Common use of Procedure for Swing Line Borrowing; Refunding of Swing Line Loans Clause in Contracts

Procedure for Swing Line Borrowing; Refunding of Swing Line Loans. (a) Whenever the Borrower desires that the Swing Line Lender make Swing Line Loans (the proceeds of which shall be used for purposes permitted hereby other than the payment of Project Costs), it shall give the Swing Line Lender irrevocable telephonic notice confirmed promptly in writing (which telephonic notice must be received by the Swing Line Lender not later than 1:00 P.M., New York City time, on the proposed Borrowing Date), specifying (i) the amount to be borrowed and (ii) the requested Borrowing Date. Each borrowing under the Swing Line Commitment shall be in a principal amount equal to $500,000 or a $100,000 multiple in excess thereof. Not later than 3:00 P.M., New York City time, on the Borrowing Date specified in a notice in respect of Swing Line Loans, the Swing Line Lender shall make available to the Administrative Agent at the Funding Office an amount in immediately available funds equal to the amount of the Swing Line Loan to be made by the Swing Line Lender; provided, that the Swing Line Lender shall not be obligated to make any Swing Line Loans at a time when a Lender Default exists unless the Swing Line Lender has entered into arrangements satisfactory to it to eliminate the Swing Line Lender’s risk with respect to such Lenders’ participation in such Swing Line Loans. The Administrative Agent shall make the proceeds of such Swing Line Loan available in immediately available Dollars to the Borrower on such Borrowing Date by depositing such proceeds in the Company’s Concentration Account on such Borrowing Date.

Appears in 4 contracts

Samples: Intercreditor Agreement (Wynn Las Vegas LLC), Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Resorts LTD)

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Procedure for Swing Line Borrowing; Refunding of Swing Line Loans. (a) Whenever the U.S. Borrower desires that the U.S. Swing Line Lender make U.S. Swing Line Loans (the proceeds of which shall be used for purposes permitted hereby other than the payment of Project Costs), it U.S. Borrower shall give the U.S. Swing Line Lender irrevocable telephonic notice confirmed promptly in writing with a copy to the Administrative Agent (which telephonic notice must be received by the U.S. Swing Line Lender not later than 1:00 P.M., New York City time, on the proposed Borrowing Date), specifying (i) the amount to be borrowed and (ii) the requested Borrowing DateDate (which shall be a Business Day during the Revolving Commitment Period for the U.S. Revolving Facility). Each borrowing under the U.S. Swing Line Sub Commitment shall be in a principal an amount equal to $500,000 or a whole multiple of $100,000 multiple in excess thereof. Not later than 3:00 P.M., New York City time, on the Borrowing Date specified in a notice in respect of U.S. Swing Line Loans, the U.S. Swing Line Lender shall make available to the Administrative Agent at the Funding Office an amount in immediately available funds equal to the amount of the U.S. Swing Line Loan to be made by the U.S. Swing Line Lender; provided, that the Swing Line Lender shall not be obligated to make any Swing Line Loans at a time when a Lender Default exists unless the Swing Line Lender has entered into arrangements satisfactory to it to eliminate the Swing Line Lender’s risk with respect to such Lenders’ participation in such Swing Line Loans. The Administrative Agent shall make the proceeds of such U.S. Swing Line Loan available in immediately available Dollars to the U.S. Borrower on such Borrowing Date by depositing such proceeds in an account of the Company’s Concentration Account U.S. Borrower with the Administrative Agent on such Borrowing DateDate in immediately available funds.

