Common use of Making of US Swing Loans Clause in Contracts

Making of US Swing Loans. In the case of a request for a U.S. Revolving Loan and so long as either (i) the aggregate amount of U.S. Swing Loans made since the last Settlement Date, minus all payments or other amounts applied to U.S. Swing Loans since the last Settlement Date, plus the amount of the requested U.S. Swing Loan does not exceed $100,000,000, or (ii) U.S. Swing Lender, in its sole discretion, agrees to make a U.S. Swing Loan notwithstanding the foregoing limitation, U.S. Swing Lender shall make a U.S. Revolving Loan (any such U.S. Revolving Loan made by U.S. Swing Lender pursuant to this Section 2.3(c) being referred to as a “U.S. Swing Loan” and all such U.S. Revolving Loans being referred to as “U.S. Swing Loans”) available to U.S. Borrowers on the Funding Date applicable thereto by transferring immediately available funds in the amount of such requested Borrowing to the U.S. Designated Account. Each U.S. Swing Loan shall be deemed to be a U.S. Revolving Loan hereunder and shall be subject to all the terms and conditions (including Section 3) applicable to other U.S. Revolving Loans, except that all payments (including interest) on any U.S. Swing Loan shall be payable to U.S. Swing Lender solely for its own account. Subject to the provisions of Section 2.3(f)(iii), U.S. Swing Lender shall not make and shall not be obligated to make any U.S. Swing Loan if U.S. Swing Lender has actual knowledge that (i) one or more of the applicable conditions precedent set forth in Section 3 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the U.S. Excess Availability on such Funding Date. U.S. Swing Lender shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section 3 have been satisfied on the Funding Date applicable thereto prior to making any U.S. Swing Loan. The U.S. Swing Loans shall be secured by Liens granted under the Loan Documents (other than the Australian Security Documents), constitute U.S. Revolving Loans and U.S. Obligations, and bear interest at the rate applicable from time to time to U.S. Revolving Loans that are Base Rate Loans.

Making of US Swing Loans. In Subject to the case terms and conditions of a request for a U.S. Revolving Loan and this Agreement, so long as either (i) the aggregate amount of U.S. Swing Loans made since the last Settlement Date, minus all payments or other amounts applied to U.S. Swing Loans since the last Settlement Date, plus the amount of the requested U.S. Swing Loan does not exceed $100,000,000200,000,000190,000,000, or (ii) U.S. the Swing Lender, in its sole discretion, agrees to make a U.S. Swing Loan notwithstanding the foregoing limitation, U.S. the Swing Lender shall make a U.S. Revolving Loan (any such U.S. Revolving Loan made by U.S. the Swing Lender pursuant to this Section 2.3(c) being referred to as a “U.S. Swing Loan” and all such U.S. Revolving Loans being referred to as “U.S. Swing Loans”) in Dollars available to the U.S. Borrowers on the Funding Date applicable thereto by transferring immediately available funds in the amount of such requested Borrowing to the Designated U.S. Designated Account. Each U.S. Swing Loan shall be deemed to be a U.S. Revolving Loan hereunder and shall be subject to all the terms and conditions (including Section 3) applicable to other U.S. Revolving Loans, except that all payments (including interest) on any U.S. Swing Loan shall be payable to U.S. the Swing Lender solely for its own account. Subject to the provisions of Section 2.3(f)(iii), U.S. the Swing Lender shall not make and shall not be obligated to make any U.S. Swing Loan if U.S. the Swing Lender has actual knowledge that (iA) one or more of the applicable conditions precedent set forth in Section 3 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (iiB) the requested Borrowing would exceed the U.S. Excess Availability on such Funding Date. U.S. The Swing Lender shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section 3 have been satisfied on the Funding Date applicable thereto prior to making any U.S. Swing Loan. The U.S. Swing Loans shall be secured by Liens granted under the Loan Documents (other than the Australian Security LoanU.S. Collateral Documents), constitute U.S. Revolving Loans and U.S. Obligations, and bear interest at the rate applicable from time to time to U.S. Revolving Loans that are Base Rate Loans.

