Common use of Swingline Loans Clause in Contracts

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding that will not result in (x) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (y) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) 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 Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 12 contracts

Samples: Credit Agreement (Crestwood Equity Partners LP), Credit Agreement (Crestwood Midstream Partners LP), Credit Agreement (Crestwood Equity Partners LP)

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Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding 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 Equivalent thereof) exceeding the Swingline Commitment, (y) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments Commitment or (zii) the Revolving Facility Credit Exposure of the applicable Class exceeding the total Revolving Facility CommitmentsCommitments of such Class; provided provided, that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 6 contracts

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

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the Borrower and the Co-Borrowers from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding 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 Equivalent thereof) exceeding the Swingline Commitment, (y) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments Commitment or (zii) the Revolving Facility Credit Exposure of the applicable Class exceeding the total Revolving Facility CommitmentsCommitments of such Class; provided provided, that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower and the Co-Borrowers may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 5 contracts

Samples: Incremental Assumption and Amendment Agreement (ADT Inc.), Incremental Assumption and Amendment Agreement (ADT Inc.), Incremental Assumption and Amendment Agreement (ADT Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the Borrower Parties from time to time during the Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (y) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (zii) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments, (iii) the Revolving Facility Credit Exposure exceeding the Borrowing Base; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingBorrowing or (iv) the Aggregate Credit Exposure exceeding the total Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Parties may borrow, prepay repay and reborrow Swingline Loans. All On the First Restatement Effective Date, all Existing Swingline Loans shall be ABR deemed to be repaid (other than for purposes of Section 2.16 of the Existing Revolving Credit Agreement) and reborrowed as Swingline Loans under this Agreementby the applicable Borrower Party.

Appears in 5 contracts

Samples: Revolving Credit Agreement (AZEK Co Inc.), Revolving Credit Agreement (AZEK Co Inc.), Revolving Credit Agreement (AZEK Co Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender severally agrees to make Swingline Loans in Dollars to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the such Swingline Lender’s Swingline Commitment, (yii) the aggregate amount of Swingline Loans, Letters of Credit and Revolving Facility Loans outstanding Swingline Loans of issued by such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments Revolving Facility Commitment or (ziii) the Revolving Facility Credit Exposure of the applicable Class exceeding the total Revolving Facility CommitmentsCommitments of such Class; provided provided, that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Dollar Tree Inc), Credit Agreement (Dollar Tree Inc), Credit Agreement (Dollar Tree Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each and if an AutoBorrow Agreement is in effect, subject to the terms and conditions of such AutoBorrow Agreement, the Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding that will not result in (x) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, Commitment or (y) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure Total Outstandings exceeding the total Revolving Facility Aggregate Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Base Rate Loans under this Agreement.

Appears in 4 contracts

Samples: Option Agreement and Permanent Easement Agreement (Antero Midstream Partners LP), Option Agreement and Permanent Easement Agreement (Antero Midstream Partners LP), Credit Agreement (Antero Resources Midstream LLC)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender severally agrees to make Swingline Loans to the Borrower from time to time during the Availability Period (each such loan, a "Swingline Loan"), in U.S. Dollars, a minimum amount of $15,000,000 and in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline CommitmentSublimit, (yii) the aggregate principal amount of outstanding Swingline Loans of made by such Swingline Lender exceeding such Swingline Lender’s 's Swingline Commitments or Commitment, (ziii) the such Swingline Lender's Revolving Facility Credit Exposure exceeding its Commitment or (iv) the total sum of the Aggregate Revolving Facility Credit Exposures exceeding the Aggregate Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, borrow and prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 4 contracts

Samples: Credit and Guarantee Agreement (H&r Block Inc), Credit and Guarantee Agreement (H&r Block Inc), Credit and Guarantee Agreement (H&r Block Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans in Dollars to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (yii) the aggregate amount of Swingline Loans, Letters of Credit and Revolving Facility Loans outstanding Swingline Loans of such issued by the Swingline Lender exceeding such the Swingline Lender’s Swingline Commitments Revolving Facility Commitment or (ziii) the Revolving Facility Credit Exposure of the applicable Class exceeding the total Revolving Facility CommitmentsCommitments of such Class; provided provided, that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All For the avoidance of doubt, Swingline Loans shall will not be ABR Loans under this AgreementSustainability Loans.

