Common use of Refinancing of Swing Line Loans Clause in Contracts

Refinancing of Swing Line Loans. (i) The Swing Line Lenders at any time in their respective sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower hereby irrevocably authorizes each Swing Line Agent to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. 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 2.2, 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 Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the Swing Line Lenders at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.

Appears in 10 contracts

Samples: Assignment and Assumption (Toyota Motor Credit Corp), Five Year Credit Agreement (Toyota Motor Credit Corp), Assignment and Assumption (Toyota Motor Credit Corp)

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Refinancing of Swing Line Loans. (i) The Swing Line Lenders at any time in their respective sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower hereby irrevocably authorizes each Swing Line Agent to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative CurrencyCurrency or Australian Dollars. 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 2.2, 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 Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Applicable Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative Applicable Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the applicable Swing Line Lenders at the Administrative Agent’s Office, the Canadian Sub-Agent’s Office or the Canadian Australian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower in such amount. The Administrative Applicable Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.

Appears in 8 contracts

Samples: Five Year Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower which hereby irrevocably authorizes each the Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower (with respect to Swing Line Loans denominated in Dollars) or a Canadian Prime Rate Loan (with respect to Swing Line Loans denominated in Canadian Dollars), in each case, in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Applicable Percentage of the amount of Swing Line Loans made to denominated in such Borrower and currency then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. 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 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans or Canadian Prime Rate Loans, but subject to the unutilized portion of the Aggregate Commitments and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 2:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan (with respect Swing Line Loans denominated in Dollars) or Canadian Prime Rate Loan (with respect Swing Line Loans denominated in Canadian Dollars) to the applicable Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line LendersLender.

Appears in 5 contracts

Samples: Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains Gp Holdings Lp), Credit Agreement (Plains Gp Holdings Lp)

Refinancing of Swing Line Loans. (i) The Applicable Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Applicable Borrower (and each Borrower which hereby irrevocably authorizes each the Applicable Swing Line Agent Lender to so request on its behalf), or the Applicable Borrower at any time in its sole and absolute discretion may request, that each Applicable Tranche Lender make a Base Rate Committed (A) with respect to U.S. Swing Line Loans, an ABR Loan for the account of such Borrower in an amount equal to such Lender’s ratable share U.S. Revolving Pro Rata Percentage of (A) the amount of U.S. Swing Line Loans made then outstanding and (B)(1) with respect to such Borrower and then outstanding, in the case of Canadian Swing Line Loans denominated in US DollarsCanadian dollars, a Canadian Prime Rate Loan or (B2) the Dollar Equivalent of the amount of Swing Line Loans made with respect to such Borrower and then outstanding, in the case of Canadian Swing Line Loans denominated in any Alternative CurrencyU.S. Dollars, a U.S. Base Rate Loan, in each case in an amount equal to such Lender’s Canadian Revolving Pro Rata Percentage of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice Borrowing Request for purposes hereof) and in accordance with the requirements of Section 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of ABR Loans, Canadian Prime Rate Loans or U.S. Base Rate Loans, as applicable, but subject to the unutilized portion of the Aggregate Total U.S. Revolving Commitments or Total Canadian Revolving Commitments, as applicable, and the conditions set forth in Section 4.24.01. The applicable Applicable Swing Line Agent Lender or the Applicable Borrower, as applicable, shall furnish to the applicable Borrower with other a copy of the applicable Committed Loan Notice Borrowing Request promptly after delivering such notice to the Applicable Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share Applicable Pro Rata Percentage of the amount specified in such Committed Loan Notice Borrowing Request available to the Applicable Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the Applicable Swing Line Lenders Lender at the office designated by the Applicable Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments Agent not later than 1:00 p.m. (Standard Time) on the day specified in such Committed Loan NoticeBorrowing Request, whereupon, subject to Section 2.16(c)(ii2.23(c)(ii), each Applicable Lender that so makes funds available shall be deemed to have made a ABR Loan, Canadian Prime Rate Loan or U.S. Base Rate Committed Loan Loan, as applicable, to the applicable Applicable Borrower in such amount. The Applicable Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Applicable Swing Line LendersLender.

Appears in 3 contracts

Samples: Syndicated Facility Agreement (Civeo Corp), Syndicated Facility Agreement (Civeo Corp), Security Agreement (Oil States International, Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender, at any time in their respective its sole and absolute discretion discretion, may direct the applicable Swing Line Agent to request, on behalf of the Domestic Borrowers, the Canadian Borrower or the Foreign Borrower, as applicable Borrower (and each Borrower which hereby irrevocably authorizes each authorize the Swing Line Agent Lender to so request on its their behalf), that each Applicable Tranche Domestic Lender or each Canadian Lender, as applicable, make a Base Prime Rate Committed Loan for the account of such Borrower in an amount equal to such Domestic Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstandingor Canadian Lender’s Applicable Percentage, in as the case of Swing Line Loans denominated in US Dollarsmay be, or (B) the Dollar Equivalent of the amount of Swing Line Loans made then outstanding to such the Domestic Borrowers or the Canadian Borrower and then outstandingor the Foreign Borrower, in as applicable; provided that the case of Swing Line Lender shall settle the Swing Line Loans denominated with the Lenders weekly in any Alternative Currencyaccordance with Section 2.14(a). 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 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of Base Prime Rate Loans, but subject to the unutilized portion of the Aggregate Domestic Total Commitments or the Canadian Total Commitments, as applicable, and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable Parent, the Canadian Borrower or the Foreign Borrower, as applicable, with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Domestic Lender or each Canadian Lender, as applicable, shall make an amount equal to its ratable share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Domestic Lender or each Canadian Lender, as applicable, that so makes funds available shall be deemed to have made a Base Domestic Prime Rate Committed Loan to the applicable Borrower Domestic Borrowers or a Canadian Prime Rate Loan or U.S. Index Rate Loan, as applicable, to the Canadian Borrower, as applicable, in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable applicable, shall remit the funds so received to the Swing Line LendersLender.

Appears in 3 contracts

Samples: Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower which hereby irrevocably authorizes each the Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Revolving Lender make a Base Rate Committed Loan for (in the account case of such Borrower U.S. Dollar Swing Line Loans) or that each Multicurrency Revolving Lender make a Canadian Prime Rate Committed Loan (in the case of Canadian Dollar Swing Line Loans), as applicable, in an amount equal to such Revolving Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. 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 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, Canadian Prime Rate Loans or LIBOR Rate Loans, but subject to the unutilized portion of the Aggregate Commitments and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicableAgents. Each Applicable Tranche Revolving Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative applicable Agent or in immediately available funds in the Canadian Sub-Agent, as applicable, in Same Day Funds requested currency for the account of the Swing Line Lenders Lender at the Administrative Global Agent’s Office or the Canadian Sub-U.S. Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Revolving Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or Canadian Prime Rate Committed Loan, as applicable, to the applicable Borrower in such amount. The Administrative applicable Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line LendersLender.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Assignment and Assumption (Waste Connections, Inc.)

