The Swing Line Subfacility Clause Samples
The Swing Line Subfacility. (a) Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars, Euros, Swiss francs or British pounds (each a “Swing Line Loan”) to each Borrower from time to time on any Business Day prior to the Credit Termination Date in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Pro Rata Share of the Dollar Equivalent amount of Revolving Loans and the Effective Amount of all L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided that after giving effect to any Swing Line Loan, (i) the Total Outstandings shall not exceed the Aggregate Commitment Amount, and (ii) the aggregate outstanding principal amount of the Revolving Loans of any Lender, plus such Lender’s Pro Rata Share of the Effective Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the aggregate outstanding principal amount of all Swing Line Loans shall not exceed such Lender’s Commitment, and provided that the applicable Borrower 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 Borrowers may borrow under this Section 2.06, prepay under Section 2.08, and reborrow under this Section 2.06. Immediately upon the making of a Swing Line Loan, each Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Loan.
(b) Each Swing Line Loan shall be made upon the applicable Borrower’s irrevocable notice to the Swing Line Lender and the Administrative Agent. Each such notice must be received by the Swing Line Lender and the Administrative Agent not later than 1:00 p.m. on the requested borrowing date for Swing Line Loans to be made to the Company in Dollars, not later than 11:00 a.m. London time one Business Day before the requested borrowing date for Swing Line Loans to be made in Swiss francs and not later than 11:00 a.m. London time on the requested borrowing date for any other Swing Line Loans, and shall specify (i) the amount to be borrowed, which shall be the Dollar Equivalent amount of $100,000 or a higher integral multiple o...
The Swing Line Subfacility
