Common use of Additional Provisions Relating to Swingline Loans Clause in Contracts

Additional Provisions Relating to Swingline Loans. The Swingline Lender may, at any time, in its sole discretion, by written notice to the Borrower and the Revolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Article VIII and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Article VIII. Each Revolving Lender hereby irrevocably agrees to make its Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (a) that the amount of such Revolving Loan may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (b) whether any conditions specified in Section 5.2 are then satisfied, (c) whether a Default or an Event of Default then exists, (d) failure of any such request or deemed request for a Revolving Loan to be made by the time otherwise required hereunder, (e) whether the date of such Borrowing is a date on which Revolving Loans are otherwise permitted to be made hereunder or (f) any termination of the Revolving Commitments relating thereto immediately prior to or contemporaneously with such Borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Credit Party), then each Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such Borrowing would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Lender such Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Revolving Lender to share in such Swingline Loans ratably based upon its Revolving Commitment Percentage (determined before giving effect to any termination of the Revolving Commitments pursuant to Article VIII); provided that (i) all interest payable on the Swingline Loans shall be for the account of the Swingline Lender until the date as of which the respective Participation Interests are funded and (ii) at the time any purchase of Participation Interests pursuant to this Section 2.12 is actually made, the purchasing Revolving Lender shall be required to pay to the Swingline Lender, to the extent not paid to the Swingline Lender by the Borrower in accordance with the terms hereof, interest on the principal amount of Participation Interests purchased for each day from and including the day upon which such Borrowing would otherwise have occurred to but excluding the date of payment for such Participation Interests, at the rate equal to the Federal Funds Rate.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Ventas Inc), Credit and Guaranty Agreement (Ventas Inc)

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Additional Provisions Relating to Swingline Loans. The Swingline Lender may, at any time, in its sole discretion, by written notice to the Borrower and the Revolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Article VIII Section 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Article VIIISection 9.2. Each Revolving Lender hereby irrevocably agrees to make its Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (a) that the amount of such Revolving Loan borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (b) whether any conditions specified in Section 5.2 are then satisfied, (c) whether a Default or an Event of Default then exists, (d) failure of any such request or deemed request for a Revolving Loan to be made by the time otherwise required hereunder, (e) whether the date of such Borrowing borrowing is a date on which Revolving Loans are otherwise permitted to be made hereunder or (f) any termination of the Revolving Commitments relating thereto immediately prior to or contemporaneously with such Borrowingborrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Credit Party), then each Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such Borrowing borrowing would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Lender such Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Revolving Lender to share in such Swingline Loans ratably based upon its Revolving Commitment Percentage (determined before giving effect to any termination of the Revolving Commitments pursuant to Article VIIISection 3.4); , provided that (i) all interest payable on the Swingline Loans shall be for the account of the Swingline Lender until the date as of which the respective Participation Interests are Interest is funded and (ii) at the time any purchase of Participation Interests pursuant to this Section 2.12 sentence is actually made, the purchasing Revolving Lender shall be required to pay to the Swingline Lender, to the extent not paid to the Swingline Lender by the Borrower in accordance with the terms hereofof Section 2.4(b), interest on the principal amount of Participation Interests purchased for each day from and including the day upon which such Borrowing borrowing would otherwise have occurred to but excluding the date of payment for such Participation Interests, at the rate equal to the Federal Funds Rate.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amerigroup Corp)

Additional Provisions Relating to Swingline Loans. The Swingline Lender Bank may, at any time, in its sole discretion, by written notice to the Borrower Representative and the Revolving LendersBanks, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower Representative shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and Date, on the date of the occurrence of any Event of Default described in Article VIII and upon acceleration of the indebtedness Loans and other obligations hereunder and the exercise of remedies in accordance with the provisions of Article VIIISection 9.2. Each Revolving Lender Bank hereby irrevocably agrees to make its Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (aI) that the amount of such Revolving Loan borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (bII) whether any conditions specified in Section 5.2 are then satisfied, (cIII) whether a Default or an Event of Default then exists, (dIV) failure of any such request or deemed request for a Revolving Loan to be made by the time otherwise required hereunder, (eV) whether the date of such Borrowing borrowing is a date on which Revolving Loans are otherwise permitted to be made hereunder or (fVI) any termination of the Revolving Commitments relating thereto immediately prior to or contemporaneously with such Borrowingborrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Credit Party), then each Revolving Lender Bank hereby agrees that it shall forthwith purchase (as of the date such Borrowing borrowing would otherwise have occurred, but adjusted for any payments received from the Borrower Borrowers on or after such date and prior to such purchase) from the Swingline Lender Bank such Participation Interests participation interests in the outstanding Swingline Loans as shall be necessary to cause each such Revolving Lender Bank to share in such Swingline Loans ratably based upon its Revolving Commitment Percentage (determined before giving effect to any termination of the Revolving Commitments pursuant to Article VIIISection 9.2); , provided that (iA) all interest payable on the Swingline Loans shall be for the account of the Swingline Lender Bank until the date as of which the respective Participation Interests are Interest is funded and (iiB) at the time any purchase of Participation Interests pursuant to this Section 2.12 sentence is actually made, the purchasing Revolving Lender Bank shall be required to pay to the Swingline LenderBank, to the extent not paid to the Swingline Lender Bank by the Borrower Borrowers in accordance with the terms hereofof Section 2.3(b), interest on the principal amount of Participation Interests purchased for each day from and including the day upon which such Borrowing borrowing would otherwise have occurred to but excluding the date of payment for such Participation Interests, at the rate equal to the Federal Funds Rate.

