Common use of Availability Clause in Contracts

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On (i) Subject to the terms and subject to the conditions contained in of this Agreement, and in reliance upon the representations and warranties set forth herein, the Swingline Lender may, in its sole discretion, agrees to make loans in Dollars (each a “Swing Loan”) available Swingline Loans to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until Closing Date through, but not including, the Revolving Credit Termination Date Date, as requested by the Borrower in an accordance with the terms of Section 2.03(a)(ii); provided, that (i) the aggregate principal amount at any time of all outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan Extensions of Credit (x) to the extent that after giving effect to such Swing Loan, any amount requested and the aggregate Revolving Credit Outstandings would application of the proceeds thereof) shall not exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans Lenders; and (ii) the aggregate principal amount of all Swingline Loans then outstanding shall not exceed the Swingline Commitment. Each Lender acknowledges that the aggregate principal amount of all outstanding Swingline Loans made by the Swingline Lender, when taken together with the aggregate principal amount of all outstanding Revolving Credit Termination DateLoans made by the Swingline Lender, may exceed the Swingline Lender’s Commitment. Within Upon and during the limits set forth in continuance of a Default or an Event of Default, the first sentence Borrower shall no longer have the option of this clause requesting Swingline Loans and the Swingline Lender shall not be obligated to make Swingline Loans. No more than one (a), amounts of Swing Loans repaid 1) Swingline Loan may be reborrowed under this clause (a)made on the same Business Day.

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the US Swingline Lender may, in its sole discretion, make loans Loans denominated in Dollars (each a “US Swing Loan”) available to the US Borrower under the US Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its US Swingline Commitment; provided, however, that the US Swingline Lender may not make any US Swing Loan (x) to the extent that after giving effect to such US Swing Loan, the aggregate principal amount of all US Revolving Credit Outstandings Loans would exceed the Maximum US Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative US Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any US Swing Loan, the US Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each US Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of US Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, shall make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from Agent, the Administrative Agent Required Lenders or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Swing Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Effective Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Swing Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Loan Balance, (y) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Loans and Swing Loans held by the Swing Lender (and if the Swing Lender is not also a Revolving Lender, by each of its Affiliates that is a Revolving Lender) would exceed the Revolving Credit Commitments Loan Commitment of such Swing Lender (and such Affiliates, if any) or (yz) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Swing Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its the Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Majority Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (iA) the funding date of any Borrowing of Revolving Loans and (iiB) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Original Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Restatement Effective Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan, and the Borrower will not request any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Original Revolving Credit Outstandings Loans would exceed the Maximum Original Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Original Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan that bears interest at the interest rate applicable to Original Revolving Loans that are Base Rate Loans and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretiongood faith credit judgment, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Second Restatement Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan denominated in Dollars and must be repaid in full on the earlier earliest of (ix) the funding date of any Borrowing of Revolving Loans and (iiy) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretiondiscretion and subject to the limitations in subsection 1.1(b)(v), make loans Loans in Dollars or Canadian Dollars (each each, a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan to any Borrower Group (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Loans and Swing Loans of, and Letter of Credit Outstandings Obligations incurred by, such Borrower Group would exceed that Borrower Group’s Maximum Revolving Loan Balance or, in the Revolving Credit Commitments case of the Camrose Borrowers, if less, the Camrose Sublimit; and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may may, but shall not be required to to, determine that, or take notice whether, whether the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan or a Canadian Index Rate Loan, as applicable, and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Commitments from time to time on any Business Day during the period from the date hereof until Effective Date through the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai); provided that the Borrower may not refinance a Swing Loan with a new Swing Loan.