Appears in 3 contracts

Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P)

Procedure for Swing Line Borrowing; Refunding of Swing Line Loans. (a) Whenever the The Borrower desires that may borrow under the Swing Line Lender make Swing Line Loans (Commitment on any Business Day during the proceeds of which shall be used for purposes permitted hereby other than Revolving Credit Commitment Period; provided, the payment of Project Costs), it Borrower shall give the to a Swing Line Lender irrevocable telephonic notice confirmed promptly in writing to such Swing Line Lender with a copy thereof to be provided to the Administrative Agent (which and each other Swing Line Lender)(which telephonic notice must be received by the such Swing Line Lender not later than 1:00 P.M., New York City time, on the proposed Borrowing Date), specifying (i) the amount to be borrowed and borrowed, (ii) the requested Borrowing Date, (iii) the maturity date thereof (which, in the case of a Eurodollar Loan, shall be the last day of the applicable Interest Period) and (iv) whether such Swing Line Loan will be a Eurodollar Loan, a Base Rate Loan or a Money Market Rate Loan. Each borrowing under the Swing Line Commitment shall be in a principal an amount equal to $500,000 or a whole multiple of $100,000 multiple in excess thereof. Not In no event shall the number of Swing Line Loans outstanding at any time be greater than five. The Borrower may, on any Borrowing Date for Swing Line Loans and prior to 11:00 A.M. New York City time (or such other time as may be mutually agreed by the Borrower and such Swing Line Lender), request a quote of the Money Market Rate which would be applicable for such Swing Line Loans from a Swing Line Lender, specifying the amount of the proposed Money Market Rate Loans and the maturity date thereof. Such Swing Line Lender may, but shall not be obligated to, provide the Borrower with such Money Market Rate quote and such Swing Line Lender shall, not later than 12:30 P.M. New York City time on the day of the request, either (A) provide the Borrower with the requested quote or (B) notify the Borrower of its unwillingness to provide the requested Swing Line Loans under the Money Market Rate; provided that the failure by such Swing Line Lender to provide such quote (or to notify the Borrower of such unwillingness) by such time shall be deemed as a notification of its unwillingness to provide the requested Swing Line Loans under the Money Market Rate. Upon receipt of such quote, the Borrower shall promptly (but not later than the time that an irrevocable notice requesting such Swing Line Loans must be made pursuant to this subsection 2.4(a)) notify the applicable Swing Line Lender whether it requests such Swing Line Lender to make Money Market Rate Loans at such Money Market Rate. If the Borrower does not request the Swing Line Loan at such Money Market Rate or no Swing Line Lender is willing to provide a Swing Line Loan at the Money Market Rate, the Borrower may still proceed to request a Swing Line Loan at the Base Rate or Eurodollar Rate as set forth in Section 2.3. The proceeds of each Swing Line Loan will be made available by the applicable Swing Line Lender to the Borrower not later than 3:00 P.M., P.M. New York City time, time on the Borrowing Date thereof by crediting the specified in a notice in respect of Swing Line Loans, the Swing Line Lender shall make available to the Administrative Agent at the Funding Office an amount in immediately available funds equal to the amount account of the Swing Line Loan Borrower with such proceeds in the manner from time to be made time agreed by the Borrower and the applicable Swing Line Lender; provided, provided that the Swing Line Lender shall not be obligated prior to make any Swing Line Loans at a time when a Lender Default exists unless the Swing Line Lender has entered into arrangements satisfactory to it to eliminate the Swing Line Lender’s risk with respect to such Lenders’ participation in such Swing Line Loans. The Administrative Agent shall make making the proceeds of such Swing Line Loan available in immediately to the Borrower, such Swing Line Lender receives a confirmation from the Administrative Agent that the amount of the requested Swing Line Loan is otherwise available Dollars to the Borrower on under the Revolving Credit Commitments and the Swing Line Commitment. Immediately following the funding of such Borrowing Date by depositing such proceeds in Swing Line Loan the Company’s Concentration Account on such applicable Swing Line Lender shall provide the Administrative Agent (which shall promptly forward a copy thereof to the Borrower and the other Swing Line Lenders) with a written confirmation of the amount, the Borrowing Date, whether such Swing Line Loan is a Eurodollar Loan, a Base Rate Loan or a Money Market Rate Loan and maturity of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp)