Appears in 1 contract

Samples: Credit Agreement (Owens & Minor Inc/Va/)

Additional Provisions Relating to Swingline Loans. The Swingline Lender may, at any time, in its sole discretion, by written notice to the Borrower and the Revolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Credit Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Credit Loan advance comprised solely of Alternate Base Rate Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Article VIII 9 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Article VIII9. Each Revolving Lender hereby irrevocably agrees to make its Revolving Credit Commitment Percentage of each such Revolving Credit Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (ai) that the amount of such Revolving Loan borrowing may not comply with the minimum amount for advances of Revolving Credit Loans otherwise required hereunder, (bii) whether any conditions specified in Section 5.2 2.3 are then satisfied, (ciii) whether a Default or an Event of Default then exists, (div) failure of any such request or deemed request for a Revolving Credit Loan to be made by the time otherwise required hereunder, (ev) whether the date of such Borrowing borrowing is a date on which Revolving Credit Loans are otherwise permitted to be made hereunder or (fvi) any termination of the Revolving Commitments relating thereto immediately prior to or contemporaneously with such Borrowingborrowing. In the event that any Revolving Credit Loan cannot for any reason be made on the date otherwise required above (including including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Credit PartyBorrower), then each Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such Borrowing borrowing would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Lender such Participation Interests participations in the outstanding Swingline Loans as shall be necessary to cause each such Revolving Lender to share in such Swingline Loans ratably based upon its Revolving Credit Commitment Percentage (determined before giving effect to any termination of the Revolving Commitments pursuant to Article VIII)Commitments; provided that (iA) all interest payable on the Swingline Loans shall be for the account of the Swingline Lender until the date as of which the respective Participation Interests are participation is funded and (iiB) at the time any purchase of Participation Interests participation pursuant to this Section 2.12 sentence is actually made, the purchasing Revolving Lender shall be required to pay to the Swingline Lender, to the extent not paid to the Swingline Lender by the Borrower in accordance with the terms hereofof Section 2.5, interest on the principal amount of Participation Interests participations purchased for each day from and including the day upon which such Borrowing borrowing would otherwise have occurred to but excluding the date of payment for such Participation Interestsparticipations, at the rate equal to the Federal Funds Rate.

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Propane Partners Lp)

Additional Provisions Relating to Swingline Loans. The Swingline Lender may, at any time, in its sole discretion, by written notice to the Borrower and the Revolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Article VIII and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Article VIII. Each Revolving Lender hereby irrevocably agrees to make its Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (ai) that the amount of such Revolving Loan borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (bii) whether any conditions specified in Section 5.2 are then satisfied, (ciii) whether a Default or an Event of Default then exists, (div) failure of any such request or deemed request for a such Revolving Loan to be made by the time otherwise required hereunder, (ev) whether the date of such Borrowing borrowing is a date on which Revolving Loans are otherwise permitted to be made hereunder or (fvi) any termination of the Revolving Commitments relating thereto immediately prior to or contemporaneously with such Borrowingborrowing. In the event that any such Revolving Loan cannot for any reason be made on the date otherwise required above (including as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Credit Party)above, then each Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such Borrowing borrowing would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Lender such Participation Interests in the outstanding such Swingline Loans Loan as shall be necessary to cause each such Revolving Lender to share in such Swingline Loans Loan ratably based upon its Revolving Commitment Percentage (determined before giving effect to any termination of the Revolving Commitments pursuant to Article VIIISection 3.4); provided that (iA) all interest payable on the such Swingline Loans Loan shall be for the account of the Swingline Lender until the date as of which the respective Participation Interests are Interest is funded and (iiB) at the time any purchase of the respective Participation Interests pursuant to this Section 2.12 Interest is actually madefunded, the purchasing Revolving Lender shall be required to pay to the Swingline Lender, to the extent not paid to the Swingline Lender by the Borrower in accordance with the terms hereofBorrower, interest on the principal amount of such Participation Interests purchased Interest for each day from and including the day upon which such Borrowing borrowing would otherwise have occurred to but excluding the date of payment for funding of such Participation InterestsInterest, at the a rate equal to the Federal Funds Rate.

