Common use of Refunding of, or Funding of Participations in, Swing Line Loans Clause in Contracts

Refunding of, or Funding of Participations in, Swing Line Loans. The Swing Line Lender may at any time, in its sole discretion, on behalf of any applicable Borrower (each of which hereby irrevocably authorizes the Swing Line Lender to act on its behalf) deliver a notice to the Administrative Agent (with a copy to the applicable Borrower) requesting that each Revolving Lender (including the Swing Line Lender in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (ii) in the case of an UK Swing Line Loan, a Daily Floating LIBOR Loan in the currency of such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) in such Revolving Lender’s Percentage with respect to the Revolving Facility of the amount of such Swing Line Loan for the purpose of repaying such Swing Line Loan (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line Loan); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders may not then make Revolving Loans, then instead of making Revolving Loans, each Revolving Lender (other than the Swing Line Lender) shall become immediately obligated to fund its participation in the applicable Swing Line Loan and shall pay to the Administrative Agent for the account of the Swing Line Lender an amount in the Applicable Currency equal to such Revolving Lender’s Percentage with respect to the Revolving Facility of such Swing Line Loan. If and to the extent any Revolving Lender shall not have made such amount available to the Administrative Agent by 2:00 p.m. on the Business Day on which such Revolving Lender receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon on any Business Day shall be deemed to have been received on the next following Business Day), such Revolving Lender agrees to pay interest on such amount to the Administrative Agent for the Swing Line Lender’s account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to the applicable Overnight Rate from time to time in effect plus, beginning on the third Business Day after demand, 1% per annum. Any Revolving Lender’s failure to make available to the Administrative Agent its Percentage of the amount of a Swing Line Loan shall not relieve any other Revolving Lender of its obligation hereunder to make available to the Administrative Agent such other Revolving Lender’s Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available to the Administrative Agent such other Revolving Lender’s Percentage with respect to the Revolving Facility of any such amount.

Appears in 2 contracts

Samples: Credit Agreement (Middleby Corp), Pledge Agreement (Middleby Corp)

AutoNDA by SimpleDocs

Refunding of, or Funding of Participations in, Swing Line Loans. The Swing Line Lender may at any time, in its sole discretion, on behalf of any applicable Borrower the Company (each of which hereby irrevocably authorizes the Swing Line Lender to act on its behalf) deliver a notice to the Administrative Agent (with a copy to the applicable BorrowerCompany) requesting that each Revolving Lender (including the Swing Line Lender in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (ii) in the case of an UK Swing Line Loan, a Daily Floating LIBOR Loan in the currency of such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) in such Revolving Lender’s Percentage with respect to the Revolving Facility of the aggregate amount of such Swing Line Loan Loans outstanding on such date for the purpose of repaying such all Swing Line Loan Loans (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line LoanLoans); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders may not then make Revolving Loans, then instead of making Revolving Loans, Loans each Revolving Lender (other than the Swing Line Lender) shall become immediately obligated to fund its participation in the applicable all outstanding Swing Line Loan Loans and shall pay to the Administrative Agent for the account of the Swing Line Lender an amount in the Applicable Currency equal to such Revolving Lender’s Percentage with respect to the Revolving Facility of such Swing Line LoanLoans. If and to the extent any Revolving Lender shall not have made such amount available to the Administrative Agent by 2:00 p.m. P.M. on the Business Day on which such Revolving Lender receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon on any Business Day shall be deemed to have been received on the next following Business Day), such Revolving Lender agrees to pay interest on such amount to the Administrative Agent for the Swing Line Lender’s account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (a) for the applicable Overnight first three days after demand, the Federal Funds Rate from time to time in effect plusand (b) thereafter, beginning on the third Business Day after demand, 1% per annumBase Rate from time to time in effect. Any Revolving Lender’s failure to make available to the Administrative Agent its Percentage of the amount of a all outstanding Swing Line Loan Loans shall not relieve any other Revolving Lender of its obligation hereunder to make available to the Administrative Agent such other Revolving Lender’s Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available to the Administrative Agent such other Revolving Lender’s Percentage with respect to the Revolving Facility of any such amount.

