Common use of The Swingline Loans Clause in Contracts

The Swingline Loans. (i) The Swingline Lender agrees, on the terms and conditions hereinafter set forth, to make Swingline Loans to the Borrower on any Business Day during the period from the Closing Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the Swingline Amount; provided, however, (x) each Swingline Loan shall be made and maintained as a Base Rate Loan and (y) that after giving effect to any Swingline Borrowing, the aggregate principal amount of all outstanding Swingline Loans, together with the aggregate principal amount of all outstanding Revolving Loans plus the aggregate amount of all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), shall not exceed the Aggregate Revolving Commitment. Within such limits, and subject to the other terms and conditions hereof, the Borrower may borrow Swingline Loans under this Section 2.01(d), prepay pursuant to Section 2.06 or 2.07(a) and reborrow pursuant to this Section 2.01(d). Notwithstanding the foregoing, the Swingline Lender shall not be obligated to make any Swingline Loans at a time when a Lender Default exists unless the Swingline Lender has entered into arrangements satisfactory to it and the Borrower to eliminate the Swingline Lender's risk with respect to the Defaulting Lender's or Lenders' participation in such Swingline Loans, including by Cash Collateralizing such Defaulting Lender's or Lenders' Revolving Commitment Percentage of the outstanding Swingline Loans.

The Swingline Loans. (i) The From the date hereof through but not including the Swingline Lender agreesExpiry Date, on and subject to the terms and conditions hereinafter set forth, upon notice by the Co-Borrowers made to the Swingline Lender in accordance with Section 2.5.2 hereof, the Swingline Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.5, to make Swingline Loans to the Borrower Co-Borrowers from time to time in Dollars on any Business Day during the period from the Closing Date to the Revolving Termination Date, in an aggregate principal amount not to exceed at any time outstanding the Swingline Amount; provided, however, (x) each Sublimit. Each Swingline Loan shall be made in a minimum amount equal to $250,000 or a multiple of $100,000 in excess thereof. Notwithstanding any other provisions of this Credit Agreement and maintained in addition to the limit set forth above, at no time shall (a) the Dollar Equivalent of the Total Facility Usage (after giving affect to all amounts requested) exceed the lesser of (i) the Total Commitment or (ii) the Aggregate Borrowing Base as a Base Rate Loan and then in effect, or (b) the sum of the Dollar Equivalent of (x) the Co-Borrower Loans outstanding, plus (y) that the LC Exposure in respect of Letters of Credit issued for the account of the Co-Borrowers, plus (z) the Swingline Loans outstanding (after giving effect to all amounts requested), exceed the lesser of (x) the Total Commitment or (y) the Domestic Borrowing Base as then in effect. The Swingline Loans are being made available for the administrative convenience of the Co-Borrowers, the Swingline Lender and the Lenders. Notwithstanding any other provisions of this Credit Agreement, the Swingline Lender shall not advance any Swingline Borrowing, the aggregate principal amount Loans if a Default or Event of all outstanding Swingline Loans, together Default has occurred until such Default or Event of Default has been cured or waived in accordance with the aggregate principal amount provisions of all outstanding Revolving Loans plus the aggregate amount of all outstanding Letter of this Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), shall not exceed the Aggregate Revolving CommitmentAgreement. Within such limits, and subject to the other terms and conditions hereof, the Borrower may borrow Swingline Loans under this Section 2.01(d), prepay pursuant to Section 2.06 or 2.07(a) and reborrow pursuant to this Section 2.01(d). Notwithstanding the foregoing, the The Swingline Lender shall not be obligated to make any Swingline Loans at a any time when any Lender is a Delinquent Lender Default exists unless the Swingline Lender has entered into arrangements satisfactory to it and the Borrower to eliminate the Swingline Lender's risk with respect to the Defaulting such Delinquent Lender's or Lenders' participation in such Swingline Loans, including by Cash Collateralizing cash collateralizing such Defaulting Delinquent Lender's or Lenders' Revolving Commitment Percentage of the outstanding Swingline Loans and any such additional Swingline Loans to be made. Within the foregoing limits and subject to the terms and conditions set forth herein, the Co-Borrowers may borrow, prepay and reborrow Swingline Loans.. Each request for a Swingline Loan hereunder shall constitute a representation and warranty by the Co-Borrowers that the conditions set forth above and in Section 11 and Section 12, in the case of the initial Swingline Loans to be made on the Closing Date, and Section 12, in the case of all other Swingline Loans, have been satisfied on the date of such request

