Common use of Making of Swing Loans Clause in Contracts

Making of Swing Loans. The Administrative Agent may elect in its sole discretion to make revolving loans (the “Swing Loans”) to any Borrower solely for the Administrative Agent’s own account, from time to time prior to the Facility Termination Date up to an aggregate principal amount at any one time outstanding not to exceed the amount permitted by Section 2.1(c). The Administrative Agent may make Swing Loans (subject to the conditions precedent set forth in Article IV), provided that the Administrative Agent has received a request in writing (or via telephone if permitted by the Administrative Agent) from an Authorized Officer of such Borrower for funding of a Swing Loan no later than such time required by the Administrative Agent, on the Business Day on which such Swing Loan is requested to be made in the case of Swing Loans denominated in U.S. Dollars, Euros or British Pounds Sterling or, if required by the Administrative Agent, one Business Day prior to the date such Swing Loan is requested to be made in the case of Swing Loans denominated in any other Agreed Currency. The Administrative Agent shall not make any Swing Loan in the period commencing one Business Day after the Administrative Agent shall have received written notice from any Lender that one or more of the conditions contained in Sections 4.1 or 4.2 are not then satisfied and ending upon the satisfaction or waiver of such condition(s). Each outstanding Swing Loan shall be payable on the Business Day following demand therefor, with interest at the rate agreed to between the Administrative Agent and such Borrower accrued thereon, shall be secured as part of the Obligations by the Collateral and shall otherwise be subject to all the terms and conditions applicable to Loans, except that all interest thereon shall be payable to the Administrative Agent solely for its own account.

Making of Swing Loans. The Administrative Agent may elect in its sole discretion to will make available revolving loans (the “"Swing Loans”") to any Borrower solely for the Administrative Agent’s 's own account, from time to time prior to the Facility Termination Date in Dollars or any Agreed Currency up to an aggregate principal amount Dollars Equivalent at any one time outstanding not to exceed the lesser of $25,000,000 or the unused amount permitted by Section 2.1(c)of the Aggregate Commitments; provided that the aggregate principal amount of Swing Loans denominated in Dollars may not exceed $10,000,000 at any time. The Administrative Agent may make Swing Loans (subject to the conditions precedent set forth in Article IV), provided that the Administrative Agent has received a request in writing (or via telephone if permitted by the Administrative Agent) from an Authorized Officer of such Borrower for funding of a Swing Loan no later than such time required by the Administrative Agent, on the Business Day on which such Swing Loan is requested to be made in the case of Swing Loans denominated in U.S. Dollars, Euros or British Pounds Sterling or, if required by the Administrative Agent, one Business Day prior to the date such Swing Loan is requested to be made in the case of Swing Loans denominated in any other Agreed Currencymade. The Administrative Agent shall not make any Swing Loan in the period commencing one Business Day after the Administrative Agent shall have received written notice from any Lender becomes aware that one or more of the conditions precedent contained in Sections 4.1 or Section 4.2 are not then satisfied and ending upon the satisfaction or waiver of such condition(s). Each outstanding Swing Loan shall be payable on the Business Day following demand therefor, with interest at the rate agreed to between the Administrative Agent and such Borrower accrued thereon, shall be secured as part of the Obligations by the Collateral thereon and shall otherwise be subject to all the terms and conditions applicable to Loans, except that all interest thereon shall be payable to the Administrative Agent solely for its own account.