Appears in 2 contracts

Samples: Pledge Agreement (Middleby Corp), Credit Agreement (Middleby Corp)

Refunding of, or Funding of Participations in, Swing Line Loans. The Any applicable Swing Line Lender may at any time, in its sole discretion, upon at least three Business Days’ notice (or same day notice if an Event of Default exists) to the Company and the Administrative Agent (it being understood that any notice delivered after 9:00 a.m. (New York City time) shall be deemed received on the next Business Day), on behalf of any applicable Borrower the Company (each of which hereby irrevocably authorizes the each Swing Line Lender to act on its behalf) deliver a notice to the Administrative Agent (with a copy to the applicable Borrowerwhich shall promptly notify each Revolving Lender of its receipt thereof) requesting that each Revolving Lender (including the such Swing Line Lender in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (iiLoan unless the Company makes a timely request for a borrowing of Eurodollar Loans denominated in Dollars) on the date specified in the case of an UK Swing Line Loan, a Daily Floating LIBOR Loan in the currency of such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) notice in such Revolving Lender’s Percentage with respect to the Revolving Facility of the aggregate amount of such Swing Line Loan Loans outstanding on such date for the purpose of repaying such all Swing Line Loan Loans (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line LoanLoans); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders may not then make Revolving Loans, then instead of making Revolving Loans, Loans each Revolving Lender (other than the Swing Line Lender) shall become immediately obligated to fund its participation in the applicable all outstanding Swing Line Loan Loans and shall pay to the Administrative Agent for the account of the applicable Swing Line Lender Lenders an amount in the Applicable Currency equal to such Revolving Lender’s Percentage with respect to the Revolving Facility of such Swing Line LoanLoans. If and to the extent any Revolving Lender shall not have made such amount available to the Administrative Agent by 2:00 p.m. (New York City time) on the Business Day on which such Revolving Lender receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon (New York City time) on any Business Day shall be deemed to have been received on the next following Business Day), such Revolving Lender agrees to pay interest on such amount to the Administrative Agent for the Swing Line Lender’s account Lenders’ accounts forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (a) for the applicable Overnight first three days after demand, the Federal Funds Rate from time to time in effect plusand (b) thereafter, beginning on the third Business Day after demand, 1% per annumBase Rate plus the Base Rate Margin from time to time in effect. Any Revolving Lender’s failure to make available to the Administrative Agent its Percentage of the amount of a all outstanding Swing Line Loan Loans shall not relieve any other Revolving Lender of its obligation hereunder to make available to the Administrative Agent such other Revolving Lender’s Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available to the Administrative Agent such other Revolving Lender’s Percentage with respect to the Revolving Facility of any such amount.

Appears in 2 contracts

Samples: Credit Agreement (Regal Beloit Corp), Credit Agreement (Regal Beloit Corp)

Refunding of, or Funding of Participations in, Swing Line Loans. The Swing Line Lender may at any time, in its sole discretion, on behalf of any applicable Borrower the Company (each of which hereby irrevocably authorizes the Swing Line Lender to act on its behalf) deliver a notice to the Administrative Agent (with a copy to the applicable BorrowerCompany) requesting that each Revolving Lender (including the Swing Line Lender in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (ii) in the case of an UK Swing Line Loan, a Daily Floating LIBOR Loan in the currency of such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) in such Revolving Lender’s Percentage with respect to the Revolving Facility of the aggregate amount of such Swing Line Loan Loans outstanding on such date for the purpose of repaying such all Swing Line Loan Loans (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line LoanLoans); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders may not then make Revolving Loans, then instead of making Revolving Loans, Loans each Revolving Lender (other than the Swing Line Lender) shall become immediately obligated to fund its participation in the applicable all outstanding Swing Line Loan Loans and shall pay to the Administrative Agent for the account of the Swing Line Lender an amount in the Applicable Currency equal to such Revolving Lender’s Percentage with respect to the Revolving Facility of such Swing Line LoanLoans. If and to the extent any Revolving Lender shall not have made such amount available to the Administrative Agent by 2:00 p.m. on the Business Day on which such Revolving Lender receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon on any Business Day shall be deemed to have been received on the next following Business Day), such Revolving Lender agrees to pay interest on such amount to the Administrative Agent for the Swing Line Lender’s account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (a) for the applicable Overnight first three days after demand, the Federal Funds Rate from time to time in effect plusand (b) thereafter, beginning on the third Business Day after demand, 1% per annumBase Rate from time to time in effect. Any Revolving Lender’s failure to make available to the Administrative Agent its Percentage of the amount of a all outstanding Swing Line Loan Loans shall not relieve any other Revolving Lender of its obligation hereunder to make available to the Administrative Agent such other Revolving Lender’s Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available to the Administrative Agent such other Revolving Lender’s Percentage with respect to the Revolving Facility of any such amount.

