Common use of Procedure for Swing Line Loans Clause in Contracts

Procedure for Swing Line Loans. (a) Each Borrower may borrow under the Swing Line Sublimit on any Business Day until the Revolving Termination Date; provided, that, (i) in the case of a borrowing of Swing Line Loans provided by a Swing Line Lender to a Subsidiary Borrower, such Swing Line Lender shall have agreed to provide Swing Line Loans to such Subsidiary Borrower, and (ii) the applicable Borrower shall give the applicable Swing Line Lender irrevocable written notice signed by a Responsible Officer of such Borrower (which notice must be received by the applicable Swing Line Lender prior to 2:00 p.m. (local time) (or such later time as may be agreed by the applicable Swing Line Lender in its sole discretion)) with a copy to the Agent specifying the amount of the requested Swing Line Loan, which shall be in an integral multiple of $100,000. Unless the applicable Swing Line Lender has received prior notice (by telephone or in writing) from the Agent on the date of the proposed Swing Line Loan that one or more of the applicable conditions specified in Article V is not then satisfied, the proceeds of a requested Swing Line Loan will be made available by such Swing Line Lender to the applicable Borrower in Same Day Funds at the office of such Swing Line Lender by 4:00 p.m. (local time) on the date of such notice of borrowing (or such later time as may be agreed by the applicable Borrower and the applicable Swing Line Lender in the case of any Swing Line Loan being made pursuant to a notice of borrowing received after 2:00 p.m. (local time)). The Company may at any time and from time to time, prepay the Swing Line Loans, in whole or in part, without premium or penalty, by notifying the applicable Swing Line Lender prior to 2:00 p.m. (local time) (or such later time as may be agreed by the applicable Swing Line Lender in its sole discretion) on any Business Day of the date and amount of prepayment with a copy to the Agent. If any such notice is given, the amount specified in such notice shall be due and payable on the date specified therein. Partial prepayments shall be in an integral multiple of $100,000.

Procedure for Swing Line Loans. (a) Each Borrower may borrow under Unless the Swing Line Sublimit Lender has notified the Borrower that the Swing Line has been terminated or suspended as provided in Section 2.1.3, each request by the Borrower for a Swing Line Loan hereunder must be given by the Borrower to the Swing Line Lender and the Agent not later than 1:00 p.m.. (Denver time) on any the Business Day until on which such Swing Line Loan is proposed to be made. Each request for a Swing Line Loan hereunder shall be irrevocable and shall be deemed a representation by the Revolving Termination Date; provided, that, Borrower that on the requested Loan Date and after giving effect to the requested Swing Line Loan the applicable conditions specified in Article VIII have been and will be satisfied. Each request for a Swing Line Loan hereunder shall specify (i) the requested Loan Date, (ii) the amount of the Swing Line Loan to be made on such date (and, in the case of a borrowing of requested Swing Line Loans provided by a Swing Line Lender to a Subsidiary BorrowerBond Loan, such Swing Line Lender shall have agreed to provide Swing Line Loans to such Subsidiary Borrower, and (ii) the applicable Borrower shall give the applicable Swing Line Lender irrevocable written notice signed by a Responsible Officer of such Borrower (which notice must be received by the applicable Swing Line Lender prior to 2:00 p.m. (local time) (or such later time as may be agreed by the applicable Swing Line Lender in its sole discretion)) with a copy to the Agent specifying the amount of the requested purchase price or principal payment of the Bonds to be financed by such Swing Line Bond Loan), which shall be in a minimum amount of $100,000 and an integral multiple of $100,000. Unless the applicable Swing Line Lender has received prior written notice (by telephone or in writing) from the Agent on (i) directing the date of the proposed Swing Line Lender not to make such Swing Line Loan that one or more as a result of the limitations set forth in the first proviso to the first sentence of Section 2.1.3(a) or (ii) that any applicable conditions condition specified in Article V is VIII has not then satisfiedbeen satisfied or waived, the proceeds of a requested Swing Line Loan Agent will be made make available by such Swing Line Lender to the applicable Borrower in Same Day Funds at the Agent's principal office of such Swing Line Lender by 4:00 in Denver, Colorado in immediately available funds not later than 2:30 p.m. (local Denver time) on the date requested Loan Date the amount of such notice of borrowing (or such later time as may be agreed by the applicable Borrower and the applicable requested Swing Line Lender in Loans to the case of any Swing Line Loan being made pursuant to a notice of borrowing extent received after 2:00 p.m. (local time)). The Company may at any time and from time to time, prepay the Swing Line Loans, in whole or in part, without premium or penalty, by notifying the applicable Swing Line Lender prior to 2:00 p.m. (local time) (or such later time as may be agreed by the applicable Swing Line Lender in its sole discretion) on any Business Day of the date and amount of prepayment with a copy to the Agent. If any such notice is given, the amount specified in such notice shall be due and payable on the date specified therein. Partial prepayments shall be in an integral multiple of $100,000Lender.

