Common use of Swingline Loans Clause in Contracts

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 7 contracts

Samples: Credit Agreement (Celanese Corp), Credit Agreement (Celanese Corp), Credit Agreement (Celanese CORP)

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Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, to make Swingline Dollar Loans in Dollars to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period; provided that no such Swingline Loan shall be permitted if, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in after giving effect thereto, (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such would exceed the Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or Loan Sublimit, (yii) the aggregate Revolving Facility Credit Exposure exceeding Exposures would exceed the total Revolving Facility Commitments and or (iiiii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total would exceed its Revolving Facility CommitmentsCommitment; provided further that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. Immediately upon the making of a Swingline 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 Swingline Loan in an amount equal to the product of such Revolving Lender’s Applicable Percentage times the amount of such Swingline Loan.

Appears in 6 contracts

Samples: Revolving Credit Agreement (Viatris Inc), Revolving Credit Agreement (Viatris Inc), Revolving Credit Agreement (Upjohn Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to may in its discretion, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, make Swingline Dollar Loans in Dollars to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period; provided that no such Swingline Loan shall be permitted if, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in after giving effect thereto, (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made would exceed the Swingline Loan Sublimit, (ii) the aggregate Revolving Credit Exposures would exceed the total Revolving Commitments or (iii) unless otherwise agreed by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans, Revolving Loans made and Letters of Credit issued by such Swingline Euro Lender exceeding would exceed such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsCommitments hereunder; provided further that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. Immediately upon the making of a Swingline 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 Swingline Loan in an amount equal to the product of such Revolving Lender’s Applicable Percentage times the amount of such Swingline Loan.

Appears in 4 contracts

Samples: Second Restatement Agreement (Cable One, Inc.), Restatement Agreement (Cable One, Inc.), Credit Agreement (Cable One, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment $10,000,000 or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the total Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility Commitments; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. Notwithstanding anything to the contrary contained in this Section 2.04 or elsewhere in this Agreement, the Swingline Lender shall not be obligated to make any Swingline Loan at a time when a Lender is a Defaulting Lender unless the Swingline Lender has entered into arrangements satisfactory to it and the Borrower to eliminate the Swingline Lender’s risk with respect to the Defaulting Lender’s or Defaulting Lenders’ participation in such Swingline Loans, including by cash collateralizing such Defaulting Lender’s or Defaulting Lenders’ Applicable Percentage of the outstanding Swingline Loans.

Appears in 3 contracts

Samples: Credit Agreement (Cloud Peak Energy Resources LLC), Credit Agreement (Cloud Peak Energy Resources LLC), Credit Agreement (Cloud Peak Energy Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the US Tranche Swingline Dollar Lender agrees to make US Tranche Swingline Dollar Loans in US Dollars to any Domestic Swingline Borrower the Company from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding US Tranche Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment $15,000,000 or (yii) the total US Tranche Revolving Facility Credit Exposure Exposures exceeding the total US Tranche Revolving Facility Commitments Commitments; provided that the US Tranche Swingline Lender shall not be required to make a US Tranche Swingline Loan to refinance an outstanding US Tranche Swingline Loan. Subject to the terms and (ii) each conditions set forth herein, the European Tranche Swingline Euro Lender agrees to make European Tranche Swingline Euro Loans in an Alternative Currency to any Foreign Swingline a European Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xi) the US Dollar Equivalent of the aggregate principal amount of outstanding European Tranche Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment $5,000,000 or (yii) the sum of the Revolving Facility Credit Exposure total European Tranche Exposures exceeding the total Revolving Facility European Tranche Commitments; provided that no the European Tranche Swingline Lender shall not be required to make a European Tranche Swingline Loan to refinance an outstanding European Tranche Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 3 contracts

Samples: Credit Agreement (Insight Enterprises Inc), Credit Agreement (Insight Enterprises Inc), Credit Agreement (Insight Enterprises Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth hereinhereof, (i) each including without limitation Section 2.16, the Swingline Dollar Lender agrees to make Swingline Dollar Loans denominated in Dollars to any Domestic Swingline Borrower from time to time the Borrower, during the Revolving Availability Periodperiod from the Effective Date to but excluding the Swingline Maturity Date, in an aggregate principal amount at any one time outstanding for up to, but not exceeding, the lesser (such lesser amount being referred to as the “Swingline Availability”) of (i) $15,000,000, as such amount may be reduced from time to time in accordance with the terms hereof and (ii) the Revolving Commitment of the Swingline Lender in its capacity as a Revolving Lender minus the aggregate outstanding principal amount of Revolving Loans of the Swingline Lender in its capacity as a Revolving Lender; provided, however, the Swingline Lender shall not be obligated to make Swingline Loans if the aggregate principal amount at such time of its outstanding Revolving Loans and Swingline Loans together with the Swingline Lender’s Revolving Commitment Percentage of the Stated Amount of all issued and outstanding Letters of Credit exceeds the then Commitment of the Swingline Dollar Loans that will not result in (x) Lender. If at any time the aggregate principal amount of the Swingline Loans outstanding at such time exceeds the Swingline Dollar Loans made by Availability at such time, the Borrower shall immediately pay the Administrative Agent for the account of the Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowingexcess. Within the foregoing limits and subject Subject to the terms and conditions set forth hereinof this Agreement, the Borrowers Borrower may borrow, prepay repay and reborrow Swingline LoansLoans hereunder. The borrowing of a Swingline Loan shall not constitute usage of any Revolving Lender’s Revolving Commitment for purposes of calculation of the fee payable under Section 3.5(b).

Appears in 3 contracts

Samples: Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline the Borrower from time to time during the Revolving Availability PeriodPeriod in Dollars, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xA) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and Swingline Loan Sublimit, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xB) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender the total Revolving Exposures exceeding such Swingline Euro Lender’s Swingline Euro Commitment the total Revolving Commitments or (C) the aggregate principal amount of the total Revolving Exposures exceeding the lesser of (x) the total Revolving Commitments and (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsAvailability Limit; provided that no (I) the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Loan and (II) the Swingline Euro BorrowingLender shall not be required to make any Swingline Loan to the extent the aggregate principal amount of the Revolving Loans made by the Lender acting as Swingline Lender that are then outstanding, when aggregated with the aggregate principal amount of Swingline Loans, would exceed the amount of such Lender’s Revolving Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 3 contracts

Samples: Credit Agreement (Caseys General Stores Inc), Credit Agreement (Caseys General Stores Inc), Pledge and Security Agreement (Caseys General Stores Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, each Swingline Lender severally agrees to make Swingline Loans to the Borrower denominated in Dollars from time to time during the Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such exceeding the Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or Commitment, (yii) the Revolving Facility Credit Exposure of the applicable Class exceeding the total Revolving Facility Commitments and of such Class or (iiiii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in sum of (x) the Swingline Exposure of such Swingline Lender (in its capacity as a Swingline Lender and a Revolving Facility Lender) applicable to such Class, (y) the aggregate principal amount of outstanding Swingline Euro Revolving Facility Loans of such Class made by such Swingline Euro Lender exceeding (in its capacity as a Revolving Facility Lender) and (z) the Revolving Facility Percentage of such Swingline Euro Lender (in its capacity as a Revolving Facility Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit L/C Exposure applicable to such Class exceeding the total its Revolving Facility CommitmentsCommitment of such Class then in effect; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 3 contracts

Samples: Credit Agreement (Apollo Global Management, Inc.), Credit Agreement (Apollo Asset Management, Inc.), Credit Agreement (Apollo Global Management LLC)

Swingline Loans. (a) Subject to the terms and conditions set forth hereinherein (including Section 2.22), (i) each in reliance upon the agreements of the other Lenders set forth in this Section 2.04, the Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline each Co-Borrower from time to time during the Initial Revolving Availability PeriodPeriod denominated in dollars, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount Initial Revolving Exposure of any Initial Revolving Lender shall not exceed the aggregate Initial Revolving Commitments of such Initial Revolving Lender, (ii) the outstanding Swingline Dollar Loans made by such exceeding the Swingline Dollar Lender exceeding such Commitment, (iii) the Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Initial Revolving Facility Credit Exposure exceeding the total Swingline Lender’s Initial Revolving Facility Commitments and Commitment (iiin its capacity as an Initial Revolving Lender) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in or (xiv) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Initial Revolving Facility Credit Exposure exceeding the total aggregate Initial Revolving Facility Commitments; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers a Co-Borrower may borrow, prepay and reborrow re-borrow Swingline Loans.

Appears in 3 contracts

Samples: Credit Agreement (Graftech International LTD), Credit Agreement (Graftech International LTD), Credit Agreement (Graftech International LTD)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period, Period in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of the outstanding Swingline Loans exceeding $50,000,000, (ii) the aggregate principal amount of outstanding Swingline Dollar Loans made by of any Swingline Lender exceeding the Swingline Commitment of such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or , (yiii) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to of any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or its Commitment, (yiv) the sum of the Revolving Facility Credit Exposure Exposures of all the Lenders exceeding the total Revolving Facility Commitmentssum of the Commitments of all the Lenders or (v) the sum of the Swingline Exposure attributable to Swingline Loans maturing after any Existing Maturity Date and the LC Exposure attributable to Letters of Credit expiring after such Existing Maturity Date exceeding the sum of the Commitments that shall have been extended to a date after the latest maturity date of such Swingline Loans and the latest expiration date of such Letters of Credit; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. The failure of any Swingline Lender to make any Swingline Loan required to be made by it shall not relieve any other Swingline Lender of its obligations hereunder; provided that the Swingline Commitments of the Swingline Lenders are several and no Swingline Lender shall be responsible for any other Swingline Lender’s failure to make Swingline Loans as required.

Appears in 3 contracts

Samples: Assignment and Acceptance (Hess Midstream Partners LP), Assignment and Acceptance (Hess Midstream Partners LP), Guarantee Agreement (Hess Midstream Partners LP)

Swingline Loans. (a) Subject to the terms and conditions set forth hereinhereof, (i) each including without limitation Section 2.16, the Swingline Dollar Lender agrees to make Swingline Dollar Loans denominated in Dollars to any Domestic Swingline Borrower from time to time the Borrower, during the Revolving Availability Periodperiod from the Effective Date to but excluding the Swingline Maturity Date, in an aggregate principal amount at any one time outstanding for up to, but not exceeding, the lesser (such lesser amount being referred to as the “Swingline Availability”) of (i) $50,000,000, as such amount may be reduced from time to time in accordance with the terms hereof and (ii) the Revolving Commitment of the Swingline Lender in its capacity as a Revolving Lender minus the aggregate outstanding principal amount of Revolving Loans of the Swingline Lender in its capacity as a Revolving Lender; provided, however, the Swingline Lender shall not be obligated to make Swingline Loans if the aggregate principal amount at such time of its outstanding Revolving Loans and Swingline Loans together with the Swingline Lender’s Revolving Commitment Percentage of the Stated Amount of all issued and outstanding Letters of Credit exceeds the then Commitment of the Swingline Dollar Loans that will not result in (x) Lender. If at any time the aggregate principal amount of the Swingline Loans outstanding at such time exceeds the Swingline Dollar Loans made by Availability at such time, the Borrower shall immediately pay the Administrative Agent for the account of the Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowingexcess. Within the foregoing limits and subject Subject to the terms and conditions set forth hereinof this Agreement, the Borrowers Borrower may borrow, prepay repay and reborrow Swingline LoansLoans hereunder. The borrowing of a Swingline Loan shall not constitute usage of any Revolving Lender’s Revolving Commitment for purposes of calculation of the fee payable under Section 3.5(b).

