Common use of Refinancing of Foreign Swing Line Loans Clause in Contracts

Refinancing of Foreign Swing Line Loans. (i) The Foreign Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers (and the Borrowers hereby irrevocably authorize the Foreign Swing Line Lender to so request on its behalf), that each Revolving Lender make a Committed Revolving Loan that is a Eurocurrency Rate Loan in an amount equal to such Lender’s Revolving Commitment Percentage of the amount of Foreign Swing Line Loans then outstanding; provided that, notwithstanding anything contained herein to the contrary, any such Committed Revolving Loans made in respect of Shared Foreign Swing Line Loans that are denominated in Designated Alternative Foreign Currencies may be made in Dollars in the Dollar Equivalent thereof. Such request shall be made by the Foreign Swing Line Lender in writing (which written request shall be deemed to be a 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 Eurocurrency Rate Loans, the unutilized portion of the Aggregate Revolving Commitments or the conditions set forth in Section 5.02. The Foreign Swing Line Lender shall furnish the Borrowers with a copy of the applicable Loan Notice promptly after delivering such notice to the Administrative Agent. Each Revolving Lender shall make an amount equal to its Revolving Commitment Percentage of the amount specified in such Loan Notice available to the Administrative Agent in Same Day Funds for the account of the Foreign Swing Line Lender at the Administrative Agent’s Office not later than 1:00 p.m. on the day specified in such Loan Notice, whereupon, subject to Section 2.10(b)(ii), each Revolving Lender that so makes funds available shall be deemed to have made a Committed Revolving Loan that is a Base Rate Loan to the Borrowers in such amount. The Administrative Agent shall remit the funds so received to the Foreign Swing Line Lender.

Appears in 1 contract

Samples: Bank Credit Agreement (Fresenius Medical Care AG & Co. KGaA)

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Refinancing of Foreign Swing Line Loans. (i) The Foreign Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (and the Borrowers which hereby irrevocably authorize authorizes the Foreign Swing Line Lender to so request on its behalf), that each Revolving Lender make a Base Rate Committed Revolving Loan that is a Eurocurrency Rate Loan in an amount equal to such Lender’s Revolving Commitment Applicable Percentage of the amount of Foreign Swing Line Loans then outstanding; provided that, notwithstanding anything contained herein to the contrary, any such Committed Revolving Loans made in respect of Shared Foreign Swing Line Loans that are denominated in Designated Alternative Foreign Currencies may be made in Dollars outstanding in the Dollar Equivalent thereofof such Alternative Currency. Such request shall be made by the Foreign Swing Line Lender 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 Eurocurrency Base Rate Loans, but subject to the unutilized portion of the Aggregate Revolving Commitments or the conditions set forth in Section 5.02Commitments. The Foreign Swing Line Lender shall furnish the Borrowers Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Revolving Lender shall make an amount equal to its Revolving Commitment Applicable Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds for the account of the Foreign Swing Line Lender at the Administrative Agent’s Office for the applicable currency not later not later than 1:00 p.m. (local time) on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.10(b)(ii2.05(c)(ii), each Revolving Lender that so makes funds available shall be deemed to have made a Committed Revolving Loan that is a Base Rate Committed Loan to the Borrowers Borrower in such amount. The Administrative Agent shall remit the funds so received to the Foreign Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Dade Behring Holdings Inc)

