Common use of Making Swingline Loans Clause in Contracts

Making Swingline Loans. Upon request of the Borrowers' Representative, the Swingline Lender shall promptly notify the Borrowers' Representative and the Administrative Agent of the quoted rate of interest applicable on any Business Day to a proposed Swingline Loan (such rate of interest, a "Quoted Rate") and of the rate that would be applicable to a Eurodollar Rate Revolving Credit Loan made on the same day for an Interest Period of one month (the "Swingline Eurodollar Rate"). Requests for Swingline Loans shall be made not later than 4:00 p.m. on the Business Day of the proposed Swingline Loan by delivery by telex, telegraph, telecopy or telephone of a request therefor by Borrowers' Representative to the Administrative Agent. Each such notice (a "Swingline Loan Request") shall specify (i) the proposed borrowing date, (ii) the amount of Swingline Loan requested, (iii) the applicable Quoted Rate or Eurodollar Rate, as selected by the Borrowers, and (iv) the applicable Swingline Loan Maturity, and shall be immediately followed by a written confirmation thereof by the Borrowers' Representative in substantially the form of EXHIBIT E-2 hereto, PROVIDED, that if such written confirmation differs in any material respect from the action taken by the Administrative Agent, the records of the Administrative Agent shall control absent manifest error. Not later than 6:00 p.m. on the date specified for any Swingline Loan, the Swingline Lender shall make available such Swingline Loan in immediately available funds to the Administrative Agent at the Administrative Agent's Office. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in ARTICLE 6, the Administrative Agent will, and the Borrowers hereby irrevocably authorize the Administrative Agent to, disburse the proceeds of each Swingline Loan by making such funds available to the Borrowers by wire transfer to such account of a Borrower as the Borrowers and the Administrative Agent may agree from time to time.

Making Swingline Loans. Upon request of the Borrowers' Representative, the Swingline Lender shall promptly notify the Borrowers' Representative and the Administrative Agent of the quoted rate of interest applicable on any Business Day to a proposed Swingline Loan (such rate of interest, a "Quoted Rate") and of the rate that would be applicable to a Eurodollar Rate Revolving Credit Loan made on the same day for an Interest Period of one month (the "Swingline Eurodollar Rate"). Requests for Swingline Loans (which shall be Base Rate Loans and shall not be entitled to be converted to LIBOR Loans) shall be made not later than 4:00 p.m. 12:00 noon on the Business Day of the proposed Swingline Loan by delivery by telex, telegraph, telecopy or telephone of a request therefor by Borrowers' Representative to the Administrative AgentAgent and the Swingline Lender. Each such notice (a "Swingline Loan Request") shall specify (i) the proposed borrowing date, date and (ii) the amount of Swingline Loan requestedrequested (which, (iii) in the applicable Quoted Rate or Eurodollar Ratecase of deemed Settlement Date requests shall be, as selected by the Borrowers, and (iv) the applicable Swingline Loan Maturity, and shall be immediately followed by a written confirmation thereof by the Borrowers' Representative in substantially the form of EXHIBIT E-2 hereto, PROVIDED, that if such written confirmation differs in any material respect from the action taken by the Administrative Agentrespectively, the records Settlement Date and the excess, if any, of the Administrative Agent shall control absent manifest errorprincipal amount of Swingline Loans available to be borrowed on the Settlement Date over the outstanding principal amount of Swingline Loans on the Settlement Date). Not later than 6:00 3:00 p.m. on the date specified for any Swingline Loan, the Swingline Lender shall make available such Swingline Loan in immediately available funds to the Administrative Agent at the Administrative Agent's Office. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in ARTICLE 6, the Administrative Agent will, and the Borrowers hereby irrevocably authorize the Administrative Agent to, disburse the proceeds of each Swingline Loan by making such funds available to the Borrowers by wire transfer to such deposit account of a Borrower as the Borrowers and the Administrative Agent may agree from time to time.

