The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until the Initial Revolver Maturity Date in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the 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 Borrower may borrow under this Section 2.05, prepay under Section 2.06 and reborrow under this Section 2.05. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 Xxxxxx’s Pro Rata Share times the amount of such Swing Line Loan. (b)
Appears in 3 contracts
Samples: Credit Agreement (Dun & Bradstreet Holdings, Inc.), Credit Agreement (Dun & Bradstreet Holdings, Inc.), Credit Agreement (Dun & Bradstreet Holdings, Inc.)
The Swing Line. Subject to the terms and conditions set forth hereinherein (including without limitation the conditions set forth in Section 4.02), the Swing Line Lender agrees to may, in its discretion and in reliance upon the agreements of the other Lenders set forth in this Section 2.04, make loans in Dollars (each such loan, a “"Swing Line Loan”") to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender's Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (i) the Total Outstandings shall not exceed an amount equal to the lesser at such time of (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, Facility and (y) the Total Revolving Outstandings with respect to Borrowing Base, and (ii) the Initial aggregate Outstanding Amount of the Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings Loans of any Lender under at such time, plus such Lender's Percentage of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations at such time, plus such Lender's Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each case's Commitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, and provided further that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 Xxxxxx’s Pro Rata Share Lender's Percentage times the amount of such Swing Line Loan. (b).
Appears in 3 contracts
Samples: Credit Agreement (Paperweight Development Corp), Credit Agreement (Paperweight Development Corp), Credit Agreement (Appleton Papers Inc/Wi)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may make loans in Dollars (each such loan, a “Swing Line Loan”) to the a Borrower in Dollars from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided that provided, however, that, (x) after giving effect to any Swing Line Loan, (xi) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Facility Credit Facility Exposure shall not exceed the aggregate Initial Revolving lesser of the Maximum Credit Commitments and the Borrowing Base at such time, and (zii) the Revolving Outstandings Facility Credit Exposure of any Lender under (including the Initial Revolving Credit Facility Swing Line Lender) shall not exceed such Lender’s Revolving Credit Commitment Facility Commitment, (in each case, taking y) the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the applicable Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanLoan and (z) the Swing Line Lender may choose not to make any Swing Line Loan if it has, or by making of such Swing Line Loan may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the each Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.11, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a bear interest only at the Base Rate Loanplus the Applicable Margin for Base Rate Loans. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit Facility 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 XxxxxxLender’s Pro Rata Share times Revolving Facility Percentage multiplied by the principal amount of such Swing Line Loan. (b).
Appears in 3 contracts
Samples: Credit Agreement (Constellium SE), Credit Agreement (Constellium N.V.), Credit Agreement (Constellium N.V.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until the Initial Revolver Maturity 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 Outstanding Amount of Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xi) the Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the aggregate principal amount Outstanding Amount of outstanding the Revolving Credit Loans of any Revolving Credit Lender, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations at such time, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender at such time shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)Commitment; provided, further further, that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 3 contracts
Samples: Assignment and Assumption (Syniverse Holdings Inc), Credit Agreement (Rapid Roaming Co), Credit Agreement (Solgar)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time in U.S. Dollars on any Business Day until during the Initial Revolver Maturity Date Availability Period with respect to the Original Revolving Credit Facility (or, in the Swing Line Lender’s sole discretion, during the Availability Period for any later maturing Revolving Credit Facility) 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Credit Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial amount of the Revolving Credit Lenders’ Revolving Credit Commitments at such time, and (zii) the aggregate Outstanding Amount of the Revolving Outstandings Credit Loans of any Lender under the Initial Revolving Credit Facility Lender at such time, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations at such time, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each caseCommitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); and provided, further further, that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share Applicable Revolving Credit Percentage times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Credit Agreement (Post Holdings, Inc.), Credit Agreement (Post Holdings, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 Revolving Facility Percentage of the Outstanding Amount of Revolving Facility Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Facility Commitment; provided that provided, however, that, (x) after giving effect to any Swing Line Loan, (xi) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Facility Credit Facility Exposure shall not exceed the aggregate Initial lower of the total Revolving Credit Commitments Facility Commitment and the Borrowing Base at such time, and (zii) the Revolving Outstandings Facility Credit Exposure of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment Facility Commitment, (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanLoan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it has, or by making of such Swing Line Loan may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.11, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit Facility 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 XxxxxxLender’s Pro Rata Share times Revolving Facility Percentage multiplied by the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Abl Credit Agreement (Constellium Holdco B.V.), Abl Credit Agreement (Constellium Holdco B.V.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) in Dollars to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 Revolving Share of the Outstanding Amount of Revolving Loans and L/C - BA Obligations of the Revolving Lender acting as Swing Line Lender, may exceed the amount of such Revolving Lender’s Revolving Credit Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Aggregate Revolving Credit Commitments Commitments, and (zii) the aggregate Outstanding Amount of the Revolving Outstandings Loans of any Lender under Revolving Lender, plus such Revolving Lender’s Pro Rata Revolving Share of the Initial Outstanding Amount of all L/C - BA Obligations, plus such Revolving Credit Facility Lender’s Pro Rata Revolving Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Revolving Lender’s Revolving Credit Commitment (in each caseCommitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); and provided, further further, that the 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 Borrower may borrow under this Section 2.05, prepay under Section 2.06 2.06, and reborrow under this Section 2.05. Each Swing Line Loan shall be a Base Rate Revolving Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Lender’s Pro Rata Revolving Share times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Credit Agreement (Walter Industries Inc /New/), Credit Agreement (Walter Industries Inc /New/)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 Applicable Percentage of the Outstanding Amount of Revolving Credit Loans of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided provided, however, that (x) after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Credit Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments Facility at such time, and (zii) the Revolving Outstandings Credit Exposure of any Lender under the Initial Revolving Credit Facility Lender shall not exceed such Lender’s Revolving Credit Commitment Commitment, (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanLoan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share Applicable Percentage times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Credit Agreement (Carriage Services Inc), Credit Agreement (Carriage Services Inc)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day (other than the Closing Date) until the Initial Revolver Maturity 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 Outstanding Amount of Dollar Revolving Credit Loans and Dollar L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Dollar Revolving Credit Commitment; provided that that, after giving effect to any Swing Line Loan, (x) the aggregate principal amount Outstanding Amount of outstanding the Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Dollar L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Dollar Revolving Credit Commitment (then in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loaneffect. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05 and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Swing Line Loans shall only be denominated in Dollars. Immediately upon the making of a Swing Line Loan, each Initial Dollar Revolving Credit 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Credit Agreement (LVB Acquisition, Inc.), Credit Agreement (Biolectron, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Parent Borrower from time to time on any Business Day until (other than the Initial Revolver Closing Date) prior to the Maturity 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 Outstanding Amount of Dollar Revolving Credit Loans and Dollar L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Dollar Revolving Credit Commitment; provided that that, after giving effect to any Swing Line Loan, (x) the aggregate principal amount Outstanding Amount of outstanding the Dollar Revolving Credit Loans of any other Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Dollar L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Dollar Revolving Credit Commitment (then in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loaneffect. Within the foregoing limits, and subject to the other terms and conditions hereof, the Parent Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Swing Line Loans shall only be denominated in Dollars. Immediately upon the making of a Swing Line Loan, each Initial Dollar Revolving Credit 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Security Agreement (Clear Channel Communications Inc), Credit Agreement (C C Media Holdings Inc)
