Common use of Autoborrow Arrangement Clause in Contracts

Autoborrow Arrangement. In order to facilitate the borrowing of Swing Line Loans, the Company and the Swing Line Lender may mutually agree to, and are hereby authorized to, enter into an autoborrow agreement in form and substance satisfactory to the Swing Line Lender and the Administrative Agent (the “Autoborrow Agreement”) providing for the automatic advance by the Swing Line Lender of Swing Line Loans under the conditions set forth in the Autoborrow Agreement, in an amount not to exceed the Swing Line Sublimit, which shall be in addition to the conditions set forth herein. At any time an Autoborrow Agreement is in effect, the requirements for Borrowings of Swing Line Loans set forth in Section 2.04(b) shall not apply, and all Borrowings of Swing Line Loans shall be made in accordance with the Autoborrow Agreement; provided that any automatic advance made by the Swing Line Lender in reliance of the Autoborrow Agreement shall be deemed a Swing Line Loan as of the time such automatic advance is made notwithstanding any provision in the Autoborrow Agreement to the contrary. For purposes of determining the Total Revolving Outstandings at any time during which an Autoborrow Agreement is in effect, the Outstanding Amount of all Swing Line Loans shall be deemed to be the sum of the Outstanding Amount of Swing Line Loans at such time plus the maximum amount available to be borrowed under such Autoborrow Agreement at such time. So long as an Autoborrow Agreement is in place, the Company shall be deemed to have delivered a Request for Credit Extension with respect to such Swing Line Loan. For purposes of any Borrowing of Swing Line Loans pursuant to any Autoborrow Agreement, all references to Bank of America in the Autoborrow Agreement shall be deemed to be a reference to Bank of America, in its capacity as Swing Line Lender hereunder.

Autoborrow Arrangement. In order to facilitate the borrowing of Swing Line Loans, the Company Parent Borrower and the Swing Line Lender may mutually agree to, and are hereby authorized to, enter into an autoborrow agreement arrangement in form and substance satisfactory to the Swing Line Lender and the Administrative Agent (the “Autoborrow Agreement”) providing for the automatic advance by the Swing Line Lender of Swing Line Loans under the conditions set forth in the Autoborrow Agreement, in an amount not to exceed the Swing Line Sublimit, which shall be in addition subject to the conditions set forth herein. At any time an Autoborrow Agreement is in effect, advances under the requirements Autoborrow Agreement shall be deemed Swing Line Loans for all purposes hereof, except that Borrowings and prepayments of Swing Line Loans set forth in Section 2.04(b) shall not apply, and all Borrowings of Swing Line Loans under the Autoborrow Agreement shall be made in accordance with the Autoborrow AgreementAgreement (and for the avoidance of doubt, the provisions of Sections 2.04(b) and 2.05(a)(ii) with respect to minimum and incremental Borrowing and prepayment amounts, and other requirements for Swing Lien Loans, shall not apply); provided that any automatic advance made by the Swing Line Lender Bank of America in reliance of the Autoborrow Agreement shall be deemed a Swing Line Loan as of the time such automatic advance is made notwithstanding any provision in the Autoborrow Agreement to the contrary. For purposes of determining the Total Revolving Outstandings at any time during which an Autoborrow Agreement is in effecteffect (other than for purposes of calculating Commitment Fees), the Outstanding Amount of all Swing Line Loans shall be deemed to be the sum amount of the Outstanding Amount of Swing Line Loans at such time plus the maximum amount available to be borrowed under such Autoborrow Agreement at such time. So long as an Autoborrow Agreement is in place, the Company shall be deemed to have delivered a Request for Credit Extension with respect to such Swing Line LoanSublimit. For purposes of any Borrowing of Swing Line Loans Borrowing pursuant to any the Autoborrow Agreement, all references to Bank of America in the Autoborrow Agreement shall be deemed to be a reference to Bank of America, in its capacity as Swing Line Lender hereunder.

