Common use of Swingline Loans Clause in Contracts

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company may borrow, prepay and reborrow Swingline Loans.

Appears in 5 contracts

Samples: Credit Agreement (Worthington Industries Inc), Credit Agreement (Worthington Industries Inc), Credit Agreement (Worthington Industries Inc)

AutoNDA by SimpleDocs

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, the Swingline Lender agrees to make Swingline Loans to the Borrower in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans made by the Swingline Lender exceeding the Swingline Commitment, (ii) the amount of the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate CommitmentCredit Limit; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 5 contracts

Samples: Credit Agreement (Chesapeake Energy Corp), Credit Agreement (Southwestern Energy Co), Credit Agreement (Southwestern Energy Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability PeriodPeriod in Dollars, in an aggregate principal amount at any time outstanding that will not result in (ix) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iiiy) the Dollar Amount of the Total Revolving Credit Exposure Outstandings exceeding the Aggregate CommitmentCommitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline LoanBorrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay or repay and reborrow Swingline Loans. All Swingline Loans shall be Base Rate Loans under this Agreement.

Appears in 4 contracts

Samples: Revolving Credit Agreement (PBF Energy Co LLC), Revolving Credit Agreement (PBF Logistics LP), Revolving Credit Agreement (PBF Energy Inc.)

Swingline Loans. (a1) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, Period in an aggregate principal amount at any time outstanding that will not result in (ia) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, ; (iib) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Facility Credit Exposure exceeding the Aggregate Commitmenttotal Revolving Facility Commitments; or (c) the Revolving Facility Credit Exposure of all Lenders exceeding the Borrowing Base; provided that the Swingline Lender shall will not be required to make a Swingline Loan to refinance an outstanding Swingline LoanBorrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 4 contracts

Samples: Revolving Credit Agreement (PET Acquisition LLC), First Amendment Agreement (PET Acquisition LLC), First Amendment Agreement (PET Acquisition LLC)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$25,000,000, (ii) the such Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure Exposures exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 3 contracts

Samples: Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability PeriodPeriod the Swingline Lender may in its sole discretion make Swingline Loans in Dollars to the Borrower, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$10,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment Commitment, or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitmentaggregate Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 3 contracts

Samples: Credit Agreement (Nextgen Healthcare, Inc.), Credit Agreement (Quality Systems, Inc), Credit Agreement (Quality Systems, Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans made by the Swingline Lender exceeding the Swingline Commitment, Lender’s Swingline Commitment or (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 3 contracts

Samples: Credit Agreement (Magellan Midstream Partners, L.P.), Assignment and Assumption (Magellan Midstream Partners Lp), Assignment and Assumption (Magellan Midstream Partners Lp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, the Swingline Lender agrees to make Swingline Loans in Dollars to the Borrower in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$10,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment Revolving Commitment, or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Revolving Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 3 contracts

Samples: Credit Agreement (Myriad Genetics Inc), Credit Agreement (Myriad Genetics Inc), Credit Agreement (Myriad Genetics Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result result, after giving effect to the requested Swingline Loan, in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, $50,000,000 or (ii) the Swingline Lender’s sum of the total Revolving Credit Exposure exceeding its Commitment or (iii) Exposures plus the Dollar Amount aggregate principal amount of the Total Revolving Credit Exposure outstanding Competitive Loans exceeding the Aggregate Commitmenttotal Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Weingarten Realty Investors /Tx/), Credit Agreement (Weingarten Realty Investors /Tx/)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, the Swingline Lender may in its sole discretion make Swingline Loans in US Dollars to the Company in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$50,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment Commitment, or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate total Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Brown Forman Corp), Day Credit Agreement (Brown Forman Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may Lenders agree to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, Period in an aggregate principal amount at any time outstanding US Dollars in amounts that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, $100,000,000 or (ii) the Swingline Lender’s total Revolving Credit Exposure Exposures exceeding its Commitment or (iii) the Dollar Amount of the Total total Revolving Credit Exposure exceeding the Aggregate CommitmentCommitments; provided that the no Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay repay and reborrow Swingline Loans. Unless otherwise agreed between the Swingline Lenders, each Swingline Lender shall make 50% of each Swingline Loan.

