Common use of BORROWINGS OF SWING LINE LOANS Clause in Contracts

BORROWINGS OF SWING LINE LOANS. (a) Borrowers may irrevocably request a Borrowing of Swing Line Loans in a Minimum Amount therefor by delivering a Request for Extension of Credit therefor by Requisite Notice to Administrative Agent and Swing Line Lender not later than the Requisite Time therefor. All Borrowings of Swing Line Loans shall constitute Base Rate Loans. (b) Upon satisfaction of the applicable conditions set forth in SECTION 4, Swing Line Lender shall make the funds for the Swing Line Loan available to Borrowers not later than the Requisite Time therefor by deposit in such of Borrowers' accounts with Swing Line Lender in Los Angeles, California, as Borrowers designate in writing, on the Business Day specified in such Request for Extension of Credit. (c) If necessary to meet Borrowers' funding deadlines, Administrative Agent may treat any Request for Extension of Credit as a request for a Swing Line Loan from Borrowers and Swing Line Lender may fund it as a Swing Line Loan. Within two (2) Business Days after each Swing Line Loan is funded, Swing Line Lender and Administrative Agent shall request that each Lender, and each Lender shall, at the Requisite Time after such request is made, prepay one or more Swing Line Loans in an amount equal to such Lender's Pro Rata Share of such Swing Line Loans by funding under such Lender's Commitment, such purchase to be made in accordance with the terms of SECTION 2.01 of this Agreement just as if such Lender were funding a Base Rate Loan directly to Borrowers under its Commitment (such that all Lenders other than Swing Line Lender shall fund only under their respective Commitments). Unless Administrative Agent had actual knowledge when Swing Line Lender funded a Swing Line Loan that Borrowers have not satisfied the conditions in this Agreement to obtain a borrowing, each Lender's obligation to prepay the Swing Line Loans shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation (i) any set-off, counterclaim, recoupment, defense, or other right which such Lender or any other Person may have against Swing Line Lender or any other Person for any reason whatsoever, (ii) the occurrence or continuance of a Default or Event of Default or the termination of any Lender's Commitment, (iii) the occurrence of any Material Adverse Effect, (iv) any breach of this Agreement or any other Loan Document by Borrowers, any Borrower Party, Administrative Agent, or any other Lender, or (v) any other circumstance, happening, or event whatsoever, whether or not similar to any of the foregoing. Any portion of a Swing Line Loan not so prepaid may be treated by Swing Line Lender as a Loan which was not funded by the non-purchasing Lenders as contemplated in SECTION 2.11(d) of this Agreement, and as a funding by Swing Line Lender under the Combined Commitments in excess of Swing Line Lender's Commitment. Each Swing Line Loan, once so prepaid, shall cease to be a Swing Line Loan for the purposes of this Agreement, but shall be deemed a borrowing made under the Combined Commitments and each Lender's Commitment; PROVIDED, HOWEVER, that so long as Bank of America is both Administrative Agent and Swing Line Lender, no Lender shall be obligated to prepay any Swing Line Loan for which Borrowers have not satisfied the applicable conditions precedent set forth in SECTION 4 hereof.

BORROWINGS OF SWING LINE LOANS. (a) Borrowers may irrevocably request a Borrowing of Swing Line Loans in a Minimum Amount therefor by delivering a Request for Extension of Credit therefor by Requisite Notice to Administrative Agent and Swing Line Lender not later than the Requisite Time therefor. All Borrowings of Swing Line Loans shall constitute Base Rate Loans. (b) Upon satisfaction of the applicable conditions set forth in SECTION Section 4, Swing Line Lender shall make the funds for the Swing Line Loan available to Borrowers not later than the Requisite Time therefor by deposit in such of Borrowers' accounts with Swing Line Lender in Los Angeles, California, as Borrowers designate in writing, on the Business Day specified in such Request for Extension of Credit. (c) If necessary to meet Borrowers' funding deadlines, Administrative Agent may treat any Request for Extension of Credit as a request for a Swing Line Loan from Borrowers and Swing Line Lender may fund it as a Swing Line Loan. Within two (2) Business Days after each Swing Line Loan is funded, Swing Line Lender and Administrative Agent shall request that each Lender, and each Lender shall, at on the Requisite Time first (1st) Business Day after such request is made, prepay one or more Swing Line Loans in an amount equal to such Lender's Pro Rata Share of such Swing Line Loans by funding under such Lender's Commitment, such purchase to be made in accordance with the terms of SECTION Section 2.01 of this Agreement just as if such Lender were funding a Base Rate Loan directly to Borrowers under its Commitment (such that all Lenders other than Swing Line Lender shall fund only under their respective Commitments). Unless Administrative Agent had actual knowledge when Swing Line Lender funded a Swing Line Loan that Borrowers have not satisfied the conditions in this Agreement to obtain a borrowing, each Lender's obligation to prepay the Swing Line Loans shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation (i) any set-off, counterclaim, recoupment, defense, or other right which such Lender or any other Person may have against Swing Line Lender or any other Person for any reason whatsoever, (ii) the occurrence or continuance of a Default or Event of Default or the termination of any Lender's Commitment, (iii) the occurrence of any Material Adverse Effect, (iv) any breach of this Agreement or any other Loan Document by Borrowers, any Borrower Party, Administrative Agent, or any other Lender, or (v) any other circumstance, happening, or event whatsoever, whether or not similar to any of the foregoing. Any portion of a Swing Line Loan not so prepaid may be treated by Swing Line Lender as a Loan which was not funded by the non-purchasing Lenders as contemplated in SECTION Section 2.11(d) of this Agreement, and as a funding by Swing Line Lender under the Combined Commitments in excess of Swing Line Lender's Commitment. Each Swing Line Loan, once so prepaid, shall cease to be a Swing Line Loan for the purposes of this Agreement, but shall be deemed a borrowing made under the Combined Commitments and each Lender's Commitment; PROVIDEDprovided, HOWEVERhowever, that so long as Bank of America is both Administrative Agent and Swing Line Lender, no Lender shall be obligated to prepay any Swing Line Loan for which Borrowers have not satisfied the applicable conditions precedent set forth in SECTION Section 4 hereof.

BORROWINGS OF SWING LINE LOANS. (a) Borrowers Borrower may irrevocably request a Borrowing of Swing Line Loans in a Minimum Amount therefor by delivering a Request for Extension of Credit therefor by Requisite Notice to Administrative Agent and Swing Line Lender not later than the Requisite Time therefor. All Borrowings of Swing Line Loans shall constitute Base Rate Loans. (b) Upon satisfaction of the applicable conditions set forth in SECTION Section 4, Swing Line Lender shall make the funds for the Swing Line Loan available to Borrowers Borrower not later than the Requisite Time therefor by deposit in such of Borrowers' Borrower's accounts with Swing Line Lender in Los Angeles, California, as Borrowers designate Borrower designates in writing, on the Business Day specified in such Request for Extension of Credit. (c) If necessary to meet Borrowers' Borrower's funding deadlines, Administrative Agent may treat any Request for Extension of Credit as a request for a Swing Line Loan from Borrowers Borrower and Swing Line Lender may fund it as a Swing Line Loan. Within two (2) Business Days after each Swing Line Loan is funded, Swing Line Lender and Administrative Agent shall request that each Lender, and each Lender shall, at on the Requisite Time first (1st) Business Day after such request is made, prepay one or more Swing Line Loans in an amount equal to such Lender's Pro Rata Share of such Swing Line Loans by funding under such Lender's Commitment, such purchase to be made in accordance with the terms of SECTION Section 2.01 of this Agreement just as if such Lender were funding a Base Rate Loan directly to Borrowers Borrower under its Commitment (such that all Lenders other than Swing Line Lender shall fund only under their respective Commitments). Unless Administrative Agent had actual knowledge when Swing Line Lender funded a Swing Line Loan that Borrowers have Borrower had not satisfied the conditions in this Agreement to obtain a borrowing, each Lender's obligation to prepay the Swing Line Loans shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation (i) any set-off, counterclaim, recoupment, defense, or other right which such Lender or any other Person may have against Swing Line Lender or any other Person for any reason whatsoever, (ii) the occurrence or continuance of a Default or Event of Default or the termination of any Lender's Commitment, (iii) the occurrence of any Material Adverse Effect, (iv) any breach of this Agreement or any other Loan Document by BorrowersBorrower, any Borrower Party, Administrative Agent, or any other Lender, or (v) any other circumstance, happening, or event whatsoever, whether or not similar to any of the foregoing. Any portion of a Swing Line Loan not so prepaid may be treated by Swing Line Lender as a Loan which was not funded by the non-purchasing Lenders as contemplated in SECTION Section 2.11(d) of this Agreement, and as a funding by Swing Line Lender under the Combined Commitments in excess of Swing Line Lender's Commitment. Each Swing Line Loan, once so prepaid, shall cease to be a Swing Line Loan for the purposes of this Agreement, but shall be deemed a borrowing made under the Combined Commitments and each Lender's Commitment; PROVIDEDprovided, HOWEVERhowever, that so long as Bank of America is both Administrative Agent and Swing Line Lender, no Lender shall be obligated to prepay any Swing Line Loan for which Borrowers have Borrower has not satisfied the applicable conditions precedent set forth in SECTION Section 4 hereof.

BORROWINGS OF SWING LINE LOANS. (a) Borrowers may irrevocably request a Borrowing of Swing Line Loans in a Minimum Amount therefor by delivering a Request for Extension of Credit therefor by Requisite Notice to Administrative Agent and Swing Line Lender not later than the Requisite Time therefor. All Borrowings of Swing Line Loans shall constitute Base Rate Loans. (b) Upon satisfaction of the applicable conditions set forth in SECTION Section 4, Swing Line Lender shall make the funds for the Swing Line Loan available to Borrowers not later than the Requisite Time therefor by deposit in such of Borrowers' accounts with Swing Line Lender in Los Angeles, California, as Borrowers designate in writing, on the Business Day specified in such Request for Extension of Credit. (c) If necessary to meet Borrowers' funding deadlines, Administrative Agent may treat any Request for Extension of Credit as a request for a Swing Line Loan from Borrowers and Swing Line Lender may fund it as a Swing Line Loan. Within two (2) Business Days after each Swing Line Loan is funded, Swing Line Lender and Administrative Agent shall request that each Lender, and each Lender shall, at on the Requisite Time first (1st) Business Day after such request is made, prepay one or more Swing Line Loans in an amount equal to such Lender's Pro Rata Share of such Swing Line Loans by funding under such Lender's Commitment, such purchase to be made in accordance with the terms of SECTION Section 2.01 of this Agreement just as if such Lender were funding a Base Rate Loan directly to Borrowers under its Commitment (such that all Lenders other than Swing Line Lender shall fund only under their respective Commitments). Unless Administrative Agent had actual knowledge when Swing Line Lender funded a Swing Line Loan that Borrowers have not satisfied the conditions in this Agreement to obtain a borrowing, each Lender's obligation to prepay the Swing Line Loans shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation (i) any set-off, counterclaim, recoupment, defense, or other right which such Lender or any other Person may have against Swing Line Lender or any other Person for any reason whatsoever, (ii) the occurrence or continuance of a Default or Event of Default or the termination of any Lender's Commitment, (iii) the occurrence of any Material Adverse Effect, (iv) any breach of this Agreement or any other Loan Document by Borrowers, any Borrower Party, Administrative Agent, or any other Lender, or (v) any other circumstance, happening, or event whatsoever, whether or not similar to any of the foregoing. Any portion of a Swing Line Loan not so prepaid may be treated by Swing Line Lender as a Loan which was not funded by the non-purchasing Lenders as contemplated in SECTION Section 2.11(d) of this Agreement, and as a funding by Swing Line 39 Lender under the Combined Commitments in excess of Swing Line Lender's Commitment. Each Swing Line Loan, once so prepaid, shall cease to be a Swing Line Loan for the purposes of this Agreement, but shall be deemed a borrowing made under the Combined Commitments and each Lender's Commitment; PROVIDEDprovided, HOWEVERhowever, that so long as Bank of America is both Administrative Agent and Swing Line Lender, no Lender shall be obligated to prepay any Swing Line Loan for which Borrowers have not satisfied the applicable conditions precedent set forth in SECTION Section 4 hereof.

BORROWINGS OF SWING LINE LOANS. (a) Borrowers Borrower may irrevocably request a Borrowing of Swing Line Loans in a Minimum Amount therefor by delivering a Request for Extension of Credit therefor by Requisite Notice to Administrative Agent and Swing Line Lender not later than the Requisite Time therefor. All Borrowings of Swing Line Loans shall constitute Base Rate Loans. (b) Upon satisfaction of the applicable conditions set forth in SECTION Section 4, Swing Line Lender shall make the funds for the Swing Line Loan available to Borrowers Borrower not later than the Requisite Time therefor by deposit in such of Borrowers' Borrower's accounts with Swing Line Lender in Los Angeles, 42 49 California, as Borrowers designate Borrower designates in writing, on the Business Day specified in such Request for Extension of Credit. (c) If necessary to meet Borrowers' Borrower's funding deadlines, Administrative Agent may treat any Request for Extension of Credit as a request for a Swing Line Loan from Borrowers Borrower and Swing Line Lender may fund it as a Swing Line Loan. Within two (2) Business Days after each Swing Line Loan is funded, Swing Line Lender and Administrative Agent shall request that each Lender, and each Lender shall, at on the Requisite Time first (1st) Business Day after such request is made, prepay one or more Swing Line Loans in an amount equal to such Lender's Pro Rata Share of such Swing Line Loans by funding under such Lender's Commitment, such purchase to be made in accordance with the terms of SECTION Section 2.01 of this Agreement just as if such Lender were funding a Base Rate Loan directly to Borrowers Borrower under its Commitment (such that all Lenders other than Swing Line Lender shall fund only under their respective Commitments). Unless Administrative Agent had actual knowledge when Swing Line Lender funded a Swing Line Loan that Borrowers have Borrower had not satisfied the conditions in this Agreement to obtain a borrowing, each Lender's obligation to prepay the Swing Line Loans shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation (i) any set-off, counterclaim, recoupment, defense, or other right which such Lender or any other Person may have against Swing Line Lender or any other Person for any reason whatsoever, (ii) the occurrence or continuance of a Default or Event of Default or the termination of any Lender's Commitment, (iii) the occurrence of any Material Adverse Effect, (iv) any breach of this Agreement or any other Loan Document by BorrowersBorrower, any Borrower Party, Administrative Agent, or any other Lender, or (v) any other circumstance, happening, or event whatsoever, whether or not similar to any of the foregoing. Any portion of a Swing Line Loan not so prepaid may be treated by Swing Line Lender as a Loan which was not funded by the non-purchasing Lenders as contemplated in SECTION Section 2.11(d) of this Agreement, and as a funding by Swing Line Lender under the Combined Commitments in excess of Swing Line Lender's Commitment. Each Swing Line Loan, once so prepaid, shall cease to be a Swing Line Loan for the purposes of this Agreement, but shall be deemed a borrowing made under the Combined Commitments and each Lender's Commitment; PROVIDEDprovided, HOWEVERhowever, that so long as Bank of America is both Administrative Agent and Swing Line Lender, no Lender shall be obligated to prepay any Swing Line Loan for which Borrowers have Borrower has not satisfied the applicable conditions precedent set forth in SECTION Section 4 hereof.