Common use of Refinancing of U.S. Swing Line Loans Clause in Contracts

Refinancing of U.S. Swing Line Loans. (i) The U.S. Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the U.S. Borrower (which hereby irrevocably authorizes the U.S. Swing Line Lender to so request on its behalf), that each Lender make a U.S. Base Rate Committed Loan in an amount equal to such Lender’s Pro Rata Share of the amount of U.S. Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. 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 U.S. Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Commitments and the conditions set forth in Section 6.02. The U.S. Swing Line Lender shall furnish the U.S. Borrower with a copy of the applicable U.S. Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Lender shall make an amount equal to its Pro Rata Share of the amount specified in such U.S. Committed Loan Notice available to the Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) for the account of the U.S. Swing Line Lender at the Administrative Agent’s Office not later than 1:00 p.m. on the day specified in such U.S. Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii), each Lender that so makes funds available shall be deemed to have made a U.S. Base Rate Committed Loan to the U.S. Borrower in such amount. The Administrative Agent shall remit the funds so received to the U.S. Swing Line Lender.

Appears in 3 contracts

Samples: Credit Agreement (Devon Energy Corp/De), Credit Agreement (Devon Energy Corp/De), Credit Agreement (Devon Energy Corp/De)

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Refinancing of U.S. Swing Line Loans. (ia) The U.S. Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the applicable U.S. Borrower (which hereby irrevocably authorizes the U.S. Swing Line Lender to so request on its behalf), that each U.S. Lender make a U.S. Base Rate Committed Loan in an amount equal to such U.S. Lender’s Pro Rata Share Applicable Tranche Percentage of the amount of the U.S. Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.022.3, without regard to the minimum and multiples specified therein for the principal amount of U.S. Base Rate Committed Loans, but subject to the unutilized portion of the U.S. Aggregate U.S. Commitments and the conditions set forth in Section 6.028.2. The U.S. Swing Line Lender shall furnish the such U.S. Borrower with a copy of the applicable U.S. Committed Loan Notice promptly after delivering such notice to the Administrative U.S. Funding Agent. Each U.S. Lender shall make an amount equal to its Pro Rata Share Applicable Tranche Percentage of the amount specified in such U.S. Committed Loan Notice available to the Administrative U.S. Funding Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) Same Day Funds for the account of the U.S. Swing Line Lender at the Administrative U.S. Funding Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. 12:00 noon on the day specified in such U.S. Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii2.5.3(b), each U.S. Lender that so makes funds available shall be deemed to have made a U.S. Base Rate Committed Loan to the such U.S. Borrower in such amount. The Administrative U.S. Funding Agent shall remit the funds so received to the U.S. Swing Line Lender.

Appears in 2 contracts

Samples: Global Senior Credit Agreement (Prologis, L.P.), Global Senior Credit Agreement (Prologis)

Refinancing of U.S. Swing Line Loans. (ia) The U.S. Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the applicable U.S. Borrower (which hereby irrevocably authorizes the U.S. Swing Line Lender to so request on its behalf), that each U.S. Lender make a U.S. Base Rate Committed Loan in an amount equal to such U.S. Lender’s Pro Rata Share Applicable Tranche Percentage of the amount of the U.S. Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.022.3, without regard to the minimum and multiples specified therein for the principal amount of U.S. Base Rate Committed Loans, but subject to the unutilized portion of the U.S. Aggregate U.S. Commitments and the conditions set forth in Section 6.0210.2. The U.S. Swing Line Lender shall furnish the such U.S. Borrower with a copy of the applicable U.S. Committed Loan Notice promptly after delivering such notice to the Administrative U.S. Funding Agent. Each U.S. Lender shall make an amount equal to its Pro Rata Share Applicable Tranche Percentage of the amount specified in such U.S. Committed Loan Notice available to the Administrative U.S. Funding Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) Same Day Funds for the account of the U.S. Swing Line Lender at the Administrative U.S. Funding Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. 12:00 noon on the day specified in such U.S. Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii2.5.3(b), each U.S. Lender that so makes funds available shall be deemed to have made a U.S. Base Rate Committed Loan to the such U.S. Borrower in such amount. The Administrative U.S. Funding Agent shall remit the funds so received to the U.S. Swing Line Lender.

