Common use of Refinancing of Swing Line Loans Clause in Contracts

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers (each of whom hereby irrevocably authorize the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such 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 2.02, 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 Revolving Credit Facility and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice). The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Alexion Pharmaceuticals Inc), Credit Agreement (Alexion Pharmaceuticals Inc)

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Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers applicable Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of (which Base Rate Loans shall be used to refinance such BorrowerSwing 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 with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. 10:00 a.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender. To the extent that a Swing Line Loan has been refinanced with a Borrowing of Base Rate Loans pursuant to this Section 2.04(c)(i), such Swing Line Loan shall be deemed repaid for all purposes herein.

Appears in 2 contracts

Samples: Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Committed Loan in an amount equal to such Revolving Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility and the conditions set forth in Section 4.02 (other than delivery of 4.02; provided, however, that under no circumstance shall the Borrower be deemed to have made any representations or warranties with respect to a Committed Loan Notice)requested on its behalf by the Swing Line Lender. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit 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 shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Entercom Communications Corp), Credit Agreement (Entercom Communications Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Committed Revolving Loan in an amount equal to such Revolving Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Committed Revolving Loans, but subject to the unutilized portion of the Aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit 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 shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Hcp, Inc.), Credit Agreement (Health Care Property Investors Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit A Lender make a Committed Revolving A Credit Loan that is a Base Rate Loan in an amount equal to such Revolving A Lender’s Applicable Global Revolving A Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving A Credit Facility and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit A Lender shall make an amount equal to its Applicable Global Revolving A Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii2.06(c)(ii), each Global Revolving Credit A Lender that so makes funds available shall be deemed to have made a Committed Revolving A Credit Loan that is a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Paramount Group, Inc.), Credit Agreement (Paramount Group, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time (but no less frequently than once a week) in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan as a Revolving Credit Loan in an amount equal to (I) such Revolving Credit Lender’s Applicable Global Revolving Credit Adjusted Percentage of the amount of all Swing Line Loans Participations then outstanding for the account of (such BorrowerRevolving Credit Lender’s “Swing Line Reimbursement Percentage”). Such Each such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Facility, the unutilized portion of the Revolving Credit Commitments, and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make available to the Administrative Agent an amount equal to its Applicable Global Revolving Credit Swing Line Reimbursement Percentage of the amount specified in such Committed Loan Notice and in immediately available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. p.m., New York time, on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global such Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amountamount as a Revolving Credit Loan. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (iHeartMedia, Inc.), Credit Agreement (iHeartMedia, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Revolving Loan that is a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share of the amount of Swing Line Loans made by then Swing Line Lender then outstanding for (the account of such Borrower“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 2.022.02(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 unused Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable such Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for 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 2.04(c)(ii2.03(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Revolving Loan that is a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Authentic Brands Group Inc.), First Lien Credit Agreement (Advantage Solutions Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize the authorizes such Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share or other applicable share provided for under this Agreement of the amount of Swing Line Loans of the Borrower then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The relevant Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share or other applicable share provided for under this Agreement of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for 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 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Res Care Inc /Ky/), Credit Agreement (Res Care Inc /Ky/)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time five (5) or more Business Days after the making of a Swing Line Loan and in its sole and absolute discretion may request, on behalf of the Borrowers Borrower or the applicable Co-Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Revolving Credit Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Revolving Credit Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Revolving Credit Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share of the amount specified in such Committed Revolving Credit Loan Notice available to the Administrative Agent in Same Day Funds immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan(provided by Defaulting Lenders) for this purpose) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Revolving Credit Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Revolving Credit Loan that is a Base Rate Loan to the Borrower or the applicable Co-Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: Assignment and Assumption (Cousins Properties Inc), Credit Agreement (Cousins Properties Inc)

Refinancing of Swing Line Loans. (i) The Any Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize the authorizes each Swing Line Lender to so request on its behalf), that each Global Revolving Lender make a Revolving Credit Lender make Loan as a Base Rate Loan in an amount equal to such Revolving Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 4.02(a) and (other than delivery of a Committed Loan Noticeb). The Such Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender Lenders at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. p.m., New York City time, on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii2.17(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Revolving Credit Loan as a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received ratably to the each Swing Line LenderLender that made such Swing Line Loans.

Appears in 2 contracts

Samples: Credit Agreement (Starwood Property Trust, Inc.), Credit Agreement (Starwood Property Trust, Inc.)

Refinancing of Swing Line Loans. (i) The Each Swing Line Lender at any time in its sole discretion may request, on behalf of request (which request shall have the Borrowers (each of whom hereby irrevocably authorize same force and effect as if made by the Swing Line Lender to so request on its behalf), Borrower) that each Global Revolving Credit MC Lender make a MC Committed Loan bearing interest at the Base Rate Loan in an amount equal to such MC Lender’s Applicable Global Revolving Credit Percentage of the amount of such Swing Line Lender’s Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereofhave the same force and effect as if made by the Borrower) and in accordance with the requirements of Section 2.022.04, 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 Revolving Credit Facility Aggregate MC Commitments and there existing no Default or Event of Default at the conditions set forth in Section 4.02 (other than delivery of time such Swing Line Loan is deemed a MC Committed Loan Notice)Loan. The applicable Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice request promptly after delivering such notice request to the Administrative Agent. Each Global Revolving Credit MC Lender shall make an amount equal to its Applicable Global Revolving Percentage (with respect to the MC Credit Percentage Facility) of the amount specified in such Committed Loan Notice request available to the Administrative Agent 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 Lender at the Administrative Agent’s Office for Dollar-Dollar denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Noticerequest, whereupon, subject to Section 2.04(c)(ii2.07(c)(ii), each Global Revolving Credit MC Lender that so makes funds available shall be deemed to have made a MC Committed Loan bearing interest at the Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the applicable Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Cme Group Inc.), Credit Agreement (Cme Group Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED BY STATION CASINOS, LLC WITH THE SECURITIES AND EXCHANGE COMMISSION (“SEC”), CONFIDENTIAL PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SEC. THIS INFORMATION HAS BEEN DENOTED BY ASTERISKS [***]. irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount and the outstanding Swing Line Loans shall be deemed to have been refinanced in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Station Casinos LLC), Credit Agreement (Station Casinos LLC)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Revolving Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Eurodollar Rate Committed Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borrower(including, subject to Section 2.04(c)(ii), any Bilateral 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 with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Eurodollar Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Revolving Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line LoanLoans) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan NoticeNotice (which shall be at least one Business Day after any voluntary Committed Loan Notice issued by the Swing Line Lender), whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Eurodollar Rate Committed Loan to the applicable Revolving Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Carmax Inc), Credit Agreement (Carmax Inc)