Making Swingline Loans. Upon request of the Borrowers' RepresentativeBorrower, the Swingline Lender shall promptly notify the Borrowers' Representative and the Administrative Agent Borrower of the quoted rate of interest applicable on any Business Day day to a proposed Swingline Loan (such rate of interest, a "Quoted Rate") and of the rate that would be applicable to a Eurodollar Rate Revolving Credit Loan made on the same day for an Interest Period of one month (the "Swingline Eurodollar Rate")Loan. Requests for Swingline Loans Loans, which shall bear interest at the Base Rate plus the Applicable Margin then in effect for Base Rate Loans, shall be made not later than 4:00 p.m. 12:00 noon (Central time) on the Business Day of the proposed Swingline Loan by delivery by to telex, telegraph, telecopy or telephone of a request therefor by Borrowers' Representative Borrower to Collateral Agent and the Administrative AgentSwingline Lender. Each such notice (a "Swingline Loan Request") shall specify (i) the proposed borrowing date, date and (ii) the amount of Swingline Loan requested, (iii) the applicable Quoted Rate or Eurodollar Rate, as selected by the Borrowers, and (iv) the applicable Swingline Loan Maturity, and shall be immediately followed by a written confirmation thereof by the Borrowers' Representative in substantially the form of EXHIBIT E-2 hereto, PROVIDED, that if such written confirmation differs in any material respect from the action taken by the Administrative Agent, the records of the Administrative Agent shall control absent manifest error. Not later than 6:00 3:00 p.m. (Central time) on the date specified for any Swingline Loan, the Swingline Lender shall make available such Swingline Loan loan in immediately available funds to the Administrative Agent at the Administrative Collateral Agent's Office. After the Administrative Collateral Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in ARTICLE 6Section 10 hereof, the Administrative Collateral Agent will, and the Borrowers Borrower hereby irrevocably authorize the Administrative Collateral Agent to, disburse the proceeds of each Swingline Loan by making such funds available to the Borrowers Borrower by wire transfer to such account of a Borrower as the Borrowers Borrower and the Administrative Collateral Agent may agree from time to time."

Making Swingline Loans. Upon request of the Borrowers' Representative, the Swingline Lender shall promptly notify the Borrowers' Representative and the Administrative Agent of the quoted rate of interest applicable on any Business Day to a proposed Swingline Loan (such rate of interest, a "Quoted Rate") and of the rate that would be applicable to a Eurodollar Rate Revolving Credit Loan made on the same day for an Interest Period of one month (the "Swingline Eurodollar Rate"). Requests for Swingline Loans, which shall be Base Rate Loans and shall not be entitled to be converted into Eurodollar Rate Loans, shall be made not later than 4:00 1:00 p.m. on the Business Day of the proposed Swingline Loan by delivery by electronic mail, telex, telegraph, telecopy or telephone of a request therefor by Borrowers' Representative American Tire to the Administrative AgentAgent and the Swingline Lender and shall be deemed to be made on each Settlement Date. Each such notice (a "Swingline Loan Request") shall specify (i) the proposed borrowing date, date and (ii) the amount of Swingline Loan requestedrequested (which, (iii) in the applicable Quoted Rate or Eurodollar Ratecase of deemed Settlement Date requests shall be, as selected by the Borrowers, and (iv) the applicable Swingline Loan Maturity, and shall be immediately followed by a written confirmation thereof by the Borrowers' Representative in substantially the form of EXHIBIT E-2 hereto, PROVIDED, that if such written confirmation differs in any material respect from the action taken by the Administrative Agentrespectively, the records Settlement Date and the excess, if any, of the Administrative Agent shall control absent manifest errorSwingline Facility over the outstanding principal amount of Swingline Loans on the Settlement Date). Not later than 6:00 3:00 p.m. on the date specified for any Swingline Loan, the Swingline Lender shall make available such Swingline Loan in immediately available funds to the Administrative Agent at the Administrative Agent's Office. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in ARTICLE 65, the Administrative Agent will, and the Borrowers hereby irrevocably authorize the Administrative Agent to, disburse the proceeds of each Swingline Loan by making such funds available to the Borrowers by wire transfer to such account of a Borrower as the Borrowers American Tire and the Administrative Agent may agree from time to time.

Making Swingline Loans. Upon request of the Borrowers' Representative, the Swingline Lender shall promptly notify the Borrowers' Representative and the Administrative Agent of the quoted rate of interest applicable on any Business Day to a proposed Swingline Loan (such rate of interest, a "Quoted Rate") and of the rate that would be applicable to a Eurodollar Rate Revolving Credit Loan made on the same day for an Interest Period of one month (the "Swingline Eurodollar Rate"). Requests for Swingline Loans, which shall be Base Rate Loans and shall not be entitled to be converted into Eurodollar Loans, shall be made not later than 4:00 1:00 p.m. on the Business Day of the proposed Swingline Loan by delivery by telex, telegraph, telecopy or telephone of a request therefor by Borrowers' Representative to Heafxxx xx the Administrative AgentAgent and the Swingline Lender and shall be deemed to be made on each Settlement Date. Each such notice (a "Swingline Loan Request") shall specify (i) the proposed borrowing date, date and (ii) the amount of Swingline Loan requestedrequested (which, (iii) in the applicable Quoted Rate or Eurodollar Ratecase of deemed Settlement Date requests shall be, as selected by the Borrowers, and (iv) the applicable Swingline Loan Maturity, and shall be immediately followed by a written confirmation thereof by the Borrowers' Representative in substantially the form of EXHIBIT E-2 hereto, PROVIDED, that if such written confirmation differs in any material respect from the action taken by the Administrative Agentrespectively, the records Settlement Date and the excess, if any, of the Administrative Agent shall control absent manifest errorSwingline Facility over the outstanding principal amount of Swingline Loans on the Settlement Date). Not later than 6:00 3:00 p.m. on the date specified for any Swingline Loan, the Swingline Lender shall make available such Swingline Loan in immediately available funds to the Administrative Agent at the Administrative Agent's Office. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in ARTICLE 65, the Administrative Agent will, and the Borrowers hereby irrevocably authorize the Administrative Agent to, disburse the proceeds of each Swingline Loan by making such funds available to the Borrowers by wire transfer to such account of a Borrower as the Borrowers and Heafxxx xxx the Administrative Agent may agree from time to time.

