Common use of Availability Clause in Contracts

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, the Swingline Lender may, in its sole discretion, make Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Loans would exceed the Maximum Revolving Loan Balance and (y) during the period commencing on the first Business Day after it receives notice from Agent or the Required Revolving Lenders that one or more of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i).

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinAgreement, the each Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the any Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through through, but not including, the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline CommitmentTermination Date; provided, howeverthat (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterling, that the Swingline Lender may not make any Swing Loan (xii) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving outstanding Swingline Loans would (after giving effect to any amount requested and the use thereof) shall not exceed the Maximum lesser of (A) the Aggregate Revolving Loan Balance Commitment less the sum of all outstanding Revolving Credit Loans, Japanese Yen Loans and the L/C Obligations and (yB) during the period commencing on aggregate Swingline Commitments of all Swingline Lenders and (iii) the first Business Day aggregate principal amount of all outstanding Swingline Loans (after it receives notice from Agent or giving effect to any amount requested and the Required Revolving Lenders that one or more of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making use thereof) of any Swing Loan, Swingline Lender shall not exceed the lesser of (A) the Swingline Commitment of such Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth then in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan effect and must be repaid as provided herein, but in any event must be repaid in full on (B) the Revolving Termination Date. Within the limits set forth in the first sentence Credit Commitment of this clause such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (i), amounts of Swing other than Swingline Loans repaid may be reborrowed under this clause (imade by such Swingline Lender).

Availability. Subject to On the terms and subject to the conditions of contained in this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinAgreement, the Swingline Lender may, in its sole discretion, make Loans loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments Credit Facility from time to time on any Business Day during the period from the Closing Date through date hereof until the Final Availability Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Loans Credit Outstandings would exceed the Maximum Revolving Loan Balance Credit Commitments and (y) during in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 2.2 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ia), amounts of Swing Loans repaid may be reborrowed under this clause (ia).

Availability. Subject to On the terms and subject to the conditions of contained in this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinAgreement, the Swingline Lender may, in its sole discretion, make Loans loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments Credit Facility from time to time on any Business Day during the period from the Closing Date through date hereof until the Final Availability Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Loans Credit Outstandings would exceed the Maximum Revolving Loan Balance Credit Commitments and (y) during in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 2.2 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ia), amounts of Swing Loans repaid may be reborrowed under this clause (ia).

Availability. (i) Subject to the terms and conditions of this Agreement Agreement, and in reliance upon the representations and warranties of the Credit Parties contained set forth herein, the Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through through, but not including, the Final Availability Date Termination Date, as requested by the Borrower in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitmentaccordance with the terms of Section 2.03(a)(ii); provided, however, that the Swingline Lender may not make any Swing Loan (xi) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all outstanding Extensions of Credit (after giving effect to any amount requested and the application of the proceeds thereof) shall not exceed the Commitments of the Lenders; and (ii) the aggregate principal amount of all Swingline Loans then outstanding shall not exceed the Swingline Commitment. Each Lender acknowledges that the aggregate principal amount of all outstanding Swingline Loans made by the Swingline Lender, when taken together with the aggregate principal amount of all outstanding Revolving Loans would made by the Swingline Lender, may exceed the Maximum Revolving Loan Balance Swingline Lender’s Commitment. Upon and (y) during the period commencing on continuance of a Default or an Event of Default, the first Business Day after it receives notice from Agent or Borrower shall no longer have the Required Revolving Lenders that one or more option of the conditions precedent contained in Section 2.2 are not satisfied requesting Swingline Loans and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required obligated to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waivedmake Swingline Loans. Each Swing No more than one (1) Swingline Loan shall may be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full made on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)same Business Day.

Availability. Subject to On the terms and subject to the conditions of contained in this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinAgreement, the Swingline Lender may, in its sole discretion, make Loans loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments Credit Facility from time to time on any Business Day during the period from the Closing Date through date hereof until the Final Availability Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Loans Credit Outstandings would exceed the Maximum Revolving Loan Balance Credit Commitments and (y) during in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Lenders that one or more of the conditions precedent contained in Section 2.2 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ia), amounts of Swing Loans repaid may be reborrowed under this clause (ia).