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender mayshall, in its sole discretionat the request of the Borrower, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Revolver Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Loan Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available Swingline Loans to the Borrower under the Revolving Credit Facility Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Maturity Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment$5,000,000; provided, however, provided however that the Swingline Lender may not make any Swing Swingline Loan (x) to the extent that after giving effect to such Swing Swingline Loan, the aggregate principal amount of all Revolving Credit Outstandings Exposure would exceed the aggregate Revolving Credit Commitments and (y) in during the period commencing on the first (1st) Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 4.02 are not satisfied and directing it not to make Swingline Loans and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 4.02 have been satisfied or waived. Each Swing Swingline Loan shall be a Base Rate an ABR Loan and must be repaid in full on the earlier earliest of (ix) the funding date of any Borrowing of Revolving Loans and (iiy) the date of the termination of the Revolving Credit Termination DateCommitments. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Swingline Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Aggregate Revolving Credit Facility Loan Commitment from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Effective Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all outstanding Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “"Swing Loan”") available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “"Swing Loan”") available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its the Available Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier of (ix) the funding date of any Borrowing of Revolving Loans (other than Swing Loans made pursuant to the alternate borrowing procedures referred to in subsection 1.1(e)(v)) and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ay), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretiongood faith credit judgment, make loans in Dollars Loans (each a “"Swing Loan”") available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (ix) the funding date of any Borrowing of Revolving Loans and (iiy) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Restatement Effective Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Aggregate Revolving Credit Outstandings Exposure would exceed the Revolving Credit Commitments and Maximum Borrowing Availability, (y) in the Revolving Exposure of any Lender would exceed such Lender’s Revolving Loan Commitment and (z) during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided that the Borrower shall not use the proceeds of any Swing Loan to refinance any outstanding Swing Loan; provided, howeverfurther, that the Swingline Lender may shall not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments and Loan Balance, (y) in if it shall determine with respect to any Swing Loan (which determination shall be conclusive and binding absent manifest error) that it has, or by such Swing Loan may have, Fronting Exposure or (z) during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing US-DOCS\99983253.20 Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai). For the avoidance of doubt, Swing Loans, pursuant to the terms hereof, shall be available on the Closing Date. Immediately upon the making of a Swing Loan, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender a risk participation in such Swing Loan in an amount equal to the product of such Revolving Lender’s Commitment Percentage times the amount of such Swing Loan.