The Swing Line. Subject to On the terms and subject to the conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) in Dollars to the Borrower Borrowers from time to time on any Business Day until during the Initial Revolver period from the Closing Date up to but not including the Maturity 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 Effective Amount of Revolving Loans of the Swing Line Lender in its capacity as a Lender of Revolving Loans, may exceed the amount of such Lender’s Revolving Loan Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xi) the aggregate principal amount Effective Amount of outstanding all Revolving Loans, Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility and L/C Obligations shall not exceed the aggregate Initial Total Revolving Credit Commitments Loan Commitment at such time, and (zii) the aggregate Effective Amount of the Revolving Outstandings Loans of any Lender under (other than the Initial Swing Line Lender), plus such Lender’s Revolving Credit Facility Proportionate Share of the Effective Amount of all L/C Obligations, plus such Lender’s Revolving Proportionate Share of the Effective Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment (in each caseLoan Commitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); and provided, further further, that the Borrower Swing Line Lender shall not use the proceeds of make any Swing Line Loan to refinance any an outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Borrowers may borrow under this Section 2.052.03, prepay under Section 2.06 2.06, and reborrow under this Section 2.052.03. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Revolving Proportionate Share times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Guaranty Agreement (American Commercial Lines Inc.), Credit Agreement (American Commercial Lines Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 Outstanding Amount of Revolving Loans and L/C Obligations of the Swing Line Lender in its capacity as a Lender, may exceed the amount of such Swing Line Lender’s Revolving Credit Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xi) the aggregate principal amount Outstanding Amount of outstanding all Revolving Loans, Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility and L/C Obligations shall not exceed the aggregate Initial Aggregate Revolving Credit Commitments Commitments, and (zii) the aggregate Outstanding Amount of the Revolving Outstandings Loans of any Lender under other than the Initial Revolving Credit Facility Swing Line Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment (in each caseCommitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); and provided, further further, that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp)
The Swing Line. (i) Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans denominated in Dollars (each such loan, a “Swing Line Loan”) to the Borrower Borrowers from time to time on any Business Day (other than the Closing Date) until the Initial Revolver Business Day prior to the Maturity Date with respect to the Extended Revolving Credit Facility 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 Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided that after giving effect to any Swing Line Loan, (x) the aggregate principal amount Outstanding Amount of outstanding the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (then in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)effect; provided, provided further that the Borrower Borrowers 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 Borrower Borrowers may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Credit Agreement (Acelity L.P. Inc.), Credit Agreement (Acelity L.P. Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “"Swing Line Loan”") to the Borrower from time to time on any Business Day (other than the Closing Date) until the Initial Revolver Maturity 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 Outstanding Amount of Loans and 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, (x) the aggregate principal amount Outstanding Amount of outstanding the Revolving Credit Loans of any Lender, plus such Lender's Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender's Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s 's Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)Commitment; provided, provided further that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 Xxxxxx’s Lender's Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Assignment and Assumption (Refco Inc.), Assignment and Assumption (Refco Information Services, LLC)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 Applicable Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments Facility at such time, and (zii) the Revolving Outstandings Credit Exposure of any Lender under the Initial Revolving Credit Facility Lender shall not exceed such Lender’s Revolving Credit Commitment Commitment, (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share Applicable Percentage times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Credit Agreement (Del Taco Restaurants, Inc.), Credit Agreement (Del Taco Restaurants, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Citi, in its capacity as Swing Line Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”) to the Borrower ), from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Initial Revolver Maturity Date of the Revolving Credit Facility 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 or other applicable share provided for under this Agreement of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Swing Line Lender’s Revolving Credit Commitment; provided that that, after giving effect to any Swing Line Loan, (xi) the aggregate principal Revolving Credit Exposure (plus the amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yany Protective Advances) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the Line Cap at such time and (ii) the aggregate Initial Outstanding Amount of the Revolving Credit Commitments and (z) the Revolving Outstandings Loans of any Lender (other than the relevant Swing Line Lender), plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed the lesser of (x) such Lender’s Revolving Credit Commitment then in effect and (y) such Lender’s Pro Rata Share of the Borrowing Base then in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)effect; provided, further further, that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Abl Credit Agreement (Prestige Brands Holdings, Inc.), Abl Credit Agreement (Prestige Brands Holdings, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in its sole and absolute discretion and in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 Applicable Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Credit Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the Facility at such time, and (ii) the aggregate Initial Outstanding Amount of the Revolving Credit Commitments and (z) the Revolving Outstandings Loans of any Lender under at such time, plus such Lender’s Applicable Percentage of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations at such time, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each caseCommitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, and provided further that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share Applicable Percentage times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Credit Agreement (Ferrellgas Partners Finance Corp), Security Agreement (Ferrellgas Partners Finance Corp)
The Swing Line. Subject to the terms and conditions set forth herein, the Citi, in its capacity as Swing Line Lender Lender, agrees to make loans in Dollars to the Borrowers (each such loan, a “Swing Line Loan”) to the Borrower ), from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Initial Revolver Maturity Date of the Revolving Credit Facility in an aggregate principal 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 or other applicable share provided for under this Agreement of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Swing Line Lender’s Revolving Credit Commitment; provided that that, after giving effect to any Swing Line Loan, (xi) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility Exposure shall not exceed the aggregate Initial Revolving Credit Commitments and (zii) the aggregate Outstanding Amount of the Revolving Outstandings Credit Loans of any Lender Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment (then in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)effect; provided, further further, that the Borrower Borrowers 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 Borrower Borrowers may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Credit Agreement (Bumble Inc.), Credit Agreement (Bumble Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until the Initial Revolver Maturity Date in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the 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 Borrower may borrow under this Section 2.05, prepay under Section 2.06 and reborrow under this Section 2.05. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
Samples: Credit Agreement (Dun & Bradstreet Holdings, Inc.), Credit Agreement (Dun & Bradstreet Holdings, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, to make loans in Dollars to the US Borrower or Euros to the European Borrower (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit or, in the case of any European Swing Line Loans, the European Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided that provided, however, that, after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Credit Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility at such time and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Revolving Credit Lender at such time, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations at such time, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)Commitment; and provided, further further, that the neither 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 US Borrower and the European Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan to the US Borrower shall be bear interest only at a rate based on the Base Rate LoanRate, and each European Swing Line Loan shall only bear interest as provided in Section 2.08. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share Applicable Revolving Credit Percentage times the amount of such Swing Line Loan. (b).