Appears in 2 contracts

Samples: Global Senior Credit Agreement (Prologis), Global Senior Credit Agreement (Prologis)

Refinancing of U.S. Swing Line Loans. (i) The U.S. Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the U.S. Borrower (which hereby irrevocably authorizes the U.S. Swing Line Lender to so request on its behalf), that each U.S. Revolver Lender make a U.S. Base Rate Committed Loan in an amount equal to such that Lender’s Pro Rata Share U.S. Revolver Percentage of the amount of U.S. Swing Line Loans then outstanding; provided that the Swing Line Lender shall be deemed to have made such a request as of the Wednesday of each week (provided that if such day is not a Business Day, such request shall be deemed to have been made as of the next succeeding Business Day) unless the Swing Line Lender shall otherwise notify the U.S. Revolver Lenders. Such request shall be made in writing (which written request shall be deemed to be a U.S. Committed Loan Notice of Borrowing for purposes hereof) and in accordance with the requirements of Section 2.022.2, without regard to the minimum and multiples specified therein for the principal amount of U.S. Base Rate LoansLoans or the time for borrowing, but subject to the unutilized portion of the Aggregate U.S. Commitments Revolver and the conditions set forth in Section 6.0211.2. The U.S. Swing Line Lender shall furnish the U.S. Borrower with a copy of the applicable U.S. Committed Loan Notice of Borrowing promptly after delivering such notice to the Administrative Agent. Each U.S. Revolver Lender shall make an amount equal to its Pro Rata Share U.S. Revolver Percentage of the amount specified in such U.S. Committed Loan Notice of Borrowing available to the Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) for the account of the U.S. Swing Line Lender at the Administrative Agent’s Office Bank of America not later than 1:00 p.m. 12:00 noon on the day specified in such U.S. Committed Loan NoticeNotice of Borrowing, whereupon, subject to Section 2.05(c)(ii2.4(c)(ii), each U.S. Revolver Lender that so makes funds available shall be deemed to have made a U.S. Base Rate Committed Loan to the U.S. Borrower in such amount. The Administrative Agent shall remit the funds so received to the U.S. Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Ryerson Inc.), Credit Agreement (J.M. Tull Metals Company, Inc.)

Refinancing of U.S. Swing Line Loans. (iA) The U.S. US Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the U.S. Borrower Grant Prideco, L.P. (which hereby irrevocably authorizes the U.S. US Swing Line Lender to so request on its behalf), that each Lender make a U.S. Base Rate Committed Loan in an amount equal to such Lender’s Pro Rata Share Applicable Percentage of the amount of U.S. US Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. 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 U.S. Base Rate Loans, but subject to the amount of the unutilized portion of the Aggregate U.S. Commitments (US) or Aggregate Combined Commitments, as applicable, and the conditions set forth in Section 6.024.02. The U.S. US Swing Line Lender shall furnish the U.S. Borrower Grant Prideco, L.P. with a copy of the applicable U.S. Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Lender shall make an amount equal to its Pro Rata Share Applicable Percentage of the amount specified in such U.S. Committed Loan Notice available to the Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) Same Day Funds for the account of the U.S. US 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 U.S. Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii2.04(a)(iii)(B), each Lender that so makes funds available shall be deemed to have made a U.S. Base Rate Committed Loan to the U.S. Borrower Grant Prideco, L.P. in such amount. The Administrative Agent shall remit the funds so received to the U.S. US Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Grant Prideco Inc), Assignment and Assumption (Grant Prideco Inc)

Refinancing of U.S. Swing Line Loans. (i) The U.S. Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the U.S. Borrower Company (which hereby irrevocably authorizes the U.S. Swing Line Lender to so request on its behalf), that each Tranche 1 Lender make a U.S. Base Rate Committed Tranche 1 Loan in an amount equal to such Tranche 1 Lender’s Pro Rata Share of the amount of U.S. Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. Committed Tranche 1 Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.022.01, without regard to the minimum and multiples specified therein for the principal amount of U.S. Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Tranche 1 Commitments and the conditions set forth in Section 6.024.02. The U.S. Swing Line Lender shall furnish the U.S. Borrower Company with a copy of the applicable U.S. Committed Tranche 1 Loan Notice promptly after delivering such notice to the Administrative Agent. Each Tranche 1 Lender shall make an amount equal to its Pro Rata Share of the amount specified in such U.S. Committed Tranche 1 Loan Notice available to the Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) Same Day Funds for the account of the U.S. Swing Line Lender at the Administrative Agent’s Office for U.S. Dollar-denominated payments not later than 1:00 p.m. 10:00 a.m. on the day specified in such U.S. Committed Tranche 1 Loan Notice, whereupon, subject to Section 2.05(c)(ii2.04(c)(ii), each Tranche 1 Lender that so makes funds available shall be deemed to have made a U.S. Base Rate Committed Tranche 1 Loan to the U.S. Borrower Company in such amount. The Administrative Agent shall remit the funds so received to the U.S. Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Jacobs Engineering Group Inc /De/)