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, the Swingline Swing Lender may, in its sole discretion, shall make Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Effective Date through the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Swing Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Loans would exceed the Maximum Revolving Loan Balance and Balance, (y) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Loans and Swing Loans held by the Swing Lender (and if the Swing Lender is not also a Revolving Lender, by each of its Affiliates that is a Revolving Lender) would exceed the Revolving Loan Commitment of such Swing Lender (and such Affiliates, if any) or (z) during the period commencing on the first Business Day after it receives notice from Agent or the Required Revolving Lenders that one or more of the conditions precedent contained in Section 2.2 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Swing Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i).

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinAgreement, the Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Effective Date through through, but not including, the Final Availability Swingline Termination Date in an aggregate principal amount at any time outstanding that will not to exceed its result in (i) the sum of the total Swingline Exposures exceeding the Swingline Sublimit, (ii) the sum of the total Revolving Outstandings exceeding the total Commitments, (iii) any Lender’s Revolving Outstandings exceeding such Xxxxxx’s Commitment or (iv) in the case of the Swingline Lender (whether directly or through an Affiliate), the sum of such Xxxxxx’s Revolving Outstandings plus (without duplication) the outstanding principal amount of Swingline Loans made by the Swingline Lender exceeding such Swingline Lender’s Commitment; provided, however, that the Borrower shall not use the proceeds of any Swingline Lender may not make Loan to refinance any Swing outstanding Swingline Loan. Each Swingline Loan (x) to the extent that after giving effect to such Swing Loan, the shall be in an aggregate principal amount of all Revolving Loans would exceed $2,000,000 or any larger integral multiple of $500,000 (except that any such Borrowing may be in the Maximum Revolving Loan Balance and (y) during the period commencing on the first Business Day after it receives notice from Agent or the Required Revolving Lenders that one or more aggregate amount of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waivedunused Swingline Sublimit). In connection with Within the making of any Swing Loanforegoing limits, the Borrower may borrow, repay and reborrow Swingline Lender may but shall not be required to determine thatLoans, or take notice whether, the conditions precedent set forth in each case under this Section 2.2 have been satisfied or waived2.02. Each Swing Swingline Loan shall be a Base SOFR Market Index Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Termination DateLoan. Within the limits set forth in the first sentence of this clause (ib), amounts of Swing Loans repaid may be reborrowed under this clause (i).

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, the Swingline Lender may, in its sole discretion, make Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Loans would exceed the Maximum Revolving Loan Balance and (y) during the period commencing on the first Business Day after it receives notice from Agent Agent, the Required Lenders or the Required Revolving Lenders that one or more of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i).

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinAgreement, the Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through through, but not including, the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline CommitmentTermination Date; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving outstanding Swingline Loans would (after giving effect to any amount requested and the application of the proceeds thereof), shall not exceed the Maximum Revolving Loan Balance lesser of (i) the Working Capital Commitment less the sum of all outstanding Working Capital Loans and L/C Obligations, (ii) the Borrowing Base less the sum of all outstanding Working Capital Loans and L/C Obligations and (yiii) the Swingline Commitment. Each Lender acknowledges that the aggregate principal amount of all outstanding Swingline Loans made by the Swingline Lender, when taken together with the aggregate principal amount of all outstanding Working Capital Loans made by the Swingline Lender, may exceed the Swingline Lender’s Working Capital Commitment. Upon and during the period commencing on the first Business Day after it receives notice from Agent continuance of a Default or the Required Revolving Lenders that one or more an Event of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing LoanDefault, the Borrower shall no longer have the option of requesting Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)Loans.

Availability. (i) Subject to the terms and conditions of this Agreement Agreement, and in reliance upon the representations and warranties of the Credit Parties contained set forth herein, the Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through through, but not including, the Final Availability Date Termination Date, as requested by the Borrower in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitmentaccordance with the terms of Section 2.03(a)(ii); provided, however, that the Swingline Lender may not make any Swing Loan (xA) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all outstanding Extensions of Credit (after giving effect to any amount requested and the application of the proceeds thereof) shall not exceed the Commitments of the Lenders; and (B) the aggregate principal amount of all Swingline Loans then outstanding shall not exceed the Swingline Commitment. Each Lender acknowledges that the aggregate principal amount of all outstanding Swingline Loans made by the Swingline Lender, when taken together with the aggregate principal amount of all outstanding Revolving Loans would made by the Swingline Lender, may exceed the Maximum Revolving Loan Balance Swingline Lender’s Commitment. Upon and (y) during the period commencing on continuance of a Default or an Event of Default, the first Business Day after it receives notice from Agent or Borrower shall no longer have the Required Revolving Lenders that one or more option of the conditions precedent contained in Section 2.2 are not satisfied requesting Swingline Loans and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required obligated to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waivedmake Swingline Loans. Each Swing No more than one (1) Swingline Loan shall may be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full made on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)same Business Day.

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinAgreement, the Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Effective Date through through, but not including, the Final Availability Swingline Termination Date in an aggregate principal amount at any time outstanding that will not to exceed its result in (i) the sum of the total Swingline Exposures exceeding the Swingline Sublimit, (ii) the sum of the total Revolving Outstandings exceeding the total Commitments, (iii) any Lender’s Revolving Outstandings exceeding such Xxxxxx’s Commitment or (iv) in the case of the Swingline Lender (whether directly or through an Affiliate), the sum of such Xxxxxx’s Revolving Outstandings plus (without duplication) the outstanding principal amount of Swingline Loans made by the Swingline Lender exceeding such Swingline Lender’s Commitment; provided, however, that the Borrower shall not use the proceeds of any Swingline Lender may not make Loan to refinance any Swing outstanding Swingline Loan. Each Swingline Loan (x) to the extent that after giving effect to such Swing Loan, the shall be in an aggregate principal amount of all Revolving Loans would exceed $2,000,000 or any larger integral multiple of $500,000 (except that any such Borrowing may be in the Maximum Revolving Loan Balance and (y) during the period commencing on the first Business Day after it receives notice from Agent or the Required Revolving Lenders that one or more aggregate amount of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waivedunused Swingline Sublimit). In connection with Within the making of any Swing Loanforegoing limits, the Borrower may borrow, repay and reborrow Swingline Lender may but shall not be required to determine thatLoans, or take notice whether, the conditions precedent set forth in each case under this Section 2.2 have been satisfied or waived2.02. Each Swing Swingline Loan shall be a Base SOFR Market Index Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)Loan.

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinAgreement, the Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Funding Date through through, but not including, the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline CommitmentRevolving Credit Maturity Date; provided, however, that the Swingline Lender may not make any Swing Loan (xa) to the extent that after giving effect to such Swing Loanany amount requested, the Revolving Credit Outstandings shall not exceed the Revolving Credit Commitment of all Revolving Credit Lenders and (b) the aggregate principal amount of all Revolving outstanding Swingline Loans would (after giving effect to any amount requested), shall not exceed the Maximum Revolving Loan Balance and (y) during Swingline Commitment. Notwithstanding the period commencing on proviso in the first Business Day after it receives notice from Agent or the Required Revolving Lenders that one or more of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loansentence above, the Swingline Lender shall make such Swingline Loans notwithstanding the fact that such Swingline Loans, when aggregated with the Revolving Credit Commitment Percentage of the Revolving Credit Outstandings of the Lender acting as the Swingline Lender, may but shall not be required exceed such Lender’s Revolving Credit Commitment. Subject to determine that, or take notice whetherthe terms and conditions hereof, the conditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan Borrower may borrow, repay and must be repaid as provided herein, reborrow Swingline Loans hereunder through but in any event must be repaid in full on not including the Revolving Termination Credit Maturity Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i).

Availability. Subject to the terms and conditions of this Agreement and the other Loan Documents, and in reliance upon the representations and warranties of set forth in this Agreement and the Credit Parties contained hereinother Loan Documents, the each Swingline Lender may, severally agrees to make Swingline Loans in its sole discretion, make Loans (each a “Swing Loan”) available Dollars to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Effective Date through to, but not including, the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline CommitmentMaturity Date; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing any Swingline Loan, (a) the aggregate principal amount outstanding Swingline Loans of all Revolving Loans would the applicable Swingline Lender shall not exceed such Swingline Lender’s Swingline Commitment, (b) the Total Outstandings shall not exceed the Maximum Revolving Loan Balance Aggregate Commitments, and (yc) during the period commencing on the first Business Day after it receives notice from Agent or the Required Revolving Lenders that one or more of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making aggregate Outstanding Amount of any Swing Lender (including such Lender’s participations in Swingline Loans) shall not exceed such Lender’s Commitment. No Swingline Lender shall be obligated to make Swingline Loans if any Lender is at such time a Defaulting Lender hereunder unless such Swingline Lender is satisfied it will have no Fronting Exposure after giving effect to such Swingline Loan. Subject to the foregoing, the Borrower may borrow, repay (including by means of a Revolving Loan) and reborrow Swingline Lender Loans; provided, that Swingline Loans may but shall not be required to determine that, paid or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)with Swingline Loans.

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained set forth herein, the Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline CommitmentPeriod; provided, however, provided that the Swingline Lender may not make any Swing Loan (xi) to the extent that after giving effect to such Swing Loanany amount requested, the total Revolving Credit Exposures shall not exceed the Loan Limit and (ii) the aggregate principal amount of all Revolving outstanding Swingline Loans would (after giving effect to any amount requested), shall not exceed the Maximum Revolving Swingline Commitment; and provided further that no Swingline Loan Balance may be requested to refinance any outstanding Swingline Loan. Within the foregoing limits and (y) during subject to the period commencing on the first Business Day after it receives notice from Agent or the Required Revolving Lenders that one or more of the terms and conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loanset forth herein, the Borrower may borrow, repay and reborrow the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waivedLoans. Each Swing Swingline Loan shall be a Base LIBOR Market Index Rate Loan. Immediately upon the making of a Swingline Loan, each Lender with a Commitment shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender a risk participation in such Swingline Loan and must be repaid as provided herein, but in any event must be repaid in full on an amount equal to the Revolving Termination Date. Within product of such Lender’s Applicable Percentage times the limits set forth in the first sentence amount of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)such Swingline Loan.

Availability. (i) Subject to the terms and conditions of this Agreement Agreement, and in reliance upon the representations and warranties of the Credit Parties contained set forth herein, the Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through through, but not including, the Final Availability Date Termination Date, as requested by the Borrower in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitmentaccordance with the terms of Section 2.03(a)(ii); provided, however, that the Swingline Lender may not make any Swing Loan (xi) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all outstanding Extensions of Credit (after giving effect to any amount requested and the application of the proceeds thereof) shall not exceed the Commitments of the Lenders; and (ii) the aggregate principal amount of all Swingline Loans then outstanding shall not exceed the Swingline Commitment. Each Lender acknowledges that the aggregate principal amount of all outstanding Swingline Loans made by the Swingline Lender, when taken together with the aggregate principal amount of all outstanding Revolving Loans would made by the Swingline Lender, may exceed the Maximum Revolving Loan Balance Swingline Lender's Commitment. Upon and (y) during the period commencing on continuance of a Default or an Event of Default, the first Business Day after it receives notice from Agent or Borrower shall no longer have the Required Revolving Lenders that one or more option of the conditions precedent contained in Section 2.2 are not satisfied requesting Swingline Loans and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required obligated to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waivedmake Swingline Loans. Each Swing No more than one (1) Swingline Loan shall may be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full made on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)same Business Day.