Appears in 1 contract

Samples: Security Agreement (Middleby Corp)

Refunding of, or Funding of Participations in, Swing Line Loans. The Swing Line Lender may at any time, in its sole discretion, on behalf of any applicable Borrower the Company (each of which hereby irrevocably authorizes the Swing Line Lender to act on its behalf) deliver a notice to the Administrative Agent (with a copy to the applicable BorrowerCompany) requesting that each Revolving Lender (including the Swing Line Lender in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (ii) in the case of an UK Swing Line Loan, a Daily Floating LIBOR Loan in the currency of such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) in such Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of the aggregate amount of such Swing Line Loan Loans outstanding on such date for the purpose of repaying such all Swing Line Loan Loans (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line LoanLoans); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders may not then make Revolving Loans, then instead of making Revolving Loans, Loans each Revolving Lender (other than the Swing Line Lender) shall become immediately obligated to fund its participation in the applicable all outstanding Swing Line Loan Loans and shall pay to the Administrative Agent for the account of the Swing Line Lender an amount in the Applicable Currency equal to such Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of such Swing Line LoanLoans. If and to the extent any Revolving Lender shall not have made such amount available to the Administrative Agent by 2:00 p.m. P.M., Chicago time, on the Business Day on which such Revolving Lender receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon noon, Chicago time, on any Business Day shall be deemed to have been received on the next following Business Day), such Revolving Lender agrees to pay interest on such amount to the Administrative Agent for the Swing Line Lender’s account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (a) for the applicable Overnight first three days after demand, the Federal Funds Rate from time to time in effect plusand (b) thereafter, beginning on the third Business Day after demand, 1% per annumBase Rate from time to time in effect. Any Revolving Lender’s failure to make available to the Administrative Agent its Revolving Percentage of the amount of a all outstanding Swing Line Loan Loans shall not relieve any other Revolving Lender of its obligation hereunder to make available to the Administrative Agent such other Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available to the Administrative Agent such other Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of any such amount.. 28 2.4.4

Appears in 1 contract

Samples: Credit Agreement (Middleby Corp)

Refunding of, or Funding of Participations in, Swing Line Loans. The Swing Line Lender may at any time, in its sole discretion, on behalf of any applicable the Borrower (each of which hereby irrevocably authorizes the Swing Line Lender to act on its behalfbehalf for such purpose) deliver a notice to the Administrative Agent (with a copy to the applicable Borrower) requesting that each Revolving Lender (including the Swing Line Lender in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (ii) in the case of an UK Swing Line Loan, a Daily Floating LIBOR Loan in the currency of such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) in such Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of the aggregate amount of such Swing Line Loan Loans outstanding on such date for the purpose of repaying such all Swing Line Loan Loans (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line LoanLoans); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders may not then make Revolving Loans, then instead of making Revolving Loans, Loans each Revolving Lender (other than the Swing Line Lender) shall become immediately obligated to fund its participation in the applicable all outstanding Swing Line Loan Loans and shall pay to the Administrative Agent for the account of the Swing Line Lender an amount in the Applicable Currency equal to such Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of such Swing Line LoanLoans. If and to the extent any Revolving Lender shall not have made such amount available to the Administrative Agent by 2:00 p.m. on the Business Day on which such Revolving Lender receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon on any Business Day shall be deemed to have been received on the next following Business Day), such Revolving Lender agrees to pay interest on such amount to the Administrative Agent for the Swing Line Lender’s account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (a) for the applicable Overnight first three days after demand, the Federal Funds Rate from time to time in effect plusand (b) thereafter, beginning on the third Business Day after demand, 1% per annumBase Rate from time to time in effect. Any Revolving Lender’s failure to make available to the Administrative Agent its Revolving Percentage of the amount of a all outstanding Swing Line Loan Loans shall not relieve any other Revolving Lender of its obligation hereunder to make available to the Administrative Agent such other Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available to the Administrative Agent such other Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of any such amount.

Appears in 1 contract

Samples: Credit Agreement (Patriot National, Inc.)