Procedure for Swing Line Borrowing; Refunding of Swing Line Loans. (a) Whenever the Borrower desires that the Swing Line Lender make Swing Line Loans (the proceeds of which shall be used for purposes permitted hereby other than the payment of Project Costs), it shall give the Swing Line Lender irrevocable telephonic notice confirmed promptly in writing (which telephonic notice must be received by the Swing Line Lender not later than 1:00 P.M., New York City time, on the proposed Borrowing Date), specifying (i) the amount to be borrowed and (ii) the requested Borrowing DateDate (which shall be a Business Day during the Swing Line Credit Commitment Period). Each borrowing under the Swing Line Commitment shall be in a principal an amount equal to $500,000 or a $100,000 multiple in excess thereof. Not later than 3:00 P.M., New York City time, on the Borrowing Date specified in a notice in respect of Swing Line Loans, the Swing Line Lender shall make available to the Administrative Agent at the Funding Office an amount in immediately available funds equal to the amount of the Swing Line Loan to be made by the Swing Line Lender; provided, that the Swing Line Lender shall not be obligated to make any Swing Line Loans at a time when a Lender Default exists unless the Swing Line Lender has entered into arrangements satisfactory to it to eliminate the Swing Line Lender’s 's risk with respect to such the Defaulting Lender's or Lenders' participation in such Swing Line Loans. The Administrative Agent shall make the proceeds of such Swing Line Loan available in immediately available Dollars to the Borrower on such Borrowing Date by depositing such proceeds in a Funding Account of the Company’s Concentration Account Borrower with the Administrative Agent on such Borrowing DateDate in immediately available funds.

Appears in 2 contracts

Samples: Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Las Vegas LLC)

Procedure for Swing Line Borrowing; Refunding of Swing Line Loans. (a) Whenever the Borrower desires that the Swing Line Lender make Swing Line Loans (the proceeds of which shall be used for purposes permitted hereby other than the payment of Project Costs), it shall give the Swing Line Lender irrevocable telephonic notice confirmed promptly in writing (which telephonic notice must be received by the Swing Line Lender not later than 1:00 P.M., New York City time, on the proposed Borrowing Date), specifying (i) the amount to be borrowed and (ii) the requested Borrowing DateDate (which shall be a Business Day during the Revolving Credit Commitment Period). Each borrowing under the Swing Line Commitment shall be in a principal an amount equal to $500,000 100,000 or a whole multiple of $100,000 multiple 25,000 in excess thereof. Not later than 3:00 2:00 P.M., New York City time, on the Borrowing Date specified in a notice in respect of Swing Line Loans, the Swing Line Lender shall make available to the Administrative Agent at the Funding Office an amount in immediately available funds equal to the amount of the Swing Line Loan to be made by the Swing Line Lender; provided, that the Swing Line Lender shall not be obligated to make any Swing Line Loans at a time when a Lender Default exists unless the Swing Line Lender has entered into arrangements satisfactory to it to eliminate the Swing Line Lender’s risk with respect to such Lenders’ participation in such Swing Line Loans. The Administrative Agent shall make the proceeds of such Swing Line Loan available in immediately available Dollars to the Borrower on such Borrowing Date by depositing such proceeds in the Company’s Concentration Account on such Borrowing Dateimmediately available funds.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Day International Group Inc), Senior Secured Credit Agreement (Day International Group Inc)