The Swingline Loans. Unless otherwise specifically requested by Borrowers in writing, Swingline Lender may (but shall not be obligated to) fund any requested Base Rate Loan with a Swingline Loan, but only if (i) The Swingline Lender agrees, on the terms and conditions hereinafter set forth, to make Swingline Loans to the Borrower on any Business Day during the period from the Closing Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the Swingline Amount; provided, however, (x) each such Swingline Loan shall is otherwise permitted to be made and maintained as a hereunder; (ii) such Base Rate Loan and is not specifically required to be made by all Lenders hereunder, (yiii) that no Lender is a Defaulting Lender at such time, unless Swingline Lender has entered into arrangements, including the delivery of Cash Collateral, satisfactory to Swingline Lender (in its sole discretion) with Borrowers or such Lender to eliminate such Swingline Lender’s actual or potential Fronting Exposure (after giving effect to any Section 4.3(d)) with respect to the Defaulting Lender; and (iv) after giving effect to such Swingline BorrowingLoan, the aggregate principal amount of all outstanding Swingline Loans, together with the aggregate principal amount of all outstanding Revolving Loans plus the aggregate amount of all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), shall would not exceed the Aggregate Revolving CommitmentSwingline Sublimit. Within Each Swingline Loan shall constitute a Loan for all purposes, except that payments thereon shall be made to Swingline Lender for its own account. The obligation of Borrowers to repay Swingline Loans shall be evidenced by the records of Swingline Lender. On the Closing Date, Borrowers shall execute and deliver to Swingline Lender a promissory note in the amount of the Swingline Sublimit in the form of Exhibit J (and such limitspromissory note, and subject as the same may be amended, restated, supplemented, or otherwise modified from time to the other terms and conditions hereoftime, the Borrower may borrow “Swingline Loans under this Section 2.01(dNote”), prepay pursuant to Section 2.06 or 2.07(a) and reborrow pursuant to this Section 2.01(d). Notwithstanding the foregoing, the Swingline Lender shall not be obligated to make any Swingline Loans at a time when a Lender Default exists unless the Swingline Lender has entered into arrangements satisfactory to it and the Borrower to eliminate the Swingline Lender's risk with respect to the Defaulting Lender's or Lenders' participation in such Swingline Loans, including by Cash Collateralizing such Defaulting Lender's or Lenders' Revolving Commitment Percentage of the outstanding Swingline Loans.

The Swingline Loans. (i) The Swingline Lender Bank agrees, on the terms and conditions hereinafter set forth, to make Swingline Loans to the any Borrower on any Business Day during the period from the Closing Effective Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the Swingline Amount; provided, however, that (xA) each on the Effective Date the Swingline Bank shall be permitted to make a Swingline Loan up to an amount equal to the Aggregate Commitment provided that any Interest Period related thereto shall be made and maintained as a Base Rate Loan not exceed one week) and (yB) that after giving effect to any Swingline BorrowingBorrowing (and to any concurrent repayment or prepayment of Loans), (i) the aggregate principal amount of all outstanding Swingline Loans, Loans together with (w) the aggregate principal amount of all outstanding Revolving Loans Committed Loans, plus (x) the aggregate principal amount of all outstanding Bid Loans, plus (y) the Dollar Equivalent of the aggregate principal amount of all outstanding Multicurrency Loans, plus (z) all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans)Obligations, shall not exceed the Aggregate Revolving Commitment, (ii) the sum of the Committed Loan Exposure and the Multicurrency Loan Exposure of any Bank shall not exceed such Bank's Commitment or (iii) the Dollar Equivalent of the aggregate principal amount of the Multicurrency Loans outstanding shall not exceed the Total Multicurrency Commitment. Within such limits, and subject to the other terms and conditions hereof, the each Borrower may borrow Swingline Loans under this Section 2.01(d2.01(b), repay pursuant to Section 2.11(b) or prepay pursuant to Section 2.06 2.09 or 2.07(a2.10(a) and reborrow pursuant to this Section 2.01(d2.01(b). Notwithstanding the foregoing, the Swingline Lender shall not be obligated to make any Swingline Loans at a time when a Lender Default exists unless the Swingline Lender has entered into arrangements satisfactory to it and the Borrower to eliminate the Swingline Lender's risk with respect to the Defaulting Lender's or Lenders' participation in such Swingline Loans, including by Cash Collateralizing such Defaulting Lender's or Lenders' Revolving Commitment Percentage of the outstanding Swingline Loans.