Refunding of, or Funding of Participations in, Swing Line Loans. The Swing Line Lender may at any time, in its sole discretion, on behalf of any applicable Borrower (each of which hereby irrevocably authorizes the Swing Line Lender to act on its behalf) deliver a notice to the Administrative Agent (with a copy to the applicable Borrower) requesting that each Revolving Lender (including the Swing Line Lender in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, and (ii) in the case of an UK AC Swing Line Loan, a Daily Floating LIBOR Eurocurrency Loan in the currency of such UK AC Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) in such Revolving Lender’s Percentage with respect to the Revolving Facility of the amount of such Swing Line Loan for the purpose of repaying such Swing Line Loan (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line Loan); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders may not then make Revolving Loans, then instead of making Revolving Loans, each Revolving Lender (other than the Swing Line Lender) shall become immediately obligated to fund its participation in the applicable Swing Line Loan and shall pay to the Administrative Agent for the account of the Swing Line Lender an amount in the Applicable Currency equal to such Revolving Lender’s Percentage with respect to the Revolving Facility of such Swing Line Loan. If and to the extent any Revolving Lender shall not have made such amount available to the Administrative Agent by 2:00 p.m. on the Business Day on which such Revolving Lender receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon on any Business Day shall be deemed to have been received on the next following Business Day), such Revolving Lender agrees to pay interest on such amount to the Administrative Agent for the Swing Line Lender’s account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to the applicable Overnight Rate from time to time in effect plus, beginning on the third Business Day after demand, 1% per annum. Any Revolving Lender’s failure to make available to the Administrative Agent its Percentage of the amount of a Swing Line Loan shall not relieve any other Revolving Lender of its obligation hereunder to make available to the Administrative Agent such other Revolving Lender’s Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available to the Administrative Agent such other Revolving Lender’s Percentage with respect to the Revolving Facility of any such amount.

Appears in 1 contract

Samples: Security Agreement (Middleby Corp)

Refunding of, or Funding of Participations in, Swing Line Loans. The Swing Line Lender Bank may at any time, in its sole discretion, upon at least three Business Days’ notice (or same day notice if an Event of Default exists) to the Company and the Administrative Agent (it being understood that any notice delivered after 9:00 a.m. (or, if an Event of Default exists, 11:00 a.m.) shall be deemed received on the next Business Day), on behalf of any applicable Borrower the Company (each of which hereby irrevocably authorizes the Swing Line Lender Bank to act on its behalf) deliver a notice to the Administrative Agent (with a copy to the applicable Borrowerwhich shall promptly notify each Bank of its receipt thereof) requesting that each Revolving Lender Bank (including the Swing Line Lender Bank in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (iiLoan unless the Company makes a timely request for a borrowing of Eurodollar Loans) on the date specified in such notice in such Bank’s Percentage of the case aggregate amount of an UK Swing Line Loan, a Daily Floating LIBOR Loan in the currency of Loans outstanding on such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) in such Revolving Lender’s Percentage with respect to the Revolving Facility of the amount of such Swing Line Loan date for the purpose of repaying such all Swing Line Loan Loans (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line LoanLoans); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders Banks may not then make Revolving Loans, then instead of making Revolving Loans, Loans each Revolving Lender Bank (other than the Swing Line LenderBank) shall become immediately obligated to fund its participation in the applicable all outstanding Swing Line Loan Loans and shall pay to the Administrative Agent for the account of the Swing Line Lender Bank an amount in the Applicable Currency equal to such Revolving LenderBank’s Percentage with respect to the Revolving Facility of such Swing Line LoanLoans. If and to the extent any Revolving Lender Bank shall not have made such amount available to the Administrative Agent by 2:00 p.m. on the Business Day on which such Revolving Lender Bank receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon on any Business Day shall be deemed to have been received on the next following Business Day), such Revolving Lender Bank agrees to pay interest on such amount to the Administrative Agent for the Swing Line LenderBank’s account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (a) for the applicable Overnight first three days after demand, the Federal Funds Rate from time to time in effect plusand (b) thereafter, beginning on the third Business Day after demand, 1% per annumBase Rate from time to time in effect. Any Revolving LenderBank’s failure to make available to the Administrative Agent its Percentage of the amount of a all outstanding Swing Line Loan Loans shall not relieve any other Revolving Lender Bank of its obligation hereunder to make available to the Administrative Agent such other Revolving LenderBank’s Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender Bank shall be responsible for the failure of any other Revolving Lender Bank to make available to the Administrative Agent such other Revolving LenderBank’s Percentage with respect to the Revolving Facility of any such amount.