Appears in 2 contracts

Samples: Credit Agreement (Huntington Ingalls Industries, Inc.), Credit Agreement (Huntington Ingalls Industries, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, the Swingline Lender agrees to make Swingline Loans to the Borrower in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans made by the Swingline Lender exceeding the Swingline Commitment, (ii) the amount of the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate CommitmentCommitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Chesapeake Energy Corp), Credit Agreement (Southwestern Energy Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company a Borrower from time to time on any Business Day during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the Revolving Credit Exposure of the Swingline Lender exceeding its Commitment, (ii) the total Revolving Credit Exposures exceeding the Aggregate Commitments or (iii) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline CommitmentSublimit; provided, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided further, that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Revolving Credit Agreement, Revolving Credit Agreement (Enstar Group LTD)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Revolving Credit Availability Period, each Swingline Lender severally may, but shall have no obligation to, make Swingline Loans to the Borrowers in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans made by such Swingline Lender exceeding the such Swingline Lender’s Swingline Commitment, or (ii) the Swingline any Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may in its sole discretion make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure Exposures exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Almost Family Inc), Credit Agreement (Natus Medical Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans loans denominated in Dollars dollars to the Company Borrower (each such loan, a “Swingline Loan”) from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$250,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitments or (iii) the Revolving Credit Exposure of any Lender exceeding its Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Marathon Petroleum Corp), Year Revolving Credit Agreement (Marathon Petroleum Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may may, in its sole discretion, make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding made by the Swingline CommitmentLender exceeding $35,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or and (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure exceeding the Aggregate Commitmenttotal Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Fortune Brands Home & Security, Inc.), Credit Agreement (Fortune Brands Home & Security, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company any Revolving Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$100,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure of any Lender exceeding its Revolving Commitment or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure Exposures exceeding the Aggregate Commitmenttotal Revolving Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company each Revolving Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Cooper Companies, Inc.), Assignment and Assumption (Cooper Companies, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the each Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability PeriodPeriod applicable to the Revolving Facility, in an aggregate principal amount at any time outstanding that will not result in (ix) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iiiy) the Dollar Amount of the Total Revolving Facility Credit Exposure exceeding the Aggregate Commitmenttotal Revolving Facility Commitments; provided that the no Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline LoanBorrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Massey Energy Co), Credit Agreement (Alpha Natural Resources, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company any Revolving Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$50,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure of any Lender exceeding its Revolving Commitment or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure Exposures exceeding the Aggregate Commitmenttotal Revolving Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company each Revolving Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit and Term Loan Agreement, Revolving Credit and Term Loan Agreement (Cooper Companies Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the each Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans to one or more of the Borrowers in Dollars to the Company from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans of all Swingline Lenders exceeding the Swingline Commitment, $30,000,000 or (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposures and Local Currency Loan Exposure exceeding the Aggregate Commitmenttotal Revolving Commitments; provided that the a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company each Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Fisher Scientific International Inc), Credit Agreement (Fisher Scientific International Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans loans denominated in Dollars dollars to the Company Borrower (each such loan, a “Swingline Loan”) from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$100,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitments or (iii) the Revolving Credit Exposure of any Lender exceeding its Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Marathon Petroleum Corp), Revolving Credit Agreement (Marathon Petroleum Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower Parties from time to time during the Availability Period, Period in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (ii) the Swingline Lender’s Revolving Facility Credit Exposure exceeding its Commitment the total Revolving Facility Commitments or (iii) the Dollar Amount of the Total Revolving Facility Credit Exposure exceeding the Aggregate CommitmentBorrowing Base; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline LoanBorrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower Parties may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Smart & Final Stores, Inc.), Assignment and Acceptance (Smart & Final Stores, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company either Borrower from time to time during on and after the Availability PeriodFunding Date prior to the Commitment Termination Date, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, Commitment or (ii) the Swingline Lender’s aggregate Revolving Credit Exposure of all Lenders exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate CommitmentCommitment Amount then in effect; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company each Borrower may borrow, prepay repay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Senior Secured Revolving Credit Agreement (Paragon Offshore Ltd.), Senior Secured Revolving Credit Agreement (Noble Corp PLC)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may in its sole discretion make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure Exposures exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Rogers Corp), Credit Agreement (NetApp, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Revolving Credit Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$10,000,000, (ii) the Swingline Lender’s Revolving sum of the total General Partnership Credit Exposure Exposures exceeding its Commitment the total General Partnership Commitments or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure Exposures exceeding the Aggregate Revolving Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Inergy Midstream, L.P.), Credit Agreement (Inergy Midstream, L.P.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding $35,000,000 (or, if less, the Swingline Commitment, total Commitments) or (ii) the Swingline Lender’s sum of the aggregate Revolving Credit Exposure exceeding its Commitment or (iii) of all Lenders plus the Dollar Amount aggregate principal amount of the Total Revolving Credit Exposure all outstanding Competitive Loans exceeding the Aggregate Commitmenttotal Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Delhaize Group), Credit Agreement (Delhaize America Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during prior to the Availability PeriodRevolving Credit Termination Date, each Swingline Lender severally agrees to make Swingline Loans to the Borrowers in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans made by such Swingline Lender exceeding the such Swingline Commitment, Lender’s Swingline Sublimit or (ii) the Swingline any Revolving Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Vestis Corp), Credit Agreement (Vestis Corp)

Swingline Loans. (ai) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during on and following the Availability PeriodEffective Date until the Commitment Termination Date, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding $15,000,000 (the Swingline Commitment, Sublimit”) or (ii) the Swingline Lender’s aggregate Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure Exposures exceeding the Aggregate Commitmentaggregate Revolving Loan Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans. The Swingline Sublimit is part of, and not in addition to, the Revolving Loan Commitments.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$10,000,000, (ii) the Swingline Lender’s Revolving sum of the total Working Capital Credit Exposure Exposures exceeding its Commitment the total Working Capital Commitments or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure Exposures exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 2 contracts

Samples: Assignment and Assumption (Inergy L P), Assignment and Assumption (Inergy Holdings, L.P.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, the Swingline Lender may, but shall have no obligation to make Swingline Loans to the Borrower in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the its Swingline Commitment, (ii) the Swingline Lender’s 's Revolving Credit Exposure exceeding its Commitment Commitment, or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitmenttotal Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (O Reilly Automotive Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may in its sole discretion make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure Exposures exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Cubic Corp /De/)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company 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 at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans made by such Swingline Lender exceeding the such Swingline Commitment, Lender’s Swingline Commitment or (ii) the Swingline any Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Zimvie Credit Agreement (ZimVie Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, the Swingline Lender may in its sole discretion make Swingline Loans in Dollars to the Borrower in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$10,000,000, (ii) the such Swingline Lender’s Revolving Credit Exposure exceeding its Commitment Commitment, or (iii) the Dollar Amount sum of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Energizer Holdings Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may in its sole discretion make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$15,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate aggregate Revolving Commitments or (iii) the Dollar Amount of the Swingline Lender’s Revolving Credit Exposure exceeding its Revolving Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Watts Water Technologies Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may may, in its sole discretion, make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$15,000,000, (ii) the such Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure Exposures exceeding the Aggregate Commitmenttotal Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Vera Bradley, Inc.)

Swingline Loans. (a) Subject to the terms and ---------------- conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$15,000,000, (ii) the Swingline Lender’s sum of the total Revolving Credit Exposure Exposures exceeding its Commitment the total Revolving Commitments or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate CommitmentBorrowing Base then in effect; provided that the Swingline Lender shall not be -------- required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Laralev Inc

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$60,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Revolving Commitment or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure Exposures exceeding the Aggregate Commitmenttotal Revolving Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