Procedure for Swing Line Loans. (a) Each Borrower may borrow under Unless the Swing Line Sublimit Lender has notified the Borrower that the Swing Line has been terminated or suspended as provided in Section 2.1.3, each request by the Borrower for a Swing Line Loan hereunder must be given by the Borrower to the Swing Line Lender and the Agent not later than 1:00 p.m. (Denver time) on any the Business Day until on which such Swing Line Loan is proposed to be made. Each request for a Swing Line Loan hereunder shall be irrevocable and shall be deemed a representation by the Revolving Termination Date; provided, that, Borrower that on the requested Loan Date and after giving effect to the requested Swing Line Loan the applicable conditions specified in Article VIII have been and will be satisfied. Each request for a Swing Line Loan hereunder shall specify (i) in the case of a borrowing of Swing Line Loans provided by a Swing Line Lender to a Subsidiary Borrowerrequested Loan Date, such Swing Line Lender shall have agreed to provide Swing Line Loans to such Subsidiary Borrower, and (ii) the applicable Borrower shall give the applicable Swing Line Lender irrevocable written notice signed by a Responsible Officer of such Borrower (which notice must be received by the applicable Swing Line Lender prior to 2:00 p.m. (local time) (or such later time as may be agreed by the applicable Swing Line Lender in its sole discretion)) with a copy to the Agent specifying the amount of the requested Swing Line LoanLoan to be made on such date, which shall be in a minimum amount of $100,000 and an integral multiple of $100,000. Unless the applicable Swing Line Lender has received prior written notice (by telephone or in writing) from the Agent on (i) directing the date of the proposed Swing Line Lender not to make such Swing Line Loan that one or more as a result of the limitations set forth in the first proviso to the first sentence of Section 2.1.3(a) or (ii) that any applicable conditions condition specified in Article V is VIII has not then satisfiedbeen satisfied or waived, the proceeds of a requested Swing Line Loan Agent will be made make available by such Swing Line Lender to the applicable Borrower in Same Day Funds at the Agent’s principal office of such Swing Line Lender by 4:00 in Denver, Colorado in immediately available funds not later than 2:30 p.m. (local Denver time) on the date requested Loan Date the amount of such notice of borrowing (or such later time as may be agreed by the applicable Borrower and the applicable requested Swing Line Lender in Loans to the case of any Swing Line Loan being made pursuant to a notice of borrowing extent received after 2:00 p.m. (local time)). The Company may at any time and from time to time, prepay the Swing Line Loans, in whole or in part, without premium or penalty, by notifying the applicable Swing Line Lender prior to 2:00 p.m. (local time) (or such later time as may be agreed by the applicable Swing Line Lender in its sole discretion) on any Business Day of the date and amount of prepayment with a copy to the Agent. If any such notice is given, the amount specified in such notice shall be due and payable on the date specified therein. Partial prepayments shall be in an integral multiple of $100,000Lender.

