Common use of Refunding of Swing Line Borrowings Clause in Contracts

Refunding of Swing Line Borrowings. (a) Each Swing Line Lender, at any time in its sole and absolute discretion may, and, at any time when its Swing Line Loans are outstanding for more than five Business Days, each Swing Line Lender shall, on behalf of the U.S. Borrower (which hereby irrevocably directs and authorizes such Swing Line Lender to act on its behalf), request each Lender, including Chase and Bank of America Illinois, to make a Revolving Credit Loan in an amount equal to such Lender's Swing Line Participation Percentage of the greater of (i) the principal amount of the Swing Line Loans (the "Refunded Swing Line Loans") outstanding on the date such notice is given and (ii) $10,000,000; provided that the provisions of this subsection shall not affect the U.S. Borrower's obligations to repay Swing Line Loans in accordance with the provisions of subsections 3.3 and 7.4(d) and (f). Unless the Revolving Credit Commitments shall have expired or terminated (in which event the procedures of subsection 3.5 shall apply), each Lender will make the proceeds of the Revolving Credit Loan made by it pursuant to the immediately preceding sentence available to the Administrative Agent at the office of the Administrative Agent specified in subsection 15.2 prior to 12:00 Noon, New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Credit Loans shall be immediately made available by the Administrative Agent to the Swing Line Lenders for application to the payment in full of the Refunded Swing Line Loans; any proceeds of such Revolving Credit Loans remaining after repayment of the Refunded Swing Line Loans in full shall be made available to the U.S. Borrower by the Administrative Agent crediting the account of the U.S. Borrower at its office specified in subsection 15.2.

Refunding of Swing Line Borrowings. (a) Each The Swing Line Dollar Lender, at any time in its sole and absolute discretion may, and, at any time when its Swing Line Loans are outstanding for more than five Business Days, each Swing Line Lender shall, on behalf of the U.S. Borrower (which hereby irrevocably directs and authorizes such the Swing Line Dollar Lender to act on its behalf), direct the General Administrative Agent to request each U.S. Revolving Lender, including JPMorgan Chase Bank and Bank of America IllinoisBofA, to make a U.S. Revolving Credit Loan (which shall be an ABR Loan) in an amount equal to such U.S. Revolving Lender's Swing Line Participation U.S. Dollar Funding Commitment Percentage of the greater of (i) the principal amount of the Swing Line Dollar Loans (the "Refunded Swing Line Dollar Loans") outstanding on the date such notice is given and (ii) $10,000,000given; provided that the provisions of this subsection shall not affect the U.S. Borrower's obligations to repay Swing Line Dollar Loans in accordance with the provisions of subsections 3.3 and 7.4(d9.4(d) and (fg). Unless the U.S. Revolving Credit Commitments shall have expired or terminated (in which event the procedures of subsection 3.5 shall apply), each U.S. Revolving Lender will make the proceeds of the U.S. Revolving Credit Loan made by it pursuant to the immediately preceding sentence available to the General Administrative Agent at the office of the General Administrative Agent specified in subsection 15.2 17.2 prior to 12:00 Noon, New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such U.S. Revolving Credit Loans shall be immediately made available by the General Administrative Agent to the Swing Line Lenders Dollar Lender for application to the payment in full of the Refunded Swing Line Dollar Loans; . Upon any proceeds of such Revolving Credit Loans remaining after repayment of request by the Refunded Swing Line Loans in full Dollar Lender to the U.S. Revolving Lenders pursuant to this subsection 3.4, the General Administrative Agent shall be made available promptly give notice to the U.S. Borrower by the Administrative Agent crediting the account of the U.S. Borrower at its office specified in subsection 15.2such request.

Refunding of Swing Line Borrowings. (a) Each Swing Line -------------------------------------------------- Lender, at any time in its sole and absolute discretion may, and, at any time when its Swing Line Loans are outstanding for more than five Business Days, each Swing Line Lender shall, on behalf of the U.S. Borrower Company (which hereby irrevocably directs and authorizes such each Swing Line Lender to act on its behalf), request each US$ Revolving Credit Lender (including such Swing Line Lender in its capacity as a US$ Revolving Credit Lender, including Chase and Bank of America Illinois), to make a US$ Revolving Credit Loan (which shall be a Base Rate Loan) in an amount equal to such US$ Revolving Credit Lender's Swing Line Participation US$ Revolving Credit Percentage of the greater of (i) the principal amount of the Swing Line Loans (the "Refunded Swing Line Loans") owing ------------------------- to such Swing Line Lender and outstanding on the date such notice is given and (ii) $10,000,000given; provided that the provisions of this subsection Section shall not affect the U.S. BorrowerCompany's -------- obligations to repay Swing Line Loans in accordance with the provisions of subsections 3.3 Sections 2.7 and 7.4(d7.4(c) and (fh). Unless the US$ Revolving Credit Commitments shall have expired or terminated (in which event the procedures of subsection 3.5 Section 2.9 shall apply), each US$ Revolving Credit Lender will make the proceeds of the US$ Revolving Credit Loan made by it pursuant to the immediately preceding sentence available to the Administrative Agent at the office of the Administrative Agent specified in subsection Section 15.2 prior to 12:00 Noon10:00 A.M., New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such US$ Revolving Credit Loans shall be immediately made available by the Administrative Agent to the relevant Swing Line Lenders Lender for application to the payment in full of the Refunded Swing Line Loans; . Upon any proceeds of such request by a Swing Line Lender to the US$ Revolving Credit Loans remaining after repayment of the Refunded Swing Line Loans in full shall be made available Lenders pursuant to the U.S. Borrower by this Section 2.8, the Administrative Agent crediting shall promptly give notice to the account Company of the U.S. Borrower at its office specified in subsection 15.2such request.