Appears in 1 contract

Samples: Debtor in Possession Financing Agreement (Railworks Corp)

Additional Provisions Relating to Swingline Loans. The Swingline Lender may, at any time, in its sole discretion, by written notice to the Borrower and the Revolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loans in the amount of such Swingline Loans; provided, -------- however, that any such demand shall be deemed to have been given one (1) Business ------- Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Article VIII 7 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Article VIII7. Each Revolving Lender hereby irrevocably agrees to make its Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (a) that the amount of such Revolving Loan may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (b) whether any conditions specified in Section 5.2 are then satisfied, (c) whether a Default or an Event of Default then exists, (d) failure of any such request or deemed request for a Revolving Loan to be made by the time otherwise required hereunder, (e) whether the date of such Borrowing is a date on which Revolving Loans are otherwise permitted to be made hereunder or (f) any termination of the Revolving Commitments relating thereto immediately prior to or contemporaneously with such Borrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Credit Party), then each Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such Borrowing would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Lender such Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Revolving Lender to share in such Swingline Loans ratably based upon its Revolving Commitment Percentage (determined before giving effect to any termination of the Revolving Commitments pursuant to Article VIII); provided that Each (i) all interest payable on the Swingline Loans shall be for the account of the Swingline Lender until the date as of which the respective Participation Interests are funded and (ii) at the time any purchase of Participation Interests pursuant to this Section 2.12 2.17 is actually made, the purchasing Revolving Lender shall be required to pay to the Swingline Lender, to the extent not paid to the Swingline Lender by the Borrower in accordance with the terms hereof, interest on the principal amount of Participation Interests purchased for each day from and including the day upon which such Borrowing borrowing would otherwise have occurred to but excluding the date of payment for such Participation Interests, at the rate equal to the Federal Funds Rate.

Appears in 1 contract

Samples: Credit, Security and Guaranty Agreement (Ventas Inc)

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Additional Provisions Relating to Swingline Loans. The Swingline Lender may, at any time, in its sole discretion, by written notice to the Borrower and the Revolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Article VIII Section 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Article VIIISection 9.2. Each Revolving Lender hereby irrevocably agrees to make its Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (aI) that the amount of such Revolving Loan borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (bII) whether any conditions specified in Section 5.2 are then satisfied, (cIII) whether a Default or an Event of Default then exists, (dIV) failure of any such request or deemed request for a Revolving Loan to be made by the time otherwise required hereunder, (eV) whether the date of such Borrowing borrowing is a date on which Revolving Loans are otherwise permitted to be made hereunder or (fVI) any termination of the Revolving Commitments relating thereto immediately prior to or contemporaneously with such Borrowingborrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Credit Party), then each Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such Borrowing borrowing would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Lender such Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Revolving Lender to share in such Swingline Loans ratably based upon its Revolving Commitment Percentage of the Revolving Committed Amount (determined before giving effect to any termination of the Revolving Commitments pursuant to Article VIIISection 3.4); , provided that (iA) all interest payable on the Swingline Loans shall be for the account of the Swingline Lender until the date as of which the respective Participation Interests are Interest is funded and (iiB) at the time any purchase of Participation Interests pursuant to this Section 2.12 sentence is actually made, the purchasing Revolving Lender shall be required to pay to the Swingline Lender, to the extent not paid to the Swingline Lender by the Borrower in accordance with the terms hereofof Section 2.4(b), interest on the principal amount of Participation Interests purchased for each day from and including the day upon which such Borrowing borrowing would otherwise have occurred to but excluding the date of payment for such Participation Interests, at the rate equal to the Federal Funds Rate.