Appears in 1 contract

Samples: Credit Agreement (Regal Beloit Corp)

Refunding of, or Funding of Participations in, Swing Line Loans. The Swing Line Lender Bank may at any time, in its sole discretion, on behalf of any applicable Borrower the Company (each of which hereby irrevocably authorizes the Swing Line Lender Bank to act on its behalf) deliver a notice to the Administrative Agent (with a copy to the applicable Borrower) requesting that each Revolving Lender Bank (including the Swing Line Lender Bank in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (ii) in the case of an UK Swing Line Loan, a Daily Floating LIBOR Loan in the currency of such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) in such Revolving LenderBank’s Percentage with respect to the Revolving Facility of the aggregate amount of such Swing Line Loan Loans outstanding on such date for the purpose of repaying such all Swing Line Loan Loans (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line LoanLoans); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders Banks may not then make Revolving Loans, then instead of making Revolving Loans, Loans each Revolving Lender Bank (other than the Swing Line LenderBank) shall become immediately obligated to fund its participation in the applicable all outstanding Swing Line Loan Loans and shall pay to the Administrative Agent for the account of the Swing Line Lender Bank an amount in the Applicable Currency equal to such Revolving LenderBank’s Percentage with respect to the Revolving Facility of such Swing Line LoanLoans. If and to the extent any Revolving Lender Bank shall not have made such amount available to the Administrative Agent by 2:00 p.m. on the Business Day on which such Revolving Lender Bank receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon on any Business Day shall be deemed to have been received on the next following Business Day), such Revolving Lender Bank agrees to pay interest on such amount to the Administrative Agent for the Swing Line LenderBank’s account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (a) for the applicable Overnight first three days after demand, the Federal Funds Rate from time to time in effect plusand (b) thereafter, beginning on the third Business Day after demand, 1% per annumBase Rate from time to time in effect. Any Revolving LenderBank’s failure to make available to the Administrative Agent its Percentage of the amount of a all outstanding Swing Line Loan Loans shall not relieve any other Revolving Lender Bank of its obligation hereunder to make available to the Administrative Agent such other Revolving LenderBank’s Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender Bank shall be responsible for the failure of any other Revolving Lender Bank to make available to the Administrative Agent such other Revolving LenderBank’s Percentage with respect to the Revolving Facility of any such amount.

Appears in 1 contract

Samples: Credit Agreement (Tetra Tech Inc)

Refunding of, or Funding of Participations in, Swing Line Loans. The Swing Line Lender Bank may at any time, in its sole discretion, upon at least three Business Days’ notice (or same day notice if an Event of Default exists) to the Company and the Administrative Agent (it being understood that any notice delivered after 9:00 a.m. (or, if an Event of Default exists, 11:00 a.m.) shall be deemed received on the next Business Day), on behalf of any applicable Borrower the Company (each of which hereby irrevocably authorizes the Swing Line Lender Bank to act on its behalf) deliver a notice to the Administrative Agent (with a copy to the applicable Borrowerwhich shall promptly notify each Bank of its receipt thereof) requesting that each Revolving Lender Bank (including the Swing Line Lender Bank in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (iiLoan unless the Company makes a timely request for a borrowing of Eurodollar Loans denominated in Dollars) on the date specified in such notice in such Bank’s Percentage of the case aggregate amount of an UK Swing Line Loan, a Daily Floating LIBOR Loan in the currency of Loans outstanding on such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) in such Revolving Lender’s Percentage with respect to the Revolving Facility of the amount of such Swing Line Loan date for the purpose of repaying such all Swing Line Loan Loans (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line LoanLoans); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders Banks may not then make Revolving Loans, then instead of making Revolving Loans, Loans each Revolving Lender Bank (other than the Swing Line LenderBank) shall become immediately obligated to fund its participation in the applicable all outstanding Swing Line Loan Loans and shall pay to the Administrative Agent for the account of the Swing Line Lender Bank an amount in the Applicable Currency equal to such Revolving LenderBank’s Percentage with respect to the Revolving Facility of such Swing Line LoanLoans. If and to the extent any Revolving Lender Bank shall not have made such amount available to the Administrative Agent by 2:00 p.m. on the Business Day on which such Revolving Lender Bank receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon on any Business Day shall be deemed to have been received on the next following Business Day), such Revolving Lender Bank agrees to pay interest on such amount to the Administrative Agent for the Swing Line LenderBank’s account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (a) for the applicable Overnight first three days after demand, the Federal Funds Rate from time to time in effect plusand (b) thereafter, beginning on the third Business Day after demand, 1% per annumBase Rate plus the Base Rate Margin from time to time in effect. Any Revolving LenderBank’s failure to make available to the Administrative Agent its Percentage of the amount of a all outstanding Swing Line Loan Loans shall not relieve any other Revolving Lender Bank of its obligation hereunder to make available to the Administrative Agent such other Revolving LenderBank’s Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender Bank shall be responsible for the failure of any other Revolving Lender Bank to make available to the Administrative Agent such other Revolving LenderBank’s Percentage with respect to the Revolving Facility of any such amount.