Procedure for Swing Line Loans. Not later than 2:00 P.M. (aCentral time) Each Borrower may borrow under on the requested Swing Line Loan Date, Borrower’s Agent shall submit to the Swing Line Sublimit Lender a verbal, written or electronic request for borrowing. Each request for Swing Line Loans hereunder shall be irrevocable and shall be deemed a representation by each Borrower that on any Business Day until the Revolving Termination Date; provided, that, requested Swing Line Loan Date and after giving effect to the requested Swing Line Loans the applicable conditions specified in Article III have been and will be satisfied. Each request for Swing Line Loans hereunder shall specify (i) in the case of a borrowing of requested Swing Line Loans provided by a Swing Line Lender to a Subsidiary Borrower, such Swing Line Lender shall have agreed to provide Swing Line Loans to such Subsidiary BorrowerLoan Date, and (ii) the applicable aggregate amount of Swing Line Loans to be made on such date. The Administrative Agent may rely on any telephone request of the Borrower’s Agent for Swing Line Loans hereunder which it believes in good faith to be genuine; and each Borrower shall give hereby waives the applicable right to dispute the Administrative Agent’s record of the terms of such telephone request. Unless the Swing Line Lender irrevocable written notice signed by a Responsible Officer of such Borrower (which notice must be received by determines that any applicable condition specified in Article III has not been satisfied, the applicable Swing Line Lender prior will make available to 2:00 p.m. the Borrowers in Immediately Available Funds not later than 4:00 P.M. (local Central time) (or such later time as may be agreed by on the applicable requested Swing Line Lender in its sole discretion)) with a copy to the Agent specifying Loan Date, the amount of the requested Swing Line Loan, which shall be in an integral multiple of $100,000. Unless the applicable Swing Line Lender has received prior notice (by telephone or in writing) from the Agent on the date of the proposed Swing Line Loan that one or more of the applicable conditions specified in Article V is not then satisfied, the proceeds of a requested Swing Line Loan will be made available by such Swing Line Lender to the applicable Borrower in Same Day Funds at the office of such Swing Line Lender by 4:00 p.m. (local time) on the date of such notice of borrowing (or such later time as may be agreed by the applicable Borrower and the applicable Swing Line Lender in the case of any Swing Line Loan being made pursuant to a notice of borrowing received after 2:00 p.m. (local time)). The Company may at any time and from time to time, prepay the Swing Line Loans, in whole or in part, without premium or penalty, by notifying the applicable Swing Line Lender prior to 2:00 p.m. (local time) (or such later time as may be agreed by the applicable Swing Line Lender in its sole discretion) on any Business Day of the date and amount of prepayment with a copy to the Agent. If any such notice is given, the amount specified in such notice shall be due and payable on the date specified therein. Partial prepayments shall be in an integral multiple of $100,000.

Procedure for Swing Line Loans. (a) Each Borrower may borrow under Unless the Swing Line Sublimit Lender has notified the Borrower that the Swing Line has been terminated or suspended as provided in Section 2.1.3, each request by the Borrower for a Swing Line Loan hereunder must be given by the Borrower to the Swing Line Lender and the Agent not later than 1:00 p.m. (Denver time) on any the Business Day until on which such Swing Line Loan is proposed to be made. Each request for a Swing Line Loan hereunder shall be irrevocable and shall be deemed a representation by the Revolving Termination Date; provided, that, Borrower that on the requested Loan Date and after giving effect to the requested Swing Line Loan the applicable conditions specified in Article VIII have been and will be satisfied. Each request for a Swing Line Loan hereunder shall specify (i) the requested Loan Date, (ii) the amount of the Swing Line Loan to be made on such date (and, in the case of a borrowing of requested Swing Line Loans provided by a Swing Line Lender to a Subsidiary BorrowerBond Loan, such Swing Line Lender shall have agreed to provide Swing Line Loans to such Subsidiary Borrower, and (ii) the applicable Borrower shall give the applicable Swing Line Lender irrevocable written notice signed by a Responsible Officer of such Borrower (which notice must be received by the applicable Swing Line Lender prior to 2:00 p.m. (local time) (or such later time as may be agreed by the applicable Swing Line Lender in its sole discretion)) with a copy to the Agent specifying the amount of the requested purchase price or principal payment of the Bonds to be financed by such Swing Line Bond Loan), which shall be in a minimum amount of $100,000 and an integral multiple of $100,000. Unless the applicable Swing Line Lender has received prior written notice (by telephone or in writing) from the Agent on (i) directing the date of the proposed Swing Line Lender not to make such Swing Line Loan that one or more as a result of the limitations set forth in the first proviso to the first sentence of Section 2.1.3(a) or (ii) that any applicable conditions condition specified in Article V is VIII has not then satisfiedbeen satisfied or waived, the proceeds of a requested Swing Line Loan Agent will be made make available by such Swing Line Lender to the applicable Borrower in Same Day Funds at the Agent's principal office of such Swing Line Lender by 4:00 in Denver, Colorado in immediately available funds not later than 2:30 p.m. (local Denver time) on the date requested Loan Date the amount of such notice of borrowing (or such later time as may be agreed by the applicable Borrower and the applicable requested Swing Line Lender in Loans to the case of any Swing Line Loan being made pursuant to a notice of borrowing extent received after 2:00 p.m. (local time)). The Company may at any time and from time to time, prepay the Swing Line Loans, in whole or in part, without premium or penalty, by notifying the applicable Swing Line Lender prior to 2:00 p.m. (local time) (or such later time as may be agreed by the applicable Swing Line Lender in its sole discretion) on any Business Day of the date and amount of prepayment with a copy to the AgentLender. If any such notice is given, the amount specified in such notice shall be due and payable on the date specified therein. Partial prepayments shall be in an integral multiple of $100,000.National Beef Packing Company Credit Agreement 28