Making Swingline Loans. Upon request of the Borrowers' Representative, the Swingline Lender shall promptly notify the Borrowers' Representative and the Administrative Agent of the quoted rate of interest applicable on any Business Day to a proposed Swingline Loan (such rate of interest, a "Quoted Rate") and of the rate that would be applicable to a Eurodollar Rate Revolving Credit Loan made on the same day for an Interest Period of one month (the "Swingline Eurodollar Rate"). Requests for Swingline Loans, which shall be Base Rate Loans and shall not be entitled to be converted into LIBOR Loans, shall be made not later than 4:00 2:00 p.m. on the Business Day of the proposed Swingline Loan by delivery by telex, telegraph, telecopy or telephone of a request therefor by Borrowers' Representative MasTec to the Administrative AgentAgent and the Swingline Lender and shall be deemed to be made on each Settlement Date. Each such notice (a "Swingline Loan Request") shall specify (i) the proposed borrowing date, date and (ii) the amount of Swingline Loan requestedrequested (which, (iii) in the applicable Quoted Rate or Eurodollar Ratecase of deemed Settlement Date requests shall be, as selected by the Borrowers, and (iv) the applicable Swingline Loan Maturity, and shall be immediately followed by a written confirmation thereof by the Borrowers' Representative in substantially the form of EXHIBIT E-2 hereto, PROVIDED, that if such written confirmation differs in any material respect from the action taken by the Administrative Agentrespectively, the records Settlement Date and the excess, if any, of the Administrative Agent shall control absent manifest errorSwingline Facility over the outstanding principal amount of Swingline Loans on the Settlement Date). Not later than 6:00 3:00 p.m. on the date specified for any Swingline Loan, the Swingline Lender shall make available such Swingline Loan in immediately available funds to the Administrative Agent at the Administrative Agent's Office. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in ARTICLE 6Article 5, the Administrative Agent will, and the Borrowers hereby irrevocably authorize the Administrative Agent to, disburse the proceeds of each Swingline Loan by making such funds available to the Borrowers by wire transfer to such account of a Borrower as the Borrowers MasTec and the Administrative Agent may agree from time to time.

Making Swingline Loans. Upon request of the Borrowers' RepresentativeBorrower, the Swingline Lender shall promptly notify the Borrowers' Representative and the Administrative Agent Borrower of the quoted rate of interest applicable on any Business Day day to a proposed Swingline Loan (such rate of interest, a "Quoted Rate") and of the rate that would be applicable to a Eurodollar Rate Revolving Credit Loan made on the same day for an Interest Period of one month (the "Swingline Eurodollar Rate")Loan. Requests for Swingline Loans, which shall bear interest, indexed daily, at the One-Month Eurodollar Rate plus the Applicable Margin then in effect for Eurodollar Loans (or, if extended by Fleet at Collateral Agent's request to pay any Obligation then due and payable, at the Base Rate plus the Applicable Margin then in effect for Base Rate Loans), shall be made not later than 4:00 p.m. 12:00 noon (Central time) on the Business Day of the proposed Swingline Loan by delivery by to telex, telegraph, telecopy or telephone of a request therefor by Borrowers' Representative Borrower to Collateral Agent and the Administrative AgentSwingline Lender. Each such notice (a "Swingline Loan Request") shall specify (i) the proposed borrowing date, date and (ii) the amount of Swingline Loan requested, (iii) the applicable Quoted Rate or Eurodollar Rate, as selected by the Borrowers, and (iv) the applicable Swingline Loan Maturity, and shall be immediately followed by a written confirmation thereof by the Borrowers' Representative in substantially the form of EXHIBIT E-2 hereto, PROVIDED, that if such written confirmation differs in any material respect from the action taken by the Administrative Agent, the records of the Administrative Agent shall control absent manifest error. Not later than 6:00 3:00 p.m. (Central time) on the date specified for any Swingline Loan, the Swingline Lender shall make available such Swingline Loan loan in immediately available funds to the Administrative Agent at the Administrative Collateral Agent's Office. After the Administrative Collateral Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in ARTICLE 6Section 10 hereof, the Administrative Collateral Agent will, and the Borrowers Borrower hereby irrevocably authorize the Administrative Collateral Agent to, disburse the proceeds of each Swingline Loan by making such funds available to the Borrowers Borrower by wire transfer to such account of a Borrower as the Borrowers Borrower and the Administrative Collateral Agent may agree from time to time.