Provisions Relating to Swingline Availability Clause Samples

Provisions Relating to Swingline Availability. (1) While Scotia Capital is the sole Lender making Advances under the Swingline Availability, its participation in Advances under Credit B which are not made under the Swingline Availability (“Non Swingline Advances”) shall be reduced, and the participations of the other Lenders in such Non Swingline Advances shall be increased, and such participations may be adjusted from time to time, as determined by the Agent, so that each Lender’s overall Applicable Percentage of the aggregate of all Advances under Credit B is, to the greatest extent practicable, as provided in Schedule E to this Agreement. For greater certainty, the aggregate of Advances outstanding under the Swingline Availability and Non Swingline Advances made by Scotia Capital shall not at any time exceed Scotia Capital’s Commitment in respect of Credit B, and if it does, Convergys CMG Canada Limited Partnership shall repay Advances outstanding under the Swingline Availability in an amount to eliminate such excess as soon as possible and, in any event, immediately following notice thereof by the Agent. (2) Notwithstanding that Advances under the Swingline Availability are from time to time made by Scotia Capital and Scotia Capital’s participation in Non Swingline Advances is reduced, and the participation of the other Lenders in Non Swingline Advances is increased in accordance with Section 6.21(1), it is the intention of the parties that the ultimate credit risk and exposure of each Lender in respect of Credit B be in accordance with its Applicable Percentage of the entire amount of Credit B. Accordingly, upon the Obligations becoming due and payable under Section 9.2, each Lender shall (and hereby absolutely, unconditionally and irrevocably agrees to) do all such things, including delivery of indemnity agreements and assignments to other Lenders of Advances made by Scotia Capital under the Swingline Availability or assignments to Scotia Capital of Non Swingline Advances made by other Lenders as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the Obligors. If any Lender fails to take the actions required by this Section, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Lender’s failure. (3) Subject to the provisions of Section 6.21(2) regarding the assignment of interests...