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Aggregate Revolving Credit Outstandings Exposure would exceed the Revolving Credit Commitments and Maximum Borrowing Availability, (y) in the Revolving Exposure of any Lender would exceed such Lender’s Revolving Loan Commitment and (z) during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Swingline Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Swingline Loan (xy) to the extent that after giving effect to such Swing Swingline Loan, the aggregate Revolving Outstanding Credit Outstandings Exposure would exceed the Maximum Revolving Credit Commitments Loan Balance and (yz) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Majority Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waivedwaived unless, at the time of such Swingline Loan, there is more than one Lender. Each Swing Swingline Loan shall be a Base Rate Loan and shall not be deemed a “Revolving Loan” and must be repaid in full on the earlier earliest of (ix) the funding date of any Borrowing of Revolving Loans and (iiy) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Swingline Loans repaid may be reborrowed under this clause (ai).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Pro Rata Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of the Revolving Credit Outstandings Exposure would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (ix) the funding date of any Borrowing of Revolving Loans and (iiy) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (aSection 1.1(d)(i), amounts of Swing Loans repaid may be reborrowed under this clause (aSection 1.1(d)(i).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “"Swing Loan”") available to the Borrower Borrowers under the Revolving Credit Facility Swingline Commitment from time to time on any Business Day during the period from the date hereof until Closing Date through the end of the Revolving Credit Termination Date Loan Commitment Period in an aggregate principal amount at any time outstanding not to exceed its the Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of the Swing Loan and all Revolving Loans, Letter of Credit Outstandings Obligations and any unreimbursed L/C Reimbursement Obligations that have not been converted to a Revolving Loan would exceed the Revolving Credit Commitments Borrowing Base Amount minus the outstanding principal amount of the Term Loan and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained set forth in Section 3.2 are 4.02 have not satisfied and ending when such conditions are been satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 4.02 have been satisfied or waived. Each Swing Loan shall must be a Base Rate Loan and repaid as provided herein, but in any event must be repaid in full on the earlier last day of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination DateLoan Commitment Period. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Aggregate Revolving Credit Outstandings Exposure would exceed the Revolving Credit Commitments and Maximum Borrowing Availability, (y) in the Revolving Exposure of any Lender (other than the Lender acting as the Swingline Lender) would exceed such Lender's Revolving Loan Commitment and (z) during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the US Borrower as a subfacility under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all US Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Swingline Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Final Revolving Credit Termination Loan Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Swingline Loan (x) to the extent that after giving effect to such Swing Swingline Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Swingline Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Swingline Loans repaid may be reborrowed under this clause (ai).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Maximum Revolving Credit Commitments Loan Amount and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Swing Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Restatement Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Swing Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Loan Balance (y) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Loans and Swing Loans held by the Swing Lender (and if the Swing Lender is not also a Revolving Lender, by each of its Affiliates that is a Revolving Lender) would exceed the Revolving Credit Commitments Loan Commitment of such Swing Lender (and such Affiliates, if any) and (yz) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Swing Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Original Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Restatement Effective Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan Loan, and the Borrow er will not request any S wi ng L oan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Origina l Revolving Credit Outstandings Loans would exceed the Maximum Orig inal Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Original Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan that bears interest at the interest rate applicable to Orig inal Revolving Loans that are Base Rate Loans and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, agrees to make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (ix) the funding date of any Borrowing of Revolving Loans and (iiy) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Swing Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Swing Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Loan Balance (y) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Loans and Swing Loans held by the Swing Lender (and if the Swing Lender is not also a Revolving Lender, by each of its Affiliates that is a Revolving Lender) would exceed the Revolving Credit Commitments Loan Commitment of such Swing Lender (and such Affiliates, if any) and (yz) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Swing Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing ​ ​ Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower as a subfacility under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Swing Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Swing Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Loan Balance (y) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Loans and Swing Loans held by the Swing Lender (and if the Swing Lender is not also a Revolving Lender, by each of its Affiliates that is a Revolving Lender) would exceed the Revolving Credit Commitments Loan Commitment of such Swing Lender (and such Affiliates, if any) and (yz) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Swing Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower in Dollars under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may may, but shall not be required to to, determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower US Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its the Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings principal amount of all Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (iA) the funding date of any Borrowing of Revolving Loans and (iiB) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the US Swingline Lender may, in its sole discretion, make loans Loans denominated in Dollars (each a “US Swing Loan”) available to the US Borrower under the Aggregate US Revolving Credit Facility Loan Commitment from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its US Swingline Commitment; provided, however, that the US Swingline Lender may not make any US Swing Loan (x) to the extent that after giving effect to such US Swing Loan, the aggregate principal amount of all US Revolving Credit Outstandings Loans would exceed the Maximum US Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative US Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any US Swing Loan, the US Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each US Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of US Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (aSection 1.1(d)(i), amounts of Swing Loans repaid may be reborrowed under this clause (aSection 1.1(d)(i).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the US Swingline Lender may, in its sole discretion, make loans Loans denominated in Dollars (each a “US Swing Loan”) available to the US Borrower under the Aggregate US Revolving Credit Facility Loan Commitment from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its US Swingline Commitment; provided, however, that the US Swingline Lender may not make any US Swing Loan (x) to the extent that after giving effect to such US Swing Loan, the aggregate principal amount of all US Revolving Credit Outstandings Loans would exceed the Maximum US Revolving Credit Commitments Loan Balance or the aggregate principal amount of all Swing Loans outstanding on such date would exceed the US Dollar Equivalent of $10,000,000 (the “Swingline Sublimit”) and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative US Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any US Swing Loan, the US Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each US Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of US Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Swing Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Swing Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Loan Balance, (y) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Loans and Swing Loans held by the Swing Lender (and if the Swing Lender is not also a Revolving Lender, by each of its Affiliates that is a Revolving Lender) would exceed the Revolving Credit Commitments Loan Commitment of such Swing Lender (and such Affiliates, if any) or (yz) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Swing Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Swingline Commitment from time to time on any Business Day during the period from the date hereof until Closing Date through the end of the Revolving Credit Termination Date Loan Commitment Period in an aggregate principal amount at any time outstanding not to exceed its the Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of the Swing Loan and all Revolving Loans, Letter of Credit Outstandings Obligations and any unreimbursed L/C Reimbursement Obligations that have not been converted to a Revolving Loan would exceed the Revolving Credit Commitments Borrowing Base Amount and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained set forth in Section 3.2 are 4.02 have not satisfied and ending when such conditions are FIFTH AMENDED AND RESTATED CREDIT AGREEMENT – Page 52 been satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 4.02 have been satisfied or waived. Each Swing Loan shall must be a Base Rate Loan and repaid as provided herein, but in any event must be repaid in full on the earlier last day of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination DateLoan Commitment Period. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, agrees to make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender (in its capacity as Swingline Lender) may but shall not be required to otherwise determine that, or take notice whether, whether the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, shall make loans in Dollars (each each, a “Swing Swingline Loan”) available to the U.S. Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Swingline Loan (x) to the extent that after giving effect to such Swing Swingline Loan, the aggregate Revolving Credit Outstandings would exceed the aggregate amount of the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Swingline Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Swingline Loans repaid may be reborrowed under this clause (a).. (b)