Refinancing of Swing Line Loans. (i) The Domestic Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Parent Borrower (and each Borrower which hereby irrevocably requests and authorizes each the Domestic Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Applicable Percentage of the amount of Domestic Swing Line Loans made then outstanding. The Canadian Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Canadian Borrower (which hereby irrevocably requests and authorizes the Canadian Swing Line Lender to so request on its behalf), that each Lender make a Base Rate Loan in an amount equal to such Borrower and then outstanding, in Lender’s Applicable Percentage of the case amount of Canadian Swing Line Loans denominated in any Alternative Currencythen outstanding. Such request requests 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 2.22.02, 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 Commitments and the conditions set forth in Section 4.25.02 (other than the delivery of a Loan Notice) and provided that, after giving effect to such Borrowing, (x) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments and (y) with respect to a Borrowing of the Canadian Borrower, the Total Revolving Canadian Outstandings shall not exceed the Canadian Borrower Sublimit. The applicable Each Swing Line Agent Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the applicable Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Domestic Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds (and the Administrative Agents may apply Cash Collateral available with respect to the Domestic Swing Line Loan) for the account of the Domestic Swing Line Lenders Lender at the Domestic Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments deposits not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Parent Borrower in such amount. The Each Lender shall make an amount equal to its Applicable Percentage of the amount specified in such Loan Notice available to the Canadian Administrative Agent or in Same Day Funds (and the Administrative Agents may apply Cash Collateral available with respect to the Canadian SubSwing Line Loan) for the account of the Canadian Swing Line Lender at the Canadian Administrative Agent’s Office for Canadian Dollar-Agentdenominated deposits or Dollar-denominated deposits, as applicable applicable, not later than 1:00 p.m. on the day specified in such Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the Canadian Borrower in such amount. Each Administrative Agent shall remit the funds so received to the applicable Swing Line LendersLender.

Appears in 2 contracts

Samples: Credit Agreement (Graybar Electric Co Inc), Credit Agreement (Graybar Electric Co Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower which hereby irrevocably authorizes each the Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Revolving Lender make a Revolving Loan that is a Base Rate Committed Loan for the account of such Borrower or a Canadian Prime Rate Loan, as applicable, in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Pro Rata Share of the amount of Swing Line Loans made to such Borrower and then outstanding, in outstanding (the case of “Refunded Swing Line Loans denominated in any Alternative CurrencyLoans”). Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Funding Notice for purposes hereof) and in accordance with the requirements of Section 2.2, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans or Canadian Prime Rate Loans, as applicable, but subject to the unutilized portion of the Aggregate Revolving Commitments and the conditions set forth in Section 4.23.3. The applicable Swing Line Agent Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan deemed Funding Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Revolving Lender shall make an amount equal to its ratable share Pro Rata Share of the amount Refunded Swing Line Loans specified in such Committed Loan deemed Funding Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds (and Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lenders Lender at the Administrative Agent’s Principal Office for Dollar- or the Canadian SubCanadian- Dollar-Agent’s Officedenominated payments, as applicable, for US Dollar-denominated payments designated by the Swing Line Lender not later than 1:00 p.m. (New York City time) on the day specified in such Committed Loan deemed Funding Notice, whereupon, subject to Section 2.16(c)(ii2.4(c)(ii), each Revolving Lender that so makes funds available shall be deemed to have made a Revolving Loan that is a Base Rate Committed Loan or a Canadian Prime Rate Loan, as applicable, to the applicable Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line LendersLender.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Atlantic Power Corp), Operations and Maintenance Agreement (Atlantic Power Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender, at any time in their respective its sole and absolute discretion discretion, may direct the applicable Swing Line Agent to request, on behalf of the Domestic Borrowers or the Canadian Borrower, as applicable Borrower (and each Borrower which hereby irrevocably authorizes each authorize the Swing Line Agent Lender to so request on its their behalf), that each Applicable Tranche Domestic Lender or each Canadian Lender, as applicable, make a Base Prime Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Applicable Percentage of the amount of Swing Line Loans made then outstanding to such Borrower and then outstandingthe Domestic Borrowers or the Canadian Borrower, in as applicable; provided that the case of Swing Line Lender shall settle the Swing Line Loans denominated with the Lenders weekly in any Alternative Currencyaccordance with Section 2.14(a). 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 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of Base Prime Rate Loans, but subject to the unutilized portion of the Aggregate Domestic Commitments or the Aggregate Canadian Commitments, as applicable, and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable Lead Borrower or the Canadian Borrower, as applicable, with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Domestic Lender or each Canadian Lender, as applicable, shall make an amount equal to its ratable share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Domestic Lender or each Canadian Lender, as applicable, that so makes funds available shall be deemed to have made a Base Domestic Prime Rate Committed Loan to the applicable Borrower Domestic Borrowers or a Canadian Prime Rate Loan to the Canadian Borrower, as applicable, in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable applicable, shall remit the funds so received to the Swing Line LendersLender.

Appears in 2 contracts

Samples: Joinder Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders at any time in their respective sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower hereby irrevocably authorizes each Swing Line Agent to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan or a Committed Tranche C Loan, as applicable, for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative CurrencyCurrency or (C) the amount of Swing Line Loans made to the Tranche C Borrower. 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 2.2, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans or Committed Tranche C Loans, but subject to the unutilized portion of the Aggregate Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Applicable Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative Applicable Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the applicable Swing Line Lenders at (x) the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments or (y) the Australian Sub-Agent’s Office for Australian Dollar-denominated payments, in each case not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or a Committed Tranche C Loan, as applicable, to the applicable Borrower in such amount. The Administrative Applicable Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.

Appears in 2 contracts

Samples: Five Year Credit Agreement (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender, at any time in their respective its sole and absolute discretion discretion, may direct the applicable Swing Line Agent to request, on behalf of the Domestic Borrowers or the Canadian Borrower, as applicable Borrower (and each Borrower which hereby irrevocably authorizes each authorize the Swing Line Agent Lender to so request on its their behalf), that each Applicable Tranche Domestic Lender or each Canadian Lender, as applicable, make a Base Prime Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Applicable Percentage of the amount of Swing Line Loans made then outstanding to such Borrower and then outstandingthe Domestic Borrowers or the Canadian Borrower, in as applicable; provided that the case of Swing Line Lender shall settle the Swing Line Loans denominated with the Lenders weekly in any Alternative Currencyaccordance with Section 2.12(a). 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 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of Base Prime Rate Loans, but subject to the unutilized portion of the Aggregate Domestic Commitments or the Aggregate Canadian Commitments, as applicable, and the conditions set forth in Section 4.20. The applicable Swing Line Agent Lender shall furnish the applicable Lead Borrower or the Canadian Borrower, as applicable, with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Domestic Lender or each Canadian Lender, as applicable, shall make an amount equal to its ratable share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Domestic Lender or each Canadian Lender, as applicable, that so makes funds available shall be deemed to have made a Base Domestic Prime Rate Committed Loan to the applicable Borrower Domestic Borrowers or a Canadian Prime Rate Loan to the Canadian Borrower, as applicable, in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable applicable, shall remit the funds so received to the Swing Line LendersLender.