Refinancing of U.S. Swing Line Loans. (i) The U.S. Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the U.S. Borrower (which hereby irrevocably authorizes the U.S. Swing Line Lender to so request on its behalf), that each U.S. Lender make a U.S. Base Rate Committed U.S. Revolving Credit Loan in an amount equal to such U.S. Lender’s Pro Rata Share Applicable Revolving Credit/Committed Loan Percentage of the amount of U.S. Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. 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 U.S. Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Revolving Credit Commitments and the conditions set forth in Section 6.024.02. The U.S. Swing Line Lender shall furnish the U.S. Borrower with a copy of the applicable U.S. Committed Loan Notice promptly after delivering such notice to the Administrative U.S. Agent. Each U.S. Lender shall make an amount equal to its Pro Rata Share Applicable Revolving Credit/Committed Loan Percentage of the amount specified in such U.S. Committed Loan Notice available to the Administrative U.S. Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) for the account of the U.S. Swing Line Lender at the Administrative U.S. Agent’s Office not later than 1:00 p.m. on the day specified in such U.S. Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii), each U.S. Lender that so makes funds available shall be deemed to have made a U.S. Base Rate Committed U.S. Revolving Credit Loan to the U.S. Borrower in such amount. The Administrative U.S. Agent shall remit the funds so received to the U.S. Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Castle a M & Co)

Refinancing of U.S. Swing Line Loans. (iA) The U.S. Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the U.S. applicable Domestic Borrower (which hereby irrevocably authorizes the U.S. Swing Line Lender to so request on its behalf), that each Lender make a U.S. Revolver A Loan that is a Base Rate Committed Loan denominated in Dollars in an amount equal to such Lender’s Pro Rata Share Commitment Percentage of the amount of U.S. Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. Committed Loan Notice of Borrowing for purposes hereof) and in accordance with the requirements of Section 2.02, 2.01 without regard to the minimum and multiples specified therein for the principal amount of U.S. Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Revolving A Credit Commitments and the conditions set forth in Section 6.024.02. The U.S. Swing Line Lender shall furnish the U.S. applicable Domestic Borrower with a copy of the applicable U.S. Committed Loan Notice of Borrowing promptly after delivering such notice to the Administrative Agent. Each Lender shall make an amount equal to its Pro Rata Share Commitment Percentage of the amount specified in such U.S. Committed Loan Notice of Borrowing available to the Administrative Agent in immediately available funds Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) for the account of the U.S. 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 U.S. Committed Loan NoticeNotice of Borrowing, whereupon, subject to Section 2.05(c)(ii2.01(c)(iii)(B), each Lender that so makes funds available shall be deemed to have made a U.S. Revolver A Loan that is a Base Rate Committed Loan denominated in Dollars to the U.S. applicable Domestic Borrower in such amount. The Administrative Agent shall remit the funds so received to the U.S. Swing Line Lender.

Appears in 1 contract

Samples: Joinder and Assumption Agreement (West Pharmaceutical Services Inc)