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

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, each Swingline Lender severally may, but shall have no obligation to, make Swingline Loans to the Borrowers in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans made by such Swingline Lender exceeding the such Swingline Lender’s Swingline Commitment, or (ii) the Swingline any Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Douglas Dynamics, Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, Period the Swingline Lender agrees to make Swingline Loans in Dollars to the Borrower in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$50,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment Commitment, or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Whole Foods Market Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.05, agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, Commitment or (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount sum of the Total Revolving total Credit Exposure Exposures exceeding the Aggregate Commitmentaggregate amount of all Revolving Loan Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Cleco Power LLC)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$50,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure Exposures exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Sprouts Farmers Market, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$50,000,000, (ii) the sum of the total Revolving Credit Exposures exceeding the total Revolving Commitments or (iii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Healthcare Trust of America Holdings, LP)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans denominated in US Dollars to the Company Company, from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline CommitmentUS$25,000,000, (ii) the Swingline Lender’s aggregate amount of the Revolving Credit Exposure Exposures exceeding its Commitment the aggregate amount of the Commitments or (iii) the Dollar Amount Revolving Exposure of the Total Revolving Credit Exposure any Lender exceeding the Aggregate its Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Pall Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (may, but shall not be required to make) have no obligation to, make Swingline Loans in Dollars dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$25,000,000, (ii) the Total Revolving Credit Exposures exceeding the total Commitments or (iii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (National Fuel Gas Co)

AutoNDA by SimpleDocs

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may in its sole discretion make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$75,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (DENTSPLY SIRONA Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, the Swingline Lender agrees to make Swingline Loans to the Borrower in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the its Swingline Commitment, (ii) the Swingline Lender’s 's Revolving Credit Exposure exceeding its Commitment Commitment, or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitmenttotal Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (O Reilly Automotive Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$25,000,000, (ii) the Swingline Lender’s aggregate Revolving Credit Exposure Exposures exceeding its Commitment the aggregate Available Revolving Commitments or (iii) the Dollar Amount of the Total Revolving Credit Agreement Exposure exceeding the Aggregate CommitmentTotal Permitted Credit Agreement Exposure; provided provided, however, that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Graftech International LTD)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may in its sole discretion make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$20,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure Exposures exceeding the Aggregate CommitmentRevolving Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Hawaiian Electric Co Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Revolving Credit Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$10,000,000, (ii) the Swingline Lender’s Revolving sum of the total Working Capital Credit Exposure Exposures exceeding its Commitment the total Working Capital Commitments or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure Exposures exceeding the Aggregate Revolving Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: And Restatement Agreement (Inergy L P)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Initial Availability Period, each Swingline Lender may, but shall have no obligation to, make Swingline Loans to the Company in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans made by such Swingline Lender exceeding the such Swingline Commitment, Lender’s Swingline Commitment or (ii) the such Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Azz Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make loans (but shall not be required to make"Swingline Loans") Swingline Loans in Dollars to the Company Parent Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, $10,000,000 and (ii) the Swingline Lender’s total Revolving Credit Exposure Exposures exceeding its Commitment or the lesser of (iiiA) the Dollar Amount total amount of the Total Revolving Credit Exposure exceeding Commitments and (B) the Aggregate CommitmentBorrowing Base then in effect; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Parent Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Pliant Corp

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$15,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure Exposures exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Sprouts Farmers Market, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$10,000,000, (ii) the Swingline Lender’s Revolving sum of the total Working Capital Credit Exposure Exposures exceeding its Commitment the total Working Capital Commitments or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure Exposures exceeding the Aggregate Commitmenttotal Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Inergy L P)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the each Swingline Lender may severally agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of all outstanding Swingline Loans exceeding the Swingline Commitment$100,000,000, (ii) the aggregate principal amount of all outstanding Swingline Lender’s Revolving Credit Exposure Loans made by any individual Swingline Lender exceeding its Commitment $50,000,000, or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure Exposures exceeding the Aggregate CommitmentRevolving Credit Lenders’ total Revolving Credit Commitments; provided that the no Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Medco Health Solutions Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (agree, but shall not be required have no obligation, to make) make Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline CommitmentSublimit, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (LHC Group, Inc)