Appears in 2 contracts

Samples: Joinder Agreement (Quiksilver Inc), Credit Agreement (Quiksilver Inc)

Refinancing of Swing Line Loans. (i) The Applicable Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Applicable Borrower (and each Borrower which hereby irrevocably authorizes each the Applicable Swing Line Agent Lender to so request on its behalf), or the Applicable Borrower at any time in its sole and absolute discretion may request, that each Applicable Tranche Lender make a Base Rate Committed (A) with respect to U.S. Swing Line Loans, an ABR Loan for the account of such Borrower in an amount equal to such Lender’s ratable share U.S. Revolving Pro Rata Percentage of (A) the amount of U.S. Swing Line Loans made then outstanding and (B)(1) with respect to such Borrower and then outstanding, in the case of Canadian Swing Line Loans denominated in US DollarsCanadian dollars, a Canadian Prime Rate Loan or (B2) the Dollar Equivalent of the amount of Swing Line Loans made with respect to such Borrower and then outstanding, in the case of Canadian Swing Line Loans denominated in any Alternative CurrencyU.S. dollars, a U.S. Base Rate Loan, in each case in an amount equal to such Lender’s Canadian Revolving Pro Rata Percentage of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice Borrowing Request for purposes hereof) and in accordance with the requirements of Section 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of ABR Loans, Canadian Prime Rate Loans or U.S. Base Rate Loans, as applicable, but subject to the unutilized portion of the Aggregate Total U.S. Revolving Commitments or Total Canadian Revolving Commitments, as applicable, and the conditions set forth in Section 4.24.01. The applicable Applicable Swing Line Agent Lender or the Applicable Borrower, as applicable, shall furnish to the applicable Borrower with other a copy of the applicable Committed Loan Notice Borrowing Request promptly after delivering such notice to the Applicable Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share Applicable Pro Rata Percentage of the amount specified in such Committed Loan Notice Borrowing Request available to the Applicable Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the Applicable Swing Line Lenders Lender at the office designated by the Applicable Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments Agent not later than 1:00 p.m. (Standard Time) on the day specified in such Committed Loan NoticeBorrowing Request, whereupon, subject to Section 2.16(c)(ii2.23(c)(ii), each Applicable Lender that so makes funds available shall be deemed to have made a ABR Loan, Canadian Prime Rate Loan or U.S. Base Rate Committed Loan Loan, as applicable, to the applicable Applicable Borrower in such amount. The Applicable Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Applicable Swing Line LendersLender.

Appears in 2 contracts

Samples: Syndicated Facility Agreement (Civeo Corp), Syndicated Facility Agreement (Civeo Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders at any time in their respective sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower hereby irrevocably authorizes each Swing Line Agent to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan or a Committed Tranche C Loan, as applicable, for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative CurrencyCurrency or (C) the amount of Swing Line Loans made to the Tranche C Borrower. 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 2.2, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans or Committed Tranche C Loans, but subject to the unutilized portion of the Aggregate Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Applicable Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative Applicable Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the applicable Swing Line Lenders at (x) the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments or (y) the Australian Sub-Agent’s Office for Australian Dollar-denominated payments, in each case not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or a Committed Tranche C Loan, as applicable, to the applicable Borrower in such amount. The Administrative Applicable Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Toyota Motor Credit Corp), Five Year Credit Agreement (Toyota Motor Credit Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable any Borrower with any outstanding Swing Line Loans (and each Borrower which hereby irrevocably authorizes each the Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche US Lender make a Base Rate Committed Loan for the account of (whether originally a Base Rate Loan or Eurodollar Loan, which, if originally a Eurodollar Loan, shall be deemed to have been Converted to a Base Rate Loan on such Borrower date), or each Canadian Lender make a Canadian US Dollar Base Rate Loan (whether originally a Canadian US Dollar Base Rate Loan or Eurodollar Loan, which, if originally a Eurodollar Loan, shall be deemed to have been Converted to a Base Rate Loan on such date) or Canadian Prime Rate Loan (if originally made in Canadian Dollars), as applicable, in an amount equal to such US Lender’s ratable share of (A) the amount of Swing Line Loans made to US Percentage Share or such Borrower and then outstandingCanadian Lender’s Canadian Percentage Share, in the case of Swing Line Loans denominated in US Dollarsrespectively, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice Borrowing for purposes hereof) and in accordance with the requirements of Section 2.2, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, Canadian US Dollar Base Rate Loans or Canadian Prime Rate Loans, as the case may be, but subject to the unutilized portion of the Aggregate Commitments US Commitment or Canadian Commitment, as the case may be, and the conditions set forth in Section 4.2. The applicable Swing Line Agent Lender shall furnish the applicable such Borrower with a copy of the applicable Committed Loan Borrowing Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Administrative Agent, as applicableappropriate. Each Applicable Tranche US Lender or Canadian Lender, as the case may be, shall make an amount equal to its ratable share respective US Percentage Share or Canadian Percentage Share of the amount specified in such Committed Loan Borrowing Notice available to the Administrative Agent or the Canadian Sub-Administrative Agent, as applicableappropriate, in Same Day Funds immediately available funds for the account of the Swing Line Lenders at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments Lender not later than 1:00 p.m. on the day specified in such Committed Loan Borrowing Notice, whereupon, subject to Section 2.16(c)(ii2.10A(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan, Canadian US Dollar Base Rate Loan or Canadian Prime Rate Loan, as the case may be, to the applicable such Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable Administrative Agent shall remit the funds so received to the Swing Line LendersLender.

Appears in 2 contracts

Samples: Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp)

Refinancing of Swing Line Loans. (i) The Each Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct request the applicable Borrower to which the applicable Swing Line Agent to request, on behalf of Loans has been made (and the applicable Borrower (and each Borrower hereby irrevocably authorizes each Swing Line Agent agrees to so request on its behalfsubmit a Notice of Borrowing requesting), that (A) each Applicable Tranche U.S. Revolving Credit Lender make a Base Rate Committed U.S. Revolving Credit Loan for the account of such Borrower in an amount equal to such U.S. Revolving Credit Lender’s ratable share Pro Rata Share of the amount of the U.S. Swing Line Loans then outstanding to such Borrower and/or (B) each Foreign Revolving Credit Lender make a Foreign Revolving Credit Loan in an amount equal to such Foreign Revolving Credit Lender’s Pro Rata Share of the amount of the Foreign Swing Line Loans then outstanding to such Borrower, in each case of clauses (A) the amount of Swing Line Loans made to such Borrower and then outstanding(B), which Revolving Credit Loan shall be (A) in the case of a U.S. Swing Line Loans denominated in US DollarsLoan, or an ABR Loan, (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of a Canadian Swing Line Loans Loan denominated in any Alternative CurrencyDollars, an ABR Loan, (C) in the case of a Canadian Swing Line Loan denominated in Canadian Dollars, a Canadian Prime Rate Loan, and (D) in the case of a European Swing Line Loan denominated in Dollars or Sterling, a LIBOR Loan with an Interest Period of one month, and (E) in the case of a European Swing Line Loan denominated in Euros, a EURIBOR Loan with an Interest Period of one month. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) of Borrowing and in accordance with the requirements of Section 2.22.3, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Revolving Credit Loans, but subject to the unutilized portion of the Aggregate applicable U.S. Revolving Credit Commitments or Foreign Revolving Credit 151 Commitments, as applicable, and the conditions set forth in Section 4.27. The applicable Swing Line Agent Borrower shall furnish the applicable Borrower Swing Line Lender with a copy of the each applicable Committed Loan Notice of Borrowing promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Appropriate Lender shall make an amount equal to its ratable share Pro Rata Share of the amount specified in each such Committed Loan Notice of Borrowing available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the applicable Swing Line Lenders Lender at the applicable Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. the time specified in Section 2.3(b) on the day date specified in such Committed Loan NoticeNotice of Borrowing, whereupon, subject to Section 2.16(c)(ii3.2(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan Revolving Credit Loans to the applicable Borrower Borrowers in such amountrespective amounts. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the applicable Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Avaya Holdings Corp.)