Appears in 1 contract

Samples: Assignment Agreement (Regal Beloit Corp)

AutoNDA by SimpleDocs

Refunding of, or Funding of Participations in, Swing Line Loans. The Swing Line Lender may at any time, in its sole discretion, on behalf of any applicable Borrower the Company (each of which hereby irrevocably authorizes the Swing Line Lender to act on its behalfbehalf for such purpose) deliver a notice to the Administrative Agent (with a copy to the applicable Borrower) requesting that each Revolving Lender (including the Swing Line Lender in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (ii) in the case of an UK Swing Line Loan, a Daily Floating LIBOR Loan in the currency of such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) in such Revolving Lender’s 's Revolving Percentage with respect to the Revolving Facility of the aggregate amount of such Swing Line Loan Loans outstanding on such date for the purpose of repaying such all Swing Line Loan Loans (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line LoanLoans); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders may not then make Revolving Loans, then instead of making Revolving Loans, Loans each Revolving Lender (other than the Swing Line Lender) shall become immediately obligated to fund its participation in the applicable all outstanding Swing Line Loan Loans and shall pay to the Administrative Agent for the account of the Swing Line Lender an amount in the Applicable Currency equal to such Revolving Lender’s 's Revolving Percentage with respect to the Revolving Facility of such Swing Line LoanLoans. If and to the extent any Revolving Lender shall not have made such amount available to the Administrative Agent by 2:00 p.m. p.m., Chicago time, on the Business Day on which such Revolving Lender receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon on any Business Day shall be deemed to have been received on the next following Business Day)Loans, such Revolving Lender agrees to pay interest on such amount to the Administrative Agent for the Swing Line Lender’s 's account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (a) for the applicable Overnight first three days after demand, the Federal Funds Rate from time to time in effect plusand (b) thereafter, beginning on the third Business Day after demand, 1% per annumBase Rate from time to time in effect. Any Revolving Lender’s 's failure to make available to the Administrative Agent its Revolving Percentage of the amount of a all outstanding Swing Line Loan Loans shall not relieve any other Revolving Lender of its obligation hereunder to make available to the Administrative Agent such other Revolving Lender’s 's Revolving Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available to the Administrative Agent such other Revolving Lender’s 's Revolving Percentage with respect to the Revolving Facility of any such amount. The Swing Line Lender shall promptly notify the Company of any notice given to the Administrative Agent pursuant to the first sentence of this Section 2.4.3, but any failure to so notify the Company shall not affect the effectiveness of such notice or impose any liability on the Swing Line Lender or any other Person.

Appears in 1 contract

Samples: Credit Agreement (American Italian Pasta Co)

Refunding of, or Funding of Participations in, Swing Line Loans. The Swing Line Lender may at any time, in its sole discretion, on behalf of any applicable Borrower the Company (each of which hereby irrevocably authorizes the Swing Line Lender to act on its behalf) deliver a notice to the Administrative Agent (with a copy to the applicable BorrowerCompany) requesting that each Revolving Lender (including the Swing Line Lender in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (ii) in the case of an UK Swing Line Loan, a Daily Floating LIBOR Loan in the currency of such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) in such Revolving Lender’s Percentage with respect to the Revolving Facility of the aggregate amount of such Swing Line Loan Loans outstanding on such date for the purpose of repaying such all Swing Line Loan Loans (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line LoanLoans); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders may not then make Revolving Loans, then instead of making Revolving Loans, Loans each Revolving Lender (other than the Swing Line Lender) shall become immediately obligated to fund its participation in the applicable all outstanding Swing Line Loan Loans and shall pay to the Administrative Agent for the account of the Swing Line Lender an amount in the Applicable Currency equal to such Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of such Swing Line LoanLoans. If and to the extent any Revolving Lender shall not have made such amount available to the Administrative Agent by 2:00 p.m. P.M., Chicago time, on the Business Day on which such Revolving Lender receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon noon, Chicago time, on any Business Day shall be deemed to have been received on the next following Business Day), such Revolving Lender agrees to pay interest on such amount to the Administrative Agent for the Swing Line Lender’s account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (a) for the applicable Overnight first three days after demand, the Federal Funds Rate from time to time in effect plusand (b) thereafter, beginning on the third Business Day after demand, 1% per annumBase Rate from time to time in effect. Any Revolving Lender’s failure to make available to the Administrative Agent its Percentage of the amount of a all outstanding Swing Line Loan Loans shall not relieve any other Revolving Lender of its obligation hereunder to make available to the Administrative Agent such other Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available to the Administrative Agent such other Revolving Lender’s Percentage with respect to the Revolving Facility of any such amount.