Procedure for Swing Line Borrowing; Refunding of Swing Line Loans. (a) Whenever the The Borrower desires that may borrow under the Swing Line Lender make Swing Line Loans (Commitment on any Business Day during the proceeds of which shall be used for purposes permitted hereby other than Revolving Credit Commitment Period, provided, the payment of Project Costs), it Borrower shall give the Swing Line Lender irrevocable telephonic notice confirmed promptly in writing in the form of Exhibit B-2 (which telephonic notice must be received by the Swing Line Lender not later than 1:00 P.M., New York City time, P.M. on the proposed Borrowing Date), specifying (i) the amount to be borrowed and (ii) the requested Borrowing Date. Each borrowing under the Swing Line Commitment shall be in a principal an amount equal to $500,000 or a whole multiple of $100,000 multiple in excess thereof. Not If the Swing Line Lender shall elect to fund a requested Swing Line Loan, not later than 3:00 P.M., New York City P.M. time, on the Borrowing Date specified in a the borrowing notice in respect of such Swing Line LoansLoan, the Swing Line Lender shall make available to the Administrative Agent at the Funding Administrative Agent’s Office an amount in immediately available funds equal to the amount of the Swing Line Loan to be made by the Swing Line Lender; provided, that the Swing Line Lender shall not be obligated to make any Swing Line Loans at a time when a Lender Default exists unless the Swing Line Lender has entered into arrangements satisfactory to it to eliminate the Swing Line Lender’s risk with respect to such Lenders’ participation in such Swing Line LoansLoan. The Administrative Agent shall make the proceeds of such Swing Line Loan available in immediately available Dollars to the Borrower on such Borrowing Date in like funds as received by depositing the Administrative Agent. Notwithstanding the foregoing, if the Swing Line Lender shall elect not to fund a requested Swing Line Loan for any reason, the Swing Line Lender shall promptly, and in any event not later than 3:00 P.M., on the date that the borrowing notice in respect of such proceeds in Swing Line Loan is received, notify the Company’s Concentration Account on Borrower and the Administrative Agent of such Borrowing Dateelection.

Appears in 2 contracts

Samples: Credit Agreement (White Mountains Insurance Group LTD), Credit Agreement (White Mountains Insurance Group LTD)

Procedure for Swing Line Borrowing; Refunding of Swing Line Loans. (a) Whenever the The US Borrower desires that may borrow under the Swing Line Lender make Swing Line Loans (Commitment on any Business Day during the proceeds of which shall be used for purposes permitted hereby other than US Revolving Credit Commitment Period, provided, the payment of Project Costs), it US Borrower shall give the Swing Line Lender irrevocable telephonic notice confirmed promptly in writing (which telephonic notice must be received by the Swing Line Lender not later than 1:00 P.M., New York City time, on the proposed Borrowing Date), specifying (i) the amount to be borrowed and (ii) the requested Borrowing Date. Each borrowing under the Swing Line Commitment shall be in a principal an amount equal to $500,000 or a whole multiple of $100,000 multiple in excess thereof. Not later than 3:00 P.M., New York City time, on the Borrowing Date specified in a the borrowing notice in respect of any Swing Line LoansLoan, the Swing Line Lender shall make available to the Administrative Agent at the Funding Office an amount in immediately available funds equal to the amount of the Swing Line Loan to be made by the Swing Line Lender; provided, that the Swing Line Lender shall not be obligated to make any Swing Line Loans at a time when a Lender Default exists unless the Swing Line Lender has entered into arrangements satisfactory to it to eliminate the Swing Line Lender’s risk with respect to such Lenders’ participation in such Swing Line LoansLoan. The Administrative Agent shall make the proceeds of such Swing Line Loan available in immediately available Dollars to the US Borrower on such Borrowing Date in like funds as received by depositing the Administrative Agent. The Swing Line Lender, at any time and from time to time in its sole and absolute discretion may, on behalf of the US Borrower (which hereby irrevocably directs the Swing Line Lender to act on its behalf), on one Business Day’s notice given by the Swing Line Lender no later than 12:00 Noon, New York City time, request each US Revolving Credit Lender to make, and each US Revolving Credit Lender hereby agrees to make, a US Revolving Credit Loan (which shall initially be a Base Rate Loan), in an amount equal to such US Revolving Credit Lender’s US Revolving Credit Percentage of the aggregate amount of the Swing Line Loans (the “Refunded Swing Line Loans”) outstanding on the date of such notice, to repay the Swing Line Lender. Each US Revolving Credit Lender shall make the amount of such US Revolving Credit Loan available to the Administrative Agent at the Funding Office in immediately available funds, not later than 10:00 A.M., New York City time, one Business Day after the date of such notice. The proceeds in of such US Revolving Credit Loans shall be made immediately available by the Company’s Concentration Account on such Borrowing DateAdministrative Agent to the Swing Line Lender for application by the Swing Line Lender to the repayment of the Refunded Swing Line Loans.