Refinancing of Swing Line Loans. (i) The Applicable Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Applicable Borrower (and each Borrower which hereby irrevocably authorizes each the Applicable Swing Line Agent Lender to so request on its behalf), or the Applicable Borrower at any time in its sole and absolute discretion may request, that each Applicable Tranche Lender make a Base Rate Committed (A) with respect to U.S. Swing Line Loans, an ABR Loan for the account of such Borrower in an amount equal to such Lender’s ratable share U.S. Revolving Pro Rata Percentage of (A) the amount of U.S. Swing Line Loans made then outstanding and (B)(1) with respect to such Borrower and then outstanding, in the case of Canadian Swing Line Loans denominated in US DollarsCanadian dollars, a Canadian Prime Rate Loan or (B2) the Dollar Equivalent of the amount of Swing Line Loans made with respect to such Borrower and then outstanding, in the case of Canadian Swing Line Loans denominated in any Alternative CurrencyU.S. Dollarsdollars, a U.S. Base Rate Loan, in each case in an amount equal to such Lender’s Canadian Tranche A Revolving Pro Rata Percentage of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice Borrowing Request for purposes hereof) and in accordance with the requirements of Section 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of ABR Loans, Canadian Prime Rate Loans or U.S. Base Rate Loans, as applicable, but subject to the unutilized portion of the Aggregate Total U.S. Revolving Commitments or Total Canadian Tranche A Revolving Commitments, as applicable, and the conditions set forth in Section 4.24.01. The applicable Applicable Swing Line Agent Lender or the Applicable Borrower, as applicable, shall furnish to the applicable Borrower with other a copy of the applicable Committed Loan Notice Borrowing Request promptly after delivering such notice to the Applicable Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share Applicable Pro Rata Percentage of the amount specified in such Committed Loan Notice Borrowing Request available to the Applicable Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the Applicable Swing Line Lenders Lender at the office designated by the Applicable Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments Agent not later than 1:00 p.m. (Standard Time) on the day specified in such Committed Loan NoticeBorrowing Request, whereupon, subject to Section 2.16(c)(ii2.23(c)(ii), each Applicable Lender that so makes funds available shall be deemed to have made a ABR Loan, Canadian Prime Rate Loan or U.S. Base Rate Committed Loan Loan, as applicable, to the applicable Applicable Borrower in such amount. The Applicable Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Applicable Swing Line LendersLender.

Appears in 1 contract

Samples: Syndicated Facility Agreement (Civeo Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders at any time in their respective sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower hereby irrevocably authorizes each Swing Line Agent to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative CurrencyCurrency or Australian Dollars. 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 2.2, 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 Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Applicable Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative Applicable Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the applicable Swing Line Lenders at the Administrative Agent’s Office, the Canadian Sub-Agent’s Office or the Canadian Australian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so Toyota - 364 Day Credit Agreement (2018) makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower in such amount. The Administrative Applicable Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.

Appears in 1 contract

Samples: Assignment and Assumption (Toyota Motor Credit Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender, at any time in their respective its sole and absolute discretion discretion, may direct the applicable Swing Line Agent to request, on behalf of the Domestic Borrowers, the Canadian Borrower or the Foreign Borrower, as applicable Borrower (and each Borrower which hereby irrevocably authorizes each authorize the Swing Line Agent Lender to so request on its their behalf), that each Applicable Tranche Revolving Domestic Lender or each Canadian Lender, as applicable, make a Base Prime Rate Committed Loan for the account of such Borrower in an amount equal to such Revolving Domestic Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstandingor Canadian Lender’s Applicable Percentage, in as the case of Swing Line Loans denominated in US Dollarsmay be, or (B) the Dollar Equivalent of the amount of Swing Line Loans made then outstanding to such the Domestic Borrowers or the Canadian Borrower and then outstandingor the Foreign Borrower, in as applicable; provided that the case of Swing Line Lender shall settle the Swing Line Loans denominated with the Revolving Lenders weekly in any Alternative Currencyaccordance with Section 2.14(a). 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 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of Base Prime Rate Loans, but subject to the unutilized portion of the Aggregate Revolving Domestic Total Commitments or the Canadian Total Commitments, as applicable, and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable Parent, the Canadian Borrower or the Foreign Borrower, as applicable, with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Revolving Domestic Lender or each Canadian Lender, as applicable, shall make an amount equal to its ratable share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Revolving Domestic Lender or each Canadian Lender, as applicable, that so makes funds available shall be deemed to have made a Base Domestic Prime Rate Committed Loan to the applicable Borrower Domestic Borrowers or a Canadian Prime Rate Loan or U.S. Index Rate Loan, as applicable, to the Canadian Borrower, as applicable, in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable applicable, shall remit the funds so received to the Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Sally Beauty Holdings, Inc.)

Refinancing of Swing Line Loans. (i) (A) The US Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable US Borrower (and each Borrower which hereby irrevocably authorizes each the US Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche US Revolver Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share US Revolver Percentage of (A) the amount of US Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or and (B) the Canadian Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Canadian Borrower (which hereby irrevocably authorizes the Canadian Swing Line Lender to so request on its behalf), that each Canadian Revolver Lender make a Canadian Prime Rate Loan or a Canadian US Dollar Equivalent Base Rate Loan, as applicable, in an amount equal to such Lender’s Canadian Revolver Percentage of the amount of Canadian Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. Such Any 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 2.22.02(a), without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, Canadian Prime Rate Loans or Canadian US Dollar Base Rate Loans, but subject to the unutilized portion of US Revolver Maximum Available Amount or Canadian Revolver Maximum Available Amount, as the Aggregate Commitments case may be, and the conditions set forth in Section 4.24.02. The applicable Applicable Swing Line Agent Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent Agent. Each US Revolver Lender or the Canadian Sub-AgentRevolver Lender, as applicable. Each Applicable Tranche Lender , shall make an amount equal to its ratable share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the Applicable Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Revolver Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan, Canadian Prime Rate Loan or Canadian US Dollar Base Rate Loan, as applicable, to the applicable Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Applicable Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Niska Gas Storage Partners LLC)

Refinancing of Swing Line Loans. (i) The Any Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable U.S. Borrower (in the case of any U.S. Swing Line Borrowing) or any Canadian Borrower (in the case of any Canadian Swing Line Borrowing) (and each Borrower hereby irrevocably authorizes each the applicable Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche U.S. Revolving Credit Lender (in the case of any U.S. Swing Line Borrowing) or each Canadian Lender (in the case of any Canadian Swing Line Borrowing) make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent 's Pro Rata Share of the amount of such Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice from the applicable Borrower for purposes hereof) and in accordance with the requirements of Section 2.22.02, 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 aggregate U.S. Revolving Credit Commitments and Canadian Credit Commitments and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the applicable Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche U.S. Revolving Credit Lender (in the case of any U.S. Swing Line Borrowing) and each Canadian Lender (in the case of any Canadian Swing Line Borrowing) shall make an amount equal to its ratable share Pro Rata Share of the amount specified in such Committed Loan Notice available to the applicable Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the applicable Swing Line Lenders Lender at the applicable Administrative Agent’s 's Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. (New York City time) on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower in such amount. The applicable Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the applicable Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Nortek Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders at any time in their respective sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower hereby irrevocably authorizes each Swing Line Agent to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative CurrencyCurrency or Australian Dollars. 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 2.2, 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 Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Applicable Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in Toyota - 364 Day Credit Agreement 2016 such Committed Loan Notice available to the Administrative Applicable Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the applicable Swing Line Lenders at the Administrative Agent’s Office, the Canadian Sub-Agent’s Office or the Canadian Australian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower in such amount. The Administrative Applicable Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.