Appears in 3 contracts

Samples: Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, to make (x) U.S. Swingline Dollar Loans to any Domestic the Company from time to time during the Availability Period and (y) European Swingline Loans to the Company or the European Borrower from time to time during the Revolving Availability Period; provided that no such Swingline Loan under any Revolving Credit Facility shall be permitted if, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in after giving effect thereto, (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by under such Revolving Credit Facility would exceed the Swingline Dollar Lender exceeding Loan Sublimit of such Swingline Dollar Lender’s Swingline Dollar Commitment Revolving Credit Facility or (yii) the aggregate Revolving Credit Exposures under such Revolving Credit Facility Credit Exposure exceeding would exceed the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the under such Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsFacility; provided further that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Company and/or the European Borrower, as applicable, may borrow, prepay and reborrow Swingline Loans. Immediately upon the making of a Swingline Loan, each Applicable Participant shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender a risk participation in such Swingline Loan in an amount equal to the product of such Applicable Participant’s Applicable Percentage times the amount of such Swingline Loan.

Appears in 3 contracts

Samples: Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.), Restatement Agreement (Constellation Brands, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make (i) Domestic Swingline Dollar Loans to any Domestic Swingline the Parent Borrower from time to time during the Domestic Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xA) the aggregate principal amount of outstanding Domestic Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment $5,000,000 or (yB) the sum of the total Domestic Revolving Facility Credit Exposure Exposures exceeding the total Domestic Revolving Facility Commitments and (ii) each Multicurrency Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Multicurrency Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xA) the aggregate principal amount of outstanding Multicurrency Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment $5,000,000 or (yB) the sum of the total Multicurrency Revolving Facility Exposures (determined based on Assigned Dollar Values, in the case of Alternative Currency Loans, Alternative Currency Letters of Credit Exposure and Alternative Currency LC Disbursements) exceeding the total Multicurrency Revolving Facility Commitments; , provided that no that, in each case, the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be made in Dollars.

Appears in 3 contracts

Samples: Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, to make (x) U.S. Swingline Dollar Loans in Dollars to any Domestic Swingline either Borrower from time to time during the Revolving Availability Period and (y) Alternative Currency Swingline Loans in Dollars to either Borrower from time to time during the Availability Period; provided that no such Swingline Loan shall be permitted if, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in after giving effect thereto, (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such would exceed the Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and Loan Sublimit, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the aggregate U.S. Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in Credit Exposures would exceed the total U.S. Revolving Commitments or (xiii) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Alternative Currency Revolving Facility Credit Exposure exceeding Exposures would exceed the total Alternative Currency Revolving Facility Commitments; provided further that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans. Immediately upon the making of a Swingline Loan, each U.S. Revolving Lender, in the case of U.S. Swingline Loans, and each Alternative Currency Revolving Lender, in the case of Alternative Currency Swingline Loans, shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender a risk participation in such Swingline Loan in an amount equal to the product of such Revolving Lender’s Applicable Percentage times the amount of such Swingline Loan.

Appears in 2 contracts

Samples: Assignment and Assumption (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the US Tranche Swingline Dollar Lender agrees to make US Tranche Swingline Dollar Loans in US Dollars to any Domestic Swingline Borrower the Company from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding US Tranche Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment $75,000,000 or (yii) the total US Tranche Revolving Facility Credit Exposure Exposures exceeding the total US Tranche Revolving Facility Commitments Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Subject to the terms and (ii) each conditions set forth herein, the Canadian Tranche Swingline Euro Lender agrees to make Canadian Tranche Swingline Euro Loans in Canadian Dollars to any Foreign Swingline Borrower the Canadian Borrowers from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xi) the US Dollar Equivalent of the aggregate principal amount of outstanding Canadian Tranche Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment $5,000,000 or (yii) the sum of the Revolving Facility Credit Exposure total Canadian Tranche Exposures exceeding the total Revolving Facility Canadian Tranche Commitments; provided that no the Canadian Tranche Swingline Lender shall not be required to make a Canadian Tranche Swingline Loan to refinance an outstanding Canadian Tranche Swingline Loan. Subject to the terms and conditions set forth herein, the UK Tranche Swingline Lender agrees to make UK Tranche Swingline Loans in Pounds Sterling or Euro to the UK Borrowers from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the US Dollar Borrowing Equivalent of the aggregate principal amount of outstanding UK Tranche Swingline Loans exceeding $1,000,000 or (ii) the total UK Tranche Exposures exceeding the total UK Tranche Commitments; provided that the UK Tranche Swingline Euro BorrowingLender shall not be required to make a UK Tranche Swingline Loan to refinance an outstanding UK Tranche Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Yrc Worldwide Inc), Credit Agreement (Yrc Worldwide Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each US Swingline Dollar Lender agrees to make US Swingline Dollar Loans to the Company or any Domestic Swingline Borrower Borrowing Subsidiary denominated in US Dollars from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (yi) the sum of the principal amounts of the outstanding US Swingline Loans exceeding US$200,000,000, (ii) the aggregate amount of outstanding US Swingline Loans made by any US Swingline Lender exceeding such US Swingline Lender’s Swingline Commitment, (iii) the aggregate amount of the US Tranche Revolving Facility Credit Exposure Exposures exceeding the aggregate amount of the US Tranche Commitments, (iv) the aggregate amount of the Multicurrency Tranche Revolving Credit Exposures exceeding the aggregate amount of the Multicurrency Tranche Commitments or (v) the sum of the aggregate Revolving Credit Exposures plus the total Competitive Loan Exposures exceeding the total Revolving Facility Commitments; provided that no US Swingline Lender shall be required to make a US Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Company and Borrowing Subsidiaries may borrow, prepay and reborrow US Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Kellogg Co), Year Credit Agreement (Kellogg Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, to make (x) U.S. Swingline Dollar Loans to any Domestic the Company from time to time during the Availability Period and (y) European Swingline Loans to the Company, the Original European Borrower or the Additional European Borrower from time to time during the Revolving Availability Period; provided that no such Swingline Loan under any Revolving Credit Facility shall be permitted if, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in after giving effect thereto, (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by under such Revolving Credit Facility would exceed the Swingline Dollar Lender exceeding Loan Sublimit of such Swingline Dollar Lender’s Swingline Dollar Commitment Revolving Credit Facility or (yii) the aggregate Revolving Credit Exposures under such Revolving Credit Facility Credit Exposure exceeding would exceed the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the under such Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsFacility; provided further that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Company, the Original European Borrower and/or the Additional European Borrower, as applicable, may borrow, prepay and reborrow Swingline Loans. Immediately upon the making of a Swingline Loan, each Applicable Participant shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender a risk participation in such Swingline Loan in an amount equal to the product of such Applicable Participant’s Applicable Percentage times the amount of such Swingline Loan.

Appears in 2 contracts

Samples: Restatement Agreement (Constellation Brands, Inc.), Assignment and Assumption (Constellation Brands, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans denominated in US Dollars to any Domestic Swingline Borrower the Borrowers from time to time during the Revolving Availability Period, Period in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of the outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding US$40,000,000, (ii) any Lender’s US Tranche Revolving Exposure exceeding such Swingline Dollar Lender’s Swingline Dollar US Tranche Revolving Commitment, (iii) the Aggregate US Tranche Revolving Exposure exceeding the Aggregate US Tranche Revolving Commitment, (iv) any Lender’s European Tranche Revolving Exposure exceeding such Lender’s European Tranche Revolving Commitment or (yv) the Aggregate European Tranche Revolving Facility Credit Exposure exceeding the total Aggregate European Tranche Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsCommitment; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (TripAdvisor, Inc.), Credit Agreement (TripAdvisor, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower the Borrowers from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans (calculated, in the case of Alternate Currency Loans, based on the Dollar Loans made by such Equivalent thereof) exceeding the Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (yii) the Revolving Facility Credit Exposure of the applicable Class exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during of such Class; provided, that the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans. The interest rate for a Swingline Loan in Dollars shall be ABR plus the Applicable Margin for Revolving Loans that are ABR Loans or, if a Working Cash Agreement is in effect, at the LIBOR based rate plus the Applicable Margin for Revolving Loans that are Eurocurrency Loans determined in accordance with such Working Cash Agreement. The interest rate for a Swingline Loan in an Alternate Currency shall be a LIBOR based rate plus the Applicable Margin for Revolving Loans that are Eurocurrency Loans.

Appears in 2 contracts

Samples: Joinder Agreement (Presidio, Inc.), Credit Agreement (Presidio, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such exceeding the Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided provided, that no the Swingline Lender shall not be required to make a Swingline Loan (x) to refinance an outstanding Swingline Dollar Borrowing or (y) at a time when a Revolving Facility Lender is a Defaulting Lender unless the Swingline Euro BorrowingLender has entered into arrangements satisfactory to it and the Borrower to eliminate the Swingline Lender’s risk with respect to such Defaulting Lender’s or Defaulting Lenders’ participation in such Swingline Loans, including by cash collateralizing, or obtaining a backstop letter of credit from an issuer reasonably satisfactory to the Issuing Bank to support, such Defaulting Lender’s or Defaulting Lenders’ ratable share of the outstanding Swingline Loans. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Verso Paper Corp.), Credit Agreement (Verso Paper Corp.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, to make Swingline Dollar Loans in Dollars to any Domestic Swingline the U.S. Borrower from time to time during the Revolving Availability Period; provided that no such Swingline Loan shall be permitted if, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in after giving effect thereto, (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made would exceed the Swingline Loan Sublimit, (ii) the aggregate Revolving Credit Exposures would exceed the total Revolving Commitments or (iii) unless otherwise agreed by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans, Revolving Loans made and Letters of Credit issued by such Swingline Euro Lender exceeding would exceed such Swingline Euro Lender’s Swingline Euro Commitment or (y) Revolving Commitments hereunder; provided, further, that the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers U.S. Borrower may borrow, prepay and reborrow Swingline Loans. Immediately upon the making of a Swingline 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 Swingline Loan in an amount equal to the product of such Revolving Lender’s Applicable Percentage times the amount of such Swingline Loan.

Appears in 2 contracts

Samples: Credit Agreement (CONDUENT Inc), Credit Agreement (CONDUENT Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to the Company and any Domestic Swingline Borrower Borrowing Subsidiary denominated in Euros from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (yi) the sum of the US Dollar Equivalents of the principal amounts of the outstanding Swingline Loans exceeding US$300,000,000, (ii) the sum of the US Dollar Equivalents of the principal amounts of outstanding Swingline Loans made by any Swingline Lender exceeding such Swingline Lender’s Swingline Commitment, (iii) the total Multicurrency Tranche Revolving Facility Credit Exposure Exposures exceeding the total Multicurrency Tranche Commitments, (iv) the Multicurrency Tranche Revolving Facility Credit Exposure of any Lender exceeding such Lender’s Multicurrency Tranche Commitment or (v) the sum of the total Revolving Credit Exposures plus the total Competitive Loan Exposures exceeding the total Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Company and the Borrowing Subsidiaries may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Assignment and Acceptance (Kellogg Co), Credit Agreement (Kellogg Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans in Dollars to any Domestic Swingline the Borrower from time to time during the Revolving 2023 Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and $25,000,000, (ii) each Swingline Euro Lender agrees subject to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability PeriodSections 2.04 and 2.11(b), in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Dollar Amount of the total 2020 Multicurrency Tranche Revolving Facility Credit Exposure Exposures plus the total 2023 Multicurrency Tranche Revolving Credit Exposures exceeding the aggregate Multicurrency Tranche Commitments, (iii) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the total 2020 Multicurrency Tranche Revolving Credit Exposures exceeding the aggregate 2020 Multicurrency Tranche Commitments, (iv) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the total 2023 Multicurrency Tranche Revolving Credit Exposures exceeding the aggregate 2023 Multicurrency Tranche Commitments or (v) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the total Revolving Facility Credit Exposures exceeding the aggregate Revolving Commitments; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Microchip Technology Inc), Credit Agreement (Microchip Technology Inc)

Swingline Loans. (a) Subject to Upon the terms and subject to the conditions set forth hereinof this Agreement, the Swingline Lender, in its sole discretion, may make loans (i“Swingline Loans”) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline the Borrower from time to time on any Business Day during the Revolving Availability Period, period from and including the Closing Date to but excluding the Swingline Termination Date in an aggregate principal amount at any time outstanding for all up to but not exceeding the Swingline Dollar Loans that will not result in (x) Loan Commitment at such time less the aggregate principal amount balance of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans outstanding at such time; provided, that will not result in (x) the aggregate principal amount balance of all Swingline Loans then outstanding Swingline Euro Loans made by (or which would be outstanding if such Swingline Euro Lender exceeding Loan were to be made) plus the aggregate principal balance of all Revolving Credit Loans then outstanding plus the aggregate LC Exposure of all Banks at such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding time does not exceed the total Revolving Facility CommitmentsCommitments of all Banks at such time; and provided further, that no the Swingline Lender shall be required have no obligation to make a Swingline Loan to refinance an outstanding if the Swingline Dollar Borrowing Lender has received notice from the Borrower or Swingline Euro Borrowingany Bank that one or more of the conditions precedent set forth in this Agreement have not been satisfied. Within the foregoing limits and subject Subject to the terms and conditions set forth hereinof this Agreement, during such period the Borrowers Borrower may borrow, prepay repay and reborrow re-borrow Swingline Loans. All Swingline Loans shall be Base Rate Loans.