Appears in 3 contracts

Samples: Credit Agreement (Westrock Coffee Co), Credit Agreement (Westrock Coffee Co), Incremental Assumption Agreement (Westrock Coffee Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender Lender, in reliance on the agreements of the Revolving Lenders set forth in this Section, agrees to make Swingline Loans denominated in dollars to the Borrower from time to time on any Business Day during the Revolving Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the Revolving Exposure of any Revolving Lender exceeding its Revolving Commitment, (ii) the sum of the total Revolving Exposures exceeding the Total Revolving Commitment or (iii) the aggregate principal amount of outstanding Swingline Loans exceeding of the Swingline Commitment, (y) the outstanding Swingline Loans of such Swingline Lender exceeding such its Swingline Lender’s Swingline Commitments or (z) Commitment; provided, further, that 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 BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender severally agrees to make Swingline Loans to the Borrower from time to time during the Revolving Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of such Swingline Lender's outstanding Swingline Loans exceeding its Swingline Commitment, (ii) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, $50,000,000 or (yiii) the outstanding Swingline Loans sum of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the total Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility Commitments; provided that no such Swingline Lender may, but shall not be required to to, make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Allied Waste Industries Inc), Credit Agreement (Allied Waste Industries Inc), Credit Agreement (Allied Waste Industries Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees may agree, but shall have no obligation, to make Swingline Loans in Dollars to the Borrower from time to time during the Revolving Facility Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline CommitmentSublimit, (yii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure exceeding its Revolving Facility Commitment or (iii) the Total Revolving Facility Credit 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 Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Fathom Digital Manufacturing Corp), Credit Agreement (Fathom Digital Manufacturing Corp), Credit Agreement (Fathom Digital Manufacturing Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender agrees to Lender, in reliance on the agreements of the Lenders set forth in this Section, may in its sole discretion make Swingline Loans to the Borrower from time to time on any Business Day during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the Aggregate Exposure of any Lender exceeding its Commitment, (ii) the Aggregate Exposure of all Lenders exceeding the total Aggregate Commitments or (iii) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline CommitmentSublimit; provided, (y) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided further, that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Tucson Electric Power Co), Credit Agreement (Tucson Electric Power Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees Lenders severally agree to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the aggregate amount of the Swingline CommitmentLenders’ total Commitments (in their respective capacities as Lenders), (yii) the outstanding Swingline Loans Applicable Revolving Credit Exposure of such any Swingline Lender (in its capacity as Lender) exceeding such Swingline Lender’s Swingline Commitments Commitment or (ziii) the sum of the total Revolving Facility Credit Exposure Exposures 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 BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Td Ameritrade Holding Corp), Credit Agreement (Td Ameritrade Holding Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth hereinherein (and if an AutoBorrow Agreement is in effect with respect to the Swingline Lender, each subject to the terms and conditions of such AutoBorrow Agreement), the Swingline Lender agrees to make Swingline Loans in Dollars to the Borrower Company from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, Sublimit or (yii) the outstanding Swingline Loans Dollar Amount of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsCredit Exposures exceeding the Aggregate Commitment; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth hereinherein (and if an AutoBorrow Agreement is in effect with respect to the Swingline Lender, subject to the terms and conditions of such AutoBorrow Agreement), the Borrower Company may borrow, prepay and reborrow Swingline Loans. All No Lender shall have any rights under any AutoBorrow Agreement, but each Lender shall have the obligation to purchase and fund participations in the Swingline Loans shall be ABR Loans under this Agreementas provided below.