Making of Swing Loans. The Administrative Agent may elect in its sole discretion to make revolving loans (the “"Swing Loans”") to any Borrower solely for the Administrative Agent’s 's own account, from time to time prior to the Facility Termination Date up to an aggregate principal amount at any one time outstanding not to exceed (i) in the case of Swing Loans to the Company, the lesser of $10,000,000 or the unused amount permitted by Section 2.1(c)of the Aggregate U.S. Revolving Credit Commitments, (ii) in the case of Swing Loans to the Danish Borrower, the lesser of DKK10,000,000 or the unused amount of the Aggregate Danish Revolving Credit Commitments, (iii) in the case of Swing Loans to a Euro Borrower, the lesser of EUR5,000,000 or the unused amount of the Aggregate Euro Revolving Credit Commitments and (iv) in the case of Swing Loans to the U.K. Borrower, the lesser of (pound)5,000,000 or the unused amount of the Aggregate U.K. Revolving Credit Commitments. The Administrative Agent may make Swing Loans (subject to the conditions precedent set forth in Article IV), provided that the Administrative Agent has received a request in writing (or via telephone if permitted by the Administrative Agent) from an Authorized Officer of such Borrower for funding of a Swing Loan no later than such time required by the Administrative Agent, on the Business Day on which such Swing Loan is requested to be made in the case of Swing Loans denominated in U.S. Dollars, Euros or British Pounds Sterling or, if required by the Administrative Agent, one Business Day prior to the date such Swing Loan is requested to be made in the case of Swing Loans denominated in any other Agreed Currencymade. The Administrative Agent shall not make any Swing Loan in the period commencing one Business Day after the Administrative Agent shall have received written notice from any Lender becomes aware that one or more of the conditions precedent contained in Sections 4.1 or Section 4.2 are not then satisfied and ending upon the satisfaction or waiver of such condition(s). Each outstanding Swing Loan shall be payable on the Business Day following demand therefor, with interest at the rate agreed to between the Administrative Agent and such Borrower accrued thereon, shall be secured as part of the Obligations by the Collateral and shall otherwise be subject to all the terms and conditions applicable to Loans, except that all interest thereon shall be payable to the Administrative Agent solely for its own account.

Making of Swing Loans. The Administrative Agent may elect in its sole discretion to make revolving loans (the “Swing Loans”"SWING LOANS") to any Borrower solely for the Administrative Agent’s 's own account, from time to time prior to the Facility Termination Date up to an aggregate principal amount at any one time outstanding not to exceed (i) in the case of Swing Loans to the Company, the lesser of $10,000,000 or the unused amount permitted by Section 2.1(c)of the Aggregate U.S. Revolving Credit Commitments, (ii) in the case of Swing Loans to the Danish Borrower, the lesser of DKK10,000,000 or the unused amount of the Aggregate Danish Revolving Credit Commitments, (iii) in the case of Swing Loans to a Euro Borrower, the lesser of EUR5,000,000 or the unused amount of the Aggregate Euro Revolving Credit Commitments, (iv) in the case of Swing Loans to the U.K. Borrower, the lesser of (pound)5,000,000 or the unused amount of the Aggregate U.K. Revolving Credit Commitments and (v) in the case of Swing Loans to the Canadian Borrower, the lesser of the Equivalent Amount of $5,000,000 or the unused amount of the Aggregate Canadian Revolving Credit Commitments,. The Administrative Agent may make Swing Loans (subject to the conditions precedent set forth in Article IV), provided PROVIDED that the Administrative Agent has received a request in writing (or via telephone if permitted by the Administrative Agent) from an Authorized Officer of such Borrower for funding of a Swing Loan no later than such time required by the Administrative Agent, on the Business Day on which such Swing Loan is requested to be made in the case of Swing Loans denominated in U.S. Dollars, Euros or British Pounds Sterling or, if required by the Administrative Agent, one Business Day prior to the date such Swing Loan is requested to be made in the case of Swing Loans denominated in any other Agreed Currencymade. The Administrative Agent shall not make any Swing Loan in the period commencing one Business Day after the Administrative Agent shall have received written notice from any Lender becomes aware that one or more of the conditions precedent contained in Sections 4.1 or Section 4.2 are not then satisfied and ending upon the satisfaction or waiver of such condition(s). Each outstanding Swing Loan shall be payable on the Business Day following demand therefor, with interest at the rate agreed to between the Administrative Agent and such Borrower accrued thereon, shall be secured as part of the Obligations by the Collateral and shall otherwise be subject to all the terms and conditions applicable to Loans, except that all interest thereon shall be payable to the Administrative Agent solely for its own account.