Refinancing of Swing Line Loans. (i) The Each Swing Line Loan shall be due and payable on the tenth Business Day following the making of such Swing Line Loan; provided that the Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Committed Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)and provided that, after giving effect to such Borrowing, the Total Outstandings shall not exceed the Aggregate Commitments. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit 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 shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Analog Devices Inc), Credit Agreement (Analog Devices Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the US Borrowers (each of whom which hereby irrevocably authorize the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Multicurrency Lender make a Base Rate an ABR Multicurrency Revolving Committed Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Multicurrency Commitment Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. 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 2.022.03, without regard to the minimum and multiples specified therein for the principal amount of Base Rate ABR Loans, but subject to the unutilized portion of the Revolving Credit Facility aggregate amount of Multicurrency Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower Borrowing Agent with a copy of the applicable Committed Loan Notice Borrowing Request promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Multicurrency Commitment Percentage of the amount specified in such Committed Loan Notice Borrowing Request available to the Administrative Agent 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 Lender at the Administrative Agent’s Office for US Dollar-denominated payments not later than 1:00 p.m. Local Time on the day specified in such Committed Loan NoticeBorrowing Request, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate an ABR Multicurrency Revolving Committed Loan to the applicable Borrower US Borrowers in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: Five Year Credit Agreement (Edwards Lifesciences Corp), Credit Agreement (Edwards Lifesciences Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Multicurrency Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Multicurrency Revolving Credit Facility and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.03. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Multicurrency Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Multicurrency Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Kinetic Concepts Inc /Tx/), Guarantee and Security Agreement (Kinetic Concepts Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time (but no less frequently than once a week) in its sole and absolute discretion may request, on behalf of the Borrowers Lead Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), (x) that each Global Tranche 1 Revolving Credit Lender make a Base Rate Loan as a Tranche 1 Revolving Credit Loan and (y) that each Tranche 2 Revolving Credit Lender make a Base Rate Loan as a Tranche 2 Revolving Credit Loan, in each such case in an amount equal to (I) such Tranche 1 Revolving Credit Lender’s Tranche 1 Applicable Global Revolving Credit Adjusted Percentage of the amount of all Tranche 1 Swing Line Loans Participations then outstanding for (such Tranche 1 Revolving Credit Lender’s “Tranche 1 Swing Line Reimbursement Percentage”) and (II) such Tranche 2 Revolving Credit Lender’s Tranche 2 Applicable Adjusted Percentage of the account amount of all Tranche 2 Swing Line Participations then outstanding (such BorrowerTranche 2 Revolving Credit Lender’s “Tranche 2 Swing Line Reimbursement Percentage”). Such Each such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Facility, the unutilized portion of the Tranche 1 Revolving Credit Commitments, the unutilized portion of the Tranche 2 Revolving Credit Commitments, and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Lead Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global (A) Tranche 1 Revolving Credit Lender shall make available to the Administrative Agent an amount equal to its Applicable Global Revolving Credit Tranche 1 Swing Line Reimbursement Percentage of the amount specified in such Committed Loan Notice and (B) Tranche 2 Revolving Credit Lender shall make available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect an amount equal to the applicable its Tranche 2 Swing Line Loan) Reimbursement Percentage of the amount specified in such Committed Loan Notice, in each case in immediately available funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global such Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Lead Borrower in such amount, as a Tranche 1 Revolving Credit Loan, in the case of Tranche 1 Swing Line Participations, and as a Tranche 2 Revolving Credit Loan, in the case of Tranche 2 Swing Line Participations. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Dominion Textile (Usa), L.L.C.), Credit Agreement (Dominion Textile (Usa), L.L.C.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender. If for any reason any Swing Line Loan cannot be refinanced by such a Revolving Credit Borrowing in accordance with Section 2.04(c)(i), the request for Base Rate Loans submitted by the Swing Line Lender as set forth herein shall be deemed to be a request by the Swing Line Lender that each of the Revolving Credit Lenders fund its risk participation in the relevant Swing Line Loan and each Revolving Credit Lender’s payment to the Administrative Agent for the account of the Swing Line Lender pursuant to Section 2.04(c)(i) shall be deemed payment in respect of such participation. If any Revolving Credit Lender fails to make available to the Administrative Agent for the account of the Swing Line Lender any amount required to be paid by such Lender pursuant to the foregoing provisions of this Section 2.04(c) by the time specified in Section 2.04(c)(i), the Swing Line Lender shall be entitled to recover from such Lender (acting through the Administrative Agent), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the Swing Line Lender at a rate per annum equal to the applicable Overnight Rate from time to time in effect, plus any administrative, processing or similar fees customarily charged by the Swing Line Lender in connection with the foregoing. If such Lender pays such amount (with interest and fees as aforesaid), the amount so paid shall constitute such Lender’s Loan included in the relevant Borrowing or funded participation in the relevant Swing Line Loan, as the case may be. A certificate of the Swing Line Lender submitted to any Lender (through the Administrative Agent) with respect to any amounts owing under this clause (iii) shall be conclusive absent demonstrable error. Each Revolving Credit Lender’s obligation to make Revolving Credit Loans or to purchase and fund risk participations in Swing Line Loans pursuant to this Section 2.04(c) shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, the Borrower or any other Person for any reason whatsoever, (B) the occurrence or continuance of a Default, or (C) any other occurrence, event or condition, whether or not similar to any of the foregoing; provided, however, that each Revolving Credit Lender’s obligation to make Revolving Credit Loans (but not to purchase and fund risk participations in Swing Line Loans) pursuant to this Section 2.04(c) is subject to the conditions set forth in Section 4.02. No such funding of risk participations shall relieve or otherwise impair the obligation of the Borrower to repay Swing Line Loans, together with interest as provided herein.