Refunding of Swing Line Borrowings. (a) Each The Swing Line ---------------------------------- Lender, at any time in its sole and absolute discretion may, and, at any time when its Swing Line Loans are outstanding for more than five Business Days, each Swing Line Lender shall, on behalf of the U.S. Borrower Company (which hereby irrevocably directs and authorizes such the Swing Line Lender to act on its behalf), request each US$ Revolving Credit Lender, including Chase and Bank of America IllinoisChase, to make a US$ Revolving Credit Loan (which shall be a Base Rate Loan) in an amount equal to such US$ Revolving Credit Lender's Swing Line Participation US$ Revolving Credit Percentage of the greater of (i) the principal amount of the Swing Line Loans (the "Refunded Swing Line Loans") outstanding on the date such notice is given and (ii) $10,000,000given; provided that the -------- provisions of this subsection Section shall not affect the U.S. BorrowerCompany's obligations to repay Swing Line Loans in accordance with the provisions of subsections 3.3 Sections 2.07 and 7.4(d5.04(c) and (fh). Unless the US$ Revolving Credit Commitments shall have expired or terminated (in which event the procedures of subsection 3.5 Section 2.09 shall apply), each US$ Revolving Credit Lender will make the proceeds of the US$ Revolving Credit Loan made by it pursuant to the immediately preceding sentence available to the Administrative Agent at the office of the Administrative Agent specified in subsection 15.2 Section 13.02 prior to 12:00 Noon10:00 A.M., New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such US$ Revolving Credit Loans shall be immediately made available by the Administrative Agent to the Swing Line Lenders Lender for application to the payment in full of the Refunded Swing Line Loans; . Upon any proceeds of such request by the Swing Line Lender to the US$ Revolving Credit Loans remaining after repayment of the Refunded Swing Line Loans in full shall be made available Lenders pursuant to the U.S. Borrower by this Section 2.08, the Administrative Agent crediting shall promptly give notice to the account Company of the U.S. Borrower at its office specified in subsection 15.2such request.

Refunding of Swing Line Borrowings. (a) Each The Swing Line Dollar Lender, at any time in its sole and absolute discretion may, and, at any time when its Swing Line Loans are outstanding for more than five Business Days, each Swing Line Lender shall, on behalf of the U.S. Borrower (which hereby irrevocably directs and authorizes such the Swing Line Dollar Lender to act on its behalf), direct the General Administrative Agent to request each U.S. Lender, including JPMorgan Chase Bank and Bank of America IllinoisBofA, to make a U.S. Revolving Credit Loan (which shall be an ABR Loan) in an amount equal to such U.S. Lender's Swing Line Participation U.S. Dollar Funding Commitment Percentage of the greater of (i) the principal amount of the Swing Line Dollar Loans (the "Refunded Swing Line Dollar Loans") outstanding on the date such notice is given and (ii) $10,000,000given; provided that the provisions of this subsection shall not affect the U.S. Borrower's obligations to repay Swing Line Dollar Loans in accordance with the provisions of subsections 3.3 and 7.4(d9.4(d) and (fg). Unless the U.S. Revolving Credit Commitments shall have expired or terminated (in which event the procedures of subsection 3.5 shall apply), each U.S. Lender will make the proceeds of the U.S. Revolving Credit Loan made by it pursuant to the immediately preceding sentence available to the General Administrative Agent at the office of the General Administrative Agent specified in subsection 15.2 17.2 prior to 12:00 Noon, New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such U.S. Revolving Credit Loans shall be immediately made available by the General Administrative Agent to the Swing Line Lenders Dollar Lender for application to the payment in full of the Refunded Swing Line Dollar Loans; . Upon any proceeds of such Revolving Credit Loans remaining after repayment of request by the Refunded Swing Line Loans in full Dollar Lender to the U.S. Lenders pursuant to this subsection 3.4, the General Administrative Agent shall be made available promptly give notice to the U.S. Borrower by the Administrative Agent crediting the account of the U.S. Borrower at its office specified in subsection 15.2such request.