Appears in 1 contract

Samples: Assignment and Assumption (Toyota Motor Credit Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower which hereby irrevocably authorizes each the Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for (in the account case of such Borrower U.S. Dollar Swing Line Loans) or that each Multicurrency Lender make a Canadian Prime Rate Committed Loan (in the case of Canadian Dollar Swing Line Loans), as applicable, in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. 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 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, Canadian Prime Rate Loans, Term SOFR Loans or Term XXXXX Loans, but subject to the unutilized portion of the Aggregate Commitments and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicableAgents. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative applicable Agent or in immediately available funds in the Canadian Sub-Agent, as applicable, in Same Day Funds requested currency for the account of the Swing Line Lenders Lender at the Administrative Global Agent’s Office or the Canadian Sub-U.S. Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or Canadian Prime Rate Committed Loan, as applicable, to the applicable Borrower in such amount. The Administrative applicable Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line LendersLender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Waste Connections, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders at any time in their respective sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower hereby irrevocably authorizes each Swing Line Agent to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative CurrencyCurrency or Australian Dollars. 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 2.2, 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 Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Applicable Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative Applicable Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the applicable Swing Line Lenders at the Administrative Agent’s Office, Toyota - 364 Day Credit Agreement (2017) the Canadian Sub-Agent’s Office or the Canadian Australian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower in such amount. The Administrative Applicable Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.

Appears in 1 contract

Samples: Assignment and Assumption (Toyota Motor Credit Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable US Borrower (and each Borrower which hereby irrevocably authorizes each the Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Revolving Lender make a Revolving Loan that is a Base Rate Committed Loan for the account of such Borrower or Canadian Prime Rate Loan, as applicable, in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Pro Rata Share of the amount of Swing Line Loans made to such Borrower and by then outstanding, in the case of Swing Line Loans denominated in any Alternative CurrencyLender then outstanding (the “Refunded Swing Line Loans”). 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 (including with respect to prior notice requirements) with the requirements of Section 2.22.02(b), without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loanstherein, but subject to the unutilized portion of the Aggregate aggregate unused Revolving Commitments and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable US Borrower with a copy of the applicable such Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Revolving Lender shall make an amount equal to its ratable share Pro Rata Share of the amount specified in such Committed Loan Notice available to the Administrative Agent or in immediately available funds (and the Canadian Sub-Agent, as applicable, in Same Day Funds Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.03(c)(ii), each Revolving Lender that so makes funds available shall be deemed to have made a Revolving Loan that is a Base Rate Committed Loan or Canadian Prime Rate Loan, as applicable, to the applicable US Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.

Appears in 1 contract

Samples: Credit Agreement (Savers Value Village, Inc.)

Refinancing of Swing Line Loans. (i) The Domestic Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower Company (and each Borrower which hereby irrevocably requests and authorizes each the Domestic Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Applicable Percentage of the amount of Domestic Swing Line Loans made then outstanding. The Canadian Swing Line Lender at any time in its sole discretion may request, on behalf of UAP or any other Canadian Borrower (which hereby irrevocably requests and authorizes the Canadian Swing Line Lender to so request on its behalf), that each Lender make a Eurocurrency Rate Loan in an amount equal to such Borrower and then outstanding, in Lender’s Applicable Percentage of the case amount of Canadian Swing Line Loans denominated then outstanding. The Australian Swing Line Lender at any time in its sole discretion may request, on behalf of any Alternative CurrencyAustralian Borrower (which hereby irrevocably requests and authorizes the Australian Swing Line Lender to so request on its behalf), that each Lender make a Eurocurrency Rate Loan in an amount equal to such Lender’s Applicable Percentage of the amount of Australian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Revolving Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of Base Eurocurrency Rate Loans, but subject to the unutilized portion of the Aggregate Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the Swing Line Lenders at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.in

Appears in 1 contract

Samples: Syndicated Facility Agreement (Genuine Parts Co)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable any Borrower with any outstanding Swing Line Loans (and each Borrower which hereby irrevocably authorizes each the Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche US Lender make a Base Rate Committed Loan for the account of (whether originally a Base Rate Loan, EMIR Loan or Eurodollar Loan, which, if originally an EMIR Loan or Eurodollar Loan, shall be deemed to have been Converted to a Base Rate Loan on such Borrower date), or each Canadian Lender make a Canadian US Dollar Base Rate Loan (whether originally a Canadian US Dollar Base Rate Loan, EMIR Loan or Eurodollar Loan, which, if originally an EMIR Loan or Eurodollar Loan, shall be deemed to have been Converted to a Base Rate Loan on such date) or Canadian Prime Rate Loan (if originally made in Canadian Dollars), as applicable, in an amount equal to such US Lender’s ratable share of (A) the amount of Swing Line Loans made to US Percentage Share or such Borrower and then outstandingCanadian Lender’s Canadian Percentage Share, in the case of Swing Line Loans denominated in US Dollarsrespectively, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice Borrowing for purposes hereof) and in accordance with the requirements of Section 2.2, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, Canadian US Dollar Base Rate Loans or Canadian Prime Rate Loans, as the case may be, but subject to the unutilized portion of the Aggregate Commitments US Commitment or Canadian Commitment, as the case may be, and the conditions set forth in Section 4.2. The applicable Swing Line Agent Lender shall furnish the applicable such Borrower with a copy of the applicable Committed Loan Borrowing Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Administrative Agent, as applicableappropriate. Each Applicable Tranche US Lender or Canadian Lender, as the case may be, shall make an amount equal to its ratable share respective US Percentage Share or Canadian Percentage Share of the amount specified in such Committed Loan Borrowing Notice available to the Administrative Agent or the Canadian Sub-Administrative Agent, as applicableappropriate, in Same Day Funds immediately available funds for the account of the Swing Line Lenders at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments Lender not later than 1:00 p.m. on the day specified in such Committed Loan Borrowing Notice, whereupon, subject to Section 2.16(c)(ii2.10A(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan, Canadian US Dollar Base Rate Loan or Canadian Prime Rate Loan, as the case may be, to the applicable such Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable Administrative Agent shall remit the funds so received to the Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Plains All American Pipeline Lp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders at any time in their respective sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower hereby irrevocably authorizes each Swing Line Agent to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan or a Committed Tranche C Loan, as applicable, for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative CurrencyCurrency or (C) the amount of Swing Line Loans made to the Tranche C Borrower. 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 2.2, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans or Committed Tranche C Loans, but subject to the unutilized portion of the Aggregate Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Applicable Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to Toyota – Three Year Credit Agreement (2022) the Administrative Applicable Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the applicable Swing Line Lenders at (x) the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments or (y) the Australian Sub-Agent’s Office for Australian Dollar-denominated payments, in each case not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or a Committed Tranche C Loan, as applicable, to the applicable Borrower in such amount. The Administrative Applicable Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.

Appears in 1 contract

Samples: Assignment and Assumption (Toyota Motor Credit Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders at any time in their respective sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower hereby irrevocably authorizes each Swing Line Agent to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative CurrencyCurrency or Australian Dollars. 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 2.2, 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 Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Applicable Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative Applicable Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the applicable Swing Line Lenders at the Administrative Agent’s Office, Toyota – Five Year Credit Agreement (2016) the Canadian Sub-Agent’s Office or the Canadian Australian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower in such amount. The Administrative Applicable Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.