Appears in 2 contracts

Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion (but no less frequently than on a weekly basis) may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Revolving Loan in an amount equal to such Revolving Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. 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 2.022.03, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Revolving Loans, but subject to the unutilized portion of the Aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Revolving Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Revolving Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Revolving Loan Notice, whereupon, subject to Section 2.04(c)(ii2.05(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Revolving Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (EPL Intermediate, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time five (5) or more Business Days after the making of a Swing Line Loan and in its sole and absolute discretion may request, on behalf of the Borrowers Borrower or the applicable Co-Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Revolving Credit Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Revolving Credit Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Revolving Credit Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share of the amount specified in such Committed Revolving Credit Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Revolving Credit Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Revolving Credit Loan that is a Base Rate Loan to the Borrower or the applicable Co-Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Cousins Properties Inc)

Refinancing of Swing Line Loans. (i) The i)The Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of (which Base Rate Loans shall be used to refinance such BorrowerSwing 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 with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender. To the extent that a Swing Line Loan has been refinanced with a Borrowing of Base Rate Loans pursuant to this Section 2.04(c)(i), such Swing Line Loan shall be deemed repaid for all purposes herein.

Appears in 1 contract

Samples: Credit Agreement (Matson, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize the authorizes such Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share of the amount of Swing Line Loans then outstanding for (provided that such request shall be deemed to have been automatically given upon the account occurrence of such Borrowera Default or Event of Default under Section 8.01(f) or (g) or upon the exercise of any of the remedies provided in Section 8.02). Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.03. The relevant Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for 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 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (ResCare Finance, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, (A) on behalf of the Borrowers U.S. Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global U.S. Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s 's Applicable Global Revolving Credit Percentage of the amount of Dollar Swing Line Loans then outstanding for outstanding, (B) on behalf of the account Euro Borrower (which hereby irrevocably authorizes the Swing Line Lender to so request on its behalf), that each Euro Revolving Credit Lender make a Eurocurrency Rate Loan with an initial Interest Period of one month in an amount equal to such BorrowerLender's Applicable Percentage of the amount of Euro Swing Line Loans then outstanding, or (C) on behalf of the UK Borrower (which hereby irrevocably authorizes the Swing Line Lender to so request on its behalf), that each UK Revolving Credit Lender make a Eurocurrency Rate Loan with an initial Interest Period of one month in an amount equal to such Lender's Applicable Percentage of the amount of UK Swing Line Loans them outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans or Eurocurrency Loans, but subject to the unutilized portion of the applicable Revolving Credit Facility and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global U.S. Revolving Credit Lender Lender, each Euro Revolving Credit Lender, or each UK Revolving Credit Lender, as applicable, shall make an amount equal to its Applicable Global U.S. Revolving Credit Percentage, Applicable Euro Revolving Credit Percentage or Applicable UK Revolving Credit Percentage, respectively, of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s 's Office for Dollar-denominated payments not later than 1:00 p.m. (Relevant Local Time) on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii2.06(e)(ii), each Global U.S. Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable U.S. Borrowing in such amount, each Euro Revolving Credit Lender that so makes funds available shall be deemed to have made a Eurocurrency Rate Loan (with an initial Interest Period of one month) to the Euro Borrower in such amount and each UK Revolving Credit Lender that so makes funds available shall be deemed to have made a Eurocurrency Rate Loan (with an initial Interest Period of one month) to the UK Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Rayovac Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers U.S. Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Revolving Loan that is a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share of the amount of Swing Line Loans made by then Swing Line Lender then outstanding for (the account of such Borrower“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 2.022.02(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 unused Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.03. The Swing Line Lender shall furnish the applicable U.S. Borrower with a copy of the applicable such Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for 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 2.04(c)(ii2.03(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Revolving Loan that is a Base Rate Loan to the applicable U.S. Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Committed Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line 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. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice 89826417_6 available to the Administrative Agent 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 Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. 12:00 noon. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower Borrowers in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.. If for any reason any Swing Line Loan cannot be refinanced by such a Committed Borrowing in accordance with Section 2.04(c)(i), the request for Base Rate Committed Loans submitted by the Swing Line Lender as set forth herein shall be deemed to be a request by the Swing Line Lender that each of the Lenders fund its risk participation in the relevant Swing Line Loan and each Lender’s payment to the Administrative Agent for the account of the Swing Line Lender pursuant to Section 2.04(c)(i) shall be deemed payment in respect of such participation. If any Lender fails to make available to the Administrative Agent for the account of the Swing Line Lender any amount required to be paid by such Lender pursuant to the foregoing provisions of this Section 2.04(c) by the time specified in Section 2.04(c)(i), the Swing Line Lender shall be entitled to recover from such Lender (acting through the Administrative Agent), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the Swing Line Lender at a rate per annum equal to the applicable Overnight Rate from time to time in effect, plus any administrative, processing or similar fees customarily charged by the Swing Line Lender in connection with the foregoing. If such Lender pays such amount (with interest and fees as aforesaid), the amount so paid shall constitute such Lender’s Committed Loan included in the relevant Committed Borrowing or funded participation in the relevant Swing Line Loan, as the case may be. A certificate of the Swing Line Lender submitted to any Lender (through the Administrative Agent) with respect to any amounts owing under this clause (iii) shall be conclusive absent manifest error. Each Lender’s obligation to make Committed Loans or to purchase and fund risk participations in Swing Line Loans pursuant to this Section 2.04(c) shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, any Borrower or any other Person for any reason whatsoever, (B) the occurrence or continuance of a Default, or (C) any other occurrence, event or condition, whether or not similar to any of the foregoing; provided, however, that each Lender’s obligation to make Committed Loans pursuant to this Section 2.04(c) is subject to the conditions set forth in Section 4.02. No such funding of risk participations shall relieve or otherwise impair the obligation of any Borrower to repay Swing Line Loans, together with interest as provided herein. 61 89826417_6