Making of Swing Loans. The Administrative Agent may elect in its sole discretion to make revolving loans (the “Swing Loans”) to any Borrower solely for the Administrative Agent’s own account, from time to time prior to the Facility Termination Date up to an aggregate principal amount at any one time outstanding not to exceed the amount permitted by Section 2.1(c2.1(b). The Administrative Agent may make Swing Loans (subject to the conditions precedent set forth in Article IV)Loans, provided that the Administrative Agent has received a request in writing (or via telephone if permitted by the Administrative Agent) from an Authorized Officer of such Borrower for funding of a Swing Loan no later than such time required by the Administrative Agent, on the Business Day on which such Swing Loan is requested to be made in the case of Swing Loans denominated in U.S. Dollars, Euros or British Pounds Sterling or, if required by the Administrative Agent, one Business Day prior to the date such Swing Loan is requested to be made in the case of Swing Loans denominated in any other Agreed Currency. The Administrative Agent shall not make any Swing Loan in the period commencing one Business Day after the Administrative Agent shall have received written notice from any Lender that one or more of the conditions contained in Sections 4.1 or 4.2 are not then satisfied and ending upon the satisfaction or waiver of such condition(s). Each outstanding Swing Loan shall be payable on the Business Day following demand therefor, with interest at the rate agreed to between the Administrative Agent and such Borrower accrued thereon, shall be secured as part of the Obligations by the Collateral and shall otherwise be subject to all the terms and conditions applicable to Loans, except that all interest thereon shall be payable to the Administrative Agent solely for its own account.

Making of Swing Loans. The Administrative Agent may elect in its sole discretion to make revolving loans (the “Swing Loans”"SWING LOANS") to any Borrower solely for the Administrative Agent’s 's own account, from time to time prior to the Facility Termination Date up to an aggregate principal amount at any one time outstanding not to exceed (i) in the case of Swing Loans to the Company or a Domestic Subsidiary Borrower, the lesser of $20,000,000 or the unused amount permitted by Section 2.1(c)of the Aggregate U.S. Revolving Credit Commitments and (ii) in the case of Swing Loans to a Foreign Subsidiary Borrower, the lesser of EUR10,000,000 or the unused amount of the Aggregate Euro Revolving Credit Commitments. The Administrative Agent may make Swing Loans (subject to the conditions precedent set forth in Article IV), provided PROVIDED that the Administrative Agent has received a request in writing (or via telephone if permitted by the Administrative Agent) from an Authorized Officer of such Borrower for funding of a Swing Loan no later than such time required by the Administrative Agent, on the Business Day on which such Swing Loan is requested to be made in the case of Swing Loans denominated in U.S. Dollars, Euros or British Pounds Sterling or, if required by the Administrative Agent, one Business Day prior to the date such Swing Loan is requested to be made in the case of Swing Loans denominated in any other Agreed Currencymade. The Administrative Agent shall not make any Swing Loan in the period commencing one Business Day after the Administrative Agent shall have received written notice from any Lender becomes aware that one or more of the conditions precedent contained in Sections 4.1 or Section 4.2 are not then satisfied and ending upon the satisfaction or waiver of such condition(s). Each outstanding Swing Loan shall be payable on the Business Day following demand therefor, with interest at the Floating Rate in the case of Swing Loans to the Company or a Domestic Subsidiary Borrower and such rate agreed to between the Administrative Agent and such Borrower in the case of Swing Loans to a Foreign Subsidiary Borrower accrued thereon, shall be secured as part of the Obligations by the Collateral and shall otherwise be subject to all the terms and conditions applicable to Loans, except that all interest thereon shall be payable to the Administrative Agent solely for its own account.