Appears in 2 contracts

Samples: Credit Agreement (Cerner Corp /Mo/), Credit Agreement (Cerner Corp /Mo/)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, each Swingline Lender severally agrees to make Swingline Loans, denominated in dollars, to the Borrower in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of the outstanding Swingline Dollar Loans made by such exceeding aggregate Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and Commitment, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of the outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment, (iii) such Swingline Lender’s Revolving Exposure exceeding such Swingline Lender’s Revolving Commitment (in its capacity as a Lender) or (yiv) the sum of the Aggregate Revolving Facility Credit Exposure exceeding the total Aggregate Revolving Facility CommitmentsCommitment; provided that (A) no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Loan and (B) each Swingline Loan shall be made as part of a Borrowing or consisting of Swingline Euro BorrowingLoans made by the Swingline Lenders ratably in accordance with their respective Swingline Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. The failure of any Swingline Lender to make any Swingline Loan required to be made by it shall not relieve any other Swingline Lender of its obligations hereunder; provided that the Swingline Commitments of the Swingline Lenders are several and no Swingline Lender shall be responsible for any other Swingline Lender’s failure to make Swingline Loans as required.

Appears in 2 contracts

Samples: Credit Agreement (Chemours Co), Credit Agreement (Chemours Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees Lenders agree to make Swingline Dollar Loans in dollars to any Domestic Swingline the Borrower from time to time during the Revolving Availability PeriodPeriod ratably in accordance with its respective Swingline Commitment, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such exceeding for the Swingline Dollar Lender exceeding such $75,000,000 or for both Swingline Dollar Lender’s Swingline Dollar Commitment Lenders $150,000,000 or (yii) the Revolving Facility total Credit Exposure Exposures exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no the Swingline Lender Lenders shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. The failure of any Swingline Lender to make any Swingline Loan required to be made by it shall not relieve any other Swingline Lender of its obligations hereunder; provided that the Swingline Commitments of the Swingline Lenders are several and no Swingline Lender shall be responsible for any other Swingline Lender’s failure to make Loans as required. Each Swingline Loan shall be in an amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided, that a Swingline Loan may be in an aggregate amount that is equal to the AMENDED AND RESTATED 5-YEAR REVOLVING CREDIT AGREEMENT entire available balance of the total Swingline Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(c).

Appears in 1 contract

Samples: Credit Agreement (Pioneer Natural Resources Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and Commitment, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of all outstanding Swingline Euro Loans made by exceeding $45,000,000, (iii) such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Revolving Credit Exposure exceeding its Revolving Commitment or (yiv) the sum of the total Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. The Borrower may, at any time and from time to time, reduce the Swingline Commitment of any Swingline Lender with the consent of such Swingline Lender; provided that the Borrower shall not reduce the Swingline Commitment of any Swingline Lender if, after giving effect of such reduction, the conditions set forth in clauses (i) through (iv) above shall not be satisfied.

Appears in 1 contract

Samples: Revolving Credit Agreement (Xenia Hotels & Resorts, Inc.)

Swingline Loans. (ai) Subject to The Swingline Lender agrees, on the terms and subject to the conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans a portion of the Revolving Commitments available to any Domestic Swingline Borrower the Borrowers from time to time during prior to the Swingline Termination Date by making Swingline Loans to the Borrowers in Dollars, Pounds Sterling or Euros (each such loan, a “Swingline Loan” and collectively, the “Swingline Loans”); provided that (i) the aggregate Dollar Amount of the Swingline Loans outstanding at any one time shall not exceed the Swingline Committed Amount, (ii) with regard to each Lender individually (other than the Swingline Lender in its capacity as such), the Dollar Amount of such Lender’s outstanding Revolving Availability Period, Loans plus its Participation Interests in an aggregate principal amount outstanding Swingline Loans plus its Participation Interests in outstanding LC Obligations shall not at any time outstanding for all Swingline Dollar Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Dollar Loans made by exceed such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Revolving Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum Percentage of the Revolving Facility Credit Exposure exceeding Committed Amount, (iii) with regard to the total Revolving Facility Commitments; provided Lenders collectively, the aggregate Dollar Amount of the Revolving Outstandings shall not exceed the Revolving Committed Amount and (iv) the Swingline Committed Amount shall not exceed the aggregate of the Revolving Commitments then in effect. Swingline Loans may be repaid and reborrowed in accordance with the provisions hereof prior to the Swingline Termination Date. Swingline Loans may be made notwithstanding the fact that no such Swingline Lender shall be required to make Loans, when aggregated with the Swingline Lender’s other Revolving Outstandings, exceeds its Revolving Commitment. The proceeds of a Swingline Loan Borrowing may be used, in whole or in part, to refinance an outstanding refund any prior Swingline Dollar Borrowing or Swingline Euro Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Carpenter Technology Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Borrower in Dollars or (solely in the case of Swingline Loans made by JPMCB) in an Alternative Currency, as the Borrower elects, from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding a Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and Amount equal to $100,000,000, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such either Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment a Dollar Amount equal to $50,000,000, (iii) the total Revolving Credit Exposures of all Lenders exceeding the total Commitments or (yiv) the sum of the Revolving Facility Credit Alternative Currency Exposure exceeding the total Revolving Facility CommitmentsAlternative Currency Sublimit; provided that (x) no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Loan and (y) the Borrowers shall use commercially reasonable efforts to allocate usage equally between the two Swingline Euro BorrowingLenders. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Cummins Inc)

Swingline Loans. (a) Subject to the terms and conditions herein set forth hereinforth, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans loans to the Borrowers at any Domestic Swingline Borrower time and from time to time during on or after the Closing Date and until the earlier of the Revolving Availability PeriodCredit Maturity Date and the termination of the Revolving Credit Commitments, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding all Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or $50,000,000 in the aggregate, (yii) the Aggregate Revolving Facility Credit Exposure exceeding the total Total Revolving Facility Commitments and Credit Commitment or (iiiii) each the Revolving Credit Exposure attributable to the Subsidiary Borrower exceeding the Subsidiary Borrower Sublimit; provided that notwithstanding the foregoing, the Swingline Euro Lender agrees shall not be obligated to make any Swingline Euro Loans at a time when a Revolving Credit Lender is a Defaulting Lender, unless the Swingline Lender has entered into arrangements reasonably satisfactory to any Foreign it and the US Borrower to eliminate the Swingline Borrower Lender’s risk with respect to the Defaulting Lender’s participation in such Swingline Loans, including by cash collateralizing such Defaulting Lender’s Pro Rata Percentage of the outstanding amount of Swingline Loans. Each Swingline Loan shall be in a principal amount that is an integral multiple of $250,000. The Swingline Commitment may be terminated or reduced from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; as provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowingherein. Within the foregoing limits and subject to the terms and conditions set forth hereinlimits, the Borrowers may borrow, pay or prepay and reborrow Swingline LoansLoans hereunder, subject to the terms, conditions and limitations set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Univision Communications Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees Lenders agree to make Swingline Dollar Loans in dollars to any Domestic Swingline the Borrower from time to time during the Revolving Availability PeriodPeriod ratably in accordance with its respective Swingline Commitment, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such exceeding for any Swingline Dollar Lender exceeding such $50,000,000 or for all Swingline Dollar Lender’s Swingline Dollar Commitment Lenders $150,000,000 or (yii) the Revolving Facility total Credit Exposure Exposures exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no the Swingline Lender Lenders shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. The failure of any Swingline Lender to make any Swingline Loan required to be made by it shall not relieve any other Swingline Lender of its obligations hereunder; provided that the Swingline Commitments of the Swingline Lenders are several and no Swingline Lender shall be responsible for any other Swingline Lender’s failure to make Loans as required. Each Swingline Loan shall be in an amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided, that a Swingline Loan may be in an aggregate amount that is equal to the entire available balance of the total Swingline Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(c).