The Swingline Loans. (i) The From the date hereof through but not including the Swingline Lender agreesExpiry Date, on and subject to the terms and conditions hereinafter set forth, upon notice by the Borrowers made to the Swingline Lender in accordance with §2.5.2 hereof, and in reliance upon the agreements of the other Lenders set forth in this §2.5, the Swingline Lender may in its sole discretion make Swingline Loans to the Borrower Borrowers from time to time in Dollars on any Business Day during the period from the Closing Date to the Revolving Termination Date, in an aggregate principal amount not to exceed at any time outstanding the Swingline Amount; provided, however, (x) each Sublimit. Each Swingline Loan shall be made in a minimum amount equal to $250,000 or a multiple of $100,000 in excess thereof. Notwithstanding any other provisions of this Credit Agreement and maintained as a Base Rate Loan and in addition to the limit set forth above, at no time shall the Total Facility Usage (y) that after giving effect to all amounts requested) exceed the lesser of (i) the Total Commitment or (ii) the Aggregate Borrowing Base as then in effect. The Swingline Loans are being made available for the administrative convenience of the Borrowers, the Swingline Lender and the Lenders. Notwithstanding any other provisions of this Credit Agreement, the Swingline Lender shall not advance any Swingline Borrowing, the aggregate principal amount Loans if a Default or Event of all outstanding Swingline Loans, together Default has occurred until such Default or Event of Default has been cured or waived in accordance with the aggregate principal amount provisions of all outstanding Revolving Loans plus the aggregate amount of all outstanding Letter of this Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), shall not exceed the Aggregate Revolving CommitmentAgreement. Within such limits, and subject to the other terms and conditions hereof, the Borrower may borrow Swingline Loans under this Section 2.01(d), prepay pursuant to Section 2.06 or 2.07(a) and reborrow pursuant to this Section 2.01(d). Notwithstanding the foregoing, the The Swingline Lender shall not be obligated to make any Swingline Loans at a any time when any Lender is a Delinquent Lender Default exists unless the Swingline Lender has entered into arrangements satisfactory to it and the Borrower to eliminate the Swingline Lender's ’s risk of full reimbursement with respect to the Defaulting such Delinquent Lender's or Lenders' participation in such Swingline Loans, including by Cash Collateralizing such Defaulting Delinquent Lender's or Lenders' Revolving ’s Commitment Percentage of the outstanding Swingline Loans and any such additional Swingline Loans to be made as set forth in this Agreement. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans. Each request for a Swingline Loan hereunder shall constitute a representation and warranty by the Borrowers that the conditions set forth above and in §11 and §12, in the case of any Swingline Loans to be made on the Effective Date, and §12, in the case of all other Swingline Loans, have been satisfied on the date of such request.

The Swingline Loans. (i) The From the date hereof through but not including the Swingline Lender agreesExpiry Date, on and subject to the terms and conditions hereinafter set forth, upon notice by the Co-Borrowers made to the Swingline Lender in accordance with Section 2.5.2 hereof, the Swingline Lender agrees, in reliance upon the agreements of the other Revolving Lenders set forth in this Section 2.5, to make Swingline Loans to the Borrower Co-Borrowers from time to time in Dollars on any Business Day during the period from the Closing Date to the Revolving Termination Date, in an aggregate principal amount not to exceed at any time outstanding the Swingline Amount; provided, however, (x) each Sublimit. Each Swingline Loan shall be made in a minimum amount equal to $250,000 or a multiple of $100,000 in excess thereof. Notwithstanding any other provisions of this Credit Agreement and maintained as a Base Rate Loan and in addition to the limit set forth above, at no time shall (ya) that the Dollar Equivalent of the Total Revolving Facility Usage (after giving effect to all amounts requested) exceed the lesser of (i) the Total Commitment or (ii) the Aggregate Borrowing Base as then in effect, or (b) the sum of the Dollar Equivalent of (x) the Co-Borrower Revolving Loans outstanding, plus (y) the LC Exposure in respect of Letters of Credit issued for the account of the Co-Borrowers, plus (z) the Swingline Loans outstanding (after giving effect to all amounts requested), exceed the lesser of (x) the Total Commitment or (y) the Domestic Borrowing Base as then in effect. The Swingline Loans are being made available for the administrative convenience of the Co-Borrowers, the Swingline Lender and the Lenders. Notwithstanding any other provisions of this Credit Agreement, the Swingline Lender shall not advance any Swingline Borrowing, the aggregate principal amount Loans if a Default or Event of all outstanding Swingline Loans, together Default has occurred until such Default or Event of Default has been cured or waived in accordance with the aggregate principal amount provisions of all outstanding Revolving Loans plus the aggregate amount of all outstanding Letter of this Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), shall not exceed the Aggregate Revolving CommitmentAgreement. Within such limits, and subject to the other terms and conditions hereof, the Borrower may borrow Swingline Loans under this Section 2.01(d), prepay pursuant to Section 2.06 or 2.07(a) and reborrow pursuant to this Section 2.01(d). Notwithstanding the foregoing, the The Swingline Lender shall not be obligated to make any Swingline Loans at a any time when any Revolving Lender is a Delinquent Lender Default exists unless the Swingline Lender has entered into arrangements satisfactory to it and the Borrower to eliminate the Swingline Lender's risk with respect to the Defaulting such Delinquent Lender's or Lenders' participation in such Swingline Loans, including by Cash Collateralizing cash collateralizing such Defaulting Delinquent Lender's or Lenders' Revolving Commitment Percentage of the outstanding Swingline Loans and any such additional Swingline Loans to be made. Within the foregoing limits and subject to the terms and conditions set forth herein, the Co-Borrowers may borrow, prepay and reborrow Swingline Loans.. Each request for a Swingline Loan hereunder shall constitute a representation and warranty by the Co-Borrowers that the conditions set forth above and in Section 11 and Section 12, in the case of the initial Swingline Loans to be made on the Closing Date, and Section 12, in the case of all other Swingline Loans, have been satisfied on the date of such request