Appears in 1 contract

Samples: Credit Agreement (Vanguard Car Rental Group Inc.)

Procedure for Swing Line Borrowing; Refunding of Swing Line Loans. (a) Whenever the Borrower desires that the Swing Line Lender make Swing Line Loans (the proceeds of which shall be used for purposes permitted hereby other than the payment of Project CostsCosts or an Investment in the Macau Loan), it shall give the Swing Line Lender irrevocable telephonic notice confirmed promptly in writing (which telephonic notice must be received by the Swing Line Lender not later than 1:00 P.M., New York City time, on the proposed Borrowing Date), specifying (i) the amount to be borrowed and (ii) the requested Borrowing Date. Each borrowing under the Swing Line Commitment shall be in a principal an amount equal to $500,000 or a $100,000 multiple in excess thereof. Not later than 3:00 P.M., New York City time, on the Borrowing Date specified in a notice in respect of Swing Line Loans, the Swing Line Lender shall make available to the Administrative Agent at the Funding Office an amount in immediately available funds equal to the amount of the Swing Line Loan to be made by the Swing Line Lender; provided, that the Swing Line Lender shall not be obligated to make any Swing Line Loans at a time when a Lender Default exists unless the Swing Line Lender has entered into arrangements satisfactory to it to eliminate the Swing Line Lender’s 's risk with respect to such the Defaulting Lender's or Lenders' participation in such Swing Line Loans. The Administrative Agent shall make the proceeds of such Swing Line Loan available in immediately available Dollars to the Borrower on such Borrowing Date by depositing such proceeds in a Funding Account of the Company’s Concentration Account Borrower with the Administrative Agent on such Borrowing Date.

Appears in 1 contract

Samples: Credit Agreement (Wynn Resorts LTD)

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Procedure for Swing Line Borrowing; Refunding of Swing Line Loans. (a) Whenever the Parent Borrower desires that the Swing Line Lender make Swing Line Loans (the proceeds of which shall be used for purposes permitted hereby other than the payment of Project Costs), it shall give the Swing Line Lender irrevocable telephonic notice confirmed promptly in writing (which telephonic notice must be received by the Swing Line Lender not later than 1:00 P.M., New York City time, on the proposed Borrowing Date), specifying (i) the amount to be borrowed and (ii) the requested Borrowing DateDate (which shall be a Business Day during the Revolving Credit Commitment Period). Each borrowing under the Swing Line Commitment shall be in a principal an amount equal to $500,000 250,000 or a whole multiple of $100,000 multiple 200,000 in excess thereof. Not later than 3:00 P.M., New York City time, on the Borrowing Date specified in a notice in respect of Swing Line Loans, the Swing Line Lender shall make available to the Administrative Agent at the Funding Office its office specified in Section 10.2 an amount in immediately available funds equal to the amount of the Swing Line Loan to be made by the Swing Line Lender; provided, that the Swing Line Lender shall not be obligated to make any Swing Line Loans at a time when a Lender Default exists unless the Swing Line Lender has entered into arrangements satisfactory to it to eliminate the Swing Line Lender’s risk with respect to such Lenders’ participation in such Swing Line Loans. The Administrative Agent shall make the proceeds of such Swing Line Loan available in immediately available Dollars to the Parent Borrower on such Borrowing Date by depositing such proceeds in the Company’s Concentration Account account of the Parent Borrower with the Administrative Agent on such Borrowing DateDate in immediately available funds.