Appears in 1 contract

Samples: Five Year Credit Agreement (Toyota Motor Credit Corp)

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Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender, at any time in their respective its sole and absolute discretion discretion, may direct the applicable Swing Line Agent to request, on behalf of the Domestic Borrowers or the Canadian Borrower, as applicable Borrower (and each Borrower which hereby irrevocably authorizes each authorize the Swing Line Agent Lender to so request on its their behalf), that each Applicable Tranche Revolving Domestic Lender or each Canadian Lender, as applicable, make a Base Prime Rate Committed Loan for the account of such Borrower in an amount equal to such Revolving Domestic Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstandingor Canadian Lender’s Applicable Percentage, in as the case of Swing Line Loans denominated in US Dollarsmay be, or (B) the Dollar Equivalent of the amount of Swing Line Loans made then outstanding to such Borrower and then outstandingthe Domestic Borrowers or the Canadian Borrower, in as applicable; provided that the case of Swing Line Lender shall settle the Swing Line Loans denominated with the Revolving Lenders weekly in any Alternative Currencyaccordance with Section 2.14(a). 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 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of Base Prime Rate Loans, but subject to the unutilized portion of the Aggregate Revolving Domestic Total Commitments or the Canadian Total Commitments, as applicable, and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable Borrower Parent or the Canadian Borrower, as applicable, with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Revolving Domestic Lender or each Canadian Lender, as applicable, shall make an amount equal to its ratable share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Revolving Domestic Lender or each Canadian Lender, as applicable, that so makes funds available shall be deemed to have made a Base Domestic Prime Rate Committed Loan to the applicable Borrower Domestic Borrowers or a Canadian Prime Rate Loan or U.S. Index Rate Loan, as applicable, to the Canadian Borrower, as applicable, in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable applicable, shall remit the funds so received to the Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Sally Beauty Holdings, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders at any time in their respective sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower hereby irrevocably authorizes each Swing Line Agent to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan or a Committed Tranche C Loan, as applicable, for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative CurrencyCurrency or (C) the amount of Swing Line Loans made to the Tranche C Borrower. Such request shall be made in writing (which written request Agreement (2021) shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.2, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans or Committed Tranche C Loans, but subject to the unutilized portion of the Aggregate Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Applicable Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative Applicable Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the applicable Swing Line Lenders at (x) the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments or (y) the Australian Sub-Agent’s Office for Australian Dollar-denominated payments, in each case not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or a Committed Tranche C Loan, as applicable, to the applicable Borrower in such amount. The Administrative Applicable Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.

Appears in 1 contract

Samples: Credit Agreement (Toyota Motor Credit Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower which hereby irrevocably authorizes each the Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Revolving Lender make a Base Rate Committed Loan for (in the account case of such Borrower U.S. Dollar Swing Line Loans) or that each Multicurrency Revolving Lender make a Canadian Prime Rate Committed Loan (in the case of Canadian Dollar Swing Line Loans), as applicable, in an amount equal to such Revolving Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. 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 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, Canadian Prime Rate Loans or Term SOFR Loans, but subject to the unutilized portion of the Aggregate Commitments and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicableAgents. Each Applicable Tranche Revolving Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative applicable Agent or in immediately available funds in the Canadian Sub-Agent, as applicable, in Same Day Funds requested currency for the account of the Swing Line Lenders Lender at the Administrative Global Agent’s Office or the Canadian Sub-U.S. Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Revolving Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or Canadian Prime Rate Committed Loan, as applicable, to the applicable Borrower in such amount. The Administrative applicable Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line LendersLender.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Waste Connections, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the US Borrower or the European Borrower, as applicable Borrower (and each Borrower which hereby irrevocably authorizes each the Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Revolving Credit Lender make a Base Rate Committed Loan for (or, in the account case of such Borrower European Swing Line Loans, a Revolving Credit Loan in Eurosan Alternative Currency that is a Eurocurrency Rate Loan) in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Applicable Revolving Credit Percentage of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. 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 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans (or, if applicable, Eurocurrency Rate Loans), but subject to the unutilized portion of the Aggregate Commitments Revolving Credit Facility and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable US Borrower or the European Borrower, as applicable, with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Revolving Credit Lender shall make an amount equal to its ratable share Applicable Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments (or, in the case European Swing Line Loans , the Administrative Agent’s Office designated by it for EuroAlternative Currency-denominated payments) not later than 1:00 p.m. P.M. (or, in the case of any European Swing Line Loan, at such time as may be specified by the Administrative Agent to the US Borrower or European Borrower) on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable US Borrower (in the case of a Swing Line Loan made in Dollars to the US Borrower) or a Eurocurrency Rate Loan to the European BorrowerUS Borrower or the European Borrower (in the case of a European Swing Line Loan made in an Alternative Currency to either the US Borrower or European Borrower), as applicable, in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Colfax CORP)

Refinancing of Swing Line Loans. (i) The Canadian Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower which hereby irrevocably authorizes each the Canadian Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Canadian Revolving Credit Lender make (x) in the case of Canadian Swing Line Loans that are denominated in U.S. Dollars, a U.S. Base Rate Committed Loan for or (y) in the account case of such Borrower Canadian Swing Line Loans that are denominated in Canadian Dollars, a Canadian Prime Rate Loan, in each case in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Applicable Revolving Credit Percentage of the amount of Canadian Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. 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 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of U.S. Base Rate Loans or Canadian Prime Rate Loans, as applicable, but subject to the unutilized portion of the Aggregate Commitments Revolving Credit Facility and the conditions set forth in Section 4.24.02. The applicable Canadian Swing Line Agent Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Canadian Revolving Credit Lender shall make an amount equal to its ratable share Applicable Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the Canadian Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. (New York time) on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04.B(c)(ii), each Canadian Revolving Credit Lender that so makes funds available shall be deemed to have made a U.S. Base Rate Committed Loan or Canadian Prime Rate Loan, as applicable, to the applicable Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Canadian Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Ipsco Inc)

Refinancing of Swing Line Loans. (i) The Each Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower Borrowers to which Swing Line Loans have been made (and each Borrower which hereby irrevocably authorizes authorize each Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Pro Rata Share of the amount of Swing Line Loans made then outstanding to such Borrower and then outstandingBorrowers, respectively, which Loan shall be (w) in the case of a Canadian Swing Line Loans Loan denominated in any Alternative CurrencyDollars, a Base Rate Loan, (x) in the case of a Canadian Swing Line Loan denominated in Canadian Dollars, a Canadian Prime Rate Loan, and (y) in the case of a European Swing Line Loan denominated in Dollars or Sterling, a Eurocurrency Rate Loan with an Interest Period of one month, and (z) in the case of a European Swing Line Loan denominated in Euros, a EURIBOR Loan with an Interest Period of one month. 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 2.22.02, 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 aggregate Revolving Credit Commitments and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable Administrative Borrower with a copy of the each applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share Pro Rata Share of the amount specified in each such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the applicable Swing Line Lenders at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.Line

Appears in 1 contract

Samples: Credit Agreement (Avaya Inc)

Refinancing of Swing Line Loans. (i) The i)The Swing Line Lenders Lender at any time in their respective sole and absolute discretion its discretion, but no less frequently than weekly, may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower Borrowers (and each Borrower which hereby irrevocably authorizes each authorize the Swing Line Agent Lender to so request on its their behalf), that each Applicable Tranche Revolving Credit Lender make a Base Rate Committed Loan, Canadian Base Rate Loan for the account of such Borrower or Canadian Prime Rate Loan in an amount equal to such Revolving Credit Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Applicable Percentage of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. 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 2.2, 2.02 without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, Canadian Base Rate Loans and Canadian Prime Rate Loans, as applicable, but subject to the unutilized portion of the Aggregate Revolving Credit Commitments and the conditions set forth in Section 4.25.02. The applicable Swing Line Agent Lender shall furnish the applicable Borrower Agent with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Revolving Credit Lender shall make an amount equal to its ratable share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. 2:00 P.M. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan, a Canadian Base Rate Loan or a Canadian Prime Rate Loan, as applicable, to the applicable Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Ferroglobe PLC)