Appears in 2 contracts
The Swing Line. Subject to the terms and conditions set forth hereinherein (including without limitation the conditions set forth in Section 5.02 hereof), the Swing Line Swingline Lender agrees to make loans in Dollars (each such loan, a “Swing Line Swingline Loan”) in Dollars, to the Borrower Borrowers from time to time on any Business Day until during the Initial Revolver period from the Closing Date to the Revolving Credit Maturity Date in an aggregate amount not to exceed Fifteen Million Dollars ($15,000,000) outstanding at any time outstanding the amount of the Swing Line Sublimittime; provided provided, however, that after giving effect to any Swing Line Swingline Loan, (xi) the aggregate principal outstanding amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial all Revolving Credit Facility Loans, Swingline Loans and Letter of Credit Obligations shall not exceed the aggregate Initial Aggregate Revolving Credit Commitments Committed Amounts of all Lenders and (zii) the aggregate outstanding amount of the Revolving Outstandings Credit Loans of any Lender under other than the Initial Swingline Lender, plus such Revolving Lender’s Pro Rata share of the outstanding amount of all Letter of Credit Facility Obligations, plus such Lender’s Pro Rata share of the outstanding amount of all Swingline Loans shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanCommitted Amount. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Borrowers may borrow under this Section 2.05borrow, prepay under Section 2.06 and reborrow under this Section 2.052.13. To the extent not due and payable earlier, the Swingline Loans shall be due and payable on the Revolving Credit Maturity Date. Each Swing Line Swingline Loan shall be a Base Rate Loanbear interest as set forth in Section 2.14. Immediately upon the making of a Swing Line Swingline Loan, each Initial Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Swingline Lender a risk participation in such Swing Line Swingline Loan in an amount equal to the product of such XxxxxxRevolving Lender’s Pro Rata Share share times the amount of such Swing Line Swingline Loan. (b)The Swingline Loans shall be evidenced by the Swingline Note.
Appears in 1 contract
Samples: Credit Agreement (Norstan Inc)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.01(d), to make loans in Dollars (each such loan, a “"Swing Line Loan”) "), to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Revolving Credit Period 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 Percentage Share of the outstanding amount of Revolving Credit Loans and LC Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender's Revolving Credit Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xA) the sum of the aggregate principal outstanding amount of outstanding the Revolving Credit Loans plus the Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility plus LC Obligations shall not exceed the aggregate Initial Aggregate Revolving Credit Commitments at such time, and (zB) the sum of the aggregate outstanding amount of the Revolving Outstandings Credit Loans of any Lender under (other than the Initial Revolving Credit Facility Swing Line Lender) at such time, plus such Lender's Percentage Share of the outstanding amount of all LC Obligations at such time, plus such Lender's Percentage Share of the outstanding amount of all Swing Line Loans at such time shall not exceed such Lender’s 's Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanCommitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.01(d), prepay under Section 2.06 2.07, and reborrow under this Section 2.052.01(d). Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit Lender (other than the Swing Line 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 Xxxxxx’s Pro Rata Lender's Percentage Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth hereinherein (including without limitation the conditions set forth in Section 4.02), the Swing Line Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower Company from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 Applicable Percentage of the Outstanding Amount of Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Aggregate Commitments at such time, and (zii) the Revolving Outstandings aggregate Outstanding Amount of the Loans of any Lender under at such time, plus such Lender’s Applicable Percentage of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations at such time, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each caseCommitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further and providedfurther that the Borrower 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 Borrower Company may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share Applicable Percentage times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.06, may, in its sole discretion, make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until prior to the Initial Revolver Maturity Revolving 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility Usage shall not exceed the aggregate Initial Aggregate Revolving Credit Commitments at such time, and (zii) the aggregate Outstanding Amount of the Revolving Outstandings Loans of any Revolving Lender under at such time, plus such Revolving Lender’s Applicable Percentage of the Initial Outstanding Amount of all L/C Obligations at such time, plus such Revolving Credit Facility Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanCommitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.06, prepay under Section 2.06 2.08, and reborrow under this Section 2.05. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 Xxxxxx’s Pro Rata Share times the amount of such Swing Line Loan. (b)this
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to may, in its sole discretion, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 Applicable Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the Aggregate Commitments at such time, and (ii) the aggregate Initial Outstanding Amount of the Revolving Credit Commitments and (z) the Revolving Outstandings Loans of any Lender under at such time, plus such Lender’s Applicable Percentage of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations at such time, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each caseCommitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, and provided further that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share Applicable Percentage times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to may in its sole discretion, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 Applicable Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the Aggregate Commitments at such time, and (ii) the aggregate Initial Outstanding Amount of the Revolving Credit Commitments and (z) the Revolving Outstandings Loans of any Lender under at such time, plus such Lender’s Applicable Percentage of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations at such time, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each caseCommitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, and provided further that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share Applicable Percentage times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Assignment and Assumption (C&J Energy Services, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.05, to make loans in Dollars (each such loan, a “Swing Line Loan”) in Dollars or Letter of Credit and Swing Line Offshore Currencies as requested by the Company or a Designated Borrower, to the Company or such Designated Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period in an aggregate amount Dollar Equivalent Amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided provided, however, that after giving effect to any Swing Line Loan, (xi) the aggregate principal amount Outstanding Amount of outstanding all Committed Loans and Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, and L/C Obligations issued or outstanding in Offshore Currencies (yother than euro) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the Offshore Currency Committed Loan, Swing Line Loan and Letter of Credit Sublimit, (ii) the aggregate Initial Revolving Credit Outstanding Amount of all Committed Loans and Swing Line Loans outstanding in Offshore Currencies (other than euro) shall not exceed the Offshore Currency Committed Loan and Swing Line Loan Sublimit, (iii) the Total Outstandings shall not exceed the Aggregate Commitments and (ziv) the Revolving Outstandings aggregate Outstanding Amount of the Committed Loans of any Lender under (including the Initial Revolving Credit Facility Lender acting as the Swing Line Lender), plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment (in each caseCommitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further further, that neither the Company nor any Designated 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 Borrower Company and the Designated Borrowers may borrow under this Section 2.05, prepay under Section 2.06 2.06, and reborrow under this Section 2.05. Each Swing Line Loan advanced in Dollars shall be bear interest at the Base Rate, and each Swing Line Loan advanced in a Base Rate LoanLetter of Credit and Swing Line Offshore Currency shall bear interest at the Offshore Rate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share Applicable Percentage times the amount of such the Swing Line Loan. (b).
