Common use of The Domestic Swing Line Clause in Contracts

The Domestic Swing Line. Subject to the terms and conditions set forth herein, the Domestic 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, a “Domestic 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 Domestic Swing Line Sublimit, notwithstanding the fact that such Domestic Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of U.S. Dollar Committed Loans and U.S. Dollar L/C Obligations of the Lender acting as Domestic Swing Line Lender, may exceed the amount of such Lender’s U.S. Dollar Commitment; provided, however, that after giving effect to any Domestic 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 U.S. Dollar Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all U.S. Dollar L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Domestic Swing Line Loans shall not exceed such Lender’s U.S. Dollar Commitment, (iii) the aggregate Outstanding Amount of the Domestic Swing Line Loans shall not exceed the Domestic Swing Line Sublimit and (iv) the aggregate Outstanding Amount of Committed Loans, Swing Line Loans and L/C Obligations under the U.S. Dollar Tranche shall not exceed the Applicable Sublimit for the U.S. Dollar Tranche, 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(a), prepay under Section 2.06, and reborrow under this Section 2.05(a). Each Domestic Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Domestic Swing Line Loan, each U.S. Dollar Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Domestic Swing Line Lender a risk participation in such Domestic Swing Line Loan in an amount equal to the product of such Lender’s Applicable U.S. Dollar Percentage times the amount of such Domestic Swing Line Loan.

The Domestic Swing Line. Subject to the terms and conditions set forth herein, the Domestic Swing Line LenderLender agrees, in reliance upon the agreements of the other Committed Loan Lenders set forth in this Section 2.052.04, agrees to make loans in Dollars (each such loan, a “Domestic Swing Line Loan”) to the Company Borrower 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 Domestic Swing Line Sublimit, notwithstanding the fact that such Domestic Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of U.S. Dollar Committed Loans, Foreign Swing Line Loans and U.S. Dollar L/C Obligations of the Lender acting as Domestic Swing Line Lender, may exceed the amount of such Lender’s U.S. Dollar Commitment; provided, however, that after giving effect to any Domestic 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, and (ii) the aggregate Outstanding Amount of the U.S. Dollar Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all U.S. Dollar L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Domestic Swing Line Loans shall not exceed such Lender’s U.S. Dollar Commitment, (iii) the aggregate Outstanding Amount of the Domestic Swing Line Loans shall not exceed the Domestic Swing Line Sublimit and (iv) the aggregate Outstanding Amount of Committed Loans, Swing Line Loans and L/C Obligations under the U.S. Dollar Tranche shall not exceed the Applicable Sublimit for the U.S. Dollar Tranche, and provided, further, that the Company Borrower shall not use the proceeds of any Domestic Swing Line Loan to refinance any outstanding Domestic Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company Borrower may borrow under this Section 2.05(a)2.04, prepay under Section 2.062.07, and reborrow under this Section 2.05(a)2.04. Each Domestic Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Domestic Swing Line Loan, each U.S. Dollar Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Domestic Swing Line Lender a risk participation in such Domestic Swing Line Loan in an amount equal to the product of such Lender’s Applicable U.S. Dollar Percentage times the amount of such Domestic Swing Line Loan.