Autoborrow Arrangement. In order to facilitate the borrowing of Swing Line Loans, the Company Borrower and the Swing Line Lender may mutually agree to, and are hereby authorized to, enter into an autoborrow agreement in form and substance satisfactory to the Swing Line Lender and the Administrative Agent (the “Autoborrow Agreement”) providing for the automatic advance by the Swing Line Lender of Swing Line Loans under the conditions set forth in the Autoborrow Agreement, Agreement in an amount not to exceed the Swing Line Sublimit, which shall be in addition to the conditions set forth herein. At any time an Autoborrow Agreement is in effect, the requirements for Borrowings of Swing Line Loans set forth in Section 2.04(b) shall not apply, and all Borrowings of Swing Line Loans under the Autoborrow Agreement shall be made in accordance with the Autoborrow Agreement; provided that any automatic advance made by the Swing Line Lender in reliance of the Autoborrow Agreement shall be deemed a Swing Line Loan as of the time such automatic advance is made notwithstanding any provision in the Autoborrow Agreement to the contrary. For purposes of determining the Total Revolving Outstandings at any time during which an Autoborrow Agreement is in effect, the Outstanding Amount of all Swing Line Loans shall be deemed to be the sum of the Outstanding Amount of Swing Line Loans at such time plus the maximum amount available to be borrowed under such Autoborrow Agreement at such time. So long as an Autoborrow Agreement is in place, the Company Borrower shall be deemed to have delivered a Request for Credit Extension with respect to such Swing Line Loan. For purposes . (j) Section 2.05(a)(ii) of the Credit Agreement is amended by adding the following at the end thereof: Notwithstanding the foregoing, at any Borrowing of time an Autoborrow Agreement is in effect, Swing Line Loans pursuant to any shall be prepaid at such times, in such amounts and with such notice (if any) as provided in such Autoborrow Agreement, all references . (k) Section 2.09 of the Credit Agreement is amended by adding a new subsection (c) to Bank of America in the Autoborrow Agreement shall be deemed to be a reference to Bank of America, in its capacity read as Swing Line Lender hereunder.follows:

Autoborrow Arrangement. In order to facilitate the borrowing of Swing Line Loans, the Company Parent Borrower and the Swing Line Lender may mutually agree to, and are hereby authorized to, enter into an autoborrow agreement arrangement in form and substance satisfactory to the Swing Line Lender and the Administrative Agent (the “Autoborrow Agreement”) providing for the automatic advance by the Swing Line Lender of Swing Line Loans under the conditions set forth in the Autoborrow Agreement, in an amount not to exceed the Swing Line Sublimit, which shall be in addition subject to the conditions set forth herein. At any time an Autoborrow Agreement is in effect, advances under the requirements Autoborrow Agreement shall be deemed Swing Line Loans for all purposes hereof, except that Borrowings and prepayments of Swing Line Loans set forth in Section 2.04(b) shall not apply, and all Borrowings of Swing Line Loans under the Autoborrow Agreement shall be made in accordance with the Autoborrow AgreementAgreement (and for the avoidance of doubt, the provisions of Sections 2.04(b) and 2.05(a)(ii) with respect to minimum and incremental Borrowing and prepayment amounts, and other requirements for Swing Lien Loans, shall not apply); provided that any automatic advance made by the Swing Line Lender Bank of America in reliance of the Autoborrow Agreement shall be deemed a Swing Line Loan as of the time such automatic advance is made notwithstanding any provision in the Autoborrow Agreement to the contrary. For purposes of determining the Total Revolving Outstandings at any time during which an Autoborrow Agreement is in effecteffect (other than for purposes of calculating Commitment Fees), the Outstanding Amount of all Swing Line Loans shall be deemed to be the sum amount of the Outstanding Amount of Swing Line Loans at such time plus the maximum amount available to be borrowed under such Autoborrow Agreement at such time. So long as an Autoborrow Agreement is in place, the Company shall be deemed to have delivered a Request for Credit Extension with respect to such Swing Line LoanSublimit. For purposes of any Borrowing of Swing Line Loans Borrowing pursuant to any the Autoborrow Agreement, all references to Bank of America in the Autoborrow Agreement shall be deemed to be a reference to Bank of America, in its capacity as Swing Line Lender hereunder. (f) Section 2.08(a)(iv) of the Credit Agreement is hereby amended in its entirety as follows: