Canadian Swingline Loans. In the case of a request for a Canadian Advance and so long as either (i) the aggregate amount of Canadian Swingline Loans made since the last Settlement Date, minus all payments or other amounts applied to Canadian Swingline Loans since the last Settlement Date, plus the amount of the requested Canadian Swingline Loan does not exceed $10,000,000 (as such amount may be adjusted from time to time pursuant to Section 1.4, the “Canadian Swingline Sublimit”) or (ii) the Swingline Lender, in its sole discretion, agrees to make a Canadian Swingline Loan notwithstanding the foregoing limitation, the Swingline Lender shall make a Canadian Advance in the amount of the requested Canadian Advance (any such Canadian Advance made by the Swingline Lender pursuant to this Section 2.2(b) being referred to as a “Canadian Swingline Loan” and all such Canadian Advances being referred to as “Canadian Swingline Loans”) available to the Canadian Borrowers on the Funding Date applicable thereto by transferring immediately available funds in the amount of such requested Canadian Advance to the Canadian Designated Account. Anything contained herein to the contrary notwithstanding, the Swingline Lender may, but shall not be obligated to, make Swingline Loans at any time that one or more of the Canadian Revolving Lenders is a Defaulting Canadian Lender. Each Canadian Swingline Loan shall be deemed to be a Canadian Advance hereunder and shall be subject to all the terms and conditions (including Section 4) applicable to other Canadian Advances, except that all payments (including interest) on any Canadian Swingline Loan shall be payable to the Swingline Lender solely for its own account. Subject to the provisions of Section 2.3(e)(ii), the Swingline Lender shall not make and shall not be obligated to make any Canadian Swingline Loan if the Swingline Lender has actual knowledge that (i) one or more of the applicable conditions precedent set forth in Section 4 will not be satisfied on the requested Funding Date for the applicable Canadian Swingline Loan, or (ii) the requested Canadian Swingline Loan would exceed the Canadian Availability on such Funding Date. The Swingline Lender shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section 4 have been satisfied on the Funding Date applicable thereto prior to making any Canadian Swingline Loan. The Canadian Swingline Loans shall be secured by Liens in the Canadian Collateral granted in fa...
Canadian Swingline Loans. (a) The Swingline Lender agrees to make a portion of the credit otherwise available to the Canadian Borrower under the Canadian Commitments from time to time during the Commitment Period by making swing line loans (“Canadian Swingline Loans”) to the Canadian Borrower in an aggregate principal amount at any one time outstanding up to but not exceeding the amount of the Canadian Swingline Commitment (notwithstanding that the Canadian Swingline Loans outstanding at any time, when aggregated with the Canadian Swingline Lender’s other outstanding Revolving Loans, may exceed the Canadian Swingline Commitment then in effect), provided that in no event shall the aggregate outstanding principal amount of all C$ Loans and Canadian Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities under the Canadian Commitments outstanding, exceed the aggregate amount of the Canadian Commitments as in effect from time to time. During the Commitment Period, the Canadian Borrower may use the Canadian Swingline Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Canadian Swingline Loans shall be either Eurocurrency Loans, Canadian Prime Rate Loans or Agreed Rate Loans and the Interest Period with respect to such Eurocurrency Loans, Canadian Prime Rate Loans or Agreed Rate Loans shall be as agreed upon by the Canadian Swingline Lender. For purposes of calculating the commitment fee payable in respect of the Canadian Commitments under Section 2.03 of the Credit Agreement, the Canadian Swingline Loans shall not be treated as usage of the Canadian Commitments. Canadian Swingline Loans shall be denominated only in Canadian Dollars.
Canadian Swingline Loans. To request a Swingline Loan, Administrative Borrower shall deliver, by hand delivery or telecopier, a duly completed and executed Borrowing Request to the Canadian Administrative Agent and the Canadian Swingline Lender, not later than 2:00 p.m., New York City time, on the day of a proposed Canadian Swingline Loan. Each such notice shall be irrevocable and shall specify the requested date (which shall be a Business Day) and the amount of the requested Canadian Swingline Loan. Each Canadian Swingline Loan shall be a Canadian Prime Rate Loan. The Canadian Swingline Lender shall make each Canadian Swingline Loan available to Canadian Borrower by means of a credit to the general deposit account of Canadian Borrower with the Canadian Swingline Lender by 3:00 p.m., New York City time, on the requested date of such Canadian Swingline Loan. Canadian Borrower shall not request a Canadian Swingline Loan if at the time of or immediately after giving effect to the extension of credit contemplated by such request a Default has occurred and is continuing or would result therefrom. Canadian Swingline Loans shall be made in minimum amounts of Can$1.0 million and integral multiples of Can$500,000 above such amount.
Canadian Swingline Loans. To fulfill any request for a Canadian Base Rate Loan or a Canadian Prime Rate Loan hereunder, Canadian Swingline Lender may in its discretion, advance Canadian Swingline Loans to Canadian Borrower, up to an aggregate outstanding amount of $1,000,000. Canadian Swingline Loans shall constitute Canadian Revolver Loans for all purposes, except that payments thereon shall be made to Canadian Swingline Lender for its own account until the Canadian Lenders have funded their participations therein as provided below.
Canadian Swingline Loans. The Canadian Swingline Lender's Canadian Swingline Exposure shall not exceed at any one time the amount set forth opposite the Canadian Swingline Lender's name on Annex I under the caption "Canadian Swingline Loan Commitment" (as the same may be adjusted pursuant to Section 2.10(b)) (the "CANADIAN SWINGLINE COMMITMENT"); provided, however, the Aggregate Canadian Revolving Credit Exposure at any one time outstanding shall not exceed the Canadian Maximum Available Amount in effect at such time. Within the foregoing limits set forth herein, the Canadian Borrowers may obtain Borrowings of Canadian Swingline Loans, repay or prepay such Canadian Swingline Loans, and reborrow such Canadian Swingline Loans.
Canadian Swingline Loans. (i) The Canadian Swingline Lender is authorized by the Canadian Lenders and shall, subject to the provisions of this Section, make Canadian Swingline Loans up to the Canadian Swingline Sublimit in the aggregate outstanding at any time consisting of Canadian Prime Rate Loans or U.S. Index Rate Loans, upon a Notice of Borrowing (which may be sent electronically) received by the Agent and the Canadian Swingline Lender (which Notice of Borrowing, at the Canadian Swingline Lender’s discretion, may be submitted prior to 1:00 p.m., Local Time, on the Business Day on which such Canadian Swingline Loan is requested) provided further that the Canadian Swingline Lender shall not be obligated to make any Canadian Swingline Loan at any time when any Canadian Lender is at such time a Defaulting Lender hereunder, unless the Canadian Swingline Lender has entered into satisfactory arrangements with the Borrowers or such Canadian Lender to eliminate the Swingline Lender’s Fronting Exposure. Canadian Swingline Loans shall be subject to periodic settlement with the Canadian Lenders under Section 2.7 below; provided, however, that during the months of November and December of each calendar year the Agent shall settle Canadian Swingline Loans at such times as it shall determine, in its discretion. DB1/ 126870242.8
Canadian Swingline Loans. Canadian Swingline Loans shall be denominated in Canadian Dollars and shall bear interest at the Canadian Base Rate plus the Applicable Percentage for Canadian Base Rate Loans.
Canadian Swingline Loans. All Canadian Swingline Loans shall be due and payable on the last Business Day of the month in which such Canadian Swingline Loans are borrowed or on such earlier or later date as may be determined from time to time by Canadian Swingline Lender; provided, however, in the event such Canadian Swingline Loans are borrowed on the last Business Day of any month, such Canadian Swingline Loans shall mature on the first Business Day of the next succeeding month or on such earlier or later date as may be determined from time to time by Canadian Swingline Lender; provided, further, that the principal amount of all outstanding Canadian Swingline Loans shall be payable on or before the Maturity Date.
Canadian Swingline Loans. All Canadian Swingline Loans shall mature on the last Business Day of the month in which such Canadian Swingline Loans are borrowed; provided, however, in the event such Canadian Swingline Loans are borrowed on the last Business Day of any month, such Canadian Swingline Loans shall mature on the first Business Day of the next succeeding month; provided, further, that the principal amount of all outstanding Canadian Swingline Loans shall be payable on or before the Maturity Date.
Canadian Swingline Loans. The Canadian Swingline Lender hereby agrees, on the terms and subject to the conditions set forth herein and in the other Credit Documents, to make loans to the Canadian Borrower, in Canadian Dollars, at any time and from time to time during the period from and including the Effective Date to but not including the Maturity Date (each such loan, a "Canadian Swingline Loan" and collectively, the "Canadian Swingline Loans"); provided that (i) the aggregate principal amount of the Canadian Swingline Loans outstanding at any one time shall not exceed the Canadian Swingline Committed Amount and (ii) the aggregate amount of Canadian Swingline Loans outstanding plus the aggregate amount of Canadian Revolving Loans outstanding plus the aggregate amount of Canadian LOC Obligations outstanding plus the Face Amount of Bankers' Acceptances outstanding shall not exceed the Canadian Revolving Committed Amount. Prior to the Maturity Date, Canadian Swingline Loans may be repaid and reborrowed by the Canadian Borrower in accordance with the provisions hereof.