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained set forth herein, the each Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline CommitmentPeriod; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent provided that after giving effect to such Swing Loanany amount requested, the total Revolving Credit Exposures shall not exceed the then effective Loan Limit, the aggregate principal amount of all Revolving outstanding Swingline Loans would (after giving effect to any amount requested), shall not exceed the Maximum Revolving Loan Balance lesser of (x) $30,000,000 and (y) during the period commencing on Loan Limit; and provided, further, that no Swingline Loan may be requested to refinance any outstanding Swingline Loan. Within the first Business Day after it receives notice from Agent or foregoing limits and subject to the Required Revolving Lenders that one or more of terms and conditions set forth herein, the conditions precedent contained in Section 2.2 are not satisfied Borrower may borrow, repay and ending when such conditions are satisfied or duly waivedreborrow the Swingline Loans. In connection with Each Swingline Loan shall be an ABR Loan. Immediately upon the making of any Swing a Swingline Loan, each Lender with a Commitment shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender may but shall Lenders a risk participation in such Swingline Loan in an amount equal to the product of such Lender’s Applicable Percentage times the amount of such Swingline Loan. The commitments of the Swingline Lenders to make Swingline Loans is part of, and not be required to determine that, or take notice whetherin addition to, the conditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)Commitments.

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained set forth herein, the Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline CommitmentPeriod; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent provided that after giving effect to such Swing Loanany amount requested, (i) the Aggregate New Money Credit Exposure shall not exceed the Aggregate Commitments of the Lenders, (ii) the aggregate principal amount of all Revolving outstanding Swingline Loans would (after giving effect to any amount requested), shall not exceed the Maximum Revolving Loan Balance Swingline Commitment, and (yiii) during the period commencing on New Money Credit Exposure of any Lender shall not exceed its Commitment; and provided further that no Swingline Loan may be requested to refinance any outstanding Swingline Loan. Within the first Business Day after it receives notice from Agent or foregoing limits and subject to the Required Revolving Lenders that one or more of terms and conditions set forth herein, the conditions precedent contained in Section 2.2 are not satisfied Borrower may borrow, repay and ending when such conditions are satisfied or duly waivedreborrow the Swingline Loans. In connection with Immediately upon the making of any Swing a Swingline Loan, each Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender may but shall a risk participation in such Swingline Loan in an amount equal to the product of such Lender’s Applicable Percentage times the amount of such Swingline Loan. The commitments of the Swingline Lender to make Swingline Loans is part of, and not be required to determine that, or take notice whetherin addition to, the conditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)Commitments.

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties so long as no Default or Event of the Credit Parties contained hereinDefault is known by Swingline Lender to exist, the Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments Borrowers, jointly and severally, from time to time on any Business Day during the period from the Initial Closing Date through to, but not including, the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline CommitmentTermination Date; provided, howeverPROVIDED, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested) at any time, shall not exceed the lesser of (i) the Total Commitment in effect at such time LESS the sum of (A) all outstanding Revolving Loans would exceed at such time, (B) the Maximum Revolving Loan Balance Letter of Credit Exposure at such time, and (yC) during all outstanding Bid Rate Loans at such time, (ii) the period commencing on the first Business Day after it receives notice from Agent or the Required Revolving Lenders that one or more of the conditions precedent contained in Section 2.2 are not satisfied Borrowing Base Availability and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, (iii) the Swingline Lender Commitment at such time. Swingline Loans hereunder may but be used in anticipation of borrowing Revolving Loans and for other short-term requirements and shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full accordance with the terms hereof. Each Swingline Loan must be for an amount equal to at least $1,000,000 and in an integral multiple of $100,000 and shall be evidenced by the Swingline Note. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan to the Borrower by 4:00 p.m. (Boston time) on the Revolving Termination DateBusiness Day of the requested borrowing, so long as the Swingline Loan has been requested by the Borrower no later than 1:00 p.m. (Boston time) on such Business Day. Within In no event shall the limits set forth in number of Swingline Loans outstanding at any time exceed three (3). All Swingline Loans shall bear interest at the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)Base Rate.