Appears in 1 contract

Samples: Credit Agreement (Triad Hospitals Inc)

Additional Provisions Relating to Swingline Loans. (a) The Swingline Lender may, at any time, in its sole discretion, by written notice to the Borrower and the Revolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Article VIII Section 9.1 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Article VIIISection 9.2. Each Revolving Lender hereby irrevocably agrees to make its Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding (ai) that the amount of such Revolving Loan borrowing may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (bii) whether any conditions specified in Section 5.2 are then satisfied, (ciii) whether a Default or an Event of Default then exists, (div) failure of any such request or deemed request for a Revolving Loan to be made by the time otherwise required hereunder, (ev) whether the date of such Borrowing borrowing is a date on which Revolving Loans are otherwise permitted to be made hereunder or (fvi) any termination of the Revolving Commitments relating thereto immediately prior to or contemporaneously with such Borrowingborrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Credit PartyGuarantor), then each Revolving Lender hereby agrees that it shall forthwith purchase fund (as of the date such Borrowing borrowing would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchasefunding) from the Swingline Lender such Participation Interests Lender’s risk participation in the outstanding Swingline Loans as shall be necessary plus interest thereon from the date such borrowing would otherwise have occurred to cause each the date of such Revolving Lender funding, at a rate per annum equal to share in such Swingline Loans ratably based upon its Revolving Commitment Percentage (determined before giving effect to any termination of the Revolving Commitments pursuant to Article VIII); provided that (i) all Federal Funds Rate. All interest payable on the Swingline Loans shall be for the account of the Swingline Lender until the date as of which the respective Participation Interests are funded and risk participation is funded. (iib) at If any payment received by the time Swingline Lender in respect of principal or interest on any purchase Swingline Loan is required to be returned by the Swingline Lender under any of Participation Interests the circumstances described in Section 11.16 (including pursuant to this Section 2.12 is actually madeany settlement entered into by the Swingline Lender in its discretion), the purchasing Revolving each Lender shall be required to pay to the Swingline Lender its Revolving Commitment Percentage thereof on demand of the Swingline Lender, to the extent not paid to the Swingline Lender by the Borrower in accordance with the terms hereof, plus interest on the principal amount of Participation Interests purchased for each day thereon from and including the day upon which such Borrowing would otherwise have occurred to but excluding the date of payment for such Participation Interestsdemand to the date such amount is returned, at the a rate per annum equal to the Federal Funds Rate. The obligations of the Lenders under this clause shall survive the payment in full of the Obligations and the termination of this Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Advance America, Cash Advance Centers, Inc.)

Additional Provisions Relating to Swingline Loans. The Swingline Lender may, at any time, in its sole discretion, by written notice to the Borrower and the Revolving Lenders, demand repayment of its Swingline Loans by way of a Revolving Loan advance, in which case the Borrower shall be deemed to have requested a Revolving Loan advance comprised solely of Base Rate Loans in the amount of such Swingline Loans; provided, however, that any such demand shall be deemed to have been given one (1) Business Day prior to the Revolving Commitment Termination Date and on the date of the occurrence of any Event of Default described in Article VIII 7 and upon acceleration of the indebtedness hereunder and the exercise of remedies in accordance with the provisions of Article VIII7. Each Revolving Lender hereby irrevocably agrees to make its Revolving Commitment Percentage of each such Revolving Loan in the amount, in the manner and on the date specified in the preceding sentence notwithstanding that (a) that the amount of such Revolving Loan may not comply with the minimum amount for advances of Revolving Loans otherwise required hereunder, (b) whether any conditions specified in Section 5.2 4.2 are then satisfied, (c) whether a Default or an Event of Default then exists, (d) failure of any such request or deemed request for a Revolving Loan to be made by the time otherwise required hereunder, (e) whether the date of such Borrowing borrowing is a date on which Revolving Loans are otherwise permitted to be made hereunder or (f) any termination of the Revolving Commitments relating thereto immediately prior to or contemporaneously with such Borrowingborrowing. In the event that any Revolving Loan cannot for any reason be made on the date otherwise required above (including including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower or any other Credit Party), then each Revolving Lender hereby agrees that it shall forthwith purchase (as of the date such Borrowing borrowing would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Lender such Participation Interests in the outstanding Swingline Loans as shall be necessary to cause each such Revolving Lender to share in such Swingline Loans ratably based upon its Revolving Commitment Percentage (determined before giving effect to any termination of the Revolving Commitments pursuant to Article VIII7); provided that (i) all interest payable on the Swingline Loans shall be for the account of the Swingline Lender until the date as of which the respective Participation Interests are funded and (ii) at the time any purchase of Participation Interests pursuant to this Section 2.12 2.17 is actually made, the purchasing Revolving Lender shall be required to pay to the Swingline Lender, to the extent not paid to the Swingline Lender by the Borrower in accordance with the terms hereof, interest on the principal amount of Participation Interests purchased for each day from and including the day upon which such Borrowing borrowing would otherwise have occurred to but excluding the date of payment for such Participation Interests, at the rate equal to the Federal Funds Rate.

Appears in 1 contract

Samples: Credit, Security and Guaranty Agreement (Ventas Inc)

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