Refinancing of Foreign Swing Line Loans. (i) The Foreign Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Bright Australia (and the Borrowers which hereby irrevocably authorize authorizes the Foreign Swing Line Lender to so request on its behalf), that each Revolving Lender make a Committed Revolving Loan that is a Eurocurrency Base Rate Loan in an amount equal to such Lender’s Revolving Commitment Applicable Percentage of the US Dollar Equivalent of the amount of any Foreign Swing Line Loans Loan then outstanding; provided that, notwithstanding anything contained herein to the contrary, any such Committed Revolving Loans made in respect of Shared Foreign Swing Line Loans that are denominated in Designated Alternative Foreign Currencies may be made in Dollars in the Dollar Equivalent thereof. Such request shall be made by the Foreign Swing Line Lender in writing (which written request shall be deemed to be a 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 Eurocurrency Base Rate Loans, the unutilized portion of the Aggregate Revolving Commitments or but subject to the conditions set forth in Section 5.025.02 (other than the delivery of a Loan Notice) and provided that, after giving effect to such Borrowing, the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. The Foreign Swing Line Lender shall furnish the Borrowers Bright Australia with a copy of the applicable Loan Notice promptly after delivering such notice to the Administrative Agent. Each Revolving Lender shall make an amount in US Dollars equal to its Revolving Commitment Applicable Percentage of the amount specified in such Loan Notice available to the Administrative Agent in Same Day Funds for the account of the Foreign Swing Line Lender at the Administrative Agent’s Office for US Dollar-denominated deposits not later than 1:00 p.m. on the day specified in such Loan Notice, whereupon, subject to Section 2.10(b)(ii2.05(c)(ii), each Revolving Lender that so makes funds available shall be deemed to have made a Committed Revolving Loan that is a Base Rate Loan to the Borrowers Bright Australia in such amount. The Administrative Agent shall remit the funds so received to the Foreign Swing Line LenderLender in US Dollars.

Appears in 1 contract

Samples: Credit Agreement (Brightpoint Inc)

Refinancing of Foreign Swing Line Loans. (i) The Foreign Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers (and the Borrowers hereby irrevocably authorize the Foreign Swing Line Lender to so request on its behalf), that each Revolving Lender make a Committed Revolving Loan that is a Eurocurrency Rate Loan in an amount equal to such Lender’s 's Revolving Commitment Percentage of the amount of Foreign Swing Line Loans then outstanding; provided that, notwithstanding anything contained herein to the contrary, any such Committed Revolving Loans made in respect of Shared Foreign Swing Line Loans that are denominated in Designated Alternative Foreign Currencies may be made in Dollars in the Dollar Equivalent thereof. Such request shall be made by the Foreign Swing Line Lender in writing (which written request shall be deemed to be a 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 Eurocurrency Rate Loans, the unutilized portion of the Aggregate Revolving Commitments or the conditions set forth in Section 5.02. The Foreign Swing Line Lender shall furnish the Borrowers with a copy of the applicable Loan Notice promptly after delivering such notice to the Administrative Agent. Each Revolving Lender shall make an amount equal to its Revolving Commitment Percentage of the amount specified in such Loan Notice available to the Administrative Agent in Same Day Funds for the account of the Foreign Swing Line Lender at the Administrative Agent’s 's Office not later than 1:00 p.m. on the day specified in such Loan Notice, whereupon, subject to Section 2.10(b)(ii), each Revolving Lender that so makes funds available shall be deemed to have made a Committed Revolving Loan that is a Base Rate Loan to the Borrowers in such amount. The Administrative Agent shall remit the funds so received to the Foreign Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Fresenius Medical Care Holdings Inc /Ny/)

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Refinancing of Foreign Swing Line Loans. (i) The Foreign Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers (and the Borrowers which hereby irrevocably authorize request the Foreign Swing Line Lender to so request act on its their behalf), that each Revolving Lender make a Committed Revolving Loan that is a Eurocurrency Rate Loan in an amount equal to such Lender’s Revolving Commitment Applicable Percentage of the amount of Foreign Swing Line Loans then outstanding; provided that, notwithstanding anything contained herein to the contrary, any such Committed Revolving Loans made in respect of Shared Foreign Swing Line Loans that are denominated in Designated Alternative Foreign Currencies may be made in Dollars in the Dollar Equivalent thereof. Such request shall be made by the Foreign Swing Line Lender 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 2.022.2, without regard to the minimum and multiples specified therein for the principal amount of Eurocurrency Rate Loans, but subject to the unutilized portion of the Aggregate Revolving Commitments or and the conditions set forth in Section 5.024.3. The Foreign Swing Line Lender shall furnish the Borrowers Company with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Revolving Lender shall make an amount equal to its Revolving Commitment Applicable Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds for the account of the Foreign Swing Line Lender at the Administrative Agent’s Office not later than 1:00 p.m. p.m., Chicago time, on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.10(b)(ii2.5(c)(ii), each Revolving Lender that so makes funds available shall be deemed to have made a Committed Revolving Loan that is a Base Eurocurrency Rate Loan to the Borrowers in such amount. The Administrative Agent shall remit the funds so received to the Foreign Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Andrew Corp)

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