Appears in 2 contracts

Samples: Credit Agreement (John Bean Technologies CORP), Credit Agreement (John Bean Technologies CORP)

Swingline Loans. (a) Subject to the terms and conditions set forth hereinherein (and if an AutoBorrow Agreement is in effect with respect to any Swingline Lender, subject to the terms and conditions of such AutoBorrow Agreement), each Swingline Lender agrees to make Swingline Loans in Dollars to the Borrower Company from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, Sublimit or (yii) the outstanding Swingline Loans Dollar Amount of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsCredit Exposures exceeding the Aggregate Commitment; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth hereinherein (and if an AutoBorrow Agreement is in effect with respect to any Swingline Lender, subject to the terms and conditions of such AutoBorrow Agreement), the Borrower Company may borrow, prepay and reborrow Swingline Loans. All No Lender shall have any rights under any AutoBorrow Agreement, but each Lender shall have the obligation to purchase and fund participations in the Swingline Loans shall be ABR Loans under this Agreementas provided below.

Appears in 2 contracts

Samples: Credit Agreement (John Bean Technologies CORP), Credit Agreement (John Bean Technologies CORP)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period, each Swingline Lender severally agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (y) the outstanding Swingline Loans of made by such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments Commitment, (ii) such Swingline Lender’s Credit Exposure exceeding its Commitment, or (ziii) the Revolving Facility sum of the Total Credit Exposure 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 BorrowingLoan. Any Swingline Loans funded by a Swingline Lender shall reduce on a dollar-for-dollar basis availability under this Agreement and such Lender’s Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Kinetik Holdings Inc.), Credit Agreement (Kayne Anderson Acquisition Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans denominated in US Dollars to the Borrower Borrowers from time to time during the Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of the outstanding Swingline Loans exceeding the Swingline CommitmentUS$35,000,000, (yii) the outstanding Swingline Loans sum of such Swingline Lender the Aggregate Revolving Credit Exposure and the Aggregate Competitive Loan Exposure exceeding such Swingline Lender’s Swingline Commitments the Aggregate Commitment or (ziii) the Revolving Facility Credit Exposure of any Lender exceeding the total Revolving Facility Commitmentsits Commitment; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Verisign Inc/Ca), Credit Agreement (Verisign Inc/Ca)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender severally agrees to make Swingline Loans to any Borrower in an Alternative Currency or in Dollars, as the Borrower elects, from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (y) the outstanding Swingline Loans of such made by any Swingline Lender exceeding a Dollar Amount equal to such Swingline Lender’s Swingline Commitments Commitment or such higher amount as the applicable Swingline Lender may agree in writing, (zii) the such Swingline Lender’s Revolving Facility Credit Exposure exceeding its Commitment or (iii) the total Revolving Facility Credit Exposures of all Lenders exceeding the total Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 2 contracts

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

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender agrees to make Swingline Loans denominated in US Dollars to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (x) the aggregate principal amount sum of outstanding Swingline Loans exceeding the Swingline Commitment, (y) total Revolving Exposures plus the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure total Competitive Loan 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 BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All The Borrower may request any Swingline Loan from one or more of the Swingline Lenders, subject only to the limitation that the outstanding Swingline Loans of any Swingline Lender shall be ABR Loans under this Agreementat no time exceed its Swingline Commitment.

Appears in 1 contract

Samples: Year Credit Agreement (Broadridge Financial Solutions, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the each Borrower from time to time during the period from and including the Closing Date and prior to the Availability Period in U.S. Dollars, Termination Date for such Borrower in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of the outstanding Swingline Loans exceeding the Swingline Commitment$40,000,000, (yii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Aggregate Outstanding Credit Exposure exceeding the total Aggregate Commitment, (iii) the Revolving Facility CommitmentsCredit Exposure of any Lender exceeding its Commitment or (iv) the Borrower Credit Exposure of any Borrower exceeding the Borrower Sublimit for such Borrower; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, each Borrower may, severally and not jointly with the Borrower may other Borrower, borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreementat any time prior to the Availability Termination Date for such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Ameren Energy Generating Co)