Appears in 1 contract
Samples: Credit Agreement (Stryker Corp)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day (other than the Closing Date) until the Initial Revolver Maturity 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 Outstanding Amount of Revolving Credit Loans and Revolving L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided that that, after giving effect to any Swing Line Loan, (x) the aggregate principal amount Outstanding Amount of outstanding the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Revolving L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (then in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loaneffect. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Bank of America, in its capacity as Swing Line Lender agrees to make loans in Dollars to the Parent Borrower (each such loan, a “Swing Line Loan”) to the Borrower ), from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Initial Revolver Maturity Date of the Revolving Credit Facility 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 or other applicable share provided for under this Agreement of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Swing Line Lender’s Revolving Credit Commitment; provided that that, after giving effect to any Swing Line Loan, (xi) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility Exposure shall not exceed the aggregate Initial Revolving Credit Commitments Commitment and (zii) the aggregate Outstanding Amount of the Revolving Outstandings Credit Loans of any Lender (other than the Swing Line Lender in its capacity as such), plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment (then in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)effect; provided, further further, that the Parent 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 Parent Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”"SWING LINE LOAN") to the Borrower Borrowers from time to time on any Business Day (other than the Closing Date) until the Initial Revolver Maturity 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 Outstanding Amount of Loans and 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, (x) the aggregate principal amount Outstanding Amount of outstanding the Revolving Credit Loans of any Lender, plus such Lender's Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender's Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s 's Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)Commitment; provided, provided further that the Borrower Borrowers 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 Borrower Borrowers may borrow under this Section 2.052.04, prepay under Section 2.06 2.05 and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 Xxxxxx’s Lender's Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Credit Agreement (Fidelity National Financial Inc /De/)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Parent Borrower from time to time on any Business Day (other than the Closing Date) until the Initial Revolver Maturity 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 Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided that that, after giving effect to any Swing Line Loan, (x) the aggregate principal amount Outstanding Amount of outstanding the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (then in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loaneffect. Within the foregoing limits, and subject to the other terms and conditions hereof, the Parent Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05 and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Swing Line Loans shall only be denominated in Dollars. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Credit Agreement (Axcan Intermediate Holdings Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, and if an AutoBorrow Agreement is in effect, subject to the terms and conditions of such AutoBorrow Agreement, the Swing Line Lender agrees to may in its sole and absolute discretion, in reliance upon the agreements of the other Lenders set forth in this Section 2.15, make loans in Dollars (each such loanloan and each transfer of funds pursuant to any AutoBorrow Agreement, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period (Revolving) 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 Applicable Revolving Credit Percentage of the Outstanding Amount of the Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Credit Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility at such time, (ii) the Total Revolving Credit Outstandings shall not exceed the Borrowing Base in effect at such time and (iii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Revolving Credit Lender at such time, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations at such time, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each caseCommitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); and provided, further further, that the 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 hereofhereof and, if an AutoBorrow Agreement is in effect, such additional terms and conditions of such AutoBorrow Agreement, the Borrower may borrow under this Section 2.052.15, prepay under Section 2.06 2.04, and reborrow under this Section 2.052.15. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share Applicable Revolving Credit Percentage times the amount of such Swing Line Loan. (b)If an AutoBorrow Agreement is in effect and any of the terms of this Section 2.15(a) conflict with such AutoBorrow Agreement, the terms of such AutoBorrow Agreement shall govern and control. No Lender shall have any rights or obligations under any AutoBorrow Agreement, but each Lender shall have the obligation to purchase and fund risk participations in the Swing Line Loans and to refinance Swing Line Loans as provided in this Agreement. Borrower shall have the sole right to determine whether a Loan is funded as a Swing Line Loan or as a Loan.
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 Outstanding Amount of Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments Aggregate Commitments, and (zii) the Revolving Outstandings aggregate Outstanding Amount of the Committed Loans of any Lender under Lender, plus such Lender’s Pro Rata Share of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment (in each caseCommitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); and provided, further further, that the 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 Borrower may borrow under this Section 2.052.4 above, prepay under Section 2.06 2.5, and reborrow under this Section 2.052.4 above. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.13(a), to make loans in Dollars (each such loan, a “Swing Line Loan”) ), to the Borrower Company from time to time on any Business Day until during the Initial Revolver Maturity period from the Effective Date to the 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 outstanding amount of Revolving Credit Loans and LC Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xA) the sum of the aggregate principal outstanding amount of outstanding the Revolving Credit Loans plus the Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility plus LC Obligations shall not exceed the aggregate Initial Commitments at such time, and (B) the sum of the aggregate outstanding amount of the Revolving Credit Commitments and (z) the Revolving Outstandings Loans of any Lender under at such time, plus such Lender’s Pro Rata Share of the Initial Revolving Credit Facility outstanding amount of all LC Obligations at such time, plus such Lender’s Pro Rata Share of the outstanding amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanCommitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Company may borrow under this Section 2.052.13(a), prepay under Section 2.06 2.04(b)(iii), and reborrow under this Section 2.052.13(a). Each Swing Line Loan shall be bear interest at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to On the terms and subject to the conditions set forth herein, the Swing Line Lender agrees to shall make loans in Dollars (each such loan, a “Swing Line Loan”) in Dollars to the Borrower from time to time on any Business Day until during the Initial Revolver period from the Closing Date up to but not including the Revolving Loan Maturity 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 Effective Amount of Revolving Loans of the Swing Line Lender in its capacity as a Revolving Lender of Revolving Loans, may exceed the amount of such Revolving Lender’s Revolving Loan Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xi) the aggregate principal amount Effective Amount of outstanding all Revolving Loans, Swing Line Loans made by and L/C Obligations shall not exceed the Total Revolving Loan Commitment at such time, and (ii) the aggregate Effective Amount of the Revolving Loans of any Revolving Lender (other than the Swing Line Lender), plus such Revolving Lender’s Total Lender Risk Participation shall not exceed such Revolving Lender’s Revolving Loan Commitment, and provided, further, that the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of make any Swing Line Loan to refinance any an outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.03, prepay under Section 2.06 2.06, and reborrow under this Section 2.052.03. Each Swing Line Loan shall be a Base Rate LoanLoan (and shall accrue interest as a Base Rate Loan in the same manner as a Base Rate Loans as set forth in Section 2.01(d)). Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Lender’s Pro Rata Revolving Proportionate Share times the amount of such Swing Line Loan. (bFurthermore, if there at any time exists a Defaulting Lender, unless such Xxxxxx’s Fronting Exposure has been reallocated to other Lenders in accordance with Section 2.16(a), before making any Swing Line Loans, the Swing Line Lender may condition the provision of such Swing Line Loans on its entering into arrangements satisfactory to the Swing Line Lender with the Borrower or such Defaulting Lender to eliminate the Swing Line Lender’s Fronting Exposure.
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.13(a), to make loans in Dollars (each such loan, a “Swing Line Loan”) ), to the Borrower Company from time to time on any Business Day until during the Initial Revolver Maturity period from the Effective Date to the 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 outstanding amount of Revolving Credit Loans and LC Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xA) the sum of the aggregate principal outstanding amount of outstanding the Revolving Credit Loans plus the Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility plus LC Obligations shall not exceed the aggregate Initial Commitments at such time, and (B) the sum of the aggregate outstanding amount of the Revolving Credit Commitments and (z) the Revolving Outstandings Loans of any Lender under at such time, plus such Lender’s Pro Rata Share of the Initial Revolving Credit Facility outstanding amount of all LC Obligations at such time, plus such Lender’s Pro Rata Share of the outstanding amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanCommitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Company may borrow under this Section 2.052.13(a), prepay under Section 2.06 2.04(b)(iii), and reborrow under this Section 2.052.13(a). Each Swing Line Loan shall be bear interest at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share times the amount of such Swing Line Loan. (b)Notwithstanding anything to the contrary contained herein, the Swingline Lender shall not at any time be obligated to make any Swingline Loan hereunder if any Lender is at such time a Defaulting Lender, unless the Company has entered into arrangements satisfactory to the Swingline Lender to eliminate the Swingline Lender’s risk with respect to such Lender. Second Amended and Restated Credit Agreement – BreitBurn Operating L.P.