Making of Swing Loans. The Administrative Agent BAI may elect in its sole discretion to make revolving loans (the “Swing Loans”"SWING LOANS") to any the Borrower solely for the Administrative Agent’s own account, account of BAI from time to time on or after the Amendment Effective Time and prior to the Facility Termination Date up to an aggregate principal amount at any one time outstanding not to exceed $20,000,000; PROVIDED that BAI shall not make any Swing Loan which would cause the Total Outstandings to exceed the Total Commitment Amount. Each Swing Loan shall be in a principal amount permitted by Section 2.1(c)of $200,000 or a higher integral multiple of $100,000. The Administrative Agent BAI may make Swing Loans (subject to the conditions precedent set forth in Article IVSECTION 4.01, except SECTION 4.01.01 which shall be deemed satisfied by the terms of this sentence), provided ; PROVIDED that the Administrative Agent (x) BAI has received a request in writing (or via telephone if permitted by the Administrative Agent) from an Authorized Officer Employee of such the Borrower for funding of a Swing Loan no later than such time required by the Administrative Agent12 noon, Chicago time, on the Business Day on which such Swing Loan is requested to be made in the case of Swing Loans denominated in U.S. Dollars, Euros or British Pounds Sterling or, if required by and (y) BAI has promptly notified the Administrative Agent, one Business Day prior to Agent in writing or via telephone of such request from the date such Swing Loan is requested to be made in the case of Swing Loans denominated in any other Agreed CurrencyBorrower. The Administrative Agent BAI shall not make any Swing Loan in the period commencing one Business Day after the Administrative Agent shall have received written BAI receives notice from any Lender that one or more of the conditions precedent contained in Sections 4.1 or 4.2 are SECTION 4.01 is not then satisfied and ending upon the satisfaction or waiver of such condition(s). Each outstanding Swing Loan shall be payable on the Business Day following demand therefor, therefor in accordance with interest at the rate agreed to between the Administrative Agent and such Borrower accrued thereonSECTION 2.07(C), shall be secured as part of the Obligations by the Collateral and shall otherwise be subject to all the terms and conditions applicable to Revolving Loans, except that all interest thereon shall be payable to the Administrative Agent solely for its own accountthe account of BAI.

Making of Swing Loans. The Administrative Agent may elect in its sole discretion to make revolving loans (the “"Swing Loans”") to any Borrower solely for the Administrative Agent’s 's own account, from time to time prior to the Facility Termination Date up to an aggregate principal amount at any one time outstanding not to exceed the amount permitted by Section 2.1(c). The Administrative Agent may make Swing Loans (subject to the conditions precedent set forth in Article IV), provided that the Administrative Agent has received a request in writing (or via telephone if permitted by the Administrative Agent) from an Authorized Officer of such Borrower for funding of a Swing Loan no later than such time required by the Administrative Agent, on the Business Day on which such Swing Loan is requested to be made in the case of Swing Loans denominated in IN THE CASE OF SWING LOANS DENOMINATED IN U.S. DollarsDOLLARS, Euros or British Pounds Sterling orEUROS OR BRITISH POUNDS STERLING OR ON OR, if required by the Administrative AgentIF REQUIRED BY THE AGENT, one Business Day prior to the date such Swing Loan is requested to be made in the case of Swing Loans denominated in any other Agreed CurrencyONE BUSINESS DAY PRIOR TO THE DATE SUCH SWING LOAN IS REQUESTED TO BE MADE IN THE CASE OF SWING LOANS DENOMINATED IN ANY OTHER AGREED CURRENCY. The Administrative Agent shall not make any Swing Loan in the period commencing one Business Day after the Administrative Agent shall have received written notice from any Lender that one or more of the conditions contained in Sections 4.1 or 4.2 are not then satisfied and ending upon the satisfaction or waiver of such condition(s). Each outstanding Swing Loan shall be payable on the Business Day following demand therefor, with interest at the rate agreed to between the Administrative Agent and such Borrower accrued thereon, shall be secured as part of the Obligations by the Collateral and shall otherwise be subject to all the terms and conditions applicable to Loans, except that all interest thereon shall be payable to the Administrative Agent solely for its own account.