Common use of Refinancing of Alternative Currency Swing Line Loans Clause in Contracts

Refinancing of Alternative Currency Swing Line Loans. (A) Unless the Company has repaid any Alternative Currency Swing Line Loan then outstanding by 11 a.m. on the Swing Line Repayment Date, the Alternative Currency Swing Line Lender or the Administrative Agent shall, no later than 12 noon on the Swing Line Repayment Date, or at any time prior thereto in its sole discretion may, request, on behalf of the Company (which hereby irrevocably authorizes the Alternative Currency Swing Line Lender to so request on its behalf), that each Alternative Currency Lender make a Base Rate Committed Loan in Dollars to the Company in an amount equal to such Lender’s Applicable Alternative Currency Percentage of the amount of Alternative Currency Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate Alternative Currency Commitments and the conditions set forth in Section 4.02. The Alternative Currency Swing Line Lender shall furnish the Company with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Alternative Currency Lender shall make an amount equal to its Applicable Alternative Currency Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Alternative Currency Swing Line Loan) for the account of the Alternative Currency Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the Swing Line Repayment Date, whereupon, subject to Section 2.05(b)(iii)(B), each Alternative Currency Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the Company in such amount. The Administrative Agent shall remit the funds so received to the Alternative Currency Swing Line Lender. (B) If for any reason any Alternative Currency Swing Line Loan cannot be refinanced by a Committed Borrowing in accordance with Section 2.05(b)(iii)(A), the request for Base Rate Committed Loans submitted by the Alternative Currency Swing Line Lender as set forth herein shall be deemed to be a request by the Alternative Currency Swing Line Lender that each of the Alternative Currency Lenders fund its risk participation in the relevant Alternative Currency Swing Line Loan and each Lender’s payment to the Administrative Agent for the account of the Swing Line Lender pursuant to Section 2.05(b)(iii)(A) shall be deemed payment in respect of such participation. (C) If any Alternative Currency Lender fails to make available to the Administrative Agent for the account of the Alternative Currency Swing Line Lender any amount required to be paid by such Alternative Currency Lender pursuant to the foregoing provisions of this Section 2.05(b)(iii) by the time specified in Section 2.05(b)(iii)(A), the Alternative Currency Swing Line Lender shall be entitled to recover from such Alternative Currency Lender (acting through the Administrative Agent), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the Alternative Currency Swing Line Lender at a rate per annum equal to the applicable Overnight Rate from time to time in effect, plus any administrative, processing or similar fees customarily charged by the Alternative Currency Swing Line Lender in connection with the foregoing. If such Alternative Currency Lender pays such amount (with interest and fees as aforesaid), the amount so paid (other than such interest and fees) shall constitute such Lender’s Committed Loan included in the relevant Committed Borrowing or funded participation in the relevant Alternative Currency Swing Line Loan, as the case may be, as of the date of such Committed Borrowing or participation. A certificate of the Alternative Currency Swing Line Lender submitted to any Alternative Currency Lender (through the Administrative Agent) with respect to any amounts owing under this clause (C) shall be conclusive absent manifest error. (D) Each Alternative Currency Lender’s obligation to make Alternative Currency Committed Loans or to purchase and fund risk participations in Alternative Currency Swing Line Loans pursuant to this Section 2.05(b)(iii) shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any setoff, counterclaim, recoupment, defense or other right which such Alternative Currency Lender may have against the Alternative Currency Swing Line Lender, the Company or any other Person for any reason whatsoever, (ii) the occurrence or continuance of a Default or an Event of Default, or (iii) any other occurrence, event or condition, whether or not similar to any of the foregoing; provided, however, that each Alternative Currency Lender’s obligation to make Alternative Currency Committed Loans pursuant to this Section 2.05(b)(iii) is subject to the conditions set forth in Section 4.02. No such funding of risk participations shall relieve or otherwise impair the obligation of the Company to repay Alternative Currency Swing Line Loans, together with interest as provided herein.