Swingline Loans. (afa) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans made by the Swingline Lender exceeding the Swingline Commitment, Commitment (y) notwithstanding the outstanding Swingline Loans of fact that such Swingline Lender exceeding such Loans, when aggregated with the Swingline Lender’s outstanding Revolving Loans, may exceed the Swingline Commitments Lender’s Commitment) or (zii) 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 BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Td Ameritrade Holding Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans made by the Swingline Lender exceeding the Swingline Commitment, Commitment (y) notwithstanding the outstanding Swingline Loans of fact that such Swingline Lender exceeding such Loans, when aggregated with the Swingline Lender’s outstanding Revolving Loans, may exceed the Swingline Commitments Lender’s Commitment) or (zii) 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 BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Td Ameritrade Holding Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees may agree, but shall have no obligation, to make Swingline Loans in Dollars to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline CommitmentSublimit, (yii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments Revolving Credit Exposure exceeding its Commitment or (ziii) the Dollar Amount of the Total Revolving Facility Credit Exposure exceeding the total Aggregate Revolving Facility CommitmentsCommitment; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Tpi Composites, Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (yii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (ziii) 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 Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Summit Midstream Partners, LP)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to may in its sole discretion make Swingline Loans in Dollars to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (yii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure exceeding its Revolving Commitment or (iii) the total 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 BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Angiodynamics Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period, each Swingline Lender severally agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (y) the outstanding Swingline Loans of made by such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or Commitment, (zii) the Revolving Facility Credit Exposure of any Lender exceeding its Commitment, or (iii) the sum of the total Revolving 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 BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Noble Energy Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. Dollarsperiod commencing on the Restatement Effective Date and ending on the date immediately prior to the Facility Termination Date, in an aggregate principal amount at any time outstanding that will not result in (x) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (y) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments$30,000,000; provided that (i) at no time shall the Aggregate Outstanding Credit Exposure exceed the Aggregate Commitment and (ii) at no time shall the Committed Credit Exposure of any Lender exceed its Commitment; and provided further that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Amerenenergy Generating Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Revolving Availability Period in U.S. Dollars, Dollars (the “Dollar Swingline Loans”) or in an Optional Currency (the “Optional Currency Swingline Loans”) in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate Dollar Equivalent principal amount of the outstanding Swingline Loans exceeding the Swingline Commitment, $50,000,000 or (yii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Aggregate Revolving Facility Credit Exposure exceeding the total Aggregate Revolving Facility CommitmentsCommitment; provided that no the ​ ​ ​ Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan unless such Swingline Loan is an Optional Currency Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Each Swingline Loans Loan shall be ABR Loans in at least the minimum amounts required under this AgreementSection 2.04(f) below. The interest rate for a Swingline Loan shall be determined in accordance with Section 2.13.

Appears in 1 contract

Samples: Credit Agreement (Bentley Systems Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender agrees to make Swingline Loans to the each Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in so long as, after giving effect thereto, (xi) the aggregate principal amount of outstanding Swingline Loans exceeding will not exceed the Swingline CommitmentSublimit, (yii) the aggregate principal amount of outstanding Swingline Loans of made by such Swingline Lender exceeding will not exceed its Swingline Percentage of the Swingline Sublimit at such Swingline Lender’s Swingline Commitments or time, and (ziii) the Revolving Facility Credit Exposure exceeding sum of the total Revolving Facility Credit Exposures will not exceed the sum total of the Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the each Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreementmade in Dollars, Pounds or Euros only.

Appears in 1 contract

Samples: Credit Agreement (Time Warner Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans Loans, under the Current Asset Revolving Facility, in Dollars to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (yii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the total Current Asset Revolving Facility Credit Exposure exceeding the total Current Asset Revolving Facility CommitmentsCommitments or (iii) the Current Asset Revolving Facility Credit Exposure exceeding the Current Asset Borrowing Base; provided provided, that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Quality Distribution Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to may, but shall have no obligation to, make Swingline Loans in dollars to the Borrower from time to time during the Multi-Year Facility Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$25,000,000, (yii) the outstanding Swingline Loans sum of such Swingline Lender the total Multi-Year Facility Exposures exceeding such the total Commitments or (iii) the Swingline Lender’s Swingline Commitments or (z) the Revolving Multi-Year Facility Credit Exposure exceeding the total Revolving its Multi-Year Facility CommitmentsCommitment; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (National Fuel Gas Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the Borrower Borrowers from time to time during the Revolving Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$100,000,000, (yii) the outstanding Swingline Loans sum of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility CommitmentsCommitments or (iii) the sum of the Revolving Exposures and the aggregate principal amount of the outstanding Term Loans exceeding the Borrowing Base then in effect; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Bergen Brunswig Corp)