Refunding of Swing Line Borrowings. (a) Each The Swing Line Lender, at any time in its sole and absolute discretion may, and, at any time when its Swing Line Loans are outstanding for more than five Business Days, each Swing Line Lender shall, on behalf of the U.S. Borrower (which hereby irrevocably directs and authorizes such the Swing Line Lender to act on its behalf), request each U.S. Lender, including Chase and Bank of America IllinoisChase, to make a U.S. Revolving Credit Loan (which shall be an ABR Loan) in an amount equal to such U.S. Lender's Swing Line Participation Funding Commitment Percentage of the greater of (i) the principal amount of the Swing Line Loans (the "Refunded Swing Line Loans") outstanding on the date such notice is given and (ii) $10,000,000given; provided that the provisions of this subsection shall not affect the U.S. Borrower's obligations to repay Swing Line Loans in accordance with the provisions of subsections 3.3 and 7.4(d10.4(d) and (fg). Unless the U.S. Revolving Credit Commitments shall have expired or terminated (in which event the procedures of subsection 3.5 shall apply), each U.S. Lender will make the proceeds of the U.S. Revolving Credit Loan made by it pursuant to the immediately preceding sentence available to the General Administrative Agent at the office of the General Administrative Agent specified in subsection 15.2 18.2 prior to 12:00 Noon, New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such U.S. Revolving Credit Loans shall be immediately made available by the General Administrative Agent to the Swing Line Lenders Lender for application to the payment in full of the Refunded Swing Line Loans; . Upon any proceeds of such Revolving Credit Loans remaining after repayment of request by the Refunded Swing Line Loans in full Lender to the U.S. Lenders pursuant to this subsection 3.4, the General Administrative Agent shall be made available promptly give notice to the U.S. Borrower by the Administrative Agent crediting the account of the U.S. Borrower at its office specified in subsection 15.2such request.

Refunding of Swing Line Borrowings. (a) Each Swing Line Lender, at any time in its sole and absolute discretion may, and, at any time when its Swing Line Loans are outstanding for more than five Business Days, each Swing Line Lender shall, on behalf of the U.S. Borrower (which hereby irrevocably directs and authorizes such Swing Line Lender to act on its behalf), request each U.S. Lender, including Chase and Bank of America IllinoisAmerica, to make a U.S. Revolving Credit Loan in an amount equal to such U.S. Lender's Swing Line Participation Percentage of the greater of (i) the principal amount of the Swing Line Loans (the "Refunded Swing Line Loans") outstanding on the date such notice is given and (ii) $10,000,000; provided that the provisions of this subsection shall not affect the U.S. Borrower's obligations to repay Swing Line Loans in accordance with the provisions of subsections 3.3 and 7.4(d9.4(d) and (f). Unless the U.S. Revolving Credit Commitments shall have expired or terminated (in which event the procedures of subsection 3.5 shall apply), each U.S. Lender will make the proceeds of the U.S. Revolving Credit Loan made by it pursuant to the immediately preceding sentence available to the General Administrative Agent at the office of the General Administrative Agent specified in subsection 15.2 17.2 prior to 12:00 Noon, New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such U.S. Revolving Credit Loans shall be immediately made available by the General Administrative Agent to the Swing Line Lenders for application to the payment in full of the Refunded Swing Line Loans; any proceeds of such U.S. Revolving Credit Loans remaining after repayment of the Refunded Swing Line Loans in full shall be made available to the U.S. Borrower by the General Administrative Agent crediting the account of the U.S. Borrower at its office specified in subsection 15.217.2.

Refunding of Swing Line Borrowings. (a) Each The Swing Line Lender, at any time in its sole and absolute discretion may, and, at any time when its Swing Line Loans are outstanding for more than five Business Days, each Swing Line Lender shall, on behalf of the U.S. Borrower (which hereby irrevocably directs and authorizes such the Swing Line Lender to act on its behalf), request each U.S. Lender, including Chase and Bank of America IllinoisChase, to make a U.S. Revolving Credit Loan (which shall be an ABR Loan) in an amount equal to such U.S. Lender's Swing Line Participation Funding Commitment Percentage of the greater of (i) the principal amount of the Swing Line Loans (the "Refunded Swing Line Loans") outstanding on the date such notice is given and (ii) $10,000,000given; provided that the provisions of this subsection shall not affect the U.S. Borrower's obligations to repay Swing Line Loans in accordance with the provisions of subsections 3.3 and 7.4(d10.4(d) and (fg). Unless the U.S. Revolving Credit Commitments shall have expired or terminated (in which event the procedures of subsection 3.5 shall apply), each U.S. Lender will make the proceeds of the U.S. Revolving Credit Loan made by it pursuant to the immediately preceding sentence available to the General Administrative Agent at the office of the General Administrative Agent specified in subsection 15.2 18.2 prior to 12:00 Noon, New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such U.S. Revolving Credit Loans shall be immediately made available by the General Administrative Agent to the Swing Line Lenders Lender for application to the payment in full of the Refunded Swing Line Loans; . Upon any proceeds of such Revolving Credit Loans remaining after repayment of request by the Refunded Swing Line Loans in full Lender to the U.S. Lenders pursuant to this subsection 3.4, the General Administrative Agent shall be made available promptly give notice to the U.S. Borrower by the Administrative Agent crediting the account of the U.S. Borrower at its office specified in subsection 15.2such request.