Appears in 1 contract

Samples: Credit Agreement (Middleby Corp)

Refunding of, or Funding of Participations in, Swing Line Loans. The Swing Line Fronting Lender may at any time, in its sole discretion, on behalf of any applicable the Borrower (each of which hereby irrevocably authorizes the Swing Line Fronting Lender to act on its behalf) deliver a notice to the Administrative Agent (with a copy to the applicable Borrower) requesting that each Revolving Lender (including the Swing Line Fronting Lender in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (ii) in the case of an UK Swing Line Loan, a Daily Floating LIBOR Loan in the currency of such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) in such Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of the aggregate amount of such Swing Line Loan Loans outstanding on such date for the purpose of repaying such all Swing Line Loan Loans (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line LoanLoans) (each Revolving Lender shall make its advance under this Section by no later than 2:00 p.m, Detroit time on the Business Day of receipt of such notice of borrowing pursuant to this Section if such Revolving Lender receives such notice by 10:00 a.m., Detroit time on such Business Day, otherwise by 2:00 p.m., Detroit time, on the following Business Day); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders may not then make Revolving Loans, then instead of making Revolving Loans, Loans each Revolving Lender (other than the Swing Line Fronting Lender) shall become immediately obligated to fund its participation in the applicable all outstanding Swing Line Loan Loans and shall pay to the Administrative Agent for the account of the Swing Line Fronting Lender an amount in the Applicable Currency equal to such Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of such Swing Line Loan. If and to the extent any Revolving Lender shall not have made such amount available to the Administrative Agent by 2:00 p.m. on the Business Day on which such Revolving Lender receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon on any Business Day shall be deemed to have been received on the next following Business Day), such Revolving Lender agrees to pay interest on such amount to the Administrative Agent for the Swing Line Lender’s account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to the applicable Overnight Rate from time to time in effect plus, beginning on the third Business Day after demand, 1% per annumLoans. Any Revolving Lender’s failure to make available to the Administrative Agent its Revolving Percentage of the amount of a all outstanding Swing Line Loan Loans shall not relieve any other Revolving Lender of its obligation hereunder to make available to the Administrative Agent such other Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available to the Administrative Agent such other Revolving Lender’s Revolving Percentage with respect to the Revolving Facility of any such amount.

Appears in 1 contract

Samples: Credit Agreement (Carmax Inc)

Refunding of, or Funding of Participations in, Swing Line Loans. The Swing Line Lender may at any time, in its sole discretion, on behalf of any applicable Borrower (each of which hereby irrevocably authorizes the Swing Line Lender to act on its behalf) deliver a notice to the Administrative Agent (with a copy to the applicable Borrower) requesting that each Revolving Lender (including the Swing Line Lender in its individual capacity) make a Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (ii) in the case of an a UK Swing Line Loan, a Daily Floating LIBOR Loan in bearing interest at the Relevant Rate for the currency of such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) in such Revolving Lender’s Percentage with respect to the Revolving Facility of the amount of such Swing Line Loan for the purpose of repaying such Swing Line Loan (and, upon receipt of the proceeds of such Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable Swing Line Loan); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Revolving Lenders may not then make Revolving Loans, then instead of making Revolving Loans, each Revolving Lender (other than the Swing Line Lender) shall become immediately obligated to fund its participation in the applicable Swing Line Loan and shall pay to the Administrative Agent for the account of the Swing Line Lender an amount in the Applicable Currency equal to such Revolving Lender’s Percentage with respect to the Revolving Facility of such Swing Line Loan. If and to the extent any Revolving Lender shall not have made such amount available to the Administrative Agent by 2:00 p.m. on the Business Day on which such Revolving Lender receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon on any Business Day shall be deemed to have been received on the next following Business Day), such Revolving Lender agrees to pay interest on such amount to the Administrative Agent for the Swing Line Lender’s account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to the applicable Overnight Rate from time to time in effect plus, beginning on the third Business Day after demand, 1% per annum. Any Revolving Lender’s failure to make available to the Administrative Agent its Percentage of the amount of a Swing Line Loan shall not relieve any other Revolving Lender of its obligation hereunder to make available to the Administrative Agent such other Revolving Lender’s Percentage with respect to the Revolving Facility of such amount, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available to the Administrative Agent such other Revolving Lender’s Percentage with respect to the Revolving Facility of any such amount.