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinAgreement, the theeach Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the any Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through through, but not including, the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline CommitmentTermination Date; provided, howeverthat (i) all Swingline Loans shall be denominated in Dollars and, that the Swingline Lender may not make any Swing Loan (xii) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving outstanding Swingline Loans would (after giving effect to any amount requested and the use thereof), shall not exceed the Maximum lesser of (A) the Aggregate Revolving Loan Balance Commitment less the sum of all outstanding Revolving Credit Loans, Japanese Yen Loans and the L/C Obligations and (yB) during the period commencing on Swingline Commitmentaggregate Swingline Commitments of all Swingline Lenders and (iii) the first Business Day aggregate principal amount of all outstanding Swingline Loans (after it receives notice from Agent or giving effect to any amount requested and the Required Revolving Lenders that one or more of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making use thereof) of any Swing Loan, Swingline Lender shall not exceed the lesser of (A) the Swingline Commitment of such Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth then in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan effect and must be repaid as provided herein, but in any event must be repaid in full on (B) the Revolving Termination Date. Within the limits set forth in the first sentence Credit Commitment of this clause such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (i), amounts of Swing other than Swingline Loans repaid may be reborrowed under this clause (imade by such Swingline Lender).

Availability. Subject to the terms and conditions of this Agreement and the other Loan Documents, and in reliance upon the representations and warranties of set forth in this Agreement and the Credit Parties contained hereinother Loan Documents, the each Swingline Lender may, severally agrees to make Swingline Loans in its sole discretion, make Loans (each a “Swing Loan”) available Dollars to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Effective Date through to, but not including, the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline CommitmentMaturity Date; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing any Swingline Loan, (a) the aggregate principal amount outstanding Swingline Loans of all Revolving Loans would the applicable Swingline Lender shall not exceed such Swingline Lender’s Swingline Commitment, (b) the Total Outstandings shall not exceed the Maximum Revolving Loan Balance Aggregate Commitments, and (yc) during the period commencing on the first Business Day after it receives notice from Agent or the Required Revolving Lenders that one or more of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making aggregate Outstanding Amount of any Swing Lender (including such Xxxxxx’s participations in Swingline Loans) shall not exceed such Xxxxxx’s Commitment. No Swingline Lender shall be obligated to make Swingline Loans if any Lender is at such time a Defaulting Lender hereunder unless such Swingline Lender is satisfied it will have no Fronting Exposure after giving effect to such Swingline Loan. Subject to the foregoing, the Borrower may borrow, repay (including by means of a Revolving Loan) and reborrow Swingline Lender Loans; provided, that Swingline Loans may but shall not be required to determine that, paid or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)with Swingline Loans.

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinAgreement, the Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through but not including the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline CommitmentTermination Date; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving outstanding Swingline Loans would (after giving effect to any amount requested), shall not exceed the Maximum lesser of (i) the Aggregate Commitment less the sum of the aggregate principal amount of all outstanding Revolving Loan Balance Credit Loans (excluding any Revolving Credit Loans the proceeds of which will be used to repay Swingline Loans) and Absolute Rate Loans and the L/C Obligations and (yii) during the period commencing on Swingline Commitment. Each Lender acknowledges that the first Business Day after it receives notice from Agent or aggregate principal amount of all outstanding Swingline Loans made by the Required Swingline Lender, when taken together with the aggregate principal amount of all outstanding Revolving Lenders that one or more Credit Loans and Absolute Rate Loans made by such Lender and such Lender's Commitment Percentage of the conditions precedent contained in Section 2.2 are not satisfied and ending when L/C Obligations, may exceed such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)Lender's Commitment.