The Domestic Swing Line. Subject to the terms and conditions set forth herein, the Domestic Swing Line Lender, in reliance upon the agreements of the other Committed Loan Lenders set forth in this Section 2.05, Lender agrees to make loans in Dollars (each such loan, a “Domestic Swing Line Loan”) to the Company Domestic Borrower 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 Domestic Swing Line Sublimit, notwithstanding the fact that such Domestic Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of U.S. Dollar Committed Loans and U.S. Dollar L/C Obligations of the Lender acting as Domestic Swing Line LenderLender in its capacity as a Domestic Lender of Committed Domestic Loans, may exceed the amount of such Lender’s U.S. Dollar CommitmentCommitment regarding Committed Domestic Loans; provided, however, that after giving effect to any Domestic Swing Line Loan, (i) the aggregate Outstanding Amount of Committed Loans, Bid Loans, Swing Line all Domestic Loans and L/C Obligations regarding Domestic Letters of Credit shall not exceed the Aggregate Domestic Commitments, and (ii) the aggregate Outstanding Amount of the U.S. Dollar Committed Domestic Loans of any Domestic Lender, plus such Domestic Lender’s Applicable Percentage Pro Rata Share of the Outstanding Amount of all U.S. Dollar L/C ObligationsObligations regarding Domestic Letters of Credit, plus such Lender’s Applicable Percentage Pro Rata Share of the Outstanding Amount of all Domestic Swing Line Loans shall not exceed such Domestic Lender’s U.S. Dollar Commitment, (iii) the aggregate Outstanding Amount of the Commitment regarding Domestic Swing Line Loans shall not exceed the Domestic Swing Line Sublimit and (iv) the aggregate Outstanding Amount of Committed Loans, Swing Line Loans and L/C Obligations under the U.S. Dollar Tranche shall not exceed the Applicable Sublimit for the U.S. Dollar Tranche, and provided, further, that the Company shall not use the proceeds Domestic Letters of any Swing Line Loan to refinance any outstanding Swing Line LoanCredit. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company Domestic Borrower may borrow under this Section 2.05(a)2.05, prepay under Section 2.06, and reborrow under this Section 2.05(a)2.05. Each Domestic Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Domestic Swing Line Loan, each U.S. Dollar Domestic Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Domestic Swing Line Lender a risk participation in such Domestic Swing Line Loan in an amount equal to the product of such Lender’s Applicable U.S. Dollar Percentage Pro Rata Share times the amount of such Domestic Swing Line Loan. The Domestic Swing Line Lender shall not be under any obligation to make any Domestic Swing Line Loan if any Domestic Lender is at such time an Impacted Lender hereunder, unless the Domestic Swing Line Lender has been provided cash collateral as contemplated by Section 2.16 or has entered into satisfactory arrangements with the Domestic Borrower or such Domestic Lender to eliminate the Domestic Swing Line Lender’s risk with respect to such Domestic Lender.

The Domestic Swing Line. Subject to the terms and conditions set forth herein, the each Domestic 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, a “Domestic 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 Domestic Swing Line Sublimit, notwithstanding the fact that such Domestic Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of U.S. Dollar Committed Loans and U.S. Dollar L/C Obligations of the Lender acting as Domestic Swing Line Lender, may exceed the amount of such Lender’s U.S. Dollar Commitment; provided, however, that after giving effect to any Domestic 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 U.S. Dollar Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all U.S. Dollar L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Domestic Swing Line Loans shall not exceed such Lender’s U.S. Dollar Commitment, (iii) the aggregate Outstanding Amount of the Domestic Swing Line Loans shall not exceed the Domestic Swing Line Sublimit and (iv) the aggregate Outstanding Amount of Committed Loans, Swing Line Loans and L/C Obligations under the U.S. Dollar Tranche shall not exceed the Applicable Sublimit for the U.S. Dollar Tranche, 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(a), prepay under Section 2.06, and reborrow under this Section 2.05(a). Each Domestic Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Domestic Swing Line Loan, each U.S. Dollar Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Domestic Swing Line Lender a risk participation in such Domestic Swing Line Loan in an amount equal to the product of such Lender’s Applicable U.S. Dollar Percentage times the amount of such Domestic Swing Line Loan.

The Domestic Swing Line. Subject to the terms and conditions set forth herein, the Domestic 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, a “Domestic 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 Domestic Swing Line Sublimit, notwithstanding the fact that such Domestic Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of U.S. Dollar Committed Loans and U.S. Dollar L/C Obligations of the Lender acting as Domestic Swing Line Lender, may exceed the amount of such Lender’s U.S. Dollar Commitment; provided, however, that after giving effect to any Domestic 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 U.S. Dollar Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all U.S. Dollar L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Domestic Swing Line Loans shall not exceed such Lender’s U.S. Dollar Commitment, (iii) the aggregate Outstanding Amount of the Domestic Swing Line Loans shall not exceed the Domestic Swing Line Sublimit and (iv) the aggregate Outstanding Amount of Committed Loans, Swing Line Loans and L/C Obligations under the U.S. Dollar Tranche shall not exceed the Applicable Sublimit for the U.S. Dollar Tranche, 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(a), prepay under Section 2.06, and reborrow under this Section 2.05(a). Each Domestic Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Domestic Swing Line Loan, each U.S. Dollar Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Domestic Swing Line Lender a risk participation in such Domestic Swing Line Loan in an amount equal to the product of such Lender’s Applicable U.S. Dollar Percentage times the amount of such Domestic Swing Line Loan.