Making of US Swing Loans. In Subject to the case of a request for a U.S. Revolving Loan terms and so long as either (i) the aggregate amount of U.S. conditions contained herein, Swing Loans made since the last Settlement Date, minus all payments or other amounts applied to U.S. Swing Loans since the last Settlement Date, plus the amount of the requested U.S. Swing Loan does not exceed $100,000,000, or (ii) U.S. Swing Lender, in its sole discretion, Lender agrees to that it will make a U.S. Swing Loan notwithstanding the foregoing limitation, U.S. Swing Lender shall make a U.S. US Revolving Loan (any such U.S. US Revolving Loan made solely by U.S. Swing Lender pursuant to this Section 2.3(c2.2 (b)(i) being referred to as a “U.S. "US Swing Loan” and all ") to US Borrowers from time to time in amounts requested by any US Borrower (or Administrative Borrower on behalf of US Borrowers) up to the aggregate amount outstanding equal to the US Swing Loan Limit, provided, that, after giving effect to any such U.S. Revolving Loans being referred to as “U.S. US Swing Loans”) available to U.S. Borrowers on Loan, the Funding Date applicable thereto by transferring immediately available funds in the aggregate principal amount of the US Revolving Loans, US Swing Loans and US Letter of Credit Usage outstanding at any time shall not exceed the lesser of the US Borrowing Base at such requested Borrowing to the U.S. Designated Accounttime or US Maximum Credit at such time. Each U.S. US Swing Loan shall be deemed to be a U.S. US Revolving Loan hereunder and shall be subject to all the terms and conditions (including Section 3) applicable to other U.S. US Revolving Loans, except that all payments (including interest) on any U.S. Swing Loan shall be payable to U.S. Swing Lender solely for its own account. Subject to the provisions of Section 2.3(f)(iii2.3(d)(ii), U.S. Swing Lender shall not make and shall not be obligated to make any U.S. US Swing Loan if U.S. Swing Lender has actual knowledge that (iA) one or more of the applicable conditions precedent set forth in Section 3 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (iiB) the requested Borrowing would exceed the U.S. Excess Availability on such Funding Date. U.S. Swing Lender shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section 3 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making any U.S. US Swing Loan. The U.S. US Swing Loans shall be secured by Liens granted under the Loan Documents (other than the Australian Security Documents)Agent's Liens, constitute U.S. US Revolving Loans and U.S. ObligationsUS Obligations hereunder, and bear interest at the rate applicable from time to time to U.S. Revolving Loans that are Base Rate Loans. Upon the making of a US Swing Loan, without further action by any party hereto, each US Lender shall be deemed to have irrevocably and unconditionally purchased and received from Swing Line Lender, without recourse or warranty, an undivided interest and participation to the extent of such Lender's Pro Rata Share in such US Swing Loan. To the extent that there is no Settlement in accordance with Section 2.3(c) hereof, the applicable Swing Line Lender may at any time, require the applicable US Lenders to fund their participations. From and after the date, if any, on which any US Lender has funded its participation in any US Swing Loan, Agent shall promptly distribute to such US Lender, not less than weekly, such Lender's Pro Rata Share of all payments of principal and interest received by Agent in respect of such US Swing Loan.