Availability. Subject Upon and subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinhereof, the Swingline Lender may, in its sole discretion, hereby agrees to make Swingline Loans (each a “Swing Loan”) available to the any Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from Availability Period; provided, that after giving effect thereto, (A) the Closing Date through the Final Availability Date in an aggregate principal amount at of outstanding Swingline Loans shall not exceed the lesser of (1) the Swingline Sublimit and (2) the Unutilized Commitment of the Swingline Lender, (B) the Credit Exposure of any time outstanding Lender shall not to exceed its Swingline CommitmentCommitment at such time, (C) the aggregate Credit Exposure shall not exceed the Aggregate Commitments at such time, and (D) the applicable conditions in Section 3.2 are met; provided, howeverfurther, that the Swingline Lender may not shall have no obligation to make Swingline Loans at any Swing Loan time a Lender is a Defaulting Lender hereunder, unless the Swingline Lender has entered into satisfactory arrangements with the Borrowers, the other Lenders, or such Defaulting Lender to eliminate the Swingline Lender’s risk with respect to such Defaulting Lender (x) to the extent that after giving effect to such Swing LoanSection 2.20(b)); provided, the aggregate principal amount of all Revolving Loans would exceed the Maximum Revolving Loan Balance and (y) during the period commencing on the first Business Day after it receives notice from Agent or the Required Revolving Lenders further, that one or more of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing make a Swingline Loan shall be a Base Rate Loan and must be repaid as provided herein, but in to refinance any event must be repaid in full on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)outstanding Swingline Loan.

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinAgreement, ------------ the Swingline Lender may, in its sole discretion, agrees to make Swingline Loans (each a “Swing Loan”) available to the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through through, but not including, the Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline CommitmentTermination Date; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving outstanding Swingline -------- Loans would (after giving effect to any amount requested and the application of the proceeds thereof), shall not exceed the Maximum Revolving Loan Balance lesser of (i) the Working Capital Commitment less the sum of all outstanding Working Capital Loans and L/C ---- Obligations, (ii) the Borrowing Base less the sum of all outstanding Working ---- Capital Loans and L/C Obligations and (yiii) the Swingline Commitment. Each Lender acknowledges that the aggregate principal amount of all outstanding Swingline Loans made by the Swingline Lender, when taken together with the aggregate principal amount of all outstanding Working Capital Loans made by the Swingline Lender, may exceed the Swingline Lender's Working Capital Commitment. Upon and during the period commencing on the first Business Day after it receives notice from Agent continuance of a Default or the Required Revolving Lenders that one or more an Event of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing LoanDefault, the Borrower shall no longer have the option of requesting Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing Loans repaid may be reborrowed under this clause (i)Loans.

Availability. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinhereof, the Swingline Lender may, in its sole discretion, agrees to make Loans (each a “Swing Loan”) portion of the credit otherwise available to the Borrower under the Revolving Loan Credit Commitments from time to time on any Business Day during the period from Revolving Credit Commitment Period by making swing line loans (“Swing Loans”) in Dollars to the Closing Date through Borrower; provided that (i) the Final Availability Date in an aggregate principal amount of Swing Loans outstanding at any time shall not exceed the Swingline Commitment then in effect (notwithstanding that the Swing Loans outstanding at any time, when aggregated with the Swingline Lender’s other outstanding Revolving Loans, may exceed the Swingline Commitment then in effect) and (ii) the Borrower shall not to exceed its Swingline Commitment; providedrequest, however, that and the Swingline Lender may shall not make make, any Swing Loan (x) to the extent that if, after giving effect to the making of such Swing Loan, the aggregate principal amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swingline Commitment by borrowing, repaying and reborrowing, all Revolving Loans would exceed the Maximum Revolving Loan Balance and (y) during the period commencing on the first Business Day after it receives notice from Agent or the Required Revolving Lenders that one or more of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection accordance with the making of any terms and conditions hereof. Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan Loans shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Termination Date. Within the limits set forth in the first sentence of this clause (i), amounts of Swing ABR Loans repaid may be reborrowed under this clause (i)only.