Common use of Refunding of Swing Line Loans Clause in Contracts

Refunding of Swing Line Loans. The Swing Line Lender may, at any time and from time to time in its sole and absolute discretion, but not less frequently than weekly, on behalf of Borrowers (and each Borrower hereby irrevocably authorizes the Swing Line Lender to so act on its behalf) request each Revolving Lender (including the Swing Line Lender) to make a Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B) to Borrowers in an amount equal to such Revolving Lender's Pro Rata Share of the principal amount of the Swing Line Loan (Revolver A) or Swing Line Loan (Revolver B), as the case may be (the "REFUNDED SWING LINE LOAN") outstanding on the date such notice is given. Unless any of the events described in SECTIONS 8.1(H) OR 8.1(I) shall have occurred (in which event the procedures of SECTION 1.1(F)(IV) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of such Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B), as the case may be, are then satisfied, each Revolving Lender shall disburse directly to Revolver Agent its Pro Rata Share of such Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B), as the case may be, on behalf of the Swing Line Lender, prior to 3:00 p.m. (New York time), in immediately available funds on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances (Revolver A) or Revolving Credit Advances (Revolver B), as the case may be, shall be immediately paid to the Swing Line Lender and applied to repay the applicable Refunded Swing Line Loan of the Borrowers.

Refunding of Swing Line Loans. The Swing Line Lender mayLender, at any time and from time to ----------------------------- time in its sole and absolute discretion, but not less frequently than weekly, may on behalf of Borrowers the Borrower (and each Borrower which hereby irrevocably authorizes directs the Swing Line Lender to so act on its behalf) request notify each Domestic Revolving Lender (including the Swing Line Lender) to make a Domestic Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B) to Borrowers Loan in an amount equal to such Revolving Lender's Domestic Revolver Pro Rata Share of the Dollar Equivalent of the principal