Appears in 1 contract

Samples: Credit Agreement (International Home Foods Inc)

Procedure for Swing Line Borrowing; Refunding of Swing Line Loans. (a) Whenever the Any Borrower desires that may borrow under the Swing Line Lender make Swing Line Loans Commitment on any Business Day during the Revolving Credit Commitment Period, provided (i) the proceeds of which shall be used for purposes permitted hereby other than the payment of Project Costs), it relevant Borrower shall give the Swing Line Lender irrevocable telephonic notice confirmed promptly in writing (which telephonic notice must be received by the Swing Line Lender not later than 1:00 P.M., New York City time, on the proposed Borrowing Date), specifying (iA) the amount to be borrowed and (B) the requested Borrowing Date and (ii) the requested Borrowing Date shall be no later than one Business Day prior to the Revolving Credit Termination Date. Each borrowing under the Swing Line Commitment shall be in a principal an amount equal to $500,000 100,000 or a whole multiple of $100,000 multiple 25,000 in excess thereof. Not later than 3:00 P.M., New York City time, on the Borrowing Date specified in a the borrowing notice in respect of any Swing Line LoansLoan, the Swing Line Lender shall make available to the Administrative Agent at the Funding Office an amount in immediately available funds equal to the amount of the Swing Line Loan to be made by the Swing Line Lender; provided, that the Swing Line Lender shall not be obligated to make any Swing Line Loans at a time when a Lender Default exists unless the Swing Line Lender has entered into arrangements satisfactory to it to eliminate the Swing Line Lender’s risk with respect to such Lenders’ participation in such Swing Line LoansLoan. The Administrative Agent shall make the proceeds of such Swing Line Loan available in immediately available Dollars promptly to the such Borrower on such Borrowing Date in like funds as received by depositing the Administrative Agent. Each Borrower agrees to repay any Swing Line Loan made to it on or before the first to occur of (x) one Business Day of demand therefor by the Swing Line Lender, (y) five Business Days after the date such proceeds in Swing Line Loan was made and (z) the Company’s Concentration Account on such Borrowing Revolving Credit Termination Date (with respect to each Swing Line Loan, the “Swing Line Loan Termination Date”).

Appears in 1 contract

Samples: Credit Agreement (General Growth Properties Inc)