Appears in 1 contract

Samples: Security Agreement (MIDDLEBY Corp)

Refunding of, or Funding of Participations in, Swing Line Loans. The Any applicable Swing Line Lender may at any time, in its sole discretion, upon at least three Business Days’ notice (or same day notice if an Event of Default exists) to the Company and the Administrative Agent (it being understood that any notice delivered after 9:00 a.m. (New York City time) shall be deemed received on the next Business Day), on behalf of any applicable Borrower the Company (each of which hereby irrevocably authorizes the each Swing Line Lender to act on its behalf) deliver a notice to the Administrative Agent (with a copy to the applicable Borrowerwhich shall promptly notify each Facility A Revolving Lender of its receipt thereof) requesting that each Facility A Revolving Lender (including the such Swing Line Lender in its individual capacity) make a Facility A Revolving Loan (which shall be (i) in the case of a Dollar Swing Line Loan, a Base Rate Loan, (iiLoan unless the Company makes a timely request for a borrowing of Eurodollar Loans denominated in Dollars) in on the case of an UK Swing Line Loan, a Daily Floating LIBOR Loan in the currency of such UK Swing Line Loan and (iii) in the case of a Canadian Swing Line Loan, a Canadian Prime Rate Loan) date specified in such notice in such Facility A Revolving Lender’s Facility A Percentage with respect to the Revolving Facility of the aggregate amount of such Swing Line Loan Lender’s Swing Line Loans outstanding on such date for the purpose of repaying all such Swing Line Loan Loans (and, upon receipt of the proceeds of such Facility A Revolving Loans, the Administrative Agent shall apply such proceeds to repay the applicable such Swing Line LoanLoans); provided that if the conditions precedent to a borrowing of Revolving Loans are not then satisfied or for any other reason the Facility A Revolving Lenders may not then make Facility A Revolving Loans, then instead of making Facility A Revolving Loans, Loans each Facility A Revolving Lender (other than the Swing Line Lender) shall become immediately obligated to fund its participation in the applicable all of such Swing Line Loan Lender’s outstanding Swing Line Loans and shall pay to the Administrative Agent for the account of the such Swing Line Lender an amount in the Applicable Currency equal to such Facility A Revolving Lender’s Facility A Percentage with respect to the Revolving Facility of such Swing Line LoanLoans. If and to the extent any Facility A Revolving Lender shall not have made such amount available to the Administrative Agent by 2:00 p.m. (New York City time) on the Business Day on which such Facility A Revolving Lender receives notice from the Administrative Agent of its obligation to fund its participation in Swing Line Loans (it being understood that any such notice received after 12:00 noon (New York City time) on any Business Day shall be deemed to have been received on the next following Business Day), such Facility A Revolving Lender agrees to pay interest on such amount to the Administrative Agent for the applicable Swing Line Lender’s account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (a) for the applicable Overnight first three days after demand, the NYFRB Rate from time to time in effect plusand (b) thereafter, beginning on the third Business Day after demand, 1% per annumBase Rate plus the Base Rate Margin from time to time in effect. Any Facility A Revolving Lender’s failure to make available to the Administrative Agent its Facility A Percentage of the amount of all outstanding Swing Line Loans of a Swing Line Loan Lender shall not relieve any other Facility A Revolving Lender of its obligation hereunder to make available to the Administrative Agent such other Facility A Revolving Lender’s Facility A Percentage with respect to the Revolving Facility of such amount, but no Facility A Revolving Lender shall be responsible for the failure of any other Facility A Revolving Lender to make available to the Administrative Agent such other Facility A Revolving Lender’s Facility A Percentage with respect to the Revolving Facility of any such amount.

Appears in 1 contract

Samples: Credit Agreement (Regal Beloit Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.