The Swingline Loans. (i) The Swingline Lender Bank agrees, on the terms and conditions hereinafter set forth, to make Swingline Loans to the any Borrower on any Business Day during the period from the Closing Effective Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the Swingline Amount; provided, however, that (xA) each on the Effective Date the Swingline Bank shall be permitted to make a Swingline Loan up to an amount equal to the Aggregate Commitment provided that any Interest Period related thereto shall be made and maintained as a Base Rate Loan not exceed one week) and (yB) that after giving effect to any Swingline BorrowingBorrowing (and to any concurrent repayment or prepayment of Loans), (i) the aggregate principal amount of all outstanding Swingline Loans, Loans together with (w) the aggregate principal amount of all outstanding Revolving Loans Committed Loans, plus (x) the aggregate principal amount of all outstanding Bid Loans, plus (y) the Dollar Equivalent of the aggregate principal amount of all outstanding Multicurrency Loans plus, (z) all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans)Obligations, shall not exceed the Aggregate Revolving Commitment, (ii) the sum of the Committed Loan Exposure and the Multicurrency Loan Exposure of any Bank shall not exceed such Bank's Commitment or (iii) the Dollar Equivalent of the aggregate principal amount of the Multicurrency Loans outstanding shall not exceed the Total Multicurrency Commitment. Within such limits, and subject to the other terms and conditions hereof, the each Borrower may borrow Swingline Loans under this Section 2.01(d2.01(b), repay pursuant to Section 2.11(b) or prepay pursuant to Section 2.06 2.09 or 2.07(a2.10(a) and reborrow pursuant to this Section 2.01(d2.01(b). Notwithstanding the foregoing, the Swingline Lender shall not be obligated to make any Swingline Loans at a time when a Lender Default exists unless the Swingline Lender has entered into arrangements satisfactory to it and the Borrower to eliminate the Swingline Lender's risk with respect to the Defaulting Lender's or Lenders' participation in such Swingline Loans, including by Cash Collateralizing such Defaulting Lender's or Lenders' Revolving Commitment Percentage of the outstanding Swingline Loans.

The Swingline Loans. (i) The Swingline Lender agrees, on Subject to the terms and conditions hereinafter set forthforth herein, to the Swingline Lender may, in its sole 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 “Swingline Loans Loan”) to the Borrower Company from time to time on any Business Day during the period from the Closing Date to the Revolving Termination Date, Availability Period in an aggregate amount not to exceed at any time outstanding the amount of the Swingline AmountSublimit; provided, however, (x) each that such Swingline Loan shall be made Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Committed Loans and maintained L/C Obligations of the Lender acting as a Base Rate Loan and (y) Swingline Lender, may not exceed the amount of such Lender’s Commitment; provided, further, that after giving effect to any Swingline BorrowingLoan, (i) the aggregate principal amount of all outstanding Swingline Loans, together with the aggregate principal amount of all outstanding Revolving Loans plus the aggregate amount of all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), Total Outstandings shall not exceed the Aggregate Revolving Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any 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 Swingline Loans shall not exceed such Lender’s Commitment, and provided, further, that the Company shall not use the proceeds of any Swingline Loan to refinance any outstanding Swingline Loan. Within such the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Company may borrow borrow, and the Swingline Loans Lender may make, in its sole discretion, Swingline Loans, under this Section 2.01(d)2.04, prepay pursuant to under Section 2.06 or 2.07(a) 2.05, and reborrow pursuant to under this Section 2.01(d)2.04. Notwithstanding Each Swingline Loan shall be a Base Rate Loan. Immediately upon the foregoingmaking of a Swingline Loan, each Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender a risk participation in such Swingline Loan in an amount equal to the product of such Lender’s Applicable Percentage times the amount of such Swingline Loan. For the avoidance of doubt, the making of any Swingline Loan by the Swingline Lender shall not be obligated to make any Swingline Loans at a time when a Lender Default exists unless in the Swingline Lender has entered into arrangements satisfactory to it sole and the Borrower to eliminate absolute discretion of the Swingline Lender's risk with respect to the Defaulting Lender's or Lenders' participation in such Swingline Loans, including by Cash Collateralizing such Defaulting Lender's or Lenders' Revolving Commitment Percentage of the outstanding Swingline Loans.