Appears in 1 contract

Samples: Credit Agreement (Chicago Bridge & Iron Co N V)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time (but no less frequently than once a week) in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan as a Revolving Credit Loan in an amount equal to (I) such Revolving Credit Lender’s Applicable Global Revolving Credit Adjusted Percentage of the amount of all Swing Line Loans Participations then outstanding for the account of (such BorrowerRevolving Credit Lender’s “Swing Line Reimbursement Percentage”). Such Each such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Facility, the unutilized portion of the Revolving Credit Commitments, and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make available to the Administrative Agent an amount equal to its Applicable Global Revolving Credit Swing Line Reimbursement Percentage of the amount specified in such Committed Loan Notice and in immediately available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. p.m., New York City time, on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global such Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amountamount as a Revolving Credit Loan. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (DJO Finance LLC)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage Lendxx’x Xro Rata Share or other applicable share provided for under this Agreement of the amount of Swing Line Loans of the Borrower then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share or other applicable share provided for under this Agreement of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan Loan, as applicable, to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender. Upon the remission by the Administrative Agent to the Swing Line Lender of the full amount specified in such Committed Loan Notice, the Borrower shall be deemed to have repaid the applicable Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Portillo's Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, and shall request on each Settlement Date, on behalf of the Borrowers (each of whom which hereby irrevocably authorize the Swing Line Lender to so request on its their behalf), that each Global Revolving Credit Tranche A Lender make a Base Tranche A Loan that is a Prime Rate Loan in an amount equal to such Tranche A Lender’s Tranche A Applicable Global Revolving Credit Percentage of the principal amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Prime Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Lead Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Tranche A Lender shall make an amount equal to its Tranche A Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Tranche A Lender that so makes funds available shall be deemed to have made a Base Tranche A Loan that is a Prime Rate Loan to the applicable Borrower Borrowers in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (O Reilly Automotive Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers applicable Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global USD Revolving Credit Lender make a USD Revolving Credit Loan that is a Base Rate Loan in an amount equal to such USD Revolving Credit Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borrower. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes 100 hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global USD Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral of the applicable Borrower available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global USD Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hologic Inc)

Refinancing of Swing Line Loans. (i) The Any Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers (each of whom which hereby irrevocably authorize the each Swing Line Lender to so request on its their behalf), that each Global Revolving Credit Lender make a Base Rate Committed Revolving Loan in an amount equal to such Revolving Lender’s Applicable Global Revolving Credit Percentage of such Swing Line Lender’s ratable portion of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Committed Revolving Loans, but subject to the unutilized portion of the Aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Such Swing Line Lender shall furnish the applicable Parent Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the 64069629 applicable Swing Line LoanLoan for the account of any Revolving Lender) for the account of the applicable Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day date specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Committed Revolving Loan to the applicable relevant Borrower in such amount. The Administrative Agent shall remit the funds so received to the applicable Swing Line Lender.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ventas Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers US Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Swing Line Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Aggregate Commitments and the Revolving Credit Availability Amount and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable US Borrower with a copy of the applicable Committed Swing Line Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Swing Line Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Swing Line Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable US Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Security Agreement (USD Partners LP)

Refinancing of Swing Line Loans. (i) The Each Swing Line Loan shall be due and payable on the tenth Business Day following the making of such Swing Line Loan; provided that the Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Committed Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. 12:00 noon on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit 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 shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Cisco Systems Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize the authorizes such Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share or other applicable share provided for under this Agreement of the amount of Swing Line Loans of the Borrower then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The relevant Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share or other applicable share provided for under this Agreement of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan Loan, as applicable, to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.. (ii) If for any reason any Swing Line Loan cannot be refinanced by such a Revolving Credit Borrowing in accordance with Section 2.04(c)(i), the request for Base Rate Loans submitted by the relevant Swing Line Lender as set forth herein shall be deemed to be a request by such Swing Line Lender that each of the Revolving Credit Lenders fund its risk participation in the relevant Swing Line Loan and each Revolving Credit Lender’s payment to the Administrative Agent for the account of the Swing Line Lender pursuant to Section 2.04(c)(i) shall be deemed payment in respect of such participation. (iii) If any Revolving Credit Lender fails to make available to the Administrative Agent for the account of the Swing Line Lender any amount required to be paid by the Lender pursuant to the foregoing provisions of this Section 2.04(c) by the time specified in Section 2.04(c)(i), the Swing Line Lender shall be entitled to recover from such Lender (acting through the Administrative Agent), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the Swing Line Lender at a rate per annum equal to the applicable Overnight Rate from time to time in effect. A certificate of the Swing Line Lender submitted to any Lender (through the Administrative Agent) with respect to any amounts owing under this clause (iiiii) shall be conclusive absent manifest error. (iv) Each Revolving Credit Lender’s obligation to make Revolving Credit Loans or to purchase and fund risk participations in Swing Line Loans pursuant to this Section 2.04(c) shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, the Borrower or any other Person for any reason whatsoever, (B) the occurrence or continuance of a Default, or (C) any other occurrence, event or condition, whether or not similar to any of the foregoing; provided that each Revolving Credit Lender’s obligation to make Revolving Credit Loans pursuant to this Section 2.04(c) (but not to purchase and fund risk participations in Swing Line Loans) is subject to the conditions set forth in Section 4.02. No such funding of risk participations shall relieve or otherwise impair the obligation of the Borrower to repay the applicable Swing Line Loans, together with interest as provided herein. - 84-

Appears in 1 contract

Samples: Abl Credit Agreement (Prestige Consumer Healthcare Inc.)

Refinancing of Swing Line Loans. (i) The Each Swing Line Loan shall be due and payable on the tenth Business Day following the making of such Swing Line Loan; provided that the Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Committed Loan in an amount equal to such Lender’s 's Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)and provided that, after giving effect to such Borrowing, the Total Outstandings shall not exceed the Aggregate Commitments. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s 's Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit 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 shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Analog Devices Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Revolving Lender’s Applicable Global Revolving Credit Percentage 's Pro Rata Share of the amount of Swing Line Loans then outstanding for and shall, no later than 14 days after the account making of any Swing Line Loan then still outstanding, request, on behalf of the Borrower (which hereby irrevocably authorizes the Swing Line Lender to so request on its behalf), that each Revolving Lender make a Base Rate Loan in an amount equal to such Revolving Lender's Pro Rata Share of the amount of such BorrowerSwing Line Loan. 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 2.02, 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 Revolving Credit Facility Loan Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall ------------ furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s 's Office for Dollar-denominated payments not later than 1:00 p.m. 9:00 a.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section ------- 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall ----------- be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers Company or the Foreign Borrower, as applicable (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make (x) a Base Rate Loan Loan, in respect of Domestic Swing Line Loans and (y) a Eurocurrency Rate Loan, in respect of Foreign Swing Line Loans, in each case in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, Loans but subject to the unutilized portion of the aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower Company or the Foreign Borrower, as applicable, with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) in Dollars if the applicable Swing Line Loan is a Domestic Swing Line Loan or the currency of the applicable Swing Line Loan if the Swing Line Loan is a Foreign Swing Line Loan for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated such payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan or Eurocurrency Rate Loan, as applicable, to the applicable Company or to the Foreign Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Commercial Metals Co)