Appears in 1 contract

Samples: Joinder Agreement (Pioneer Natural Resources Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make (i) in the case of JPMCB, (A) Tranche One Swingline Dollar Loans and Tranche Two Swingline Loans to the Company, any US Borrowing Subsidiary or any Canadian Borrowing Subsidiary denominated in US Dollars, (B) Tranche One Swingline Loans to any Domestic Canadian Borrowing Subsidiary denominated in Canadian Dollars, (C) Tranche One Swingline Loans and Tranche Two Swingline Loans to any UK Borrowing Subsidiary or Irish Borrowing Subsidiary denominated in Sterling or (D) Tranche One Swingline Loans and Tranche Two Swingline Loans to any Borrower that is not a US Borrowing Subsidiary denominated in Euro, and (ii) in the case of any other Swingline Lender, such Swingline Loans as it shall agree to make pursuant to its Swingline Agreement, in each case from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (x1) the aggregate outstanding principal amount of outstanding the Swingline Dollar Loans made by such Swingline Dollar Lender denominated in US Dollars exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or US$50,000,000, (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x2) the aggregate outstanding principal amount of the Swingline Loans denominated in Canadian Dollars exceeding Cdn.$100,000,000, (3) the aggregate outstanding principal amount of the Swingline Loans denominated in Sterling exceeding £10,000,000, (4) the aggregate outstanding principal amount of the Swingline Loans denominated in Euro Loans made by such exceeding €10,000,000, (5) the aggregate Tranche One Revolving Credit Exposures exceeding the aggregate Tranche One Commitments, (6) the Tranche One Revolving Credit Exposure of any Lender (including a Swingline Euro Lender Lender) exceeding such Swingline Euro Lender’s Swingline Euro Commitment its Tranche One Commitment, (7) the aggregate Tranche Two Revolving Credit Exposures exceeding the aggregate Tranche Two Commitments or (y) 8) the sum of the Tranche Two Revolving Facility Credit Exposure of any Lender (including a Swingline Lender) exceeding the total Revolving Facility Commitmentsits Tranche Two Commitment; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Each Swingline Loan will reduce availability under the applicable Tranche on a dollar-for-dollar basis, based on the US Dollar Borrowing or Equivalent of such Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Company and the Borrowing Subsidiaries may borrow, prepay and reborrow Swingline Loans. The failure of any Swingline Lender to make any Swingline Loan required to be made by it shall not relieve any other Swingline Lender of its obligations hereunder; provided that the Swingline Commitments of the Swingline Lenders are several and no Swingline Lender shall be responsible for any other Swingline Lender’s failure to make Swingline Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Amerisourcebergen Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to may in its sole discretion make Swingline Dollar Loans in Agreed Loan Currencies to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount Dollar Amount at any time outstanding for all Swingline Dollar Loans that will not not, subject to fluctuations in currency exchange rates and Section 2.11.2, result in (xi) subject to Section 2.04, the Dollar Amount of the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or Sublimit, except to the extent otherwise agreed by such Swingline Lender and the Company with notice to the Administrative Agent, (yii) the subject to Section 2.04, any Swingline Lender’s Revolving Facility Credit Exposure exceeding its Revolving Commitment, (iii) subject to Section 2.04, the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time Dollar Amount of outstanding for all Swingline Euro Loans that will not result in exceeding $75,000,000, (xiv) subject to Section 2.04, the Dollar Amount of the Total Revolving Credit Exposures exceeding the Aggregate Commitmentaggregate Revolving Commitments or (v) subject to Section 2.04, the Dollar Amount of the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure denominated in a Foreign Currency exceeding the total Revolving Facility CommitmentsSwingline Foreign Currency Sublimit; provided that no a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers any Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (PENTAIR PLC)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, Period (i) US Tranche Swingline Loans to the US Borrower in US Dollars in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xA) the aggregate principal amount of outstanding US Tranche Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment US$25,000,000 or (yB) the aggregate US Tranche Revolving Facility Credit Exposure Exposures exceeding the total aggregate US Tranche Revolving Facility Commitments and (ii) each Australian Tranche Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline the Australian Borrower from time to time during the Revolving Availability Period, in Australian Dollars in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xA) the aggregate principal amount of outstanding Australian Tranche Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment US$10,000,000 or (yB) the sum of the aggregate Australian Revolving Facility Credit Exposure Tranche Exposures exceeding the total aggregate Australian Revolving Facility Tranche Commitments; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, repay, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Millennium Chemicals Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and Commitment, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of all outstanding Swingline Euro Loans made by exceeding $45,000,000, (iii) such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Revolving Credit Exposure exceeding its Revolving Commitment or (yiv) the sum of the total Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. The Borrower may, at any time and from time to time, reduce the Swingline Commitment of any Swingline Lender with the consent of such Swingline Lender; provided that the Borrower shall not reduce the Swingline Commitment of any Swingline Lender if, after giving effect of such reduction, the conditions set forth in clauses (i) through (iv) above shall not be satisfied.

Appears in 1 contract

Samples: Revolving Credit Agreement (Xenia Hotels & Resorts, Inc.)

Swingline Loans. (a) Subject to On the terms and subject to the conditions set forth hereincontained in this Agreement, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower the Borrowers from time to time on any Business Day during the period from the Effective Date until the Revolving Availability PeriodCredit Termination Date, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such for all Borrowers exceeding the Swingline Dollar Lender Loan Sublimit, (ii) any Borrower’s Revolving Credit Outstandings exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or its Revolving Credit Sublimit, (yiii) the aggregate Revolving Facility Credit Exposure Outstandings exceeding the total then effective Revolving Facility Credit Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (yiv) the sum of (A) all outstanding Swingline Execution Version Loans plus (B) all outstanding Revolving Loans made by the Revolving Facility Swingline Lender in its capacity as a Lender plus (C) such Lender’s Ratable Portion of the aggregate Letter of Credit Exposure Obligations, exceeding the total amount of such Lender’s Revolving Facility CommitmentsCredit Commitment; provided provided, that no the Swingline Lender shall not be required to make a Swingline Loan (x) to refinance an outstanding Swingline Dollar Borrowing Loan or (y) so long as any Lender is a Defaulting Lender, unless the Swingline Euro BorrowingLender is satisfied that it will have no Fronting Exposure after making such Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Revolving Credit Agreement (Boardwalk Pipeline Partners, LP)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each a Swingline Dollar Lender agrees to may make Swingline Dollar Loans to any Domestic Swingline the Revolving Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the Dollar Equivalent of the aggregate principal amount of outstanding Swingline Dollar Loans, other than Swingline Shekel Loans made by such and Swingline Dollar Lender Peso Loans, exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and $50,000,000, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) Dollar Equivalent of the aggregate principal amount of outstanding Swingline Euro Shekel Loans made by such exceeding $15,000,000, (iii) the Dollar Equivalent of the aggregate principal amount of outstanding Swingline Euro Peso Loans exceeding $15,000,000 or (iv) the Aggregate Revolving Credit Exposure exceeding the Aggregate Commitments. Notwithstanding the foregoing, (x) the Swingline Shekel Lender exceeding such may only make Swingline Euro Lender’s Shekel Loans and shall not make any other Swingline Euro Commitment or Loans, and any other Swingline Lender may not make Swingline Shekel Loans and (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no Swingline Peso Lender may only make Swingline Peso Loans and shall not make any other Swingline Loans, and any other Swingline Lender shall be required to may not make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingPeso Loans. Within the foregoing limits and subject to the terms and conditions set forth hereinherein (or as otherwise agreed to among the Revolving Borrower, the Borrowers Administrative Agent, Swingline Shekel Lender and the Swingline Peso Lender), the Revolving Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Revolving Credit Agreement (PERRIGO Co LTD)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each a Swingline Dollar Lender agrees to may make Swingline Dollar Loans to any Domestic Swingline the Revolving Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the Dollar Equivalent of the aggregate principal amount of outstanding Swingline Dollar Loans made by such exceeding $100,000,000, (ii) the Aggregate Revolving Credit Exposure exceeding the Aggregate Commitments, (iii) the Swingline Dollar Exposure of a Swingline Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment (in its capacity as a Lender) or (yiv) the Revolving Facility Credit Exposure of any Lender exceeding its Commitment. Upon the Borrowing of any Loan under Section 2.01, any outstanding Swingline Loans shall be repaid in full. Swingline Loans with respect to a particular currency shall be made ratably (on a several and not joint basis and calculated based on such Swingline Lender’s Commitment to the total Revolving Facility Commitments and (iiof all applicable Swingline Lenders of such currency) by each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no applicable Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowingof such currency. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Revolving Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Revolving Credit Agreement (PERRIGO Co PLC)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make loans to the Borrower (each such loan, a “Swingline Dollar Loans to any Domestic Swingline Borrower Loan”) from time to time during the Revolving Availability Period, Period in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made provided by such all Swingline Dollar Lender Lenders exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and $20,000,000, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made provided by such any individual Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment $10,000,000 or (yiii) (%3) the sum of the aggregate Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility aggregate Commitments; provided that (x) no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing Loan and (y) no Swingline Lender shall be required to make a Swingline Loan that would result in the total outstanding amount of such Lender’s Loans to exceed such Lender’s Commitment. The Borrower shall pay to the Administrative Agent, for the account of the applicable Swingline Lender or each Lender, as applicable, pursuant to Section 2.08(c), the outstanding aggregate principal and accrued and unpaid interest under each Swingline Euro Loan no later than seven (7) Business Days following such Swingline Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow amounts under the subfacility for Swingline LoansLoans provided for in this Section 2.08, provided that, for the avoidance of doubt, in no event may the Borrower continue or convert a Swingline Loan.

Appears in 1 contract

Samples: Credit Agreement (Oasis Midstream Partners LP)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans in Dollars to any Domestic Swingline Borrower the Borrowers from time to time during on and after the Revolving Availability PeriodFunding Date and prior to the Commitment Termination Date, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or Commitment, (yii) the Revolving Facility Credit Exposure of all Lenders exceeding the total Revolving Facility Commitments and Credit Commitment Amount then in effect or (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xiii) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsCommitment; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing Loan and provided, further that, if there exists a Defaulting Lender, no Swingline Lender shall be required to make a Swingline Loan unless the Company shall have complied with Section 2.16(e) with respect to any Fronting Exposure that exists at the time of such extension of credit or Swingline Euro Borrowingwould exist immediately after giving effect to such extension of credit. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers each Borrower may borrow, prepay repay and reborrow Swingline Loans. For the avoidance of doubt, Swingline Loans may be made by one or both Swingline Lenders, at the Company’s election, and need not be funded pro rata in accordance with each Swingline Lender’s respective share of the aggregate Swingline Commitments.

Appears in 1 contract

Samples: Revolving Credit Agreement (Noble Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make (i) Global Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Availability PeriodPeriod in Dollars, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Dollar Loans made by such exceeding the Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment Loan Sublimit or (y) the aggregate principal amount of the total 2020 Extended Global Revolving Facility Credit Exposure Exposures exceeding the total 2020 Extended Global Revolving Facility Commitments and (ii) each U.S. Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower the Domestic Subsidiary Borrowers from time to time during the Revolving Availability PeriodPeriod in Dollars, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such exceeding the Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment Loan Sublimit or (y) the sum aggregate principal amount of the total 2020 Extended U.S. Revolving Facility Credit Exposure Exposures exceeding the total 2020 Extended U.S. Revolving Facility Commitments; provided that no (I) the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Loan and (II) the Swingline Euro BorrowingLender shall not be required to make any Swingline Loan under any Revolving Facility to the extent the aggregate principal amount of the Revolving Loans made by the Lender acting as Swingline Lender that are then outstanding under such Revolving Facility, when aggregated with aggregate principal amount of Swingline Loans under such Revolving Facility, would exceed the amount of such Lender’s Revolving Commitment under such Revolving Facility. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Restatement Agreement (Aptiv PLC)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans in Dollars to any Domestic Swingline the Borrower from time to time during the Revolving 2018 Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding $50,000,000, (ii) the Dollar Loans made by such Swingline Amount of the total 2016 Dollar Lender Tranche Revolving Credit Exposures exceeding such Swingline the aggregate 2016 Dollar Lender’s Swingline Tranche Commitments, (iii) the Dollar Commitment Amount of the total 2018 Dollar Tranche Revolving Credit Exposures exceeding the aggregate 2018 Dollar Tranche Commitments, (iv) the Dollar Amount of the total Dollar Tranche Revolving Credit Exposures exceeding the aggregate Dollar Tranche Commitments or (yv) the Revolving Facility Credit Exposure exceeding Dollar Amount of the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) Credit Exposures exceeding the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: And Restatement Agreement (Endo Health Solutions Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans in Dollars to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding $75,000,000, (ii) the Dollar Loans made by Amount of the total Revolving Credit Exposures exceeding the Aggregate Revolving Commitment or (iii) the sum of (x) the Swingline Exposure of such Swingline Dollar Lender exceeding such (in its capacity as a Swingline Dollar Lender and a Revolving Lender’s Swingline Dollar Commitment or ), (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) Dollar Amount of the aggregate principal amount of outstanding Swingline Euro Revolving Loans made by such Swingline Euro Lender exceeding (in its capacity as a Revolving Lender) and (z) the LC Exposure of such Swingline Euro Lender (in its capacity as a Revolving Lender’s Swingline Euro ) shall not exceed its Revolving Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitmentsthen in effect; provided that no the Swingline Lender Lenders shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers any Swingline Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Signet Jewelers LTD)

Swingline Loans. (a) Subject to the terms and conditions set forth hereinhereof, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans a portion of the credit otherwise available to any Domestic Swingline the Borrower under the Commitments from time to time during until the Revolving Availability Period, in an Termination Date by making swing line loans (“Swingline Loans”) to the Borrower; provided that (i) the aggregate outstanding principal amount of Swingline Loans owed to the Swingline Lender at any time outstanding for all shall not exceed its Swingline Dollar Loans Commitment then in effect (notwithstanding that will not result in (x) the aggregate principal amount of outstanding Swingline Dollar Loans made by such owed to the Swingline Dollar Lender exceeding such at any time, when aggregated with the Swingline Dollar Lender’s Swingline Dollar other outstanding Loans, may exceed its Commitment or (ythen in effect) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each the Borrower shall not request, and the Swingline Euro Lender agrees shall not make, any Swingline Loan if, after giving effect to make the making of such Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability PeriodLoan, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (ywithout duplication) the sum of the Revolving Facility Credit Loans, the Swingline Loans and the LC Exposure exceeding would exceed the total Revolving Facility aggregate Commitments; provided that no the Swingline Lender shall be required to may not make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing Loan. Prior to the Termination Date, the Borrower may use the Swingline Commitment by borrowing, repaying (in whole or Swingline Euro Borrowing. Within the foregoing limits part) and subject to reborrowing, all in accordance with the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loanshereof.