Refinancing of Swing Line Loans. (i) The Domestic Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Parent Borrower (and each Borrower which hereby irrevocably requests and authorizes each the Domestic Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent 's Applicable Percentage of the amount of Domestic Swing Line Loans made then outstanding. The Canadian Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Canadian Borrower (which hereby irrevocably requests and authorizes the Canadian Swing Line Lender to so request on its behalf), that each Lender make a Base Rate Loan in an amount equal to such Borrower and then outstanding, in Lender's Applicable Percentage of the case amount of Canadian Swing Line Loans denominated in any Alternative Currencythen outstanding. Such request requests 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 2.22.02, 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 Commitments and the conditions set forth in Section 4.25.02 (other than the delivery of a Loan Notice) and provided that, after giving effect to such Borrowing, (x) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments and (y) with respect to a Borrowing of the Canadian Borrower, the Total Revolving Canadian Outstandings shall not exceed the Canadian Borrower Sublimit. The applicable Each Swing Line Agent Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the applicable Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Domestic Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds (and the Administrative Agents may apply Cash Collateral available with respect to the Domestic Swing Line Loan) for the account of the Domestic Swing Line Lenders Lender at the Domestic Administrative Agent’s 's Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments deposits not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Parent Borrower in such amount. The Each Lender shall make an amount equal to its Applicable Percentage of the amount specified in such Loan Notice available to the Canadian Administrative Agent or in Same Day Funds (and the Administrative Agents may apply Cash Collateral available with respect to the Canadian SubSwing Line Loan) for the account of the Canadian Swing Line Lender at the Canadian Administrative Agent's Office for Canadian Dollar-Agentdenominated deposits or Dollar-denominated deposits, as applicable applicable, not later than 1:00 p.m. on the day specified in such Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the Canadian Borrower in such amount. Each Administrative Agent shall remit the funds so received to the applicable Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Graybar Electric Co Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders at any time in their respective sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower hereby irrevocably authorizes each the Swing Line Agent to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. 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 2.2, 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 Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the Swing Line Lenders at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower Borrowers (and each Borrower which hereby irrevocably authorizes each the Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche applicable Revolving Lender make a Base Rate Committed Loan for the account of such Borrower or Canadian Prime Rate Loan, as applicable, in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Applicable Revolving Percentage of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. 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 2.22.02(a), without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans or Canadian Prime Rate Loans, as applicable, but subject to the unutilized portion of the Aggregate Commitments Revolving Facility and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable Borrower Borrowers with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Revolving Lender shall make an amount equal to its ratable share Applicable Revolving Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent or in immediately available funds (and the Canadian Sub-Agent, as applicable, in Same Day Funds Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.17(c)(ii), each Revolving Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or Canadian Prime Rate Loans, as applicable, to the applicable Borrower Borrowers in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line LendersLender.

Appears in 1 contract

Samples: Pledge Agreement (Ciena Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders at any time in their respective sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower hereby irrevocably authorizes each the Swing Line Agent to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in NYDOCS03/828371 the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. 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 2.2, 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 Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the Swing Line Lenders at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable applicable, shall remit the funds so received to the Swing Line Lenders.

Appears in 1 contract

Samples: Five Year Credit Agreement (Toyota Motor Credit Corp)

Refinancing of Swing Line Loans. (i) The Applicable Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Applicable Borrower (and each Borrower which hereby irrevocably authorizes each the Applicable Swing Line Agent Lender to so request on its behalf), or the Applicable Borrower at any time in its sole and absolute discretion may request, that each Applicable Tranche Lender make a Base Rate Committed (A) with respect to U.S. Swing Line Loans, an ABR Loan for the account of such Borrower in an amount equal to such Lender’s ratable share U.S. Revolving Pro Rata Percentage of (A) the amount of U.S. Swing Line Loans made then outstanding and (B)(1) with respect to such Borrower and then outstanding, in the case of Canadian Swing Line Loans denominated in US DollarsCanadian dollars, a Canadian Prime Rate Loan or (B2) the Dollar Equivalent of the amount of Swing Line Loans made with respect to such Borrower and then outstanding, in the case of Canadian Swing Line Loans denominated in any Alternative CurrencyU.S. dollars, a U.S. Base Rate Loan, in each case in an amount equal to such Lender’s Canadian Revolving Pro Rata Percentage of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice Borrowing Request for purposes hereof) and in accordance with the requirements of Section 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of ABR Loans, Canadian Prime Rate Loans or U.S. Base Rate Loans, as applicable, but subject to the unutilized portion of the Aggregate Total U.S. Revolving Commitments or Total Canadian Revolving Commitments, as applicable, and the conditions set forth in Section 4.24.01. The applicable Applicable Swing Line Agent Lender or the Applicable Borrower, as applicable, shall furnish to the applicable Borrower with other a copy of the applicable Committed Loan Notice Borrowing Request promptly after delivering such notice to the Applicable Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share Applicable Pro Rata Percentage of the amount specified in such Committed Loan Notice Borrowing Request available to the Applicable Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the Applicable Swing Line Lenders Lender at the office designated by the Applicable Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments Agent not later than 1:00 p.m. (Standard Time) on the day specified in such Committed Loan NoticeBorrowing Request, whereupon, subject to Section 2.16(c)(ii2.23(c)(ii), each Applicable Lender that so makes funds available shall be deemed to have made a ABR Loan, Canadian Prime Rate -103- |US-DOCS\152183578.7|| Loan or U.S. Base Rate Committed Loan Loan, as applicable, to the applicable Applicable Borrower in such amount. The Applicable Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Applicable Swing Line LendersLender.

Appears in 1 contract

Samples: Syndicated Facility Agreement (Civeo Corp)

Refinancing of Swing Line Loans. (i) The Each Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower which hereby irrevocably requests and authorizes each such Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Lender make a Revolving Loan (that is a Base Rate Committed Loan, in the case of a refinancing of a Domestic Swing Line Loan, or a Eurocurrencyan Alternative Currency Term Rate Loan for with the account shortest applicable Interest Period, in the case of such Borrower a refinancing of an Australian Swing Line Loan or a Canadian Swing Line Loan, as applicable) in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Pro Rata Share of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. 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 2.22.02, 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 Revolving Commitments and the conditions set forth in Section 4.25.02. The applicable Such Swing Line Agent Lender shall furnish the applicable Borrower Company with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share Pro Rata Share of the amount specified in such Committed Loan Notice available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the applicable Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments such Alternative Currency not later than 1:00 p.m. the Applicable Time on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Revolving Loan to the applicable Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the applicable Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Quanta Services, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders at any time in their respective sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower hereby irrevocably authorizes each Swing Line Toyota – Five Year Credit Agreement (2017) Agent to so request on its behalf), that each Applicable Tranche Lender make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative CurrencyCurrency or Australian Dollars. 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 2.2, 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 Commitments and the conditions set forth in Section 4.2. The applicable Swing Line Agent shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Applicable Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share of the amount specified in such Committed Loan Notice available to the Administrative Applicable Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the applicable Swing Line Lenders at the Administrative Agent’s Office, the Canadian Sub-Agent’s Office or the Canadian Australian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower in such amount. The Administrative Applicable Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line Lenders.