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the DBNY, in its capacity as Swing Line Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”) to the Borrower ), from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Initial Revolver then latest Maturity Date ofwith respect to the Revolving Credit FacilityCommitments 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 or other applicable share provided for under this Agreement of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Swing Line Lender’s Revolving Credit Commitment; provided that that, after giving effect to any Swing Line Loan, (xi) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility Exposure shall not exceed the aggregate Initial Revolving Credit Commitments CommitmentCommitments and (zii) the aggregate Outstanding Amount of the Revolving Outstandings Credit Loans of any Lender (other than the relevant Swing Line Lender), plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment (then in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)effect; provided, further further, that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow re-borrow under this Section 2.052.04 without premium or penalty (subject to Section 3.05). Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to may, in its sole discretion, make loans in Dollars (each such loan, a “"Swing Line Loan”") to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 plus the Pro Rata Share of the Outstanding Amount of Committed Loans and 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, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments Aggregate Commitments, and (zii) the Revolving Outstandings aggregate Outstanding Amount of the Committed Loans of any Lender under plus such Lender's Pro Rata Share of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations and Swing Line Loans shall not exceed the amount of such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan's Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05 and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 Xxxxxx’s Lender's Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Credit Agreement (Proquest Co)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until the Initial Revolver Maturity 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 Outstanding Amount of Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xi) the Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the aggregate principal amount Outstanding Amount of outstanding the Revolving Credit Loans of any Revolving Credit Lender, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations at such time, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender at such time shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)Commitment; provided, further further, that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share times the amount of such Swing Line Loan. (b)91 Syniverse Credit Agreement
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.01(c), to make loans in Dollars (each such loan, a “Swing Line Loan”) ), to the Borrower from time to time on any Business Day until prior to the Initial Revolver Maturity 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 outstanding amount of Revolving Credit Loans and LC Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Pro Rata Share of the Available Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xA) the sum of the aggregate principal outstanding amount of outstanding the Revolving Credit Loans plus the Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility plus LC Obligations shall not exceed the Available Commitment at such time, and (B) the sum of the aggregate Initial outstanding amount of the Revolving Credit Commitments and (z) the Revolving Outstandings Loans of any Lender under (other than the Initial Revolving Credit Facility Swing Line Lender) at such time, plus such Lender’s Pro Rata Share of the outstanding amount of all LC Obligations at such time, plus such Lender’s Pro Rata Share of the outstanding amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking Pro Rata Share of the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanAvailable Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.01(c), prepay under Section 2.06 2.04, and reborrow under this Section 2.052.01(c). Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit Lender (other than the Swing Line 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Credit Agreement (Midstates Petroleum Company, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees Lenders agree to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower Company from time to time on any Business Day until the Initial Revolver 2014 Maturity 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 Outstanding Amount of Multicurrency Revolving Credit Loans and L/C Obligations of any Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Aggregate Revolving Credit Commitments and (zy) the aggregate Outstanding Amount of the Multicurrency Revolving Outstandings Credit Loans of any Lender under Lender, plus such Lender’s Pro Rata Share of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Multicurrency Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)Commitment; provided, provided further that the Borrower 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 Borrower Company may borrow under this Section 2.05, prepay under Section 2.06 and reborrow under this Section 2.05. Each Swing Line Loan shall be (i) for the first three Business Days that it remains outstanding, a Specified Rate Loan and (ii) thereafter, a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Multicurrency Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender Lenders a risk participation in such Swing Line Loan in an amount equal to the product of such XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Fidelity National Information Services, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, shall make loans in Dollars (each such loan, a “Swing Line Loan”) in Dollars to the Borrower Borrowers from time to time on any Business Day on or after the Restatement Effective Date until the Initial Revolver Maturity Date of the Revolving Credit Facility in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line SublimitSublimit by transferring immediately available funds in the amount of such Borrowing to the Designated Account, notwithstanding the fact that such Swing Line Loans, when aggregated with the Pro Rata Share of the Outstanding Amount of Loans and L/C Obligations of the Revolving Credit Lender acting as the Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xi) the Total Outstandings shall not exceed the lesser of the Aggregate Commitments and, subject to Section 2.02(h) and (i), the Borrowing Base at such time and (ii) the aggregate principal amount Outstanding Amount of outstanding the Revolving Credit Loans of any Revolving Credit Lender, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations at such time, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender at such time shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)Commitment; provided, further further, that the Borrower Borrowers 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 Borrower Borrowers may borrow under this Section 2.052.04, prepay under Section 2.06 2.05 and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Abl Credit Agreement (GMS Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 1.5, to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower Borrowers from time to time on any Business Day until the Initial Revolver Maturity Date in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided provided, however, that after giving effect to any Swing Line Loan, (xi) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility Outstandings shall not exceed the aggregate Initial Revolving Credit Commitments Facility at such time, and (zii) the aggregate outstanding amount of the Revolving Outstandings Credit Loans of any Lender under at such time, plus such Lender’s Percentage of the Initial Revolving outstanding amount of all Letter of Credit Facility Liabilities at such time, plus such Lender’s Percentage of the outstanding amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each caseCommitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, and provided further that the Borrower Borrowers 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 Borrower Borrowers may borrow under this Section 2.051.5, prepay under Section 2.06 2.2, and reborrow under this Section 2.051.5. Each Swing Line Loan shall be a Base Rate LoanLoan which shall mature on the earlier of (A) the fifteenth day after such Loan was made and (B) the Revolving Credit Termination Date. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share Percentage times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Bank of America, N.A., in its capacity as Swing Line Lender Lender, agrees to make loans in Dollars to the Company (each such loan, a “Swing Line Loan”) to the Borrower ), from time to time on any Business Day during the period beginning on the Business Day after the Amendment No. 1 Effective Date and until the Initial Revolver Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, provided that such Swing Line Loans, when aggregated with the Pro Rata Share or lxxxvi LEGAL02/43062751v1 other applicable share provided for under this Agreement of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, shall not exceed the amount of such Swing Line Lender’s Revolving Credit Commitment; provided that that, after giving effect to any Swing Line Loan, (xi) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility Exposure shall not exceed the aggregate Initial Revolving Credit Commitments and (zii) the aggregate Outstanding Amount of the Revolving Outstandings Credit Loans of any Lender Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment (then in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)effect; provided, further further, that the Borrower 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 Borrower Company may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 Xxxxxx’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until the Initial Revolver Maturity 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 Outstanding Amount of Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xi) the Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the aggregate principal amount Outstanding Amount of outstanding the Revolving Credit Loans of any Revolving Credit Lender, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations at such time, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender at such time shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)Commitment; provided, further further, that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share times the amount of such Swing Line Loan. (b)Notwithstanding anything contained in this Section 2.04(a) to the contrary, each Non-Extending Revolving Credit Lender’s participations in Swing Line Loans that expire after the Initial Revolver Maturity Date shall terminate upon the Initial Revolver Maturity Date, and the participations of the Extending Revolving Credit Lenders shall be automatically adjusted to give effect to the Pro Rata Shares of the Extending Revolving Credit Lenders in the Revolving Credit Facility after giving effect to the Initial Revolver Maturity Date.
