Common use of New Swing Line Loans/Letters of Credit Clause in Contracts

New Swing Line Loans/Letters of Credit. So long as any Lender is a Defaulting Lender, the Swing Line Lender shall not be required to fund any Swing Line Loans and no L/C Issuer shall be required to issue, extend, renew or increase any Letter of Credit, unless the Swing Line Lender or such L/C Issuer, as applicable, is satisfied that the related Fronting Exposure and the then outstanding Fronting Exposure applicable to the Defaulting Lender (x) will be 100% covered by the Revolving Commitments of the Non-Defaulting Lenders and/or (y) Cash Collateral will be provided by the Borrower in accordance with Section 2.14, and participating interests in any newly made Swing Line Loan or any newly issued or increased Letter of Credit shall be allocated among non-Defaulting Lenders in a manner consistent with Section 2.16(a)(iv) (and such Defaulting Lender shall not participate therein).

Appears in 8 contracts

Samples: Credit Agreement (Equitrans Midstream Corp), Credit Agreement (Equitrans Midstream Corp), Credit Agreement (EQM Midstream Partners, LP)

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New Swing Line Loans/Letters of Credit. So long as any Lender is a Defaulting Lender, the Swing Line Lender Lenders shall not be required to fund any Swing Line Loans and no L/C Issuer Issuers shall not be required to issue, extend, renew or increase any Letter of Credit, unless the applicable Swing Line Lender or such the applicable L/C Issuer, as applicable, is satisfied that the related Fronting Exposure and the then outstanding Fronting Exposure applicable to the Defaulting Lender (x) will be 100% covered by the Revolving Commitments of the Non-Defaulting Lenders and/or (y) Cash Collateral will be provided by the Borrower in accordance with Section 2.14, and participating interests in any newly made Swing Line Loan or any newly issued or increased Letter of Credit shall be allocated among non-Defaulting Lenders in a manner consistent with Section 2.16(a)(iv) (and such Defaulting Lender shall not participate therein).

Appears in 3 contracts

Samples: Credit Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP)

New Swing Line Loans/Letters of Credit. So long as any Lender is a Defaulting Lender, the Swing Line Lender Lenders shall not be required to fund any Swing Line Loans and no L/C Issuer Issuers shall not be required to issue, extend, renew or increase any Letter of Credit, unless the applicable Swing Line Lender or such the applicable L/C Issuer, as applicable, is satisfied that the related Fronting Exposure and the then outstanding Fronting Exposure applicable to the Defaulting Lender (x) will be 100% covered by the Revolving Commitments of the Non-Defaulting Lenders and/or (y) Cash Collateral will be provided by the Borrower in accordance with Section 2.14, and participating interests in any newly made Swing Line Loan or any newly issued or increased Letter of Credit shall be allocated among non-Defaulting Lenders in a manner consistent with Section 2.16(a)(iv2.17(a)(iv) (and such Defaulting Lender shall not participate therein).

Appears in 2 contracts

Samples: Credit Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP)

New Swing Line Loans/Letters of Credit. So long as any Lender is a Defaulting Lender, (i) the Swing Line Lender shall not be required to fund any Swing Line Loans Loan unless it is satisfied that the participations therein will be fully allocated among Non-Defaulting Lenders in a manner consistent with clause (a)(iii) above and no L/C Issuer the Defaulting Lender shall not participate therein and (ii) Issuing Bank shall not be required to issue, extend, renew or increase any Letter of Credit, Credit unless the Swing Line Lender or such L/C Issuer, as applicable, it is satisfied that the related Fronting Exposure and the then outstanding Fronting Exposure applicable to the Defaulting Lender (x) will be 100% covered by the Revolving Commitments of the Non-Defaulting Lenders and/or (y) Cash Collateral will be provided by the Borrower in accordance with Section 2.14, and participating interests participations in any newly made Swing Line Loan or any newly issued existing Letters of Credit as well as the new, extended, renewed or increased Letter of Credit shall has been or will be fully allocated among nonthe Non-Defaulting Lenders in a manner consistent with Section 2.16(a)(ivclause (a)(iii) (above and such Defaulting Lender shall not participate thereintherein except to the extent such Defaulting Lender’s participation has been or will be fully Cash Collateralized in accordance with Section 2.22(d).

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

New Swing Line Loans/Letters of Credit. So long as any Lender is a Defaulting Lender, (i) the Swing Line Lender shall not be required to fund any Swing Line Loans unless it is satisfied that the participations therein will be fully allocated among Non-Defaulting Lenders in a manner consistent with clause (a)(iii) above and the Defaulting Lender shall not participate therein and (ii) no L/C Issuer Issuing Bank shall be required to issue, amend, extend, renew or increase any Letter of Credit, Credit unless the Swing Line Lender or such L/C Issuer, as applicable, it is satisfied that the related Fronting Exposure and the then outstanding Fronting Exposure applicable to the Defaulting Lender (x) will be 100% covered by the Revolving Commitments of the Non-Defaulting Lenders and/or (y) Cash Collateral will be provided by the Borrower in accordance with Section 2.14, and participating interests participations in any newly made Swing Line Loan or any newly issued existing Letters of Credit as well as the new, amended, extended, renewed or increased Letter of Credit shall have been or will be fully allocated among nonthe Non-Defaulting Lenders in a manner consistent with Section 2.16(a)(ivclause (a)(iii) (above and such Defaulting Lender shall not participate thereintherein except to the extent such Defaulting Lender’s participation has been or will be fully Cash Collateralized in accordance with Section 2.22(d).