Making of US Swing Loans. In Subject to the case of a request for a U.S. Revolving Loan terms and so long as either (i) conditions contained herein, the aggregate amount of U.S. Swing Loans made since the last Settlement Date, minus all payments or other amounts applied to U.S. Swing Loans since the last Settlement Date, plus the amount of the requested U.S. Swing Loan does not exceed $100,000,000, or (ii) U.S. Swing Lender, in its sole discretion, Lender agrees to that it will make a U.S. Swing Loan notwithstanding the foregoing limitation, U.S. Swing Lender shall make a U.S. US Revolving Loan (any such U.S. US Revolving Loan made solely by U.S. Swing Lender pursuant to this Section 2.3(c2.2 (b)(i) being referred to as a “U.S. US Swing Loan” and all such U.S. Revolving Loans being referred to as “U.S. Swing Loans”) available to U.S. US Borrowers from time to time in amounts requested by any US Borrower (or Administrative Borrower on behalf of US Borrowers) up to the Funding Date applicable thereto by transferring immediately available funds in aggregate amount outstanding equal to the US Swing Loan Limit, provided, that, after giving effect to any such US Swing Loan, the aggregate principal amount of the US Revolving Loans, US Swing Loans and US Letter of Credit Usage outstanding at any time shall not exceed the lesser of the US Borrowing Base at such requested Borrowing to the U.S. Designated Accounttime or US Maximum Credit at such time. Each U.S. US Swing Loan shall be deemed to be a U.S. US Revolving Loan hereunder and shall be subject to all the terms and conditions (including Section 3) applicable to other U.S. US Revolving Loans, except that all payments (including interest) on any U.S. Swing Loan shall be payable to U.S. Swing Lender solely for its own account. Subject to the provisions of Section 2.3(f)(iii2.3(d)(ii), U.S. Swing Lender shall not make and shall not be obligated to make any U.S. US Swing Loan if U.S. Swing Lender has actual knowledge that (iA) one or more of the applicable conditions precedent set forth in Section 3 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (iiB) the requested Borrowing would exceed the U.S. Excess Availability on such Funding Date. U.S. Swing Lender shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section 3 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making any U.S. US Swing Loan. The U.S. US Swing Loans shall be secured by Liens granted under the Loan Documents (other than the Australian Security Documents)Agent’s Liens, constitute U.S. US Revolving Loans and U.S. ObligationsUS Obligations hereunder, and bear interest at the rate applicable from time to time to U.S. Revolving Loans that are Base Rate Loans. Upon the making of a US Swing Loan, without further action by any party hereto, each US Lender shall be deemed to have irrevocably and unconditionally purchased and received from Swing Line Lender, without recourse or warranty, an undivided interest and participation to the extent of such Lender’s Pro Rata Share in such US Swing Loan. To the extent that there is no Settlement in accordance with Section 2.3(c) hereof, the applicable Swing Line Lender may at any time, require the applicable US Lenders to fund their participations. From and after the date, if any, on which any US Lender has funded its participation in any US Swing Loan, Agent shall promptly distribute to such US Lender, not less than weekly, such Lender’s Pro Rata Share of all payments of principal and interest received by Agent in respect of such US Swing Loan.

Making of US Swing Loans. In Subject to the case of a request for a U.S. Revolving Loan terms and so long as either (i) the aggregate amount of U.S. conditions contained herein, Swing Loans made since the last Settlement Date, minus all payments or other amounts applied to U.S. Swing Loans since the last Settlement Date, plus the amount of the requested U.S. Swing Loan does not exceed $100,000,000, or (ii) U.S. Swing Lender, in its sole discretion, Lender agrees to that it will make a U.S. Swing Loan notwithstanding the foregoing limitation, U.S. Swing Lender shall make a U.S. US Revolving Loan (any such U.S. US Revolving Loan made solely by U.S. Swing Lender pursuant to this Section 2.3(c2.2 (b)(i) being referred to as a “U.S. US Swing Loan” and all such U.S. Revolving Loans being referred to as “U.S. Swing Loans”) available to U.S. US Borrowers from time to time in amounts requested by any US Borrower (or Administrative Borrower on behalf of US Borrowers) up to the Funding Date applicable thereto by transferring immediately available funds in aggregate amount outstanding equal to the