Common use of Swingline Commitments Clause in Contracts

Swingline Commitments. (a) Subject to the terms and conditions hereof, the ABR 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 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; 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 aggregate principal amount of outstanding ABR Swingline Loans made by the ABR Swingline Lender exceeding the ABR Swingline Lender’s ABR Swingline Commitment, or (ii) the ABR Swingline Lender’s Revolving Extensions of Credit exceeding its Revolving Commitment; provided further that no Borrower shall request, and 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 would be less than zero or (y) the aggregate amount of all ABR Swingline Loans would exceed $100,000,000. During the Revolving Commitment Period, 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 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 applicable Borrower shall repay to the applicable Swingline Lender the then unpaid principal amount of each Swingline Loan no later than the Revolving Termination Date; provided, for the avoidance of doubt, that nothing in this Section 2.8(b) creates any obligation for (i) any Foreign Subsidiary Borrower to repay any Obligation 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 hereof, the ABR Closing Date Revolving Facility Swingline Lender agrees to may in its sole discretion make a portion of the credit otherwise available to a the Borrower under the Closing Date Revolving Facility Commitments from time to time during the Closing Date Revolving Facility Commitment Period by making swing line swingline loans to such Borrower denominated in the United Kingdom Dollars (“U.K. Closing Date Revolving Facility Swingline Loans”) or in to the United States Borrower notwithstanding that after making a requested Closing Date Revolving Facility Swingline Loan, the sum of (“U.S. i) the Closing Date Revolving Facility Swingline Loans” and, together with U.K. Swingline Lender’s aggregate principal amount of all Closing Date Revolving Facility Loans, (ii) the “ABR Closing Date Revolving Facility Percentage of the L/C Obligations and (iii) all outstanding Closing Date Revolving Facility Swingline Loans”) in DollarsLoans may exceed the Closing Date Revolving Facility Swingline Lender’s Closing Date Revolving Facility Commitment; provided 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 aggregate principal amount of outstanding ABR Closing Date Revolving Facility Swingline Loans made by outstanding at any time shall not exceed the ABR Swingline Lender exceeding the ABR Swingline Lender’s ABR Closing Date Revolving Facility Swingline Commitment, or (ii) the ABR Swingline Lender’s Revolving Extensions of Credit exceeding its Revolving Commitment; provided further that no Borrower shall request, and the ABR Swingline Lender shall not make, request any ABR Swingline Loan if, after giving effect to the making of such ABR Swingline Loan, (x) the aggregate amount of the Available Closing Date Revolving Commitments would be less than zero or (y) the aggregate amount of all ABR Swingline Loans would exceed $100,000,000. During the Revolving Commitment Period, 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 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 Facility Swingline Loan, the aggregate amount of the Available Closing Date Revolving Facility Commitments would be less than zero. During zero and (iii) the Closing Date Revolving Commitment Period, each Borrower may use the LIBOR Facility Swingline Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. LIBOR Lender shall not be required to make any Closing Date Revolving Facility Swingline Loans shall be Overnight LIBOR Loans only. (cunder this Section 3.3(1)(a) The applicable Borrower shall repay at any time when an Event of Default has occurred and is continuing. Subject to the applicable foregoing, Closing Date Revolving Facility Swingline Lender the then unpaid principal amount of each Swingline Loan no later than the Revolving Termination Date; provided, for the avoidance of doubt, that nothing in this Section 2.8(b) creates any obligation for (i) any Foreign Subsidiary Borrower Loans may be repaid and reborrowed from time to repay any Obligation of any Domestic Borrower or (ii) any Domestic Borrower to repay any Obligation of any Foreign Subsidiary Borrowertime.