Refinancing of Swing Line Loans. (i) The Each Swing Line Loan shall be due and payable on the tenth Business Day following the making of such Swing Line Loan; provided that the Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers applicable Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate an ABR Loan in an amount equal to such Lender’s 's Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice Borrowing Request for purposes hereof, but such Borrower shall not be deemed to have made any representations and warranties in connection with such Borrowing Request) and in accordance with the requirements of Section 2.02Sections 2.2 and 2.3, without regard to the minimum and multiples specified therein for the principal amount of Base Rate ABR Loans, but and not subject to the unutilized portion of the Revolving Credit Facility and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.2 and provided that, after giving effect to such Borrowing, the total Revolving Exposures shall not exceed the total Commitments. The Swing Line Lender shall furnish the applicable Borrower Company, on behalf of such Borrower, with a copy of the applicable Committed Loan Notice Borrowing Request promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice Borrowing Request available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments as directed not later than 1:00 p.m. 12:00 noon, New York City time, on the day specified in Business Day following receipt of such Committed Loan NoticeBorrowing Request by the Lenders, whereupon, subject to Section 2.04(c)(ii2.20(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate an ABR Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Carey W P & Co LLC)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan or Canadian Prime Rate Loan (as applicable) in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate LoansLoans or Canadian Prime Rate Loans (as applicable), but subject to the unutilized portion of the aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii2.05(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan or Canadian Base Rate Loan (as applicable) to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: First Lien Credit Agreement (SMART Technologies Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Dollar Revolving Credit Lender make a Dollar Revolving Credit Loan that is a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility and the conditions set forth in Section 4.02 (other than delivery 4.03 and provided that after giving effect thereto, the aggregate Outstanding Amount of a Committed Loan Notice)the Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Dollar Revolving L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Dollar Revolving Credit Commitment. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Dollar Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-Dollar denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Dollar Revolving Credit Lender that so makes funds available shall be deemed to have made a Dollar Revolving Credit Loan that is a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Travelport LTD)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Multicurrency Revolving Credit Lender make a Base Rate Loan in Dollars under the Multicurrency Revolving Credit Facility in an amount equal to such Multicurrency Revolving Credit Lender’s Applicable Global Percentage (in respect of the Multicurrency Revolving Credit Percentage Facility) of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the aggregate Multicurrency Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Multicurrency Revolving Credit Lender shall make an amount equal to its Applicable Global Percentage (in respect of the Multicurrency Revolving Credit Percentage Facility) of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii2.03(c)(ii), each Global Multicurrency Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan in Dollars to the applicable Borrower under the Multicurrency Revolving Credit Facility in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Willis Group Holdings LTD)

Refinancing of Swing Line Loans. (i) The Swing Line Lender Lender, at any time in its sole discretion may requestand from time to time no less frequently than once weekly, shall on behalf of the Co-Borrowers (each of whom which hereby irrevocably authorize the Swing Line Lender to so request on its their behalf), ) request that each Global Revolving Credit Lender make a Base Rate Revolving Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for (the account of such Borrower“Refunded Swing Line Loan”). 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 2.02, 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 Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower Co-Borrowers with a copy of the applicable Committed Revolving Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Revolving Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Revolving Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Revolving Loan to the applicable Borrower Co-Borrowers in such amount. The Administrative Agent shall remit the funds so received to the Swing Line LenderLender and applied to repay the Refunded Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Ennis, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Committed Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for outstanding; provided that (unless an Autoborrow Agreement is then in effect) the account of Swing Line Lender shall request each Lender to make such BorrowerLoans no less frequently than once every calendar 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 2.02, 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 Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit 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 shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Ingles Markets Inc)

Refinancing of Swing Line Loans. (iiii) The Swing Line Lender at any time (but no less frequently than once a week) in its sole and absolute discretion may request, on behalf of the Borrowers Lead Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), (x) that each Global Tranche 1 Revolving Credit Lender make a Base Rate Loan as a Tranche 1 Revolving Credit Loan and (y) that each Tranche 2 Revolving Credit Lender make a Base Rate Loan as a Tranche 2 Revolving Credit Loan, in each such case in an amount equal to (I) such Tranche 1 Revolving Credit Lender’s Tranche 1 Applicable Global Revolving Credit Adjusted Percentage of the amount of all Tranche 1 Swing Line Loans Participations then outstanding for (such Tranche 1 Revolving Credit Lender’s “Tranche 1 Swing Line Reimbursement Percentage”) and (II) such Tranche 2 Revolving Credit Lender’s Tranche 2 Applicable Adjusted Percentage of the account amount of all Tranche 2 Swing Line Participations then outstanding (such BorrowerTranche 2 Revolving Credit Lender’s “Tranche 2 Swing Line Reimbursement Percentage”). Such Each such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Facility, the unutilized portion of the Tranche 1 Revolving Credit Commitments, the unutilized portion of the Tranche 2 Revolving Credit Commitments, and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Lead Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global (A) Tranche 1 Revolving Credit Lender shall make available to the Administrative Agent an amount equal to its Applicable Global Revolving Credit Tranche 1 Swing Line Reimbursement Percentage of the amount specified in such Committed Loan Notice and (B) Tranche 2 Revolving Credit Lender shall make available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect an amount equal to the applicable its Tranche 2 Swing Line Loan) Reimbursement Percentage of the amount specified in such Committed Loan Notice, in each case in immediately available funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global such Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Lead Borrower in such amount, as a Tranche 1 Revolving Credit Loan, in the case of Tranche 1 Swing Line Participations, and as a Tranche 2 Revolving Credit Loan, in the case of Tranche 2 Swing Line Participations. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Polymer Group Inc)