Appears in 1 contract

Samples: Credit Agreement (Quicksilver Resources Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees Lenders agree to make Swingline Dollar Loans in dollars to any Domestic Swingline the Borrower from time to time during the Revolving Availability PeriodPeriod ratably in accordance with its respective Swingline Commitment, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such exceeding for the Swingline Dollar Lender exceeding such $50,000,000 or for both Swingline Dollar Lender’s Swingline Dollar Commitment Lenders $100,000,000 or (yii) the Revolving Facility total Credit Exposure Exposures exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no the Swingline Lender Lenders shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. The failure of any Swingline Lender to make any Swingline Loan required to be made by it shall not relieve any other Swingline Lender of its obligations hereunder; provided that the Swingline Commitments of the Swingline Lenders are several and no Swingline Lender shall be responsible for any other Swingline Lender's failure to make Loans as required. Each Swingline Loan shall be in an amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided, that a Swingline Loan may be in an aggregate amount that is equal to the entire available balance of the total Swingline Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(c).

Appears in 1 contract

Samples: Credit Agreement (Pioneer Natural Resources Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, to make (x) U.S. Swingline Dollar Loans to any Domestic the Company from time to time during the Availability Period and (y) European Swingline Loans to the Company, the Original European Borrower, the Additional European Borrower or the Second Additional European Borrower from time to time during the Revolving Availability Period; provided that no such Swingline Loan under any Revolving Credit Facility shall be permitted if, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in after giving effect thereto, (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by under such Revolving Credit Facility would exceed the Swingline Dollar Lender exceeding Loan Sublimit of such Swingline Dollar Lender’s Swingline Dollar Commitment Revolving Credit Facility or (yii) the aggregate Revolving Credit Exposures under such Revolving Credit Facility Credit Exposure exceeding would exceed the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the under such Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsFacility; provided further that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Company, the Original European Borrower, the Additional European Borrower and/or the Second Additional European Borrower, as applicable, may borrow, prepay and reborrow Swingline Loans. Immediately upon the making of a Swingline Loan, each Applicable Participant shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender a risk participation in such Swingline Loan in an amount equal to the product of such Applicable Participant’s Applicable Percentage times the amount of such Swingline Loan.

Appears in 1 contract

Samples: Restatement Agreement (Constellation Brands, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the US Swingline Dollar Lender agrees to make US Swingline Dollar Loans in US Dollars to any Domestic Swingline Borrower the Company from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding US Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment $50,000,000 or (yii) the total Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility Commitments Credit Commitments; provided that the US Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Subject to the terms and (ii) each conditions set forth herein, the applicable Foreign Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Loans in US Dollars and Alternative Currencies to a Foreign Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xi) the US Dollar Equivalent of the aggregate principal amount of outstanding Foreign Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or $25,000,000, (yii) the sum of the total Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility CommitmentsCredit Commitments or (iii) the US Dollar Equivalent of the total outstanding Revolving Loans, Foreign Swingline Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimit; provided that no Foreign Swingline Lender shall be required to make a Foreign Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Schulman a Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each theeach Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and Commitment, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding plus the amount of such Swingline Euro Lender’s Revolving Credit Exposure and LC Exposure exceeding its Commitment, (iii) the aggregate principal amount of all outstanding Swingline Euro Commitment Loans exceeding $150,000,000200,000,000 or (yiiiv) the sum of the Revolving Facility total Credit Exposure Exposures exceeding the total Revolving Facility Commitments; provided that no xxxxx Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. The failure of any Swingline Lender to make any Swingline Loan required to be made by it shall not relieve any other Swingline Lender of its obligations hereunder; provided that the Swingline Commitment of the Swingline Lenders are several and no Swingline Lender shall be responsible for any other Swingline Lender’s failure to make Swingline Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Western Midstream Partners, LP)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make (i) Global Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Availability PeriodPeriod in Dollars, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Dollar Loans made by such exceeding the Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment Loan Sublimit or (y) the aggregate principal amount of the total Global Revolving Facility Credit Exposure Exposures exceeding the total Global Revolving Facility Commitments and (ii) each U.S. Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower the Domestic Subsidiary Borrowers from time to time during the Revolving Availability PeriodPeriod in Dollars, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such exceeding the Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment Loan Sublimit or (y) the sum aggregate principal amount of the total U.S. Revolving Facility Credit Exposure Exposures exceeding the total U.S. Revolving Facility Commitments; provided that no (I) the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Loan and (II) the Swingline Euro BorrowingLender shall not be required to make any Swingline Loan under any Revolving Facility to the extent the aggregate principal amount of the Revolving Loans made by the Lender acting as Swingline Lender that are then outstanding under such Revolving Facility, when aggregated with aggregate principal amount of Swingline Loans under such Revolving Facility, would exceed the amount of such Lender’s Revolving Commitment under such Revolving Facility. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Delphi Automotive PLC)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline the Borrower Parties from time to time during the Revolving Availability Period, Period in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such exceeding the Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or Commitment, (yii) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and or, (iiiii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsBorrowing Base; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowing(iv) the Aggregate Credit Exposure exceeding the total Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower Parties may borrow, prepay repay and reborrow Swingline Loans. On the First Restatement Effective Date, all Existing Swingline Loans shall be deemed to be repaid (other than for purposes of Section 2.16 of the Existing Revolving Credit Agreement) and reborrowed as Swingline Loans by the applicable Borrower Party.

Appears in 1 contract

Samples: Revolving Credit Agreement (CPG Newco LLC)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the US Tranche Swingline Dollar Lender agrees to make US Tranche Swingline Dollar Loans in Dollars to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding US Tranche Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment $25,000,000 or (yii) the Revolving Facility Credit Exposure total US Tranche Exposures exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility US Tranche Commitments; provided that no the Swingline Lender shall not be required to make a US Tranche Swingline Loan to refinance an outstanding US Tranche Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow US Tranche Swingline Loans. Subject to the terms and conditions set forth herein, the Multicurrency Tranche Swingline Lender agrees to make Multicurrency Tranche Swingline Loans in Euro or Sterling to the UK Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in the Dollar Equivalent of the aggregate principal amount of outstanding Multicurrency Tranche Swingline Loans exceeding the Dollar Equivalent of $5,000,000 or (ii) the total Multicurrency Tranche Exposures exceeding the total Multicurrency Tranche Commitments; provided that the Multicurrency Tranche Swingline Lender shall not be required to make a Multicurrency Tranche Swingline Loan to refinance an outstanding Multicurrency Tranche Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the UK Borrower may borrow, prepay and reborrow Multicurrency Tranche Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (MPS Group Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees Lenders agree to make Swingline Dollar Loans in dollars to any Domestic Swingline the Borrower from time to time during the Revolving Availability PeriodPeriod ratably in accordance with its respective Swingline Commitment, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such exceeding for the Swingline Dollar Lender exceeding such $40,000,000 or for both Swingline Dollar Lender’s Swingline Dollar Commitment Lenders $80,000,000 or (yii) the Revolving Facility total Credit Exposure Exposures exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no the Swingline Lender Lenders shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans.. The failure of any Swingline Lender to make any Swingline Loan required to be made by it shall not relieve any other Swingline Lender of its obligations hereunder; provided that the Swingline Commitments of the Swingline Lenders are several and no Swingline Lender shall be responsible for any other Swingline Lender's failure to make Loans as required. Each Swingline Loan shall be in an amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided, that a Swingline Loan may be in an aggregate amount that is equal to the entire available balance of the total Swingline Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(c). December 16, 2003

Appears in 1 contract

Samples: Pioneer Natural Resources Co

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to may in its sole discretion make Swingline Dollar Loans in Agreed Loan Currencies to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount Dollar Amount at any time outstanding for all Swingline Dollar Loans that will not not, subject to fluctuations in currency exchange rates and Section 2.11.2, result in (xi) subject to Section 2.04, the Dollar Amount of the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Sublimit, except to the extent otherwise agreed by such Swingline Lender and the Company with notice to the Administrative Agent, (ii) subject to Section 2.04, any Swingline Lender’s Revolving Credit Exposure exceeding its Commitment, (iii) subject to Section 2.04, the aggregate principal Dollar Amount of outstanding Swingline Loans exceeding $75,000,000, (iv) subject to Section 2.04, the Dollar Amount of the Total Revolving Credit Exposures exceeding the Aggregate Commitment or (yv) subject to Section 2.04, the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) Dollar Amount of the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure denominated in a Foreign Currency exceeding the total Revolving Facility CommitmentsSwingline Foreign Currency Sublimit; provided that no a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers any Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (PENTAIR PLC)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees may in its sole discretion (and without any obligation to do so) make Swingline Dollar Loans in U.S. Dollars to any Domestic Swingline Borrower the Borrowers from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or Commitment, (yii) the Euro Amount of such Swingline Lender’s Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and its Commitment (ii) each Swingline Euro Lender agrees such Commitment to make Swingline Euro Loans be calculated without giving effect to any Foreign assignment of any portion of the initial Swingline Borrower from time Lender’s original Commitment as of the Effective Date, unless such Swingline Lender also assigns a proportional amount of its Swingline Commitment to time during the Revolving Availability Periodassignee or to another Lender with a Commitment at least equal to the Commitment amount being assigned), in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in or (xiii) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum Amount of the Total Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility Commitments; provided that no a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Cabot Corp)