Appears in 1 contract
Samples: Assignment and Assumption (Michael Foods Group, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Bank of America, in its capacity as Swing Line Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”) to the Borrower ), from time to time on any Business Day during the period beginning on the Business Day after the Original Closing Date and until the Initial Revolver Maturity Date of the Revolving Credit Facility 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 or other applicable share provided for under this Agreement of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Swing Line Lender’s Revolving Credit Commitment; provided that that, after giving effect to any Swing Line Loan, (xi) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility Exposure shall not exceed the aggregate Initial Revolving Credit Commitments Commitment and (zii) the aggregate Outstanding Amount of the Revolving Outstandings Credit Loans of any Lender (other than the relevant Swing Line Lender), plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment (then in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)effect; provided, further further, that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate LoanLoan and bear interest at the Blended Base Rate Loan Interest Rate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.13(a), may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) ), to the Borrower Company from time to time on any Business Day until during the Initial Revolver Maturity period from the Interim Facility Effective Date to the 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 outstanding amount of Revolving Credit Loans and LC Obligations of the Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xA) the sum of the aggregate principal outstanding amount of outstanding the Revolving Credit Loans plus the Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility plus LC Obligations shall not exceed the aggregate Initial Commitments at such time, (B) the sum of the aggregate outstanding amount of the Revolving Credit Commitments and (z) the Revolving Outstandings Loans of any Lender under at such time, plus such Lender’s Pro Rata Share of the Initial Revolving Credit Facility outstanding amount of all LC Obligations at such time, plus such Lender’s Pro Rata Share of the outstanding amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment Commitment, (in each case, taking C) the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (D) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Swing Line Loan may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Company may borrow under this Section 2.052.13(a), prepay under Section 2.06 2.04(c)(iii), and reborrow under this Section 2.052.13(a). Each Swing Line Loan shall be bear interest at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b)Notwithstanding anything to the contrary contained herein, the Swing Line Lender shall not at any time be obligated to make any Swing Line Loan hereunder if any Lender is at such time a Defaulting Lender, unless the Company has entered into arrangements satisfactory to the Swing Line Lender to eliminate the Swing Line Lender’s risk with respect to such Lender.
Appears in 1 contract
The Swing Line. Subject to On the terms and subject to the conditions set forth herein, the Swing Line Lender agrees to shall make loans in Dollars (each such loan, a “Swing Line Loan”) in Dollars to the Borrower from time to time on any Business Day until during the Initial Revolver period from the Closing Date up to but not including the Maturity 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 Effective Amount of Revolving Loans of the Swing Line Lender in its capacity as a Lender of Revolving Loans, may exceed the amount of such Lender’s Revolving Loan Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xi) the aggregate principal amount Effective Amount of outstanding all Revolving Loans, Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility and L/C Obligations shall not exceed the aggregate Initial Total Revolving Credit Commitments Loan Commitment at such time, and (zii) the aggregate Effective Amount of the Revolving Outstandings Loans of any Lender under (other than the Initial Swing Line Lender), plus such Lender’s Revolving Credit Facility Proportionate Share of the Effective Amount of all L/C Obligations, plus such Lender’s Revolving Proportionate Share of the Effective Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment (in each caseLoan Commitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); and provided, further further, that the Borrower Swing Line Lender shall not use the proceeds of make any Swing Line Loan to refinance any an outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.03, prepay under Section 2.06 2.06, and reborrow under this Section 2.052.03. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Revolving Proportionate Share times the amount of such Swing Line Loan. Furthermore, before making any Swing Line Loans (if at such time any Lender is a Deteriorating Lender), the Swing Line Lender may condition the provision of such Swing Line Loans on its receipt of Cash Collateral or similar security satisfactory to the Swing Line Lender (in its sole discretion) from either the Borrower or such Deteriorating Lender in respect of such Deteriorating Lender’s risk participation in such Swing Line Loans as set forth below. The Borrower and/or such Deteriorating Lender hereby grants to the Administrative Agent, for the benefit of the Swing Line Lender, a security interest in all such Cash Collateral and all proceeds of the foregoing. Cash Collateral shall be maintained in blocked, non-interest bearing deposit accounts at Xxxxx Fargo and may be invested in Cash Equivalents reasonably acceptable to the Administrative Agent. Such accounts must be subject to control agreements pursuant to which the Administrative Agent has “control,” as such term is used in the Uniform Commercial Code, sufficient to perfect on a first priority basis a security interest in such cash collateral. If at any time the Administrative Agent determines that any funds held as Cash Collateral are subject to any right or claim of any Person other than the Administrative Agent or that the total amount of such funds is less than the aggregate risk participation of such Deteriorating Lender in the relevant Swing Line Loan, the Borrower and/or such Deteriorating Lender will, promptly upon demand by the Administrative Agent, pay to the Administrative Agent, as additional funds to be deposited as Cash Collateral, an amount equal to the excess of (x) such aggregate risk participation over (y) the total amount of funds, if any, then held as Cash Collateral that the Administrative Agent determines to be free and clear of any such right and claim. At such times there are Swing Ling Loans outstanding for which funds are on deposit as Cash Collateral, such funds shall be applied as and when determined by the Swing Line Lender, to the extent permitted under applicable Governmental Approvals, to reimburse and otherwise pay the applicable obligations owing to the Swing Line Lender. The Lien held by the Administrative Agent in such Cash Collateral to secure the Obligations shall be released upon the earlier of (a) the date such Deteriorating Lender is replaced with a replacement Lender pursuant to Section 2.15 and (b)) the date each of the following conditions is satisfied: (i) no Swing Line Loans shall be outstanding, (ii) all Swing Line Loans shall have been repaid in full and (iii) no Default shall have occurred and be continuing.
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day (other than the Closing Date) until the Initial Revolver Maturity 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 Outstanding Amount of Dollar Revolving Credit Loans and Dollar L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Swing Line Lender’s Dollar Revolving Credit Commitment; provided that that, after giving effect to any Swing Line Loan, (x) the aggregate principal amount Outstanding Amount of outstanding the Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Dollar L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Dollar Revolving Credit Commitment (then in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loaneffect. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05 and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Swing Line Loans shall only be denominated in Dollars. Immediately upon the making of a Swing Line Loan, each Initial Dollar Revolving Credit 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Credit Agreement (Alltel Corp)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees may in reliance upon the agreements of the other Lenders set forth in this Section 2.03, (x) pursuant to the Revolving Credit Facility, make loans in Dollars Dollars, Sterling or Euros to the Borrower (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until on or after the Initial Revolver Maturity Closing Date and during the Availability Period 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 Applicable Percentage of the Outstanding Amount of Revolving Loans of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility at such time, (ii) the aggregate Outstanding Amount of the Revolving Loans of any Revolving Lender at such time, plus such Revolving Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment and (iii) the aggregate Outstanding Amount of Revolving Loans and Swing Line Loans in each case, taking Alternative Currencies shall not exceed the Non-U.S. Dollar Equivalent of all amounts in an Alternate Currency)Sublimit; and provided, further further, that the 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 Borrower may borrow under this Section 2.052.03, prepay under Section 2.06 2.04, and reborrow under this Section 2.052.03. Each Swing Line Loan (other than an Alternative Currency Swing Line Loan) to the Borrower shall be bear interest only at a rate based on the Base Rate LoanRate, and each Alternative Currency Swing Line Loan shall only bear interest as provided in Section 2.07. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Lender’s Pro Rata Share Applicable Percentage times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Credit Agreement (Colfax CORP)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.12(a), to make loans in Dollars (each such loan, a “Swing Line Loan”) ), to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity period from May [ ], 2018 to the Revolving 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 Percentage Share of the outstanding amount of the Loans and LC Exposure of the Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xA) the sum of the aggregate principal outstanding amount of the Loans (including the Swing Line Loans) plus LC Exposure shall not exceed the Aggregate Commitments at such time, and (B) the sum of the aggregate outstanding amount of the Loans of any Lender at such time (other than Swing Line Loans made by of the Swing Line Lender shall not exceed such made in its capacity as the Swing Line Lender), plus such Lender’s Percentage Share of the outstanding amount of all LC Exposure at such time, plus such Lender’s Percentage Share of the outstanding amount of all risk participations in Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanCommitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.12(a), prepay under Section 2.06 2.12(c)(i) and reborrow under this Section 2.052.12(a); provided that in no event shall there be more than one submitted notice of Swing Line Loan borrowing or non-automatic prepayment per calendar week (for the avoidance of doubt, the forgoing shall not apply to automatic borrowings and prepayments as set forth in Section 2.12(g) or refinancings pursuant to Section 2.12(c)(ii). Each Swing Line Loan shall be bear interest at a rate based on the Base Rate Loanplus the Applicable Margin. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Percentage Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to shall make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower Borrowers from time to time on any Business Day until the Initial Revolver Maturity 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 Outstanding Amount of Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xi) subject to Sections 2.01(c) and (d), the Total Revolving Credit Outstandings shall not exceed the Line Cap at such time and (ii) the aggregate principal amount Outstanding Amount of outstanding the Revolving Credit Loans of any Revolving Credit Lender, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations at such time, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender at such time shall not exceed such Revolving Credit Lender’s (other than the Swing Line Lender’s Swing Line Commitment, (yLenders’) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (in each caseCommitment; provided further, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower Borrowers 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 Borrower Borrowers may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share times of the Revolving Credit Facility multiplied by the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, shall make loans in Dollars (each such loan, a “Swing Line Loan”) in Dollars to the Borrower Borrowers from time to time on any Business Day on or after the Closing Date until the Initial Revolver Maturity Date of the Revolving Credit Facility 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 Outstanding Amount of Loans and L/C Obligations of the Revolving Credit Lender acting as the Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xi) the Total Outstandings shall not exceed the lesser of the Line Cap and, subject to Section 2.02(h), the Borrowing Base at such time and (ii) the aggregate principal amount Outstanding Amount of outstanding the Revolving Credit Loans of any Revolving Credit Lender, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations at such time, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender at such time shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)Commitment; provided, further further, that the Borrower Borrowers 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 Borrower Borrowers may borrow under this Section 2.052.04, prepay under Section 2.06 2.05 and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Intellectual Property Security Agreement (GMS Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower Company, in Dollars, from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided that provided, that, (i) after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Aggregate Revolving Commitments, (ii) after giving effect to any Swing Line Loan, the Revolving Credit Commitments and (z) the Revolving Outstandings Exposure of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Commitment, (iii) after giving effect to any Swing Line Loan, the sum of (without duplication) (A) the Revolving Credit Commitment Exposure of the Swing Line Lender, plus (in each case, taking B) the Dollar Equivalent Outstanding Amount of all amounts in an Alternate Currency); providedSwing Line Loans, further that shall not exceed the Borrower Swing Line Lender’s Commitment, (iv) the Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (v) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Company may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loanbear interest at the rate per annum specified in Section 2.08(a)(iii). Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share Applicable Percentage times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Credit Agreement (Workday, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until the Initial Revolver Maturity Date in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the 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 Borrower may borrow under this Section Section 2.05, prepay under Section Section 2.06 and reborrow under this Section Section 2.05. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, shall make loans in Dollars (each such loan, a “Swing Line Loan”) under either the Dollar Tranche or the Multicurrency Tranche to the Borrower Borrowers (on a joint and several basis) from time to time on any Business Day until the Initial Revolver Maturity 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 under such Tranche, when aggregated with the Pro Rata Share of the Outstanding Amount of Loans and L/C Obligations under such Tranche of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit US-DOCS\90330440.2103232196.9 Commitment under such Tranche; provided provided, however, that after giving effect to any Swing Line Loan, (xi) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility and (ii) the aggregate principal amount Outstanding Amount of outstanding the Revolving Credit Loans of any Revolving Credit Lender under the applicable Tranche, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations under such Tranche at such time, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender under such Tranche at such time shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)under such Tranche; provided, further further, that the Borrower Borrowers 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 Borrower Borrowers may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line LoanLoan under any Tranche, each Initial Revolving Credit Lender under such Tranche 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 XxxxxxRevolving Credit Lender’s Pro Rata Share times of such Tranche multiplied by the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “"Swing Line Loan”") to the Borrower Avnet from time to time on any Business Day until during the Initial Revolver period from the Closing Date to the Maturity 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 Dollar Equivalent of the Outstanding Amount of Committed Loans of the Swing Line Lender in its capacity as a Lender of Committed Loans, may exceed the amount of such Lender's Commitment; provided provided, however, that after giving effect to any Swing Line Loan, the Dollar Equivalent of (xi) the aggregate principal amount Outstanding Amount of outstanding Swing Line all Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility and L/C Obligations shall not exceed the aggregate Initial Revolving Credit Commitments Aggregate Commitments, and (zii) the Revolving Outstandings aggregate Outstanding Amount of the Committed Loans of any Lender under Lender, plus such Lender's Pro Rata Share of L/C Obligations and the Initial Revolving Credit Facility Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan's Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Avnet may borrow under this Section 2.052.03, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.03; provided, however, that the Swing Line Lender may terminate or suspend the Swing Line at any time in its sole discretion upon five Business Days' notice to Avnet. Each Swing Line Loan shall be a Base Rate Loan. Each Swing Line Loan made hereunder shall be payable upon demand therefor by the Swing Line Lender. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 Xxxxxx’s Lender's Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Credit Agreement (Avnet Inc)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.01(c), to make loans in Dollars (each such loan, a “Swing Line Loan”) ), to the Borrower from time to time on any Business Day until prior to the Initial Revolver Maturity 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 outstanding amount of Revolving Credit Loans and LC Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Pro Rata Share of the Available Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (xA) the sum of the aggregate principal outstanding amount of outstanding the Revolving Credit Loans plus the Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility plus LC Obligations shall not exceed the Available Commitment at such time, and (B) the sum of the aggregate Initial outstanding amount of the Revolving Credit Commitments and (z) the Revolving Outstandings Loans of any Lender under (other than Swing Line Lender) at such time, plus such Lender’s Pro Rata Share of the Initial Revolving Credit Facility outstanding amount of all LC Obligations at such time, plus such Lender’s Pro Rata Share of the outstanding amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking Pro Rata Share of the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanAvailable Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.01(c), prepay under Section 2.06 2.04, and reborrow under this Section 2.052.01(c). Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit Lender (other than Swing Line 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Credit Agreement (Midstates Petroleum Company, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees Lender, in its sole and absolute discretion, may, in reliance upon the agreements of the other Lenders set forth in this Section 2.17, to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Commitment Period 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 Swing Line Lender’s Percentage Share of the outstanding principal balance of Swing Line Lender’s Revolving Loans, may exceed the amount of the Swing Line Lender’s Commitment; provided provided, however, that (i) after giving effect to any Swing Line Loan, (x) the aggregate sum of the Facility Usage and the principal amount of the SG Obligations then outstanding Swing Line Loans made by does not exceed the lesser of the Aggregate Commitment or the Borrowing Base as of the date on which the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, Loan is to be made; (yii) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan; and (iii) the Swing Line Lender shall have no obligation to make any Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.052.17, prepay under Section 2.06 2.6 and reborrow under this Section 2.052.17. Each Swing Line Loan shall be a bear interest at the Adjusted Base Rate Loanand all outstanding Swing Line Loans shall be due and payable in full on the fifth and the twentieth day of each calendar month. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Percentage Share times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until the Initial Revolver Maturity Date applicable to the Revolving Credit Facility 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 (determined on the basis of the aggregate amount of its Revolving Credit Commitment as a percentage of the Aggregate Revolving Credit Commitments) of the Outstanding Amount of Revolving Credit Loans of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided that that, after giving effect to any Swing Line Loan, (x) the aggregate principal Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share (determined on the basis of the aggregate amount of outstanding its Revolving Credit Commitment as a percentage of the Aggregate Revolving Credit Commitments) of the Outstanding Amount of all Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (then in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency)effect; provided, provided further that the 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 Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Swing Line Loans shall only be denominated in Dollars. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share (determined on the basis of the aggregate amount of its Revolving Credit Commitment as a percentage of the Aggregate Revolving Credit Commitments) times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Credit Agreement (Travelport LTD)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, shall make loans in Dollars (each such loan, a “Swing Line Loan”) to the any Borrower from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 Applicable Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Aggregate Commitments and at such time, (zii) the Revolving Outstandings Credit Exposure of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment and (in each caseiii) the Total Working Capital Outstandings shall not exceed the Borrowing Base; and provided further, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the (y) no Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanLoan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the any Borrower may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share Applicable Percentage times the amount of such Swing Line Loan. (b).