Refinancing of U.S. Swing Line Loans. (i) The U.S. Swing Line Lender at any time in its sole and absolute discretion (but at least once per week) may request, on behalf of the Specified U.S. Borrower (which hereby irrevocably authorizes the U.S. Swing Line Lender to so request on its behalf), that each U.S. Appropriate Lender make a U.S. Base Rate Committed Loan in an amount equal to the sum of such Lender’s Pro Rata Share Applicable Percentage of the amount of U.S. Swing Line Loans then outstandingoutstanding and any Defaulting Lender’s Applicable Percentage of such U.S. Swing Line Loans that has been reallocated to such Lender pursuant to Section 2.04(A)(b). Such request shall be made in writing (which written request shall be deemed to be a U.S. 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 U.S. Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Commitments Revolving Credit Facility and the conditions set forth in Section 6.024.02. The U.S. Swing Line Lender shall furnish the Specified U.S. Borrower with a copy of the applicable U.S. Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each U.S. Appropriate Lender shall make an amount equal to its Pro Rata Share the sum of such Lender’s Applicable Percentage of the amount specified in such U.S. Committed Loan Notice and any Defaulting Lender’s Applicable Percentage of such amount that has been reallocated to such Lender pursuant to Section 2.04(A)(b) available to the Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) for the account of the U.S. Swing Line Lender at the Administrative Agent’s Office not later than 1:00 p.m. on the day specified in such U.S. Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii2.04(A)(c)(ii), each U.S. Appropriate Lender that so makes funds available shall be deemed to have made a U.S. Base Rate Committed Loan to the Specified U.S. Borrower in such amount. The Administrative Agent shall remit the funds so received to the U.S. Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Ply Gem Holdings Inc)

Refinancing of U.S. Swing Line Loans. (i) The U.S. US Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the U.S. US Facility Borrower (which hereby irrevocably authorizes the U.S. US Swing Line Lender to so request on its behalf), that each US Lender make a U.S. US Base Rate Committed Loan in an amount equal to such Lender’s Pro Rata Share of the amount of U.S. the US Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. US 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 U.S. US Base Rate Committed Loans, but subject to the unutilized portion of the Aggregate U.S. Commitments proviso set forth in Section 2.01 and the conditions set forth in Section 6.02. The U.S. US Swing Line Lender shall furnish the U.S. US Facility Borrower with a copy of the applicable U.S. US Committed Loan Borrowing Notice promptly after delivering such notice to the Administrative Agent. Each US Lender shall make an amount equal to its Pro Rata Share of the amount specified in such U.S. US Committed Loan Borrowing Notice available to the Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) for the account of the U.S. US Swing Line Lender at the Administrative Agent’s Office not later than 1:00 p.m. on the day specified in such U.S. US Committed Loan Borrowing Notice, whereupon, subject to Section 2.05(c)(ii), each Lender that so makes funds available shall be deemed to have made a U.S. US Base Rate Committed Loan to the U.S. US Facility Borrower in such amount. The Administrative Agent shall remit the funds so received to the U.S. US Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Burlington Resources Inc)

Refinancing of U.S. Swing Line Loans. (i) The U.S. Swing Line Lender at any time in its sole and absolute discretion (but at least once per week) may request, on behalf of the Specified U.S. Borrower (which hereby irrevocably authorizes the U.S. Swing Line Lender to so request on its behalf), that each U.S. Revolving Credit Lender make a U.S. Base Rate Committed Loan in an amount equal to such Lender’s Pro Rata Share Applicable Percentage of the amount of U.S. Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. 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 U.S. Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Commitments Revolving Credit Facility and the conditions set forth in Section 6.024.02. The U.S. Swing Line Lender shall furnish the Specified U.S. Borrower with a copy of the applicable U.S. Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each U.S. Revolving Credit Lender shall make an amount equal to its Pro Rata Share Applicable Percentage of the amount specified in such U.S. Committed Loan Notice available to the Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) for the account of the U.S. Swing Line Lender at the Administrative Agent’s Office not later than 1:00 3:00 p.m. on the day specified in such U.S. Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii2.04(A)(c)(ii), each U.S. Revolving Credit Lender that so makes funds available shall be deemed to have made a U.S. Base Rate Committed Loan to the Specified U.S. Borrower in such amount. The Administrative Agent shall remit the funds so received to the U.S. Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Nortek Inc)