US Swing Loan Limit, provided, that, after giving effect to any such US Swing Loan, the aggregate principal amount of the US Revolving Loans, US Swing Loans and US Letter of Credit Usage outstanding at any time shall not exceed the lesser of the US Borrowing Base at such requested Borrowing to the U.S. Designated Accounttime or US Maximum Credit at such time. Each U.S. US Swing Loan shall be deemed to be a U.S. US Revolving Loan hereunder and shall be subject to all the terms and conditions (including Section 3) applicable to other U.S. US Revolving Loans, except that all payments (including interest) on any U.S. Swing Loan shall be payable to U.S. Swing Lender solely for its own account. Subject to the provisions of Section 2.3(f)(iii2.3(d)(ii), U.S. Swing Lender shall not make and shall not be obligated to make any U.S. US Swing Loan if U.S. Swing Lender has actual knowledge that (iA) one or more of the applicable conditions precedent set forth in Section 3 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (iiB) the requested Borrowing would exceed the U.S. Excess Availability on such Funding Date. U.S. Swing Lender shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section 3 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making any U.S. US Swing Loan. The U.S. US Swing Loans shall be secured by Liens granted under the Loan Documents (other than the Australian Security Documents)Agent’s Liens, constitute U.S. US Revolving Loans and U.S. ObligationsUS Obligations hereunder, and bear interest at the rate applicable from time to time to U.S. Revolving Loans that are Base Rate Loans. Upon the making of a US Swing Loan, without further action by any party hereto, each US Lender shall be deemed to have irrevocably and unconditionally purchased and received from Swing Line Lender, without recourse or warranty, an undivided interest and participation to the extent of such Lender’s Pro Rata Share in such US Swing Loan. To the extent that there is no Settlement in accordance with Section 2.3(c) hereof, the applicable Swing Line Lender may at any time, require the applicable US Lenders to fund their participations. From and after the date, if any, on which any US Lender has funded its participation in any US Swing Loan, Agent shall promptly distribute to such US Lender, not less than weekly, such Lender’s Pro Rata Share of all payments of principal and interest received by Agent in respect of such US Swing Loan.

Making of US Swing Loans. In the case of a request for a U.S. US Revolving Loan and so long as either (i) the aggregate amount of U.S. US Swing Loans made since the last Settlement Date, minus all payments or other amounts applied to U.S. US Swing Loans since the last Settlement Date, plus the amount of the requested U.S. US Swing Loan does not exceed $100,000,000, 10,000,000 or (ii) U.S. US Swing Lender, in its sole discretion, agrees to make a U.S. US Swing Loan notwithstanding the foregoing limitation, U.S. US Swing Lender shall make a U.S. US Revolving Loan (any such U.S. US Revolving Loan made by U.S. US Swing Lender pursuant to this Section 2.3(c2.3(b) being referred to as a “U.S. US Swing Loan” and all such U.S. US Revolving Loans being referred to as “U.S. US Swing Loans”) available to U.S. Borrowers US Borrower on the Funding Date applicable thereto by transferring immediately available funds in the amount of such requested Borrowing to the U.S. US Designated Account. Each U.S. US Swing Loan shall be deemed to be a U.S. US Revolving Loan hereunder and shall be subject to all the terms and conditions (including Section 3) applicable to other U.S. US Revolving Loans, except that all payments (including interest) on any U.S. US Swing Loan shall be payable to U.S. US Swing Lender solely for its own account. Subject to the provisions of Section 2.3(f)(iii2.3(d)(ii), U.S. US Swing Lender shall not make and shall not be obligated to make any U.S. US Swing Loan if U.S. US Swing Lender has actual knowledge that (i) one or more of the applicable conditions precedent set forth in Section 3 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the U.S. Excess US Availability on such Funding Date. U.S. US Swing Lender shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section 3 have been satisfied on the Funding Date applicable thereto prior to making any U.S. US Swing Loan. The U.S. US Swing Loans shall be secured by Liens granted under the Loan Documents (other than the Australian Security Documents), constitute U.S. US Revolving Loans and U.S. US Obligations, and bear interest at the rate applicable from time to time to U.S. US Revolving Loans that are Base Rate Loans.