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Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, each Swingline Lender severally agrees to make Swingline Loans to the Borrower in an aggregate principal amount not to exceed at any time outstanding for all the amount of its Swingline Dollar Loans Commitment; provided however that will after giving effect to any Swingline Loan (i) the Total Revolving Credit Outstandings shall not result in exceed the Revolving Credit Facility at such time, (xii) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum Outstanding Amount of the Revolving Facility Credit Loans of any Lender at such time, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations at such time, plus such Xxxxxx’s Swingline Exposure exceeding the total at such time shall not exceed such Xxxxxx’s Revolving Facility CommitmentsCredit Commitment; provided that no a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Loan and (iii) the aggregate principal amount of outstanding Swingline Euro BorrowingLoans made by such Swingline Lender shall not exceed such Swingline Lender’s Swingline Commitment (unless such Swingline Lender agrees in writing to such overage in its sole discretion). Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. Each Swingline Loan shall be a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (MSCI Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s 's Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s 's Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (BCP Crystal Holdings Ltd. 2)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the US Tranche Swingline Dollar Lender agrees to make US Tranche Swingline Dollar Loans in US Dollars to any Domestic Swingline Borrower the Company from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding US Tranche Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment $0 or (yii) the total US Tranche Revolving Facility Credit Exposure Exposures exceeding the total US Tranche Revolving Facility Commitments Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Subject to the terms and (ii) each conditions set forth herein, the Canadian Tranche Swingline Euro Lender agrees to make Canadian Tranche Swingline Euro Loans in Canadian Dollars to any Foreign Swingline Borrower the Canadian Borrowers from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xi) the US Dollar Equivalent of the aggregate principal amount of outstanding Canadian Tranche Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment $0 or (yii) the sum of the Revolving Facility Credit Exposure total Canadian Tranche Exposures exceeding the total Revolving Facility Canadian Tranche Commitments; provided that no the Canadian Tranche Swingline Lender shall not be required to make a Canadian Tranche Swingline Loan to refinance an outstanding Canadian Tranche Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject Subject to the terms and conditions set forth herein, the UK Tranche Swingline Lender agrees to make UK Tranche Swingline Loans in Pounds Sterling or Euro to the UK Borrowers may borrowfrom time to time during the Availability Period, prepay in an aggregate principal amount at any time outstanding that will not result in (i) the US Dollar Equivalent of the aggregate principal amount of outstanding UK Tranche Swingline Loans exceeding $0 or (ii) the total UK Tranche Exposures exceeding the total UK Tranche Commitments; provided that the UK Tranche Swingline Lender shall not be required to make a UK Tranche Swingline Loan to refinance an outstanding UK Tranche Swingline Loan. For the avoidance of doubt, from and reborrow after the Amendment No. 2 Effective Date, no Swingline LoansLoans shall be made under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Yrc Worldwide Inc)

Swingline Loans. (a) Subject to the terms and conditions herein set forth hereinforth, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans loans to the Borrowers at any Domestic Swingline Borrower time and from time to time during on or after the Closing Date and until the earlier of the Revolving Availability PeriodCredit Maturity Date and the termination of the Revolving Credit Commitments, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding all Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment $25,000,000 in the aggregate or (yii) the Aggregate Revolving Facility Credit Exposure exceeding the total Total Revolving Facility Commitments and (ii) each Credit Commitment; provided that notwithstanding the foregoing, the Swingline Euro Lender agrees shall not be obligated to make any Swingline Euro Loans at a time when a Revolving Credit Lender is a Defaulting Lender, unless the Swingline Lender has entered into arrangements reasonably satisfactory to any Foreign it and the Parent Borrower to eliminate the Swingline Borrower Lender’s risk with respect to the Defaulting Lender’s participation in such Swingline Loans, including by cash collateralizing such Defaulting Lender’s Pro Rata Percentage of the outstanding amount of Swingline Loans. Each Swingline Loan shall be denominated in dollars and shall be in a principal amount that is a minimum amount of $500,000 and integral multiple of $100,000 in excess thereof. The Swingline Commitment may be terminated or reduced from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; as provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowingherein. Within the foregoing limits and subject to the terms and conditions set forth hereinlimits, the Borrowers may borrow, pay or prepay and reborrow Swingline LoansLoans hereunder, subject to the terms, conditions and limitations set forth herein.

Appears in 1 contract

Samples: Credit Agreement (VWR Funding, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans in Agreed Currencies to any Domestic Swingline Borrower the Borrowers from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount Dollar Amount of outstanding Swingline Dollar Loans made by such (other than Discretionary Swingline Dollar Lender Loans) exceeding such $15,000,000 (the “Committed Swingline Dollar Sublimit”), (ii) the Swingline Lender’s Swingline Dollar Revolving Credit Exposure exceeding its Commitment or (yiii) the sum of the total Revolving Facility Credit Exposure Exposures plus the aggregate principal Dollar Amount of outstanding Competitive Loans exceeding the total Revolving Facility Commitments and Commitments; provided that, notwithstanding the foregoing clause (ii) each i), the Swingline Euro Lender agrees to may, in its sole discretion, make additional Swingline Euro Loans to any Foreign in excess of the Committed Swingline Borrower from time to time during the Revolving Availability Period, Sublimit in an aggregate outstanding principal amount Dollar Amount not to exceed $15,000,000 at any time outstanding for all (the “Discretionary Swingline Euro Loans that will not result in Sublimit” and such additional Swingline Loans, “Discretionary Swingline Loans”) so long as, after giving effect to any such Discretionary Swingline Loans, (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Revolving Credit Exposure does not exceed its Commitment or and (y) the sum of the total Revolving Facility Credit Exposure exceeding Exposures plus the aggregate principal Dollar Amount of outstanding Competitive Loans does not exceed the total Revolving Facility Commitments; provided that no . The Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Franklin Electric Co Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the U.S. Swingline Dollar Lender agrees to make Swingline Dollar Loans in Dollars to any Domestic Swingline the U.S. Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xA) the aggregate principal amount of outstanding Swingline Dollar Loans made by such to the U.S. Borrower exceeding the U.S. Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or and (yB) the total Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each the Euro Swingline Euro Lender agrees to make Swingline Euro Loans in euro to any Foreign Swingline the German Borrower from time to time during the Revolving Availability Period, Period in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xA) the Dollar Equivalent of the aggregate principal amount of outstanding Swingline Euro Loans made by such to the German Borrower exceeding the Euro Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (yB) the sum of the total Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided provided, that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Momentive Performance Materials Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make loans to the Borrower (each such loan, a “Swingline Dollar Loans to any Domestic Swingline Borrower Loan”) from time to time during the Revolving Availability Period, Period in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made provided by such all Swingline Dollar Lender Lenders exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and $20,000,000, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made provided by such any individual Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment $10,000,000 or (yiii) the sum of the aggregate Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility Commitments; aggregate Commitments; provided that (x) no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing Loan and (y) no Swingline Lender shall be required to make a Swingline Loan that would result in the total outstanding amount of such Lender’s Loans to exceed such Lender’s Commitment. The Borrower shall pay to the Administrative Agent, for the account of the applicable Swingline Lender or each Lender, as applicable, pursuant to Section 2.08(c), the outstanding aggregate principal and accrued and unpaid interest under each Swingline Euro Loan no later than seven (7) Business Days following such Swingline Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow amounts under the subfacility for Swingline LoansLoans provided for in this Section 2.08, provided that, for the avoidance of doubt, in no event may the Borrower continue or convert a Swingline Loan.

Appears in 1 contract

Samples: Credit Agreement (Oasis Midstream Partners LP)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender severally agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower in an Alternative Currency or in Dollars, as the Borrower elects, from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xA) the aggregate principal amount of outstanding Swingline Loans exceeding a Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or Amount equal to $150,000,000, (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xB) the aggregate principal amount of outstanding Swingline Euro Loans made by any Swingline Lender exceeding a Dollar Amount equal to such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or such higher amount as the applicable Swingline Lender may agree in writing, (C) such Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (yD) the sum total Revolving Credit Exposures of the Revolving Facility Credit Exposure all Lenders exceeding the total Revolving Facility Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Day Credit Agreement (Cummins Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans in Dollars to any Domestic Swingline Borrower the Company from time to time during the Revolving 2018 Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and $25,000,000, (ii) each Swingline Euro Lender agrees subject to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during Sections 2.04 and 2.11(b), the Dollar Amount of the total 2016 Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) Global Credit Exposures exceeding the aggregate principal amount 2016 Revolving Global Commitments, (iii) subject to Sections 2.04 and 2.11(b), the Dollar Amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender the total 2018 Revolving Credit Global Exposures exceeding such Swingline Euro Lender’s Swingline Euro Commitment or the aggregate 2018 Revolving Global Commitments, (yiv) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the total Global Facility Revolving Credit Exposures exceeding the aggregate Global Facility Revolving Commitments, (v) the sum of the total US Facility Revolving Credit Exposures exceeding the aggregate US Facility Credit Exposure exceeding Revolving Commitments or (vi) the Dollar Amount of the total Revolving Facility Credit Exposures exceeding the aggregate Revolving Commitments; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Company may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Vistaprint N.V.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees may in its sole discretion (and without any obligation to do so) make Swingline Dollar Loans in U.S. Dollars to any Domestic Swingline Borrower the Borrowers from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or Commitment, (yii) the Euro Amount of such Swingline Lender’s Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and its Commitment (ii) each Swingline Euro Lender agrees such Commitment to make Swingline Euro Loans be calculated without giving effect to any Foreign assignment of any portion of the initial Swingline Borrower from time Lender’s original Commitment as of the Original Closing Date, unless such Swingline Lender also assigns a proportional amount of its Swingline Commitment to time during the Revolving Availability Periodassignee or to another Lender with a Commitment at least equal to the Commitment amount being assigned), in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in or (xiii) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum Amount of the Total Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility Commitments; provided that no a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Cabot Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender severally agrees to make Swingline Dollar Loans in U.S. Dollars to any Domestic Swingline Borrower the Company from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or Commitment, (yii) the Dollar Amount of such Swingline Lender’s Revolving Facility Credit Exposure exceeding its Commitment (such Commitment to be calculated without giving effect to any assignment of any portion of the initial Swingline Lender’s original Commitment as of the Effective Date, unless such Swingline Lender also assigns a proportional amount of its Swingline Commitment to the assignee or to another Lender with a Commitment at least equal to the Commitment amount being assigned), or (iii) the Dollar Amount of the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility Commitments; provided that no a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Company may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Cabot Corp)

Swingline Loans. (a) Subject In addition to the other options available to the Borrower hereunder, the Swingline Lender agrees, subject to the following terms and conditions set forth hereinconditions, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans in dollars to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount not to exceed the Swingline Revolving Commitment. Swingline Loans shall be made available for same day borrowings provided that notice is given in accordance with Section 2.7 hereof. All Swingline Loans shall bear interest at any time outstanding for all the LIBOR Market Index Rate and shall be deemed to be Adjusted Base Rate Borrowings. Swingline Dollar Loans that will shall be funded by Xxxxx in an amount not result in (x) to exceed the maximum amount it is required to disburse pursuant to the next sentence. In no event shall the Swingline Lender be required to fund a Swingline Loan if it would increase the total aggregate principal amount of outstanding Swingline Dollar Loans to an amount in excess of the Swingline Revolving Commitment or if, after giving effect thereto, the Total Revolving Exposure would exceed the Aggregate Revolving Commitment. Upon request of the Swingline Lender made to all the Revolving Lenders, each Revolving Lender irrevocably agrees to purchase its Percentage of any Swingline Loan made by the Swingline Lender regardless of whether the conditions for disbursement are satisfied at the time of such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) purchase, including the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in existence of an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount Event of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; Default hereunder provided that such Event of Default did not exist at the time the Swingline Loan was made and provided further that no Swingline Lender shall be required to make a Swingline Loan have its Revolving Exposure to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.be greater than its Revolving

Appears in 1 contract

Samples: Unsecured Revolving Credit Agreement (First Industrial Realty Trust Inc)

Swingline Loans. (a) Subject to the terms term and conditions set forth herein, (i) each Swingline Dollar Lender severally agrees to make Swingline Dollar Loans Loans, denominated in Dollars, to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period, Period in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of the outstanding Swingline Loans exceeding $25,000,000, (ii) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment, (iii) such Swingline Lender’s Revolving Exposure exceeding such Swingline Lender’s Revolving Commitment (in its capacity as a Lender), (iv) any Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment or (yv) the Aggregate Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsLine Cap; provided that (A) no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Loan and (B) each Swingline Loan shall be made as part of a Borrowing or consisting of Swingline Euro BorrowingLoans made by the Swingline Lenders ratably in accordance with their respective Swingline Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. The failure of any Swingline Lender to make any Swingline Loan required to be made by it shall not relieve any other Swingline Lender of its obligations hereunder; provided that the Swingline Commitments of the Swingline Lenders are several and no Swingline Lender shall be responsible for any other Swingline Lender’s failure to make Swingline Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Arconic Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower the Borrower, from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount sum of outstanding the total Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility Commitments and Swingline Commitment, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure plus the Competitive Loan Exposure exceeding the total Commitments or (iii) unless otherwise agreed to in writing by the Swingline Lender, the aggregate amount of Swingline Loans and Revolving Facility CommitmentsLoans made by the Swingline Lender exceeding the Swingline Lender’s Commitments hereunder; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Loan. Each Swingline Loan shall be made as part of a Borrowing or consisting of Swingline Euro BorrowingLoans made by the Swingline Lender. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. Each Swingline Loan shall be in an integral multiple of $1,000,000; provided that a Swingline Loan may be in an aggregate amount that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e).