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Swingline Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Final Revolving Credit Termination Loan Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Swingline Loan (x) to the extent that after giving effect to such Swing Swingline Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Swingline Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Swingline Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject conditions of this Agreement and so long as no Default or Event of Default is known by Swingline Lender to the conditions contained in this Agreementexist, the Swingline Lender may, in its sole discretion, agrees to make loans in Dollars (each a “Swing Loan”) available Swingline Loans to the Borrower under the Revolving Credit Facility Borrowers, jointly and severally, from time to time on any Business Day during the period from the date hereof until Initial Closing Date to, but not including, the Revolving Credit Swingline Termination Date in an Date; PROVIDED, that the aggregate principal amount at any time of all outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan Loans (x) to the extent that after giving effect to such Swing Loanany amount requested) at any time, the aggregate Revolving Credit Outstandings would shall not exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier lesser of (i) the funding date Total Commitment in effect at such time LESS the sum of any Borrowing of (A) all outstanding Revolving Loans at such time, (B) the Letter of Credit Exposure at such time, and (C) all outstanding Bid Rate Loans at such time, (ii) the Revolving Credit Termination DateBorrowing Base Availability and (iii) the Swingline Commitment at such time. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Swingline Loans repaid hereunder may be reborrowed under this clause used in anticipation of borrowing Revolving Loans and for other short-term requirements and shall be repaid in accordance with the terms hereof. Each Swingline Loan must be for an amount equal to at least $1,000,000 and in an integral multiple of $100,000 and shall be evidenced by the Swingline Note. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan to the Borrower by 4:00 p.m. (aBoston time) on the Business Day of the requested borrowing, so long as the Swingline Loan has been requested by the Borrower no later than 1:00 p.m. (Boston time) on such Business Day. In no event shall the number of Swingline Loans outstanding at any time exceed three (3). All Swingline Loans shall bear interest at the Base Rate.

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Restatement Effective Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan that bears interest at the interest rate applicable to Revolving Loans that are Base Rate Loans and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, agrees to make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived; provided, however, that no Swing Loans shall be made during the period starting on the first Business Day after the receipt by the Swingline Lender of notice from Agent or the Required Revolving Lenders that any condition precedent contained in Section 2.2 is not satisfied and ending on the date all such conditions are satisfied or duly waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, shall make loans in Dollars (each a “Swing Swingline Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Swingline Loan (x) to the extent that after giving effect to such Swing Swingline Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Swingline Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Swingline Loans repaid may be reborrowed under this clause (a).. (b)

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On the terms and subject to the theSECTION 2.3 conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, shall make loans in Dollars (each each, a “Swing Swingline Loan”) available to the U.S. Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Swingline Loan (x) to the extent that after giving effect to such Swing Loan, Swingline Loan the aggregate Revolving Credit Outstandings would exceed the aggregate amount of the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Swingline Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).68 [[5628733]]

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment$30,000,000; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings — Tranche A-1 would exceed the Revolving Credit Commitments Borrowing Availability — Tranche A-1 and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders — Tranche A that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Loan Facility from time to time on any Business Day during the period from the date hereof Third Restatement Effective Date until the Revolving Credit Loan Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, provided that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Loan Outstandings would exceed the Revolving Credit Loan Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Loan Lenders that one or more of the conditions precedent contained in Section 3.2 7.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 7.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Loan Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to the conditions contained in of this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans Loans denominated in Dollars available to the U.S. Borrowers (each a “Swing U.S. Swingline Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its the U.S. Swingline CommitmentLimit; provided, however, that the Swingline Lender may not make any Swing U.S. Swingline Loan (x1) to the extent that after giving effect to such Swing U.S. Swingline Loan, the U.S. Dollar Equivalent of the aggregate principal amount of all Revolving Loans would exceed the Maximum Revolving Loan Amount, (2) with respect to any U.S. Swingline Loan, to the extent that after giving effect to such U.S. Swingline Loan, the aggregate principal amount of all U.S. Revolving Credit Outstandings Loans would exceed the Maximum U.S. Revolving Credit Commitments Loan Amount, and (y3) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing U.S. Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing U.S. Swingline Loan denominated in Dollars shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing U.S. Swingline Loans repaid may be reborrowed under this clause (ai).