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Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), or in any event automatically upon the maturity of each Swing Line Loan as set forth in Section 2.07(c), that each Global other Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. 11:00 a.m. on the day Business Day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: First Lien Senior Secured Credit Agreement (WII Components, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may may, and in any event on the fifth Business Day after such Swing Line Loan is made, shall request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Revolving Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Borrowing Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Borrowing Notice promptly after delivering such notice to the Facilities Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Borrowing Notice available to the Facilities Administrative Agent 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 Lender at the Facilities Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. p.m., New York City time, on the day specified in such Committed Loan Borrowing Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Swing Line Lender that so makes funds available shall be deemed to have made a Base Rate Revolving Loan to the applicable Borrower in such amount. The Facilities Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Foresight Energy LP)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate an ABR Committed Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage (excluding 2020 Loans and 2020 Loan Commitments) of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate ABR Loans, but subject to the unutilized portion of the Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage (excluding 2020 Loans and 2020 Loan Commitments) of the amount specified in such Committed Loan Notice available to the Administrative Agent by wire transfer in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate an ABR Committed Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender. The Administrative Agent shall notify the Borrower in writing of any refinancing of or participations in any Swing Line Loan acquired pursuant to this paragraph, and thereafter payments in respect of such Swing Line Loan shall be made to the Administrative Agent and not to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Texas Roadhouse, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Committed Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line 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. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent 60 90295627_3 may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. 12:00 noon. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the applicable Borrower Borrowers in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.. If for any reason any Swing Line Loan cannot be refinanced by such a Committed Borrowing in accordance with Section 2.04(c)(i), the request for Base Rate Committed Loans submitted by the Swing Line Lender as set forth herein shall be deemed to be a request by the Swing Line Lender that each of the Lenders fund its risk participation in the relevant Swing Line Loan and each Lender’s payment to the Administrative Agent for the account of the Swing Line Lender pursuant to Section 2.04(c)(i) shall be deemed payment in respect of such participation. If any Lender fails to make available to the Administrative Agent for the account of the Swing Line Lender any amount required to be paid by such Lender pursuant to the foregoing provisions of this Section 2.04(c) by the time specified in Section 2.04(c)(i), the Swing Line Lender shall be entitled to recover from such Lender (acting through the Administrative Agent), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the Swing Line Lender at a rate per annum equal to the applicable Overnight Rate from time to time in effect, plus any administrative, processing or similar fees customarily charged by the Swing Line Lender in connection with the foregoing. If such Lender pays such amount (with interest and fees as aforesaid), the amount so paid shall constitute such Lender’s Committed Loan included in the relevant Committed Borrowing or funded participation in the relevant Swing Line Loan, as the case may be. A certificate of the Swing Line Lender submitted to any Lender (through the Administrative Agent) with respect to any amounts owing under this clause (iii) shall be conclusive absent manifest error. Each Lender’s obligation to make Committed Loans or to purchase and fund risk participations in Swing Line Loans pursuant to this Section 2.04(c) shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, any Borrower or any other Person for any reason whatsoever, (B) the occurrence or continuance of a Default, or (C) any other occurrence, event or condition, whether or not similar to any of the foregoing; provided, however, that each Lender’s obligation to make Committed Loans pursuant to this Section 2.04(c) is subject to the conditions set forth in Section 4.02. No such funding of risk participations shall relieve or otherwise impair the obligation of any Borrower to repay Swing Line Loans, together with interest as provided herein. 61 90295627_3

Appears in 1 contract

Samples: Revolving Credit Agreement (Chicago Bridge & Iron Co N V)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of (which Base Rate Loans shall be used to refinance such BorrowerSwing 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 with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender. To the extent that a Swing Line Loan has been refinanced with a Borrowing of Base Rate Loans pursuant to this Section 2.04(c)(i), such Swing Line Loan shall be deemed repaid for all purposes herein.

Appears in 1 contract

Samples: Security Agreement (Matson, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Co-Borrowers (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Multicurrency Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Multicurrency Revolving Credit Facility and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower Co-Borrowers with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Multicurrency Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Multicurrency Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower Co-Borrowers in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Kinetic Concepts Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request and no less frequently than weekly shall request, in each case, on behalf of the Borrowers Company (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. 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 2.022.02 , 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 Revolving Credit Facility and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)5.02 . The Swing Line 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. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii)) , each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower Company in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Madison Square Garden Entertainment Corp.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time (but no less frequently than once a week) in its sole and absolute discretion may request, on behalf of the Borrowers Lead Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Revolving Credit Lender’s Applicable Global Revolving Credit Adjusted Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Lead Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Adjusted Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Lead Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Ahny-Iv LLC)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Dollar Revolving Credit Lender make a Dollar Revolving Credit Loan that is a Base Rate Loan in an amount equal to such Lender’s Applicable Global Pro Rata Share (determined on the basis of the aggregate amount of its Dollar Revolving Credit Percentage Commitment as a percentage of the Aggregate Dollar Revolving Credit Commitments) of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility and the conditions set forth in Section 4.02 4.03 and provided that after giving effect thereto, the aggregate Outstanding Amount of the Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share (other than delivery determined on the basis of the aggregate amount of its Dollar Revolving Credit Commitment as a Committed Loan Notice)percentage of the Aggregate Dollar Revolving Credit Commitments) of the Outstanding Amount of all Dollar Revolving L/C Obligations, plus such Lender’s Pro Rata Share (determined on the basis of the aggregate amount of its Dollar Revolving Credit Commitment as a percentage of the Aggregate Dollar Revolving Credit Commitments) of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Dollar Revolving Credit Commitment. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Dollar Revolving Credit Lender shall make an amount equal to its Applicable Global Pro Rata Share (determined on the basis of the aggregate amount of its Dollar Revolving Credit Percentage Commitment as a percentage of the Aggregate Dollar Revolving Credit Commitments) of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-Dollar denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Dollar Revolving Credit Lender that so makes funds available shall be deemed to have made a Dollar Revolving Credit Loan that is a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Travelport LTD)