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day until the Initial Revolver Maturity Date in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the 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 Borrower may borrow under this Section Section 2.05, prepay under Section Section 2.06 and reborrow under this Section Section 2.05. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 Xxxxxx’s Pro Rata Share times the amount of such Swing Line Loan. (b)85
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth hereinherein (including without limitation the conditions set forth in Section 5.02 hereof), the Swing Line Swingline Lender agrees to make loans in Dollars (each such loan, a “Swing Line Swingline Loan”) in Dollars, to the Borrower Borrowers from time to time on any Business Day until during the Initial Revolver period from the Closing Date to the Revolving Credit Maturity Date in an aggregate amount not to exceed Twenty Million Dollars ($20,000,000) outstanding at any time outstanding the amount of the Swing Line Sublimittime; provided provided, however, that after giving effect to any Swing Line Swingline Loan, (xi) the aggregate principal outstanding amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Outstandings with respect to the Initial all Revolving Credit Facility Loans, Swingline Loans and Letter of Credit Obligations shall not exceed the aggregate Initial Aggregate Revolving Credit Commitments Committed Amounts of all Lenders and (zii) the aggregate outstanding amount of the Revolving Outstandings Credit Loans of any Lender under other than the Initial Swingline Lender, plus such Revolving Lender’s Pro Rata share of the outstanding amount of all Letter of Credit Facility Obligations, plus such Lender’s Pro Rata share of the outstanding amount of all Swingline Loans shall not exceed such Lender’s Revolving Credit Commitment (in each case, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanCommitted Amount. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Borrowers may borrow under this Section 2.05borrow, prepay under Section 2.06 and reborrow under this Section 2.052.13. To the extent not due and payable earlier, the Swingline Loans shall be due and payable on the Revolving Credit Maturity Date. Each Swing Line Swingline Loan shall be a Base Rate Loanbear interest as set forth in Section 2.14. Immediately upon the making of a Swing Line Swingline Loan, each Initial Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Swingline Lender a risk participation in such Swing Line Swingline Loan in an amount equal to the product of such XxxxxxRevolving Lender’s Pro Rata Share share times the amount of such Swing Line Swingline Loan. (b)The Swingline Loans shall be evidenced by the Swingline Note.
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Samples: Credit Agreement (Black Box Corp)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may, in its sole discretion, make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower Company in Dollars from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period in an aggregate principal 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 Outstanding Amount of Revolving Loans and L/C Obligations of the Swing Line Lender in its capacity as a Lender of Revolving Loans, may exceed the amount of such Lender’s Revolving Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Aggregate Revolving Credit Commitments or, if applicable, the 2005 Senior Note Limit, and (zii) except as set forth above, the aggregate Outstanding Amount of the Revolving Outstandings Loans of any Lender under Lender, plus such Lender’s Pro Rata Share of the Initial Revolving Credit Facility Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment (in each caseCommitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); and provided, further further, that the Borrower 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 Borrower Company may borrow under this Section 2.052.04, prepay under Section 2.06 2.05, and reborrow under this Section 2.052.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share times the amount of such Swing Line Loan. (b).
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The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04 , to make loans in Dollars (each such loan, a ““ Swing Line LoanLoan ”) to the Borrower Company from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided , however , that after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yi) the Total Revolving Credit Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments and (z) the Revolving Outstandings of any Lender under the Initial Revolving Credit Facility at such time, (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Revolving Credit Lender (including the Swing Line Lender) at such time, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations at such time, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment and (in each caseiii) the aggregate Outstanding Amount under the Swingline Facility shall not exceed the aggregate amount of Swingline Lender’s unused Revolving Credit Commitment, taking the Dollar Equivalent of all amounts in an Alternate Currency); provided, and provided further that the Borrower 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 Borrower Company may borrow under this Section 2.052.04 , prepay under Section 2.06 2.05 , and reborrow under this Section 2.052.04 . Each Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxRevolving Credit Lender’s Pro Rata Share Applicable Revolving Credit Percentage times the amount of such Swing Line Loan. (b)Notwithstanding anything to the contrary contained in this Section 2.04 or elsewhere in this Credit Agreement, the Swing Line Lender shall not be obligated to make any Swing Line Loan at a time when a Revolving Credit Lender is a Defaulting Lender unless the Swing Line Lender has entered into arrangements satisfactory to it to eliminate the Swing Line Lender’s risk with respect to the Defaulting Lender’s or Defaulting Lenders’ participation in such Swing Line Loans.
Appears in 1 contract
Samples: Credit Agreement (Madison Square Garden Entertainment Corp.)
The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender agrees to Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion, make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower U.S. Borrowers from time to time on any Business Day until during the Initial Revolver Maturity Date Availability Period 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 Applicable Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided that provided, that, (i) after giving effect to any Swing Line Loan, (x) the aggregate principal amount of outstanding Swing Line Loans made by the Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (yA) the Total Revolving Credit Outstandings with respect to the Initial Revolving Credit Facility shall not exceed the aggregate Initial Revolving Credit Commitments Facility at such time, and (zB) the Revolving Outstandings Credit Exposure of any Lender under the Initial Revolving Credit Facility shall not exceed such Lender’s Revolving Credit Commitment Commitment, (in each case, taking ii) the Dollar Equivalent of all amounts in an Alternate Currency); provided, further that the Borrower U.S. Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanLoan and (iii) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower U.S. Borrowers may borrow Swing Line Loans under this Section 2.04, prepay Swing Line Loans under Section 2.05, prepay under Section 2.06 and reborrow Swing Line Loans under this Section 2.05. Each Swing Line Loan shall be a Base Rate Loan2.04. Immediately upon the making of a Swing Line Loan, each Initial Revolving Credit 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 XxxxxxLender’s Pro Rata Share Applicable Percentage times the amount of such Swing Line Loan. (b).
Appears in 1 contract
Samples: Credit Agreement (GENTHERM Inc)