Appears in 1 contract

Samples: Credit Agreement (Newmont Mining Corp /De/)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each a Swingline Dollar Lender agrees to may make Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the Dollar Equivalent of the aggregate principal amount of outstanding Swingline Dollar Loans made by such Loans, other than Swingline Dollar Lender Shekel Loans, exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and $25,000,000, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) Dollar Equivalent of the aggregate principal amount of outstanding Swingline Euro Shekel Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or $15,000,000, (yiii) the sum of the (A) Aggregate Revolving Facility Credit Exposure exceeding (B) the total Aggregate Revolving Facility Commitments minus the Aggregate Ancillary Commitments or (iv) the Aggregate Total Revolving Exposure exceeding the Aggregate Revolving Commitments; provided that no . Notwithstanding the foregoing, the Swingline Shekel Lender may only make Swingline Shekel Loans and shall not make any other Swingline Loans, and any other Swingline Lender shall be required to may not make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingShekel Loans. Within the foregoing limits and subject to the terms and conditions set forth herein, the such Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Perrigo Co)

Swingline Loans. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans in Euro to the Borrowers, at any Domestic Swingline Borrower time and from time to time during on and after the Revolving Availability PeriodSecond Amendment Effective Date and while the Commitments remain in effect, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the Dollar Equivalent of the aggregate outstanding principal amount of outstanding the Swingline Dollar Loans made by of such Swingline Dollar Lender exceeding such its Swingline Dollar Lender’s Swingline Dollar Commitment or Commitment, (yii) the Revolving Facility Credit Exposure of any Lender exceeding the Commitment of such Lender or (iii) the Aggregate Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsTotal Commitment; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans. The failure of any Swingline Lender to make any Swingline Loan shall not in itself relieve any other Swingline Lender of its obligations hereunder (it being understood, however, that no Swingline Lender shall be responsible for the failure of any other Swingline Lender to make any Swingline Loan required to be made by such other Swingline Lender).

Appears in 1 contract

Samples: Credit Facility Agreement (ITT Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s 's Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s 's Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided PROVIDED that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Celanese CORP)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Swingline Loan Availability Period, each Swingline Lender severally agrees to make Swingline Loans to the Borrower in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans outstanding, that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment (unless otherwise agreed by the applicable Swingline Lender) or (yii) the such Swingline Lender’s Revolving Facility Credit Exposure exceeding the total its Revolving Facility Commitments Loan Commitment (such amount compiling with (i) and (ii) each ), the “Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsAvailability”); provided that no a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Loan. Each Swingline Euro BorrowingLoan shall be in an amount that is an integral multiple of $100,000 and not less than $500,000. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. If at any time the aggregate principal amount of the Swingline Loans outstanding at such time exceeds the Swingline Availability in effect at such time, the Borrower shall immediately pay to the Administrative Agent for the account of the applicable Swingline Lender the amount of such excess. Subject to the terms and conditions of this Agreement, the Borrower may borrow, repay and reborrow Swingline Loans hereunder. The borrowing of a Swingline Loan shall not constitute usage of any Revolving Lender’s Revolving Loan Commitment for purposes of calculation of the fee payable under Section 2.15.

Appears in 1 contract

Samples: Credit Agreement (Colony Starwood Homes)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each a Swingline Dollar Lender agrees to may make Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the Dollar Equivalent of the aggregate principal amount of outstanding Swingline Dollar Loans made by such Loans, other than Swingline Dollar Lender Shekel Loans, exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and $50,000,000, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) Dollar Equivalent of the aggregate principal amount of outstanding Swingline Euro Shekel Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or $15,000,000, (yiii) the sum of the (A) Aggregate Revolving Facility Credit Exposure exceeding (B) the total Aggregate Revolving Facility Commitments minus the Aggregate Ancillary Commitments or (iv) the Aggregate Total Revolving Exposure exceeding the Aggregate Revolving Commitments; provided that no . Notwithstanding the foregoing, the Swingline Shekel Lender may only make Swingline Shekel Loans and shall not make any other Swingline Loans, and any other Swingline Lender shall be required to may not make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingShekel Loans. Within the foregoing limits and subject to the terms and conditions set forth herein, the such Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Perrigo Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, each Swingline Lender severally agrees to make Swingline Loans, denominated in dollars, to the Borrower in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of the outstanding Swingline Dollar Loans made by such exceeding aggregate Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and Commitment, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of the outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment, (iii) such Swingline Lender’s Revolving Exposure exceeding such Swingline Lender’s Revolving Commitment (in its capacity as a Lender) or (yiv) the sum of the Aggregate Revolving Facility Credit Exposure exceeding the total Aggregate Revolving Facility CommitmentsCommitment; provided that (A) no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Loan and (B) each Swingline Loan shall be made as part of a Borrowing or consisting of Swingline Euro BorrowingLoans made by the Swingline Lenders ratably in accordance with their respective Swingline Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. The failure of any Swingline Lender to make any Swingline Loan required to be made by it shall not relieve any other Swingline Lender of its obligations hereunder; provided that the Swingline Commitments of the Swingline Lenders are [[6121596]] several and no Swingline Lender shall be responsible for any other Swingline Lender’s failure to make Swingline Loans as required.

Appears in 1 contract

Samples: And Restatement Agreement (Chemours Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to shall make Swingline Dollar Loans to any Domestic Swingline the Borrower in Dollars from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount Outstanding Amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment $200,000,000 or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure Exposures exceeding the total aggregate Revolving Facility Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Loan; provided, further, that each Swingline Euro BorrowingLender shall fund its pro rata share of each Swingline Loan in accordance with its Swingline Commitment; provided, further, that no Swingline Lender shall be required to make a Swingline Loan in excess of such Swingline Lender’s Swingline Commitment. All Swingline Loans shall be ABR Loans. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. Immediately upon the making of a Swingline Loan, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lenders a risk participation in such Swingline Loan in an amount equal to the product of Revolving Lender’s Applicable Percentage times the amount of such Swingline Loan.

Appears in 1 contract

Samples: Credit Agreement (Nasdaq Omx Group, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans in Dollars to any Domestic Swingline Borrower the Borrowers from time to time during prior to the Revolving Availability PeriodCommitment Termination Date, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or Commitment, (yii) the Revolving Facility Credit Exposure of all Lenders exceeding the total Revolving Facility Commitments and Credit Commitment Amount then in effect or (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xiii) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsCommitment; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing Loan and provided, further that, if there exists a Defaulting Lender, no Swingline Lender shall be required to make a Swingline Loan unless the Company shall have complied with Section 2.16(e) with respect to any Fronting Exposure that exists at the time of such extension of credit or Swingline Euro Borrowingwould exist immediately after giving effect to such extension of credit. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers each Borrower may borrow, prepay repay and reborrow Swingline Loans. For the avoidance of doubt, Swingline Loans may be made by one or both Swingline Lenders, at the Company’s election, and need not be funded pro rata in accordance with each Swingline Lender’s respective share of the aggregate Swingline Commitments.

Appears in 1 contract

Samples: Revolving Credit Agreement (Noble Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, to make (x) U.S. Swingline Dollar Loans in Dollars to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period and (y) Alternative Currency Swingline Loans in Dollars to the Borrower from time to time during the Availability Period; provided that no such Swingline Loan shall be permitted if, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in after giving effect thereto, (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such would exceed the Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or Loan Sublimit, (yii) the aggregate U.S. Revolving Facility Credit Exposure exceeding Exposures would exceed the total U.S. Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xiii) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Alternative Currency Revolving Facility Credit Exposure exceeding Exposures would exceed the total Alternative Currency Revolving Facility Commitments; provided further that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. Immediately upon the making of a Swingline Loan, each U.S. Revolving Lender, in the case of U.S. Swingline Loans, and each Alternative Currency Revolving Lender, in the case of Alternative Currency Swingline Loans, shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender a risk participation in such Swingline Loan in an amount equal to the product of such Revolving Lender’s Applicable Percentage times the amount of such Swingline Loan.

Appears in 1 contract

Samples: Credit Agreement (Mylan Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) at any time from the First A&R Effective Date until the Revolving Maturity Date, each Swingline Dollar Lender severally agrees to make Swingline Dollar Loans Loans, denominated in dollars, to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of the outstanding Swingline Loans exceeding $25,000,000, (ii) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment, (iii) such Swingline Lender’s Revolving Exposure exceeding such Swingline Lender’s Revolving Commitment (in its capacity as a Lender) or (yiv) the Aggregate Revolving Facility Credit Exposure exceeding the total Aggregate Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsCommitment; provided that (A) no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Loan and (B) each Swingline Loan shall be made as part of a Borrowing or consisting of Swingline Euro BorrowingLoans made by the Swingline Lenders ratably in accordance with their respective Swingline Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. The failure of any Swingline Lender to make any Swingline Loan required to be made by it shall not relieve any other Swingline Lender of its obligations hereunder; provided that the Swingline Commitments of the Swingline Lenders are several and no Swingline Lender shall be responsible for any other Swingline Lender’s failure to make Swingline Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Comtech Telecommunications Corp /De/)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the US Tranche Swingline Dollar Lender agrees to make US Tranche Swingline Dollar Loans in US Dollars to any Domestic Swingline Borrower the Company from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding US Tranche Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment $50,000,000 or (yii) the Revolving Facility Credit Exposure total US Tranche Exposures exceeding the total Revolving Facility Commitments US Tranche Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Subject to the terms and (ii) each conditions set forth herein, the Canadian Tranche Swingline Euro Lender agrees to make Canadian Tranche Swingline Euro Loans in Canadian Dollars to any Foreign Swingline Borrower the Canadian Borrowers from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xi) the US Dollar Equivalent of the aggregate principal amount of outstanding Canadian Tranche Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment $5,000,000 or (yii) the sum of the Revolving Facility Credit Exposure total Canadian Tranche Exposures exceeding the total Revolving Facility Canadian Tranche Commitments; provided that no the Canadian Tranche Swingline Lender shall not be required to make a Canadian Tranche Swingline Loan to refinance an outstanding Canadian Tranche Swingline Loan. Subject to the terms and conditions set forth herein, the UK Tranche Swingline Lender agrees to make UK Tranche Swingline Loans in Pounds Sterling or Euro to the UK Borrowers from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the US Dollar Borrowing Equivalent of the aggregate principal amount of outstanding UK Tranche Swingline Loans exceeding $1,000,000 or (ii) the total UK Tranche Exposures exceeding the total UK Tranche Commitments; provided that the UK Tranche Swingline Euro BorrowingLender shall not be required to make a UK Tranche Swingline Loan to refinance an outstanding UK Tranche Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Yellow Roadway Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the US Tranche Swingline Dollar Lender agrees to make US Tranche Swingline Dollar Loans in US Dollars to any Domestic Swingline Borrower the Company from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding US Tranche Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment $30,000,000 or (yii) the total US Tranche Revolving Facility Credit Exposure Exposures exceeding the total US Tranche Revolving Facility Commitments Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Subject to the terms and (ii) each conditions set forth herein, the applicable Foreign Tranche Swingline Euro Lender agrees to make Foreign Tranche Swingline Loans in Euro Loans or another Alternative Currency to any its corresponding Foreign Swingline Borrower and in US Dollars to the Company from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xi) the US Dollar Equivalent of the aggregate principal amount of outstanding Foreign Tranche Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment the US Dollar Equivalent of $10,000,000 or (yii) the sum of the Revolving Facility Credit Exposure total Foreign Tranche Exposures exceeding the total Revolving Facility Foreign Tranche Commitments; provided that no Foreign Tranche Swingline Lender shall be required to make a Foreign Tranche Swingline Loan to refinance an outstanding Foreign Tranche Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Schulman a Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the US Tranche Swingline Dollar Lender agrees to make US Tranche Swingline Dollar Loans in US Dollars to any Domestic Swingline the Company or a European Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding US Tranche Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment $25,000,000 or (yii) the total US Tranche Revolving Facility Credit Exposure Exposures exceeding the total US Tranche Revolving Facility Commitments Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Subject to the terms and (ii) each conditions set forth herein, the French Tranche Swingline Euro Lender agrees to make French Tranche Swingline Loans in Euro Loans or another Alternative Currency to any Foreign Swingline the French Borrower, the German Borrower or the NV Borrower and in US Dollars to the Company from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xi) the US Dollar Equivalent of the aggregate principal amount of outstanding French Tranche Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment the US Dollar Equivalent of $10,000,000 or (yii) the sum of the Revolving Facility Credit Exposure total French Tranche Exposures exceeding the total Revolving Facility French Tranche Commitments; provided that no the French Tranche Swingline Lender shall not be required to make a French Tranche Swingline Loan to refinance an outstanding French Tranche Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Schulman a Inc)