Swingline Loans. (a0) Subject to the terms and conditions set forth herein, each Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans made by such Swingline Lender exceeding such Swingline Lender’s Swingline Commitment, (ii) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$50,000,000, (yiii) the outstanding Swingline Loans sum of such Swingline Lender the total Revolving Credit Exposures exceeding the total Revolving Commitments or (iv) such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure exceeding the total its Revolving Facility CommitmentsCommitment; provided that no a Swingline Lender shall be required to not make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

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, each Swingline Lender agrees to make Swingline Loans to the Borrower Borrowers from time to time during the ABT Availability Period in U.S. Dollars, Euros in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding €150,000,000, (ii) the aggregate principal amount of outstanding Swingline Loans made by such Swingline Lender exceeding its Swingline Commitment, (yiii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Aggregate ABT Credit Exposure exceeding the total Revolving Facility Commitments; aggregate amount of the ABT Commitments or (d) the ABT Credit Exposure of any Lender exceeding its ABT Commitment, provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding $100,000,000, (ii) the aggregate principal amount of Swingline Loans, together with the Revolving Credit Exposure of the Swingline CommitmentLender (determined for this purpose without duplication of any Swingline Exposure), (y) exceeding the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments Commitment or (ziii) the sum of the total Revolving Facility Credit Exposure Exposures plus the aggregate principal amount of outstanding Competitive Loans 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 BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (McGraw Hill Financial Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period Period, the Swingline Lender may, in U.S. Dollarsits sole discretion, make Swingline Loans to the Borrowers in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans made by the Swingline Lender exceeding the Swingline Lender’s Swingline Commitment, (yii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure exceeding the total its Commitment or (iii) any Lender’s Revolving Facility CommitmentsCredit Exposure exceeding its Commitment; provided that no a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall may be ABR Loans under this Agreementborrowed in U.S. Dollars only.

Appears in 1 contract

Samples: Credit Agreement (Westlake Chemical Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans in Dollars to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (yii) the aggregate amount of Swingline Loans, Letters of Credit and Revolving Facility Loans outstanding Swingline Loans of such issued by the Swingline Lender exceeding such the Swingline Lender’s Swingline Commitments Revolving Facility Commitment or (ziii) the Revolving Facility Credit Exposure of the applicable Class exceeding the total Revolving Facility CommitmentsCommitments of such Class; provided provided, that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Herman Miller Inc)

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Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Revolving Availability Period in U.S. Dollars, Dollars (the “Dollar Swingline Loans”) or in an Optional Currency (the “Optional Currency Swingline Loans”) in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate Dollar Equivalent principal amount of the outstanding Swingline Loans exceeding the Swingline Commitment, $50,000,000 or (yii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Aggregate Revolving Facility Credit Exposure exceeding the total Aggregate Revolving Facility CommitmentsCommitment; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan unless such Swingline Loan is an Optional Currency Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Each Swingline Loans Loan shall be ABR Loans in at least the minimum amounts required under this AgreementSection 2.04(f) below. The interest rate for a Swingline Loan shall be determined in accordance with Section 2.13.