Refunding of Swing Line Borrowings. (a) Each The Swing Line Lender, at any time in its sole and absolute discretion may, and, at any time when its Swing Line Loans are outstanding for more than five Business Days, each Swing Line Lender shall, on behalf of the U.S. Borrower Company (which hereby irrevocably directs and authorizes such the Swing Line Lender to act on its behalf), request each Revolving Credit Lender, including Chase and Bank of America IllinoisChase, to make a Revolving Credit Loan (which shall be a Base Rate Loan) in an amount equal to such Revolving Credit Lender's Swing Line Participation Funding Commitment Percentage of the greater of (i) the principal amount of the Swing Line Loans (the "Refunded Swing Line Loans") outstanding on the date such notice is given and (ii) $10,000,000given; provided that the provisions of this subsection Section shall not affect the U.S. BorrowerCompany's obligations to repay Swing Line Loans in accordance with the provisions of subsections 3.3 Sections 2.08 and 7.4(d6.04(c) and (fj). Unless the Revolving Credit Commitments shall have expired or terminated (in which event the procedures of subsection 3.5 Section 2.10 shall apply), each Revolving Credit Lender will make the proceeds of the Revolving Credit Loan made by it pursuant to the immediately preceding sentence available to the Administrative Agent at the office of the Administrative Agent specified in subsection 15.2 Section 14.02 prior to 12:00 Noon10:00 A.M., New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Credit Loans shall be immediately made available by the Administrative Agent to the Swing Line Lenders Lender for application to the payment in full of the Refunded Swing Line Loans; . Upon any proceeds of such request by the Swing Line Lender to the Revolving Credit Loans remaining after repayment of the Refunded Swing Line Loans in full shall be made available Lenders pursuant to the U.S. Borrower by this Section 2.09, the Administrative Agent crediting shall promptly give notice to the account Company of the U.S. Borrower at its office specified in subsection 15.2such request.

Refunding of Swing Line Borrowings. (a) Each Swing Line Lender, at any time in its sole and absolute discretion may, and, at any time when its Swing Line Loans are outstanding for more than five Business Days, each Swing Line Lender shall, on behalf of the U.S. Borrower (which hereby irrevocably directs and authorizes such each Swing Line Lender to act on its behalf), direct the General Administrative Agent to request each U.S. Lender, including Chase and Bank of America IllinoisBofA, to make a U.S. Revolving Credit Loan (which shall be an ABR Loan) in an amount equal to such U.S. Lender's Swing Line Participation Funding Commitment Percentage of the greater of (i) the principal amount of the Swing Line Loans (the "Refunded Swing Line Loans") outstanding on the date such notice is given and (ii) $10,000,000given; provided that the provisions of this subsection shall not affect the U.S. Borrower's obligations to repay Swing Line Loans in accordance with the provisions of subsections 3.3 and 7.4(d10.4(d) and (fg). Unless the U.S. Revolving Credit Commitments shall have expired or terminated (in which event the procedures of subsection 3.5 shall apply), each U.S. Lender will make the proceeds of the U.S. Revolving Credit Loan made by it pursuant to the immediately preceding sentence available to the General Administrative Agent at the office of the General Administrative Agent specified in subsection 15.2 18.2 prior to 12:00 Noon, New York City time, in funds immediately available on the Business Day next succeeding the date such notice is given. The proceeds of such U.S. Revolving Credit Loans shall be immediately made available by the General Administrative Agent to the relevant Swing Line Lenders Lender for application to the payment in full of the Refunded Swing Line Loans; . Upon any proceeds of such Revolving Credit Loans remaining after repayment of the Refunded request by any Swing Line Loans in full Lender to the U.S. Lenders pursuant to this subsection 3.4, the General Administrative Agent shall be made available promptly give notice to the U.S. Borrower by the Administrative Agent crediting the account of the U.S. Borrower at its office specified in subsection 15.2such request.