Swingline Loans. (a1) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans denominated in Dollars dollars to the Company from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Lender’s Swingline Commitment, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure Exposures exceeding the Aggregate Commitmenttotal Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Security Agreement (Deckers Outdoor Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Revolving Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$5,000,000, (ii) the sum of the total Revolving Exposures exceeding the total Revolving Commitments or (iii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Media Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (agree, but shall not be required have no obligation, to make) make Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline CommitmentSublimit, (ii) the Swingline any Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Bowhead Specialty Holdings Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may in its sole discretion make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline CommitmentSublimit, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Fourth Amended and Restated Credit Agreement (Photronics Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may in its sole discretion make (but shall not be required to make) Swingline Loans denominated in Dollars to the Company 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 aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$10,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Revolving Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitmentaggregate Revolving Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Vonage Holdings Corp)

Swingline Loans. (a1) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower Parties from time to time during the Availability Period, Period in an aggregate principal amount at any time outstanding that will not result in (ia) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, ; (iib) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Facility Credit Exposure exceeding the Aggregate Commitmenttotal Revolving Facility Commitments; or (c) the Revolving Facility Credit Exposure exceeding the Borrowing Base; provided that the Swingline Lender shall will not be required to make a Swingline Loan to refinance an outstanding Swingline LoanBorrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower Parties may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Neiman Marcus Group LTD Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$25,000,000 or, (ii) the such Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount sum of the Total total Revolving Credit Exposure Exposures exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Eagle Materials Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.05, agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, $50,000,000 or (ii) the Swingline Lender’s Dollar Equivalent of the total Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure Exposures exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Priceline Group Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure Exposures exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Tredegar Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure Exposures exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (CommerceHub, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Electronic Arts Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may in its sole discretion make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure Exposures exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Perkinelmer Inc)

Swingline Loans. (a1) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower Parties from time to time during the Availability Period, Period in an aggregate principal amount at any time outstanding that will not result in (ia) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, ; (iib) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Facility Credit Exposure exceeding the Aggregate Commitmenttotal Available Revolving Facility Commitments; or (c) the Revolving Facility Credit Exposure exceeding the Borrowing Base; provided that the Swingline Lender shall will not be required to make a Swingline Loan to refinance an outstanding Swingline LoanBorrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower Parties may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Revolving Credit Agreement (Neiman Marcus Group LTD LLC)

Swingline Loans. (a) (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, the Swingline Lender agrees to make Swingline Loans in Dollars to the Borrower in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$10,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment Revolving Commitment, or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Revolving Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Myriad Genetics Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, the Swingline Lender agrees to make Swingline Loans in Dollars to the Borrower in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$10,000,000, (ii) the Swingline Lender’s Revolving Credit Exposure exceeding its Commitment Revolving Commitment, or (iii) the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Revolving Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Myriad Genetics Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.05, agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company Borrower from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, Commitment or (ii) the Swingline Lender’s sum of the total Revolving Credit Exposure exceeding its Commitment or (iii) the Dollar Amount of the Total Revolving Credit Exposure Exposures exceeding the Aggregate Commitmentaggregate amount of all Revolving Loan Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrower may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Cleco Power LLC)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may agrees to make (but shall not be required to make) Swingline Loans in Dollars to the Company any Swingline Borrower from time to time during the Availability Period, Period in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding all Swingline Loans exceeding the Swingline Commitment$25,000,000, (ii) the Swingline Lender’s Revolving sum of the total Dollar Credit Exposure Exposures exceeding its Commitment the Total Dollar Sub-Commitments or (iii) the sum of the total Credit Exposures plus the Dollar Amount of all outstanding Competitive Loans exceeding the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Swingline Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Brunswick Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender may make (but shall not be required to make) Swingline Loans in Dollars to the Company from time to time during the Availability Period, the Swingline Lender may in its sole discretion make Swingline Loans in Dollars to the Borrowers in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$10,000,000, (ii) the such Swingline Lender’s Revolving Credit Exposure exceeding its Commitment Commitment, or (iii) the Dollar Amount sum of the Total Revolving Credit Exposure exceeding the Aggregate Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company Borrowers may borrow, prepay and reborrow Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (EDGEWELL PERSONAL CARE Co)

Time is Money Join Law Insider Premium to draft better contracts faster.