Appears in 1 contract

Samples: Credit Agreement (Bentley Systems Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the each Borrower from time to time during the period from and including the Closing Date and prior to the Availability Period in U.S. Dollars, Termination Date for such Borrower in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of the outstanding Swingline Loans exceeding the Swingline Commitment$40,000,000, (yii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Aggregate Outstanding Credit Exposure exceeding the total Aggregate Commitment, (iii) the Revolving Facility CommitmentsCredit Exposure of any Lender exceeding its Commitment or (iv) the Borrower Credit Exposure of any Borrower exceeding the Borrower Sublimit for such Borrower; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, each Borrower may, severally and not jointly with the Borrower may other Borrowers, borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreementat any time prior to the Availability Termination Date for such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Ameren Energy Generating Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period, each Swingline Lender severally agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (y) the outstanding Swingline Loans of made by such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments Commitment, (ii) such Swingline Lender’s Revolving Credit Exposure exceeding its Commitment, or (ziii) the sum of the total 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 BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Noble Energy Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees may agree, but shall have no obligation, to make Swingline Loans in Dollars to the Borrower Company from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (x) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline CommitmentSublimit, (y) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments Revolving Facility Credit Exposure exceeding its Revolving Facility Commitment or (z) the Dollar Amount 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 Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Company may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Chart Industries Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the Borrower Parties from time to time during the Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (y) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (zii) the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsCommitments or (iii) the Revolving Facility Credit Exposure exceeding the Borrowing Base; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Parties may borrow, prepay repay and reborrow Swingline Loans. All On the First Restatement Effective Date, all Existing Swingline Loans shall be ABR deemed to be repaid (other than for purposes of Section 2.16 of the Existing Revolving Credit Agreement) and reborrowed as Swingline Loans under this Agreementby the applicable Borrower Party.

Appears in 1 contract

Samples: Revolving Credit Agreement (CPG Newco LLC)

Swingline Loans. (a) Subject I)Subject to the terms and conditions set forth herein, each Swingline Lender agrees to make Swingline Loans to the Borrower Borrowers from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$25,000,000, (yii) the aggregate principal amount of outstanding Swingline Loans of made by such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or Commitment, (ziii) the such Swingline Lender’s Revolving Facility Credit Exposure exceeding its Commitment, or (iv) the total sum of the Total Revolving Facility Credit Exposures exceeding the lesser of Aggregate Commitments or Available Aggregate Commitments; provided that no Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Lease Agreement (FelCor Lodging Trust Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans in dollars to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding $100,000,000, (ii) the aggregate principal amount of Swingline Loans, together with the Revolving Credit Exposure of the Swingline CommitmentLender (determined for this purpose without duplication of any Swingline Exposure), (y) exceeding the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments Commitment or (ziii) the sum of the total Revolving Facility Credit Exposure Exposures plus the aggregate principal amount of outstanding Competitive Loans 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 BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Year Credit Agreement (S&P Global Inc.)

Swingline Loans. (a) Subject a)Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans in Dollars to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (yii) the aggregate amount of Swingline Loans, Letters of Credit and Revolving Facility Loans outstanding Swingline Loans of such issued by the Swingline Lender exceeding such the Swingline Lender’s Swingline Commitments Revolving Facility Commitment or (ziii) the Revolving Facility Credit Exposure of the applicable Class exceeding the total Revolving Facility CommitmentsCommitments of such Class; provided provided, that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All For the avoidance of doubt, Swingline Loans shall will not be ABR Loans under this AgreementSustainability Loans.

Appears in 1 contract

Samples: Credit Agreement (Westrock Coffee Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period Period, the Swingline Lender may, in U.S. Dollarsits sole discretion, make Swingline Loans to the Company in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans made by the Swingline Lender exceeding the Swingline Lender’s Swingline Commitment, (yii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure exceeding the total its Commitment or (iii) any Lender’s Revolving Facility CommitmentsCredit Exposure exceeding its Commitment; provided that no a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Company may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall may be ABR Loans under this Agreementborrowed in U.S. Dollars only.

Appears in 1 contract

Samples: Credit Agreement (Westlake Chemical Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each from time to time during the Availability Period, the Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans made by the Swingline Lender exceeding the Swingline Commitment, (yii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline any Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure exceeding its Commitment, or (iii) the sum of the total Revolving Facility CommitmentsCredit Exposures exceeding the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base); provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Contango Oil & Gas Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender agrees to make Swingline Loans to the each Borrower from time to time during the 2016 Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in so long as, after giving effect thereto, (xi) the aggregate principal amount of outstanding Swingline Loans exceeding will not exceed the Swingline CommitmentSublimit, (yii) the aggregate principal amount of outstanding Swingline Loans of made by such Swingline Lender exceeding will not exceed its Swingline Percentage of the Swingline Sublimit at such Swingline Lender’s Swingline Commitments or time and (ziii) the Revolving Facility Credit Exposure exceeding sum of the total 2016 Revolving Facility Credit Exposures will not exceed the sum total of the 2016 Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the each Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreementmade in Dollars, Pounds or Euros only.