Refinancing of Swing Line Loans. (i) The Any Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize the authorizes each Swing Line Lender to so request on its behalf), that each Global Revolving Credit Dollar Tranche Lender make a Base Rate Committed Revolving Loan in an amount equal to such Dollar Tranche Lender’s Applicable Global Revolving Credit Percentage of such Swing Line Lender’s ratable portion of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Committed Revolving Loans, but subject to the unutilized portion of the Aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Such Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Dollar Tranche Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line LoanLoan for the account of any Dollar Tranche Lender) for the account of the applicable Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day date specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Dollar Tranche 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 shall remit the funds so received to the applicable Swing Line Lender.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Care Capital Properties, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole discretion and absolute discretion, but no less frequently than weekly, may request, on behalf of the Borrowers (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Revolving Loan in an amount equal to such Revolving Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. 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 2.022.03, 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 Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)5.02. The Swing Line Lender shall furnish the applicable Borrower Agent with a copy of the applicable Committed Revolving Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share of the amount specified in such Committed Revolving Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 2:00 p.m. on the day specified in such Committed Revolving Loan Notice, whereupon, subject to Section 2.04(c)(ii2.05(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Revolving Loan to the applicable Borrower Borrowers in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.. (ii) If for any reason any Swing Line Loan cannot be refinanced by such a Revolving Borrowing in accordance with Section 2.05(c)(i), the request for Base Rate Revolving Loans submitted by the Swing Line Lender as set forth herein shall be deemed to be a request by the Swing Line Lender that each of the Revolving Lenders fund its risk participation in the relevant Swing Line Loan and each Revolving Lender’s payment to the Administrative Agent for the account of the Swing Line Lender pursuant to Section 2.05(c)(i) shall be deemed payment in respect of such participation. (iii) If any Revolving Lender fails to make available to the Administrative Agent for the account of the Swing Line Lender any amount required to be paid by such Revolving Lender pursuant to the foregoing provisions of this Section 2.05(c) by the time specified in Section 2.05(c)(i), the Swing Line Lender shall be entitled to recover from such Revolving Lender (acting through the Administrative Agent), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the Swing Line Lender at a rate per annum equal to the applicable Overnight Rate from time to time in effect, plus any administrative processing or similar fees customarily charged by the Swing Line Lender in connection with the foregoing. A certificate of the Swing Line Lender submitted to any Revolving Lender (through the Administrative Agent) with respect to any amounts owing under this clause (iii) shall be conclusive absent manifest error. (iv) Each Revolving Lender’s obligation to make Revolving Loans or to purchase and fund risk participations in Swing Line Loans pursuant to this Section 2.05(c) shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any set-off, counterclaim, recoupment, defense or other right which such Revolving Lender may have against the Swing Line Lender, the Borrowers or any other Person for any reason whatsoever, (B) the occurrence or continuance of a Default, or (C) any other occurrence, event or condition, whether or not similar to any of the foregoing; provided, however, that each Revolving Lender’s obligation to make Revolving Loans 59 119482860_14 #193013499_v7

Appears in 1 contract

Samples: Credit Agreement (Mueller Water Products, Inc.)

Refinancing of Swing Line Loans. (i) The Domestic Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers applicable Domestic Borrower (each of whom which hereby irrevocably authorize requests and authorizes the Domestic Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Revolving Loan that is a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Domestic Swing Line Loans then outstanding. Each Foreign Swing Line Lender at any time in its sole discretion may request, on behalf of the applicable Foreign Borrower (which hereby irrevocably requests and authorizes such Foreign Swing Line Lender to so request on its behalf), that each Revolving Lender make a Revolving Loan that is a Eurocurrency Rate Loan in an amount equal to such Lender’s Applicable Percentage of the amount of the then outstanding for Foreign Swing Line Loans made by such Foreign Swing Line Lender to such Foreign Borrower and in the account currency of such BorrowerForeign 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 with the requirements of Section 2.02, 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 Revolving Credit Facility and the conditions set forth in Section 4.02 5.03 (other than the delivery of a Committed Loan Notice)) and provided that, after giving effect to such Borrowing, the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. The applicable Swing Line 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. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice and in the currency specified in such Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for Dollar-payments denominated payments in the applicable currency not later than 1:00 p.m. p.m., in the case of any Revolving Loan denominated in Dollars, and not later than the Applicable Time specified by the Administrative Agent in the case of any Revolving Loan denominated in an Alternative Currency, in each case on the day Business Day specified in such Committed the applicable Loan Notice, whereupon, subject to Section 2.04(c)(ii2.04(f)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Revolving Loan to the applicable Borrower Company in such amountamount and currency. The Administrative Agent shall remit the funds so received and in the currency received to the applicable Swing Line Lender.. CHAR1\1550647v12

Appears in 1 contract

Samples: Syndicated Facility Agreement (Genuine Parts Co)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Committed Revolving Loan in an amount equal to such Revolving Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Committed Revolving Loans, but subject to the unutilized portion of the Aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit 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 shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Health Care Property Investors Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers Borrower or the Designated Borrower, as applicable, (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its respective behalf), that each Global Revolving Credit Facility Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Facility Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. 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 2.022.02 and 2.03, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to sufficient Availability, the unutilized portion of the Revolving Credit Facility and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)5.05. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Borrowing Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Facility Lender shall make an amount equal to its Applicable Global Revolving Credit Facility Percentage of the amount specified in such Committed Loan Notice Borrowing Request available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan NoticeBorrowing Request, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Facility Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower or the Designated Borrower, as applicable, in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Rayonier Advanced Materials Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Dollar Lender and/or Multicurrency Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Dollar Percentage or Applicable Multicurrency Percentage, as the case may be, of the amount of Dollar Swing Line Loans or Multicurrency Swing Line Loans then outstanding for outstanding, as the account of such Borrowercase may be. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion portions of the Revolving Credit Facility Dollar Tranche and/or the Multicurrency Tranche and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Dollar Lender or Multicurrency Lender, as the case may be, shall make an amount equal to its Applicable Global Revolving Credit Dollar Percentage or Applicable Multicurrency Percentage, as the case may be, of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii2.05(c)(ii), each Global Revolving Credit such Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Total System Services Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers relevant Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Tranche A Revolving Credit Lender make a Tranche A Revolving Credit Loan (which shall be a Base Rate Loan Loan) in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the aggregate Tranche A Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.03. The Swing Line Lender shall furnish the applicable relevant Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Tranche A Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-Dollar denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Tranche A Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable relevant Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (LEM America, Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole discretion and absolute discretion, but no less frequently than weekly, may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Eurodollar Rate Revolving Loan in an amount equal to such Revolving Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, 2.02 without regard to the minimum and multiples specified therein for the principal amount of Base Eurodollar Rate Loans, but subject to the unutilized portion of the Aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)5.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for 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 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Eurodollar Rate Revolving Loan to the applicable Borrower Borrowers in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Twin Disc Inc)