Appears in 1 contract

Samples: Five Year Credit Agreement (Toyota Motor Credit Corp)

Refinancing of Swing Line Loans. (i) The Any Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable U.S. Borrower (in the case of any U.S. Swing Line Borrowing) or any Canadian Borrower (in the case of any Canadian Swing Line Borrowing) (and each Borrower hereby irrevocably authorizes each the applicable Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche U.S. Revolving Credit Lender (in the case of any U.S. Swing Line Borrowing) or each Canadian Lender (in the case of any Canadian Swing Line Borrowing) make a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Pro Rata Share of the amount of such Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice from the applicable Borrower for purposes hereof) and in accordance with the requirements of Section 2.22.02, 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 aggregate U.S. Revolving Credit Commitments and Canadian Credit Commitments and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the applicable Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche U.S. Revolving Credit Lender (in the case of any U.S. Swing Line Borrowing) and each Canadian Lender (in the case of any Canadian Swing Line Borrowing) shall make an amount equal to its ratable share Pro Rata Share of the amount specified in such Committed Loan Notice available to the applicable Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the applicable Swing Line Lenders Lender at the applicable Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. (New York City time) on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower in such amount. The applicable Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the applicable Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Nortek Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable any Borrower with any outstanding Swing Line Loans (and each Borrower which hereby irrevocably authorizes each the Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche US Lender make a Committed Loan that is a Base Rate Loan, or each Canadian Lender make a Committed Loan for the account of such Borrower that is a Canadian US Dollar Base Rate Loan (if originally made in US Dollars) or is a Canadian Prime Rate Loan (if originally made in Canadian Dollars), as applicable, in an amount equal to such US Lender’s ratable share of (A) the amount of Swing Line Loans made to US Applicable Percentage or such Borrower and then outstandingCanadian Lender’s Canadian Applicable Percentage, in the case of Swing Line Loans denominated in US Dollarsrespectively, or (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in any Alternative Currency. 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 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, Canadian US Dollar Base Rate Loans or Canadian Prime Rate Loans, as the case may be, but subject to the unutilized portion of the Aggregate Commitments US Commitment or Canadian Commitment, as the case may be, and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable such Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Administrative Agent, as applicableappropriate. Each Applicable Tranche US Lender or Canadian Lender, as the case may be, shall make an amount equal to its ratable share respective US Applicable Percentage or Canadian Applicable Percentage of the amount specified in such Committed Loan Notice available to the applicable Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds immediately available funds for the account of the Swing Line Lenders Lender at the applicable Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Lender that so makes funds available shall be deemed to have made a Committed Loan that is a Base Rate Committed Loan, Canadian US Dollar Base Rate Loan or Canadian Prime Rate Loan, as the case may be, to the applicable such Borrower in such amount. The applicable Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Pacific Energy Partners Lp)

Refinancing of Swing Line Loans. (i) The Each Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct request the applicable Borrower to which the applicable Swing Line Agent to request, on behalf of Loans has been made (and the applicable Borrower (and each Borrower hereby irrevocably authorizes each Swing Line Agent agrees to so request on its behalfsubmit a Notice of Borrowing requesting), that (A) each Applicable Tranche U.S. Revolving Credit Lender make a Base Rate Committed U.S. Revolving Credit Loan for the account of such Borrower in an amount equal to such U.S. Revolving Credit Lender’s ratable share Pro Rata Share of the amount of the U.S. Swing Line Loans then outstanding to such Borrower and/or (B) each Foreign Revolving Credit Lender make a Foreign Revolving Credit Loan in an amount equal to such Foreign Revolving Credit Lender’s Pro Rata Share of the amount of the Foreign Swing Line Loans then outstanding to such Borrower, in each case of clauses (A) the amount of Swing Line Loans made to such Borrower and then outstanding(B), which Revolving Credit Loan shall be (A) in the case of a U.S. Swing Line Loans denominated in US DollarsLoan, or an ABR Loan, (B) the Dollar Equivalent of the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of a Canadian Swing Line Loans Loan denominated in any Alternative CurrencyDollars, an ABR Loan, (C) in the case of a Canadian Swing Line Loan denominated in Canadian Dollars, a Canadian Prime Rate Loan, and (D) in the case of a European Swing Line Loan denominated in Dollars or Sterling, a LIBOR Loan with an Interest Period of one month, and (E) in the case of a European Swing Line Loan denominated in Euros, a EURIBOR Loan with an Interest Period of one month. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) of Borrowing and in accordance with the requirements of Section 2.22.3, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Revolving Credit Loans, but subject to the unutilized portion of the Aggregate applicable U.S. Revolving Credit Commitments or Foreign Revolving Credit Commitments, as applicable, and the conditions set forth in Section 4.27. The applicable Swing Line Agent Borrower shall furnish the applicable Borrower Swing Line Lender with a copy of the each applicable Committed Loan Notice of Borrowing promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Appropriate Lender shall make an amount equal to its ratable share Pro Rata Share of the amount specified in each such Committed Loan Notice of Borrowing available to the Administrative Agent or the Canadian Sub-Agent, as applicable, in Same Day Funds for the account of the applicable Swing Line Lenders Lender at the applicable Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 p.m. the time specified in Section 2.3(b) on the day date specified in such Committed Loan NoticeNotice of Borrowing, whereupon, subject to Section 2.16(c)(ii3.2(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan Revolving Credit Loans to the applicable Borrower Borrowers in such amountrespective amounts. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the applicable Swing Line LendersLender.

Appears in 1 contract

Samples: Abl Security Agreement (Avaya Holdings Corp.)

Refinancing of Swing Line Loans. (i) The Swing Line Lenders Lender at any time in their respective its sole and absolute discretion may direct the applicable Swing Line Agent to request, on behalf of the applicable Borrower (and each Borrower which hereby irrevocably authorizes each the Swing Line Agent Lender to so request on its behalf), that each Applicable Tranche Lender make (A) a Base Rate Committed Loan for the account of such Borrower in an amount equal to such Lender’s ratable share of (A) the amount of Swing Line Loans made to such Borrower and then outstanding, in the case of Swing Line Loans denominated in US Dollars, or (B) the Dollar Equivalent Applicable Percentage of the amount of Swing Line Loans made denominated in Dollars then outstanding or (B) an Alternative Currency Term Rate Loan in an amount equal to such Borrower and then outstanding, in Lender’s Applicable Percentage of the case amount of Swing Line Loans denominated in any Alternative CurrencyCanadian Dollars 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 2.22.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans or Alternative Currency Term Rate Loans, but subject to the unutilized portion of the Aggregate Commitments and the conditions set forth in Section 4.24.02. The applicable Swing Line Agent Lender shall furnish the applicable Borrower BorrowerCompany with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent or the Canadian Sub-Agent, as applicable. Each Applicable Tranche Lender shall make an amount equal to its ratable share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent or in immediately available funds (and the Canadian Sub-Agent, as applicable, in Same Day Funds Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lenders Lender at the Administrative Agent’s Office or the Canadian Sub-Agent’s Office, as applicable, for US Dollar-denominated payments not later than 1:00 3:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.16(c)(ii2.04(c)(ii), each Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or an Alternative Currency Term Rate Loan, as applicable, to the applicable Borrower in such amount. The Administrative Agent or the Canadian Sub-Agent, as applicable shall remit the funds so received to the Swing Line LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Republic Services, Inc.)

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