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Refinancing of U.S. Swing Line Loans. (i) The U.S. Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the U.S. Borrower (which hereby irrevocably authorizes the U.S. Swing Line Lender to so request on its behalf), that each U.S. Revolver Lender make a U.S. Base Rate Committed Loan in an amount equal to such that Lender’s Pro Rata Share U.S. Revolver Percentage of the amount of U.S. Swing Line Loans then outstanding; provided that the Swing Line Lender shall be deemed to have made such a request as of the Wednesday of each week (provided that if such day is not a Business Day, such request shall be deemed to have been made as of the next succeeding Business Day) unless the Swing Line Lender shall otherwise notify the U.S. Revolver Lenders. Such request shall be made in writing (which written request shall be deemed to be a U.S. Committed Loan Notice of Borrowing for purposes hereof) and in accordance with the requirements of Section 2.022.2, without regard to the minimum and multiples specified therein for the principal amount of U.S. Base Rate LoansLoans or the time for borrowing, but subject to the unutilized portion of the Aggregate U.S. Commitments Revolver and the conditions set forth in Section 6.0211.2. The U.S. Swing Line Lender shall furnish the U.S. Borrower with a copy of the applicable U.S. Committed Loan Notice of Borrowing promptly after delivering such notice to the Administrative Agent. Each U.S. Revolver Lender shall make an amount equal to its Pro Rata Share U.S. Revolver Percentage of the amount specified in such U.S. Committed Loan Notice of Borrowing available to the Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) for the account of the U.S. Swing Line Lender at the Administrative Agent’s Office Bank of America not later than 1:00 p.m. 12:00 noon on the day specified in such U.S. Committed Loan NoticeNotice of Borrowing, whereupon, subject to Section 2.05(c)(ii2.4.1(c)(ii), each U.S. Revolver Lender that so makes funds available shall be deemed to have made a U.S. Base Rate Committed Loan to the U.S. Borrower in such amount. The Administrative Agent shall remit the funds so received to the U.S. Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Ryerson Holding Corp)

Refinancing of U.S. Swing Line Loans. (i) The U.S. Swing Line Lender at any time in its sole and absolute discretion (but at least once per week) may request, on behalf of the Specified U.S. Borrower (which hereby irrevocably authorizes the U.S. Swing Line Lender to so request on its behalf), that each U.S. Revolving Credit Lender make a U.S. Base Rate Committed Loan in an amount equal to such Lender’s Pro Rata Share 's Applicable Percentage of the amount of U.S. Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. 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 U.S. Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Commitments Revolving Credit Facility and the conditions set forth in Section 6.024.02. The U.S. Swing Line Lender shall furnish the Specified U.S. Borrower with a copy of the applicable U.S. Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each U.S. Revolving Credit Lender shall make an amount equal to its Pro Rata Share Applicable Percentage of the amount specified in such U.S. Committed Loan Notice available to the Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) for the account of the U.S. Swing Line Lender at the Administrative Agent’s 's Office not later than 1:00 3:00 p.m. on the day specified in such U.S. Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii2.04(A)(c)(ii), each U.S. Revolving Credit Lender that so makes funds available shall be deemed to have made a U.S. Base Rate Committed Loan to the Specified U.S. Borrower in such amount. The Administrative Agent shall remit the funds so received to the U.S. Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Nortek Inc)

Refinancing of U.S. Swing Line Loans. (i) The U.S. Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the U.S. Borrower (which hereby irrevocably authorizes the U.S. Swing Line Lender to so request on its behalf), that each U.S. Lender make a U.S. Base Rate Committed Loan in an amount equal to such U.S. Lender’s Pro Rata Share 's Applicable Percentage of the amount of U.S. Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. 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 U.S. Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Commitments and the conditions set forth in Section 6.024.02. The U.S. Swing Line Lender shall furnish the U.S. Borrower with a copy of the applicable U.S. Committed Loan Notice promptly after delivering such notice to the Administrative U.S. Agent. Each U.S. Lender shall make an amount equal to its Pro Rata Share Applicable Percentage of the amount specified in such U.S. Committed Loan Notice available to the Administrative U.S. Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) for the account of the U.S. Swing Line Lender at the Administrative U.S. Agent’s 's Office not later than 1:00 p.m. on the day specified in such U.S. Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii), each U.S. Lender that so makes funds available shall be deemed to have made a U.S. Base Rate Committed Loan to the U.S. Borrower in such amount. The Administrative U.S. Agent shall remit the funds so received to the U.S. Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Castle a M & Co)

Refinancing of U.S. Swing Line Loans. (i) The U.S. US Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the U.S. US Borrower (which hereby irrevocably authorizes the U.S. US DEVON CREDIT AGREEMENT Swing Line Lender to so request on its behalf), that each Lender make a U.S. US Base Rate Committed Loan in an amount equal to such Lender’s 's Pro Rata Share of the amount of U.S. US Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. US 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 U.S. US Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. US Commitments and the conditions set forth in Section 6.02. The U.S. US Swing Line Lender shall furnish the U.S. US Borrower with a copy of the applicable U.S. US Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Lender shall make an amount equal to its Pro Rata Share of the amount specified in such U.S. US Committed Loan Notice available to the Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) for the account of the U.S. US Swing Line Lender at the Administrative Agent’s 's Office not later than 1:00 p.m. on the day specified in such U.S. US Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii), each Lender that so makes funds available shall be deemed to have made a U.S. US Base Rate Committed Loan to the U.S. US Borrower in such amount. The Administrative Agent shall remit the funds so received to the U.S. US Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Devon Energy Corp/De)