Appears in 1 contract

Samples: Credit Agreement (Time Warner Inc.)

Swingline Loans. (a) Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each the Swingline Lender hereby agrees to make loans (each a "Swingline Loans Loan" and collectively, the "Swingline Loans") to the Borrower Borrower, in Dollars, at any time and from time to time time, during the Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding period from and including the Closing Date to but not including the Maturity Date (or such earlier date if the Commitments have been terminated as provided herein); 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 Commitment and (ii) the aggregate amount of outstanding Swingline Loans exceeding plus the Swingline Commitment, (y) the aggregate amount of outstanding Swingline Revolving Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) plus LOC Obligations shall not exceed 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 BorrowingCommitted Amount. Within the foregoing limits and subject Subject to the terms and conditions set forth hereinof this Loan Agreement, the Borrower may borrow, prepay repay and reborrow Swingline Loans. All The Swingline Loans shall be ABR Loans under this Agreementbear interest at a rate mutually agreeable to the Swingline Lender and the Borrower at the time of the borrowing of such Swingline Loan.

Appears in 1 contract

Samples: Credit Agreement (Longview Fibre Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender agrees to make Swingline Loans in Dollars to the any Swingline Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, $75,000,000 or (yii) the outstanding Swingline Loans Dollar Amount of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure exceeding the total Revolving Facility CommitmentsCredit Exposures exceeding the Aggregate Revolving Commitment; provided that no the Swingline Lender Lenders shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan; provided further that in no event shall PNC Bank be required to make a Swingline Loan if the principal amount of such Swingline Loan, together with the principal amount of all other then-outstanding Swingline Loans made by PNC Bank, would exceed PNC Bank’s then-outstanding Revolving Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, the any Swingline Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Signet Jewelers LTD)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding that will not result in (x) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, Commitment or (y) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure Total Outstandings exceeding the total Revolving Facility Aggregate Commitments; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay or repay and reborrow Swingline Loans. All Swingline Loans shall be ABR Base Rate Loans under this Agreement. Upon the making of a Swingline Loan, each Lender shall be deemed to have acquired (without action on the part of any party) an inchoate participation in such Swingline Loan, to be funded under the circumstances set forth below.