Swingline Loans. (ai) Subject to The Swingline Lender agrees, on the terms and subject to the conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans a portion of the Revolving Commitments available to any Domestic Swingline the Borrower from time to time during prior to the Revolving Availability PeriodSwingline Termination Date by making Swingline Loans to the Borrower in Dollars (each such loan, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans a "SWINGLINE LOAN" and collectively, the "SWINGLINE LOANS"); PROVIDED, that will not result in (xi) the aggregate principal amount of the Swingline Loans outstanding at any one time shall not exceed the Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and Committed Amount, (ii) with regard to each Lender individually (other than the Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during in its capacity as such), the Revolving Availability Period, in an aggregate principal amount of such Lender's outstanding Revolving Loans plus its Participation Interests in outstanding Swingline Loans shall not at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by exceed such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro 's Revolving Commitment or (y) the sum Percentage of the Revolving Facility Credit Exposure exceeding Committed Amount, (iii) with regard to the total Revolving Facility Commitments; provided that Lenders collectively, the aggregate of the Revolving Outstandings shall not exceed the Revolving Committed Amount, (iv) the Swingline Committed Amount shall not exceed the aggregate of the Revolving Commitments then in effect and (v) no Swingline Lender shall Loans (as defined in the Five Year Credit Agreement) are outstanding under the Five Year Credit Agreement. Swingline Loans may be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowing. Within repaid and reborrowed in accordance with the foregoing limits and subject provisions hereof prior to the terms and conditions set forth herein, Swingline Termination Date. Swingline Loans may be made notwithstanding the Borrowers may borrow, prepay and reborrow fact that such Swingline Loans., when aggregated with the Swingline Lender's other Revolving Outstandings, exceeds its Revolving

Appears in 1 contract

Samples: Worthington Industries Inc

Swingline Loans. (a) Subject to The Swingline Lender agrees, on the terms and subject to the conditions set forth hereinherein and in the other Loan Documents and, (i) each Swingline Dollar Lender agrees subject to Section 2.23(a)(vi), to make Swingline Dollar Loans a portion of the Revolving R-2 Facility Commitments available to any Domestic Swingline the Canadian Borrower from time to time during the Revolving Availability PeriodPeriod by making loans in Dollars or Canadian Dollars, in an aggregate principal amount at any time outstanding for all as applicable, to the Canadian Borrower (each such loan, a “Swingline Dollar Loans Loan” and, collectively, the “Swingline Loans”); provided that will not result in (xA) the aggregate principal amount of the Swingline Loans outstanding at any one time shall not exceed the Swingline Commitment, (B) with regard to each Lender individually (other than the Swingline Lender in its capacity as such), such Lender’s outstanding Revolving R-2 Facility Loans plus its Participation Interests in outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, plus its Participation Interests in an aggregate principal amount outstanding L/C Obligations shall not at any time outstanding for all Swingline Euro Loans that will not result in exceed such Lender’s Revolving R-2 Commitment Percentage of the Revolving R-2 Committed Amount, (xC) with regard to the Revolving R-2 Facility Lenders collectively, the sum of the aggregate principal amount of Swingline Loans outstanding Swingline Euro plus the aggregate amount of Revolving R-2 Facility Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or outstanding plus the aggregate amount of L/C Obligations outstanding shall not exceed the Revolving R-2 Committed Amount and (yD) the sum Swingline Commitment shall not exceed the aggregate of the Revolving R-2 Facility Commitments then in effect. Swingline Loans denominated in Dollars shall be made and maintained as ABR Loans, and Swingline Loans denominated in Canadian Dollars shall be made and maintained as Canadian Prime Rate Loans. Swingline Loans may be repaid and reborrowed in accordance with the provisions hereof prior to the Swingline Termination Date. Swingline Loans may be made notwithstanding the fact that such Swingline Loans, when aggregated with the Swingline Lender’s other Revolving R-2 Facility Credit Exposure exceeding the total Exposure, exceeds its Revolving Facility Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.R-2

Appears in 1 contract

Samples: Credit Agreement (Telesat Holdings Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline the U.S. Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s the Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) on and after the execution and delivery of a counterpart to this Agreement by one or more Swingline Euro Lenders, each such Swingline Euro Lender agrees to make Swingline Euro Loans to any the Foreign Swingline Borrower Subsidiary Borrowers from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the Dollar Equivalent of the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s the Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Nalco Energy Services Equatorial Guinea LLC)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the US Tranche Swingline Dollar Lender agrees to make US Tranche Swingline Dollar Loans in US Dollars to any Domestic Swingline Borrower the Company from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding US Tranche Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment $75,000,0000 or (yii) the total US Tranche Revolving Facility Credit Exposure Exposures exceeding the total US Tranche Revolving Facility Commitments Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Subject to the terms and (ii) each conditions set forth herein, the Canadian Tranche Swingline Euro Lender agrees to make Canadian Tranche Swingline Euro Loans in Canadian Dollars to any Foreign Swingline Borrower the Canadian Borrowers from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (xi) the US Dollar Equivalent of the aggregate principal amount of outstanding Canadian Tranche Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment $5,000,0000 or (yii) the sum of the Revolving Facility Credit Exposure total Canadian Tranche Exposures exceeding the total Revolving Facility Canadian Tranche Commitments; provided that no the Canadian Tranche Swingline Lender shall not be required to make a Canadian Tranche Swingline Loan to refinance an outstanding Canadian Tranche Swingline Loan. Subject to the terms and conditions set forth herein, the UK Tranche Swingline Lender agrees to make UK Tranche Swingline Loans in Pounds Sterling or Euro to the UK Borrowers from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the US Dollar Borrowing Equivalent of the aggregate principal amount of outstanding UK Tranche Swingline Loans exceeding $1,000,0000 or (ii) the total UK Tranche Exposures exceeding the total UK Tranche Commitments; provided that the UK Tranche Swingline Euro BorrowingLender shall not be required to make a UK Tranche Swingline Loan to refinance an outstanding UK Tranche Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline LoansLoansFor the avoidance of doubt, from and after the Amendment No. 2 Effective Date, no Swingline Loans shall be made under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Yrc Worldwide Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (New Skies Satellites Holdings Ltd.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each the Swingline Dollar Lender agrees to make Swingline Dollar Loans in Dollars to any Domestic Swingline the Borrower from time to time during the Revolving 2020 Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and $25,000,000, (ii) each Swingline Euro Lender agrees subject to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability PeriodSections 2.04 and 2.11(b), in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Dollar Amount of the total 2018 Multicurrency Tranche Revolving Facility Credit Exposure Exposures plus the total 2020 Multicurrency Tranche Revolving Credit Exposures exceeding the aggregate Multicurrency Tranche Commitments, (iii) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the total 2018 Multicurrency Tranche Revolving Credit Exposures exceeding the aggregate 2018 Multicurrency Tranche Commitments, (iv) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the total 2020 Multicurrency Tranche Revolving Credit Exposures exceeding the aggregate 2020 Multicurrency Tranche Commitments or (v) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the total Revolving Facility Credit Exposures exceeding the aggregate Revolving Commitments; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Swingline Euro BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Microchip Technology Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) each Swingline Dollar Lender agrees to make Swingline Dollar Loans to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period, Period in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment or (y) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments and Commitment, (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding plus the amount of such Swingline Euro Lender’s Revolving Credit Exposure and LC Exposure exceeding its Commitment, (iii) the aggregate principal amount of all outstanding Swingline Euro Commitment Loans exceeding $200,000,000 or (yiv) the sum of the Revolving Facility total Credit Exposure Exposures exceeding the total Revolving Facility Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Borrowing or Loan; provided, further, no Swingline Euro BorrowingLender that is a Declining Lender under Section 2.24 shall have any obligation to make any Swingline Loans after such Declining Lender’s respective Maturity Date. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. The failure of any Swingline Lender to make any Swingline Loan required to be made by it shall not relieve any other Swingline Lender of its obligations hereunder; provided that the Swingline Commitment of the Swingline Lenders are several and no Swingline Lender shall be responsible for any other Swingline Lender’s failure to make Swingline Loans as required.

Appears in 1 contract

Samples: Revolving Credit Agreement (Western Midstream Partners, LP)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, (i) at any time from the Second A&R Effective Date until the Revolving Maturity Date, each Swingline Dollar Lender severally agrees to make Swingline Dollar Loans Loans, denominated in dollars, to any Domestic Swingline the Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Dollar Loans that will not result in (xi) the aggregate principal amount of the outstanding Swingline Loans exceeding $15,000,000, (ii) the aggregate principal amount of outstanding Swingline Dollar Loans made by such Swingline Dollar Lender exceeding such Swingline Dollar Lender’s Swingline Dollar Commitment, (iii) such Swingline Lender’s Revolving Exposure exceeding such Swingline Lender’s Revolving Commitment (in its capacity as a Lender) or (yiv) the Aggregate Revolving Facility Credit Exposure exceeding the total Aggregate Revolving Facility Commitments and (ii) each Swingline Euro Lender agrees to make Swingline Euro Loans to any Foreign Swingline Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding for all Swingline Euro Loans that will not result in (x) the aggregate principal amount of outstanding Swingline Euro Loans made by such Swingline Euro Lender exceeding such Swingline Euro Lender’s Swingline Euro Commitment or (y) the sum of the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsCommitment; provided that (A) no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Dollar Loan and (B) each Swingline Loan shall be made as part of a Borrowing or consisting of Swingline Euro BorrowingLoans made by the Swingline Lenders ratably in accordance with their respective Swingline Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers Borrower may borrow, prepay and reborrow Swingline Loans. The failure of any Swingline Lender to make any Swingline Loan required to be made by it shall not relieve any other Swingline Lender of its obligations hereunder; provided that the Swingline Commitments of the Swingline Lenders are several and no Swingline Lender shall be responsible for any other Swingline Lender’s failure to make Swingline Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Comtech Telecommunications Corp /De/)

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