Common use of The Alternative Currency Swing Line Clause in Contracts

The Alternative Currency Swing Line. Subject to the terms and conditions set forth herein, the Alternative Currency Swing Line Lender, in reliance upon the agreements of the other Committed Loan Lenders set forth in this Section 2.05, agrees to make loans in Dollars (each such loan, an “Alternative Currency Swing Line Loan”) to the Company from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of the Alternative Currency Swing Line Sublimit, notwithstanding the fact that such Alternative Currency Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Alternative Currency Committed Loans and Alternative Currency L/C Obligations of the Lender acting as Alternative Currency Swing Line Lender, may exceed the amount of such Lender’s Alternative Currency Commitment; provided, however, that after giving effect to any Alternative Currency Swing Line Loan, (i) the Outstanding Amount of Committed Loans, Bid Loans, Swing Line Loans and L/C Obligations shall not exceed the Aggregate Commitments, (ii) the aggregate Outstanding Amount of the Alternative Currency Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Alternative Currency L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Canadian Dollar Swing Line Loans, Euro/Sterling Swing Line Loans and Alternative Currency Swing Line Loans shall not exceed such Lender’s Alternative Currency Commitment, (iii) the aggregate Outstanding Amount of the Alternative Currency Swing Line Loans, the Canadian Dollar Swing Line Loans and the Euro/Sterling Swing Line Loans shall not exceed the Specified Alternative Currency Swing Line Sublimit and (iv) the aggregate Outstanding Amount of Committed Loans, Swing Line Loans and L/C Obligations under the Alternative Currency Tranche does not exceed the Alternative Currency Sublimit, and provided, further, that the Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.05(b), prepay under Section 2.06, and reborrow under this Section 2.05(b). Each Alternative Currency Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of an Alternative Currency Swing Line Loan, each Alternative Currency Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Alternative Currency Swing Line Lender a risk participation in such Alternative Currency Swing Line Loan in an amount equal to the product of such Lender’s Applicable Alternative Currency Percentage times the amount of such Alternative Currency Swing Line Loan.

The Alternative Currency Swing Line. Subject to the terms and conditions set forth herein, the each Alternative Currency Swing Line Lender, in reliance upon the agreements of the other Committed Loan Lenders set forth in this Section 2.05, agrees to make loans in Dollars (each such loan, an “Alternative Currency Swing Line Loan”) to the Company from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of the Alternative Currency Swing Line Sublimit, notwithstanding the fact that such Alternative Currency Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Alternative Currency Committed Loans and Alternative Currency L/C Obligations of the Lender acting as Alternative Currency Swing Line Lender, may exceed the amount of such Lender’s Alternative Currency Commitment; provided, however, that after giving effect to any Alternative Currency Swing Line Loan, (i) the Outstanding Amount of Committed Loans, Bid Loans, Swing Line Loans and L/C Obligations shall not exceed the Aggregate Commitments, (ii) the aggregate Outstanding Amount of the Alternative Currency Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Alternative Currency L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Canadian Dollar Swing Line Loans, Euro/Sterling Swing Line Loans and Alternative Currency Swing Line Loans shall not exceed such Lender’s Alternative Currency Commitment, (iii) the aggregate Outstanding Amount of the Alternative Currency Swing Line Loans, the Canadian Dollar Swing Line Loans and the Euro/Sterling Swing Line Loans shall not exceed the Specified Alternative Currency Swing Line Sublimit and (iv) the aggregate Outstanding Amount of Committed Loans, Swing Line Loans and L/C Obligations under the Alternative Currency Tranche does not exceed the Alternative Currency Sublimit, and provided, further, that the Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.05(b), prepay under Section 2.06, and reborrow under this Section 2.05(b). Each Alternative Currency Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of an Alternative Currency Swing Line Loan, each Alternative Currency Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Alternative Currency Swing Line Lender a risk participation in such Alternative Currency Swing Line Loan in an amount equal to the product of such Lender’s Applicable Alternative Currency Percentage times the amount of such Alternative Currency Swing Line Loan.

The Alternative Currency Swing Line. Subject to the terms and conditions set forth herein, the Alternative Currency Swing Line Lender, in reliance upon the agreements of the other Committed Loan Lenders set forth in this Section 2.05, agrees to make loans in Dollars (each such loan, an “Alternative Currency Swing Line Loan”) to the Company from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of the Alternative Currency Swing Line Sublimit, notwithstanding the fact that such Alternative Currency Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Alternative Currency Committed Loans and Alternative Currency L/C Obligations of the Lender acting as Alternative Currency Swing Line Lender, may exceed the amount of such Lender’s Alternative Currency Commitment; provided, however, that after giving effect to any Alternative Currency Swing Line Loan, (i) the Outstanding Amount of Committed Loans, Bid Loans, Swing Line Loans and L/C Obligations shall not exceed the Aggregate Commitments, (ii) the aggregate Outstanding Amount of the Alternative Currency Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Alternative Currency L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Canadian Dollar Swing Line Loans, Euro/Sterling Swing Line Loans and Alternative Currency Swing Line Loans shall not exceed such Lender’s Alternative Currency Commitment, (iii) the aggregate Outstanding Amount of the Alternative Currency Swing Line Loans, Loans and the Canadian Dollar Swing Line Loans and the Euro/Sterling Swing Line Loans shall not exceed the Specified Alternative Currency Swing Line Sublimit and (iv) the aggregate Outstanding Amount of Committed Loans, Swing Line Loans and L/C Obligations under the Alternative Currency Tranche does not exceed the Alternative Currency Sublimit, and provided, further, that the Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.05(b), prepay under Section 2.06, and reborrow under this Section 2.05(b). Each Alternative Currency Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of an Alternative Currency Swing Line Loan, each Alternative Currency Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Alternative Currency Swing Line Lender a risk participation in such Alternative Currency Swing Line Loan in an amount equal to the product of such Lender’s Applicable Alternative Currency Percentage times the amount of such Alternative Currency Swing Line Loan.

The Alternative Currency Swing Line. Subject to the terms and conditions set forth herein, the Alternative Currency Swing Line Lender, in reliance upon the agreements of the other Committed Loan Lenders set forth in this Section 2.05, agrees to make loans in Dollars (each such loan, an “Alternative Currency Swing Line Loan”) to the Company from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of the Alternative Currency Swing Line Sublimit, notwithstanding the fact that such Alternative Currency Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Alternative Currency Committed Loans and Alternative Currency L/C Obligations of the Lender acting as Alternative Currency Swing Line Lender, may exceed the amount of such Lender’s Alternative Currency Commitment; provided, however, that after giving effect to any Alternative Currency Swing Line Loan, (i) the Outstanding Amount of Committed Loans, Bid Loans, Swing Line Loans and L/C Obligations Total Outstandings shall not exceed the Aggregate Commitments, (ii) the aggregate Outstanding Amount of the Alternative Currency Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Alternative Currency L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Canadian Dollar Swing Line Loans, Euro/Sterling Swing Line Loans and Alternative Currency Swing Line Loans shall not exceed such Lender’s Alternative Currency Commitment, (iii) the aggregate Outstanding Amount of the Alternative Currency Swing Line Loans, Loans and the Canadian Dollar Swing Line Loans and the Euro/Sterling Swing Line Loans shall not exceed the Specified Alternative Currency Swing Line Sublimit and (iv) the aggregate Outstanding Amount of Committed Loans, Swing Line Loans and L/C Obligations under the Alternative Currency Tranche does not exceed the Alternative Currency Sublimit, and provided, further, that the Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.05(b), prepay under Section 2.06, and reborrow under this Section 2.05(b). Each Alternative Currency Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of an Alternative Currency Swing Line Loan, each Alternative Currency Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Alternative Currency Swing Line Lender a risk participation in such Alternative Currency Swing Line Loan in an amount equal to the product of such Lender’s Applicable Alternative Currency Percentage times the amount of such Alternative Currency Swing Line Loan.