Appears in 1 contract

Samples: Revolving Credit Agreement (Philadelphia Energy Solutions Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender Lender, in reliance on the agreements of the Lenders set forth in this Section, agrees to make Swingline Loans to the Borrower Borrowers from time to time during on any Business Day before the Availability Period in U.S. DollarsTermination Date, in an aggregate principal amount at any time outstanding that will not result in (x) the Revolving Credit Exposure of any Lender exceeding its Revolving Loan Commitment, (y) the Aggregate Revolving Credit Exposure exceeding the Maximum Revolving Loan Amount or (z) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline CommitmentSublimit; provided, (y) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments; provided further, that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Green Plains Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to may, in its sole discretion, make Swingline Loans in U.S. Dollars to the Borrower from time to time during the Revolving Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans Exposure exceeding the Swingline Commitment, (y) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments Commitment or (zii) the Revolving Facility Credit Exposure plus the face amount of letters of credit issued under Section 6.01(s) exceeding the total Revolving Facility Commitments; provided provided, that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Each Swingline Borrowing shall be in an amount that is an integral multiple of an amount to be agreed between the Borrower and Swingline Lender, and not less than an amount to be agreed between the Borrower and Swingline Lender. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Affinion Group, Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender agrees to may in its sole discretion make Swingline Loans in Dollars to the Borrower Company from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans made by such Swingline Lender exceeding such Swingline Lender’s Swingline Sublimit, except to the extent otherwise agreed by such Swingline Lender, the Administrative Agent and the Company, (ii) such Swingline Lender’s Revolving Credit Exposure exceeding its Commitment, (iii) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$50,000,000, or (yiv) the outstanding Swingline Loans Dollar Amount of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Total Revolving Facility Credit Exposure Exposures exceeding the total Revolving Facility CommitmentsAggregate Commitment; provided that no a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Company may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Briggs & Stratton Corp)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the each Borrower from time to time during the period from and including the Closing Date and prior to the Availability Period in U.S. Dollars, Termination Date for such Borrower in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of the outstanding Swingline Loans exceeding the Swingline Commitment$25,000,000, (yii) the outstanding Swingline Loans of such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or (z) the Revolving Facility Aggregate Outstanding Credit Exposure exceeding the total Aggregate Commitment, (iii) the Revolving Facility CommitmentsCredit Exposure of any Lender exceeding its Commitment or (iv) the Borrower Credit Exposure of any Borrower exceeding the Borrower Sublimit for such Borrower; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, each Borrower may, severally and not jointly with the Borrower may other Borrower, borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreementat any time prior to the Availability Termination Date for such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Ameren Energy Generating Co)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans in Dollars to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$20,000,000, (yii) the outstanding Swingline Loans sum of such Swingline the total Revolving Credit Exposures exceeding the aggregate Revolving Commitments or (iii) the Revolving Credit Exposure of any Revolving Lender exceeding such Swingline Lender’s Swingline Commitments or (z) 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 BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Universal Corp /Va/)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans to the each Swingline Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans to such Swingline Borrower exceeding the its Swingline Loan Commitment, (yii) the aggregate principal amount of outstanding Swingline Loans of to such Swingline Lender Borrower exceeding such Swingline Lender’s Swingline Commitments its Borrowing Cap or (ziii) the Revolving Facility Credit Exposure exceeding sum of the total Revolving Facility CommitmentsCredit Exposures exceeding the Total Commitment; provided that no the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the each Swingline Borrower may borrow, prepay and reborrow its Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Time Warner Inc/)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, from time to time during the Availability Period for the Revolving Credit Facility, each Swingline Lender severally agrees to make Swingline Loans to the Borrower from time to time during the Availability Period in U.S. Dollars, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment, (y) the outstanding Swingline Loans of made by such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments Commitment, (ii) such Swingline Lender’s Revolving Credit Exposure exceeding its Revolving Commitment, or (ziii) the Total Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments, or (iii) a violation of the Borrowing Base Covenants; provided that no a Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement and Term Loan Agreement (Industrial Property Trust Inc.)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each Swingline Lender severally agrees to make Swingline Loans to the Borrower from time to time during the Availability Period (each such loan, a “Swingline Loan”), in U.S. Dollars, a minimum amount of $15,000,000 and in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline CommitmentSublimit, (yii) the aggregate principal amount of outstanding Swingline Loans of made by such Swingline Lender exceeding such Swingline Lender’s Swingline Commitments or Commitment, (ziii) the such Swingline Lender’s Revolving Facility Credit Exposure exceeding its Commitment or (iv) the total sum of the Aggregate Revolving Facility Credit Exposures exceeding the Aggregate Commitments; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, borrow and prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (H&r Block Inc)

Swingline Loans. (a) Subject to the terms and conditions set forth herein, each the Swingline Lender agrees to make Swingline Loans in Dollars to the Borrower from time to time during the Availability Period in U.S. DollarsPeriod, in an aggregate principal amount at any time outstanding that will not result in (xi) the aggregate principal amount of outstanding Swingline Loans exceeding the Swingline Commitment$40,000,000, (yii) the outstanding Swingline Loans sum of such Swingline the total Revolving Credit Exposures exceeding the aggregate Revolving Commitments or (iii) the Revolving Credit Exposure of any Revolving Lender exceeding such Swingline Lender’s Swingline Commitments or (z) 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 BorrowingLoan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans. All Swingline Loans shall be ABR Loans under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Universal Corp /Va/)

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