Refinancing of Swing Line Loans. (i) i.The Swing Line Lender at any time in its sole discretion discretion, but no less frequently than weekly, may request, on behalf of the Borrowers (each of whom which hereby irrevocably authorize the Swing Line Lender to so request on its their behalf), that each Global Revolving Credit Lender make a Base Rate Revolving Credit Loan in an amount equal to such Revolving Credit Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, 2.02 without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)5.02. The Swing Line 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. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for 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 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Revolving Credit Loan to the applicable Borrower Borrowers in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Synalloy Corp)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)5.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 2:00 p.m. on the day specified in such Committed Loan NoticeNotice (provided that such Lender receives such Loan Notice from the Administrative Agent by 12:00 noon on such Business Day), whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Revolving Loan that is a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.. (ii) If for any reason any Swing Line Loan cannot be refinanced by such a Borrowing of Revolving Loans in accordance with Section 2.04(c)(i), the request for Base Rate Loans submitted by the Swing Line Lender as set forth herein shall be deemed to be a request by the Swing Line Lender that each of the Lenders fund its risk participation in the relevant Swing Line Loan and each Lender’s payment to the Administrative Agent for the account of the Swing Line Lender pursuant to Section 2.04(c)(i) shall be deemed payment in respect of such participation. (iii) If any Lender fails to make available to the Administrative Agent for the account of the Swing Line Lender any amount required to be paid by such Lender pursuant to the foregoing provisions of this Section 2.04(c) by the time specified in Section 2.04(c)(i), the Swing Line Lender shall be entitled to recover from such Lender (acting through the Administrative Agent), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment

Appears in 1 contract

Samples: Credit Agreement (Ciner Resources LP)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Lead Borrower (each of whom which hereby irrevocably authorize the authorizes such Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share or other applicable share provided for under this Agreement of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Lead Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share or other applicable share provided for under this Agreement of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for 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 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Lead Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (CONDUENT Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Multicurrency Revolving Credit Lender make a Base Rate Loan in an amount equal to such Multicurrency Revolving Credit Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Multicurrency Revolving Credit Facility and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Multicurrency Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds Dollars in immediately available 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 Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Multicurrency Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Diamond Foods Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may may, request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Eurodollar Rate Committed Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for outstanding; provided that (unless an Autoborrow Agreement is then in effect) the account of Swing Line Lender intends to request each Lender to make such BorrowerEurodollar Rate Committed Loans no less frequently than twice in any given calendar 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 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Eurodollar Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility Aggregate Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan NoticeNotice (or, if later, one Business Day after the Swing Line Lender delivers such notice), whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Eurodollar Rate Committed Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Intercreditor Agreement (Asbury Automotive Group Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Pro Rata Share (regardless of the Class of Revolving Credit Percentage Commitments held by such Lender) of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the aggregate Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Pro Rata Share (regardless of the Class of Revolving Credit Percentage Commitments held by such Lender) of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Catalent Pharma Solutions, Inc.)

Refinancing of Swing Line Loans. (iiii) The Swing Line Lender at any time in its sole and absolute discretion may may, request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Revolving Credit Loan that is a Base Rate Loan in an amount equal to such Revolving Credit Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Credit Facility and the conditions set forth in Section 4.02 (other than delivery provided that no Event of a Committed Loan Notice)Default exists or would result therefrom. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (On Assignment Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Revolving Credit Loan in the form of a Base Rate Loan in an amount equal to such Revolving Credit Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the aggregate Revolving 106 Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount in the applicable currency equal to its Applicable Global Revolving Credit Percentage Pro Rata Share or other applicable share provided for under this Agreement of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agent’s Office for 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 2.04(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender. Upon the remission by the Administrative Agent to the Swing Line Lender of the full amount specified in such Loan Notice, the Borrower shall be deemed to have repaid the applicable Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Cincinnati Bell Inc)

Refinancing of Swing Line Loans. (i) The Each Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers (each of whom which hereby irrevocably authorize the Swing Line Lender Lenders to so request on its their behalf), that each Global applicable Revolving Credit Lender make a Base Rate Committed Loan in an amount equal to such Revolving Credit Lender’s Applicable Global Revolving Credit Percentage of the amount of Swing Line Loans then outstanding for the account of such Borroweroutstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the U.S. Revolving Credit Facility or the Global Revolving Credit Facility, as applicable, and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The applicable Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global applicable Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in the applicable currency 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 Lender at the Administrative Agent’s Office for Dollar-payments denominated payments in the applicable currency not later than 1:00 p.m. (Eastern time, in the case of U.S. Swing Line Loans, or London time, in the case of Global Swing Line Loans) on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Revolving Credit 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 shall remit the funds so received to the applicable Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Hain Celestial Group Inc)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Tranche B Revolving Credit Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share of the amount of Swing Line Loans US_ACTIVE:\44299297\214\35899.0483 then outstanding for the account of outstanding. Each such 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 2.022.02(a), without regard to the minimum and multiples specified therein for the principal amount of Base Rate LoansLoans or the conditions set forth in Section 4.02, but subject to the unutilized portion of the aggregate Tranche B Revolving Credit Facility and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)Commitments. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Tranche B Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral immediately available with respect to the applicable Swing Line Loan) funds for the account of the Swing Line Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii), each Global Tranche B Revolving Credit Lender that so makes funds available shall be deemed to have made a Tranche B Revolving Credit Loan that is a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (ClubCorp Holdings, Inc.)

Refinancing of Swing Line Loans. (i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Borrowers Borrower (each of whom which hereby irrevocably authorize authorizes the Swing Line Lender to so request on its behalf), that each Global Revolving Credit Lender make a Revolving Loan that is a Base Rate Loan in an amount equal to such Lender’s Applicable Global Revolving Credit Percentage Pro Rata Share of the amount of Swing Line Loans made by then Swing Line Lender then outstanding for (the account of such Borrower“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 2.022.03(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 unused Revolving Credit Facility Commitments and the conditions set forth in Section 4.02 (other than delivery of a Committed Loan Notice)4.02. The Swing Line Lender shall furnish the applicable Borrower with a copy of the applicable such Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Global Revolving Credit Lender shall make an amount equal to its Applicable Global Revolving Credit Percentage Pro Rata Share of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds immediately available 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 Lender at the Administrative Agent’s Office for 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 2.04(c)(ii2.03(c)(ii), each Global Revolving Credit Lender that so makes funds available shall be deemed to have made a Revolving Loan that is a Base Rate Loan to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.

Appears in 1 contract

Samples: Abl Revolving Credit Agreement (Petco Health & Wellness Company, Inc.)

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