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Allscripts Healthcare Solutions, Inc.)

New Swing Line Loans/Letters of Credit. So long as any Lender is a Defaulting Lender, the Swing Line Lender shall not be required to fund any Swing Line Loans and no L/C Issuer shall not be required to issue, extend, renew or increase any Letter of Credit, unless the Swing Line Lender or such the L/C Issuer, as applicable, is satisfied that the related Fronting Exposure and the then outstanding Fronting Exposure applicable to the Defaulting Lender (x) will be 100% covered by the Revolving Commitments of the Non-Defaulting Lenders and/or (y) Cash Collateral will be provided by the Borrower in accordance with Section 2.14, and participating interests in any newly made Swing Line Loan or any newly issued or increased Letter of Credit shall be allocated among non-Defaulting Lenders in a manner consistent with Section 2.16(a)(iv) (and such Defaulting Lender shall not participate therein).

Appears in 2 contracts

Samples: Credit Agreement (CONE Midstream Partners LP), Credit Agreement (CONE Midstream Partners LP)

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New Swing Line Loans/Letters of Credit. So long as any Lender is a Defaulting Lender, (i) the Swing Line Lender shall not be required to fund any Swing Line Loans unless it is satisfied that the participations therein will be fully allocated among Non-Defaulting Lenders in a manner consistent with Section 2.22(a)(iii) and the Defaulting Lender shall not participate therein and (ii) no L/C Issuer Issuing Bank shall be required to issue, extend, renew or increase any Letter of Credit, Credit unless the Swing Line Lender or such L/C Issuer, as applicable, it is satisfied that the related Fronting Exposure and the then outstanding Fronting Exposure applicable to the Defaulting Lender (x) will be 100% covered by the Revolving Commitments of the Non-Defaulting Lenders and/or (y) Cash Collateral will be provided by the Borrower in accordance with Section 2.14, and participating interests participations in any newly made Swing Line Loan or any newly issued existing Letters of Credit as well as the new, extended, renewed or increased Letter of Credit shall has been or will be fully allocated among nonthe Non-Defaulting Lenders in a manner consistent with Section 2.16(a)(iv2.22(a)(iii) (and such Defaulting Lender shall not participate thereintherein except to the extent such Defaulting Lender’s participation has been or will be fully Cash Collateralized in accordance with Section 2.22(d).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Tivity Health, Inc.)

New Swing Line Loans/Letters of Credit. So long as any Revolving Lender is a Defaulting Lender, (i) the Swing Line Lender shall not be required to fund any Swing Line Loans unless it is satisfied that the participations therein will be fully allocated among Non-Defaulting Revolving Lenders in a manner consistent with clause (a)(iii) above and no the Defaulting Lender shall not participate therein and (ii) the L/C Issuer Issuers shall not be required to issue, extend, renew or increase any Letter of Credit, Credit unless the Swing Line Lender or such L/C Issuer, as applicable, is they are satisfied that the related Fronting Exposure and the then outstanding Fronting Exposure applicable to the Defaulting Lender (x) will be 100% covered by the Revolving Commitments of the Non-Defaulting Lenders and/or (y) Cash Collateral will be provided by the Borrower in accordance with Section 2.14, and participating interests participations in any newly made Swing Line Loan or any newly issued existing Letters of Credit as well as the new, extended, renewed or increased Letter of Credit shall has been or will be fully allocated among nonthe Non-Defaulting Revolving Lenders in a manner consistent with Section 2.16(a)(ivclause (a)(iii) (above and such Defaulting Lender shall not participate thereintherein except to the extent such Defaulting Lender’s participation has been or will be fully Cash Collateralized in accordance with Section 2.22(d).

Appears in 1 contract

Samples: Operations and Maintenance Agreement (Atlantic Power Corp)

New Swing Line Loans/Letters of Credit. So long as any Revolving Lender is a Defaulting Lender, (i) the Swing Line Lender shall not be required to fund any Swing Line Loans unless it is satisfied that the participations therein will be fully allocated among Non-Defaulting Revolving Lenders in a manner consistent with clause (a)(iii) above and no the Defaulting Lender shall not participate therein and (ii) the L/C Issuer Issuers shall not be required to issue, extend, renew or increase any Letter of Credit, Credit unless the Swing Line Lender or such L/C Issuer, as applicable, is they are satisfied that the related Fronting Exposure and the then outstanding Fronting Exposure applicable to the Defaulting Lender (x) will be 100% covered by the Revolving Commitments of the Non-Defaulting Lenders and/or (y) Cash Collateral will be provided by the Borrower in accordance with Section 2.14, and participating interests participations in any newly made Swing Line Loan or any newly issued existing Letters of Credit as well as the new, extended, renewed or increased Letter of Credit shall has been or will be fully allocated among nonthe Non-Defaulting Revolving Lenders in a manner consistent with Section 2.16(a)(ivclause (a)(iii) (above and such Defaulting Lender shall not participate thereintherein except to the extent such Defaulting Lender’s participation has been or will be fully Cash Collateralized in accordance with Section 2.23(d).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Atlantic Power Corp)

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