Refinancing of U.S. Swing Line Loans. (i) The U.S. US Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the U.S. applicable Borrower (which hereby irrevocably authorizes the U.S. US Swing Line Lender to so request on its behalf), that each Lender make a U.S. Revolving Loan that is Base Rate Committed Loan in an amount equal to such Lender’s Pro Rata Share Applicable Percentage of the US Dollar Equivalent of the amount of U.S. any US Swing Line Loans Loan then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. 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 U.S. Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Commitments and the conditions set forth in Section 6.025.02 (other than the delivery of a Loan Notice) and provided that, after giving effect to such Borrowing, the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. The U.S. US Swing Line Lender shall furnish the U.S. applicable Borrower with a copy of the applicable U.S. Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Lender shall make an amount in US Dollars equal to its Pro Rata Share Applicable Percentage of the amount specified in such U.S. Committed Loan Notice available to the Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) Same Day Funds for the account of the U.S. US Swing Line Lender at the Administrative Agent’s Office for US Dollar-denominated deposits not later than 1:00 p.m. on the day specified in such U.S. Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii2.04(c)(ii), each Lender that so makes funds available shall be deemed to have made a U.S. Revolving Loan that is a Base Rate Committed Loan to the U.S. applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the U.S. US Swing Line LenderLender in US Dollars.

Appears in 1 contract

Samples: Credit Agreement (Brightpoint Inc)

Refinancing of U.S. Swing Line Loans. (ia) The Each U.S. Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the U.S. Borrower Company (which hereby irrevocably authorizes the each U.S. Swing Line Lender to so request on its behalf), that each Lender make a U.S. Revolving Loan that is a Base Rate Committed Loan in an amount equal to such Lender’s Pro Rata Share Applicable Percentage of the amount of such U.S. Swing Line Lender’s U.S. Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. 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 U.S. Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. Commitments and the conditions set forth in Section 6.024.02. The applicable U.S. Swing Line Lender shall furnish the U.S. Borrower Company with a copy of the applicable U.S. Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Lender shall make an amount equal to its Pro Rata Share Applicable Percentage of the amount specified in such U.S. Committed Loan Notice available to the Administrative Agent in immediately available funds Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) for the account of the applicable U.S. 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 U.S. Committed Loan Notice, 55CHAR1\1990274v3 CHAR1\1990274v1 whereupon, subject to Section 2.05(c)(ii2.04(c)(i)(B), each Lender that so makes funds available shall be deemed to have made a U.S. Revolving Loan that is a Base Rate Committed Loan to the U.S. Borrower Company in such amount. The Administrative Agent shall remit the funds so received to the applicable U.S. Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Itt Inc.)

Refinancing of U.S. Swing Line Loans. (i) The U.S. US Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the U.S. US Borrower (which hereby irrevocably authorizes the U.S. US Swing Line Lender to so request on its behalf), that each Lender make a U.S. US Base Rate Committed Loan in an amount equal to such Lender’s Pro Rata Share of the amount of U.S. US Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a U.S. US 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 U.S. US Base Rate Loans, but subject to the unutilized portion of the Aggregate U.S. US Commitments and the conditions set forth in Section 6.02. The U.S. US Swing Line Lender shall furnish the U.S. US Borrower with a copy of the applicable U.S. US Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Lender shall make an amount equal to its Pro Rata Share of the amount specified in such U.S. US Committed Loan Notice available to the Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable U.S. Swing Line Loan) for the account of the U.S. US Swing Line Lender at the Administrative Agent’s Office not later than 1:00 p.m. on the day specified in such U.S. US Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii), each Lender that so makes funds available shall be deemed to have made a U.S. US Base Rate Committed Loan to the U.S. US Borrower in such amount. The Administrative Agent shall remit the funds so received to the U.S. US Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Devon Energy Corp/De)

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