Procedure for Swing Line Borrowing; Refunding of Swing Line Loans. (a) Whenever the The Borrower desires that may borrow under the Swing Line Lender make Swing Line Loans (Commitment on any Business Day during the proceeds of which shall be used for purposes permitted hereby other than Revolving Credit Commitment Period; provided, the payment of Project Costs), it Borrower shall give the to a Swing Line Lender irrevocable telephonic notice confirmed promptly in writing to such Swing Line Lender with a copy thereof to be provided to the Administrative Agent (and each other Swing Line Lender) (which telephonic notice must be received by the such Swing Line Lender not later than 1:00 P.M., New York City time, on the proposed Borrowing Date), specifying (i) the amount to be borrowed and borrowed, (ii) the requested Borrowing Date, (iii) the maturity date thereof and (iv) whether such Swing Line Loan will be a Eurodollar Loan, a Base Rate Loan or a Money Market Rate Loan. Each borrowing under the Swing Line Commitment shall be in a principal an amount equal to $500,000 or a whole multiple of $100,000 multiple in excess thereof. Not In no event shall the number of Swing Line Loans outstanding at any time be greater than five. The Borrower may, on any Borrowing Date for Swing Line Loans and prior to 11:00 A.M. New York City time (or such other time as may be mutually agreed by the Borrower and such Swing Line Lender), request a quote of the Money Market Rate which would be applicable for such Swing Line Loans from a Swing Line Lender, specifying the amount of the proposed Money Market Rate Loans and the maturity date thereof. Such Swing Line Lender may, but shall not be obligated to, provide the Borrower with such Money Market Rate quote and such Swing Line Lender shall, not later than 12:30 P.M. New York City time on the day of the request, either (A) provide the Borrower with the requested quote or (B) notify the Borrower of its unwillingness to provide the requested Swing Line Loans under the Money Market Rate; provided that the failure by such Swing Line Lender to provide such quote (or to notify the Borrower of such unwillingness) by such time shall be deemed as a notification of its unwillingness to provide the requested Swing Line Loans under the Money Market Rate. Upon receipt of such quote, the Borrower shall promptly (but not later than the time that an irrevocable notice requesting such Swing Line Loans must be made pursuant to this subsection 2.4(a)) notify the applicable Swing Line Lender whether it requests such Swing Line Lender to make Money Market Rate Loans at such Money Market Rate. If the Borrower does not request the Swing Line Loan at such Money Market Rate or no Swing Line Lender is willing to provide a Swing Line Loan at the Money Market Rate, the Borrower may still proceed to request a Swing Line Loan at the Base Rate or Eurodollar Rate as set forth in Section 2.3. The proceeds of each Swing Line Loan will be made available by the applicable Swing Line Lender to the Borrower not later than 3:00 P.M., P.M. New York City time, time on the Borrowing Date thereof by crediting the specified in a notice in respect of Swing Line Loans, the Swing Line Lender shall make available to the Administrative Agent at the Funding Office an amount in immediately available funds equal to the amount account of the Swing Line Loan Borrower with such proceeds in the manner from time to be made time agreed by the Borrower and the applicable Swing Line Lender; provided, provided that the Swing Line Lender shall not be obligated prior to make any Swing Line Loans at a time when a Lender Default exists unless the Swing Line Lender has entered into arrangements satisfactory to it to eliminate the Swing Line Lender’s risk with respect to such Lenders’ participation in such Swing Line Loans. The Administrative Agent shall make making the proceeds of such Swing Line Loan available in immediately to the Borrower, such Swing Line Lender receives a confirmation from the Administrative Agent that the amount of the requested Swing Line Loan is otherwise available Dollars to the Borrower on under the Revolving Credit Commitments and the Swing Line Commitment. Immediately following the funding of such Borrowing Date by depositing such proceeds in Swing Line Loan the Company’s Concentration Account on such applicable Swing Line Lender shall provide the Administrative Agent (which shall promptly forward a copy thereof to the Borrower and the other Swing Line Lenders) with a written confirmation of the amount, the Borrowing Date, whether such Swing Line Loan is a Eurodollar Loan, a Base Rate Loan or a Money Market Rate Loan and maturity of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Northwestern Corp)

Procedure for Swing Line Borrowing; Refunding of Swing Line Loans. (a) Whenever the Borrower desires that the a Swing Line Lender make Swing Line Loans (the proceeds of which shall be used for purposes permitted hereby other than the payment of Project Costs), it shall give the such Swing Line Lender irrevocable telephonic notice confirmed promptly in writing (which telephonic notice must be received by the such Swing Line Lender not later than 1:00 P.M., New York City time, on the proposed Borrowing Dateborrowing date), specifying (i) the amount to be borrowed and (ii) the requested Borrowing Dateborrowing date (which shall be a Business Day during the Commitment Period). Each A copy of each such notice shall be promptly furnished by the Borrower to the Administrative Agent. Subject to subsection 3.5, each borrowing under the Swing Line Commitment shall be in a principal an amount equal to $500,000 5,000,000 or a whole multiple of $100,000 multiple 1,000,000 in excess thereof. Not later than 3:00 P.M., New York City time, on the Borrowing Date borrowing date specified in a notice in respect of Swing Line Loans, the such Swing Line Lender shall make available to the Administrative Agent at the Funding Office its office specified in subsection 10.2 an amount in immediately available funds equal to the amount of the Swing Line Loan to be made by the such Swing Line Lender; provided, that the Swing Line Lender shall not be obligated to make any Swing Line Loans at a time when a Lender Default exists unless the Swing Line Lender has entered into arrangements satisfactory to it to eliminate the Swing Line Lender’s risk with respect to such Lenders’ participation in such Swing Line Loans. The Administrative Agent shall make the proceeds of such Swing Line Loan available in immediately available Dollars to the Borrower on such Borrowing Date by depositing crediting the account of the Borrower on the books of such proceeds office in the Company’s Concentration Account on such Borrowing Dateimmediately available funds.

Appears in 1 contract

Samples: Delphi Automotive Systems Corp

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