Lender (in its capacity as a Dollar Tranche Revolving Lender) and (z) the L/C Exposure of such Swingline Lender (in its capacity as a Dollar Tranche Revolving Lender) shall not exceed its Dollar Tranche Revolving Commitment then in effect, (ii) the sum of the outstanding Swingline Loans shall not exceed the Swingline Commitment, (iii) the Company shall not request, and no Swingline Lender shall make, any Swingline Loan if, after giving effect to the making of such Swingline Loan, the aggregate amount of the Available Revolving Commitments with respect to the Dollar Tranche Lenders would be less than zero and (iv) the Swingline Lender shall not be under any obligation to make any Swingline Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Swingline Loan may have, Fronting Exposure. During the Revolving Commitment Period, the Company may use the Swingline Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swingline Loans shall be Base Rate Loans only. (b) The Company shall repay to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Termination Date and five Business Days after such Swingline Loan is made; provided that on each date that a Dollar Tranche Revolving Loan is borrowed, the Company shall repay all Swingline Loans then outstanding and the proceeds of any such Dollar Tranche Revolving Loans shall be applied by the Administrative Agent to repay any Swingline Loans outstanding.

Swingline Commitments. (a) Subject to the terms and conditions set forth herein, from time to time during the Revolving Commitment Periodhereof, the ABR Swingline Lender may, in its discretion, agrees to make a portion of the credit otherwise available to the Company a Borrower under the Dollar Tranche Revolving Commitments by making swing line loans to such Borrower in the United Kingdom (“U.K. Swingline Loans”) or in the United States (“U.S. Swingline Loans” and, together with U.K. Swingline Loans, the “ABR Swingline Loans”) in Dollars to the CompanyDollars; provided that the ABR Swingline Lender shall not be required to make (but may elect, in its sole discretion, to make) any ABR Swingline Loan if such ABR Swingline Loan would result in (i) the sum of (x) the Swingline Exposure of such Swingline Lender (in its capacity as a Dollar Tranche Revolving Lender), (y) the aggregate principal amount of outstanding Dollar Tranche Revolving ABR Swingline Loans made by such the ABR Swingline Lender (in its capacity as a Dollar Tranche Revolving exceeding the ABR Swingline Lender) and (z) the L/C Exposure of such ’s ABR Swingline Lender (in its capacity as a Dollar Tranche Revolving Lender) shall not exceed its Dollar Tranche Revolving Commitment then in effectCommitment, or (ii) the sum ABR Swingline Lender’s Revolving Extensions of the outstanding Swingline Loans Credit exceeding its Revolving Commitment; provided further that no Borrower shall not exceed the Swingline Commitment, (iii) the Company shall not request, and no the ABR Swingline Lender shall not make, any ABR Swingline Loan if, after giving effect to the making of such ABR Swingline Loan, (x) the aggregate amount of the Available Revolving Commitments with respect to the Dollar Tranche Lenders would be less than zero and or (ivy) the aggregate amount of all ABR Swingline Lender shall not be under any obligation to make any Swingline Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Swingline Loan may have, Fronting ExposureLoans would exceed $100,000,000. During the Revolving Commitment Period, the Company each Borrower may use the ABR Swingline Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. U.S. Swingline Loans shall be Base Rate ABR Loans only. U.K. Swingline Loans shall be Overnight LIBOR Loans only. (b) Subject to the terms and conditions hereof, the LIBOR Swingline Lender agrees to make a portion of the credit otherwise available to a Borrower under the Revolving Commitments by making swing line loans to such Borrower in the United States in Dollars (the “LIBOR Swingline Loans”); provided that the aggregate principal amount of LIBOR Swingline Loans made by the LIBOR Swingline Lender will not result in (i) the aggregate principal amount of outstanding LIBOR Swingline Loans made by the LIBOR Swingline Lender exceeding the LIBOR Swingline Lender’s LIBOR Swingline Commitment, or (ii) the LIBOR Swingline Lender’s Revolving Extensions of Credit exceeding its Revolving Commitment; provided further that no Borrower shall request, and the LIBOR Swingline Lender shall not make, any LIBOR Swingline Loan if, after giving effect to the making of such LIBOR Swingline Loan, the aggregate amount of the Available Revolving Commitments would be less than zero. During the Revolving Commitment Period, each Borrower may use the LIBOR Swingline Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. LIBOR Swingline Loans shall be Overnight LIBOR Loans only. (c) The Company applicable Borrower shall repay to the applicable Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of no later than the Revolving Termination Date and five Business Days after such Swingline Loan is madeDate; provided provided, for the avoidance of doubt, that on each date that a Dollar Tranche Revolving Loan is borrowed, the Company shall repay all Swingline Loans then outstanding and the proceeds of nothing in this Section 2.8(b) creates any such Dollar Tranche Revolving Loans shall be applied by the Administrative Agent obligation for (i) any Foreign Subsidiary Borrower to repay any Swingline Loans outstandingObligation of any Domestic Borrower or (ii) any Domestic Borrower to repay any Obligation of any Foreign Subsidiary Borrower.

Swingline Commitments. (1) (a) Subject to the terms and conditions set forth herein, from time to time during the Revolving Commitment Periodhereof, the Closing Date Revolving Facility Swingline Lender may, may in its discretion, sole discretion make a portion of the credit otherwise available to the Company Borrower under the Dollar Tranche Closing Date Revolving Facility Commitments from time to time during the Closing Date Revolving Facility Commitment Period by making swing line swingline loans denominated in Dollars (“Closing Date Revolving Facility Swingline Loans”) in Dollars to the Company; provided Borrower notwithstanding that after making a requested Closing Date Revolving Facility Swingline Loan, the sum of (i) the sum Closing Date Revolving Facility Swingline Lender’s aggregate principal amount of all Closing Date Revolving Facility Loans, (xii) the Closing Date Revolving Facility Percentage of the L/C Obligations and (iii) all outstanding Closing Date Revolving Facility Swingline Exposure of such Loans may exceed the Closing Date Revolving Facility Swingline Lender Lender’s Closing Date Revolving Facility Commitment; provided, that (in its capacity as a Dollar Tranche Revolving Lender), (yi) the aggregate principal amount of Closing Date Revolving Facility Swingline Loans outstanding Dollar Tranche Revolving Loans made by such Swingline Lender (in its capacity as a Dollar Tranche Revolving Lender) and (z) the L/C Exposure of such Swingline Lender (in its capacity as a Dollar Tranche Revolving Lender) at any time shall not exceed its Dollar Tranche the Closing Date Revolving Commitment then in effectFacility Swingline Commitment, (ii) the sum of the outstanding Swingline Loans Borrower shall not exceed the Swingline Commitment, (iii) the Company shall not request, and no Swingline Lender shall make, request any Swingline Loan if, after giving effect to the making of such Closing Date Revolving Facility Swingline Loan, the aggregate amount of the Available Closing Date Revolving Facility Commitments with respect to the Dollar Tranche Lenders would be less than zero and (iviii) the Closing Date Revolving Facility Swingline Lender shall not be under any obligation required to make any Swingline Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Swingline Loan may have, Fronting Exposure. During the Closing Date Revolving Commitment Period, the Company may use the Swingline Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Facility Swingline Loans shall be Base Rate Loans only. (bunder this Section 3.3(1)(a) The Company shall repay at any time when an Event of Default has occurred and is continuing. Subject to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the foregoing, Closing Date Revolving Termination Date and five Business Days after such Swingline Loan is made; provided that on each date that a Dollar Tranche Revolving Loan is borrowed, the Company shall repay all Facility Swingline Loans then outstanding may be repaid and the proceeds of any such Dollar Tranche Revolving Loans shall be applied by the Administrative Agent reborrowed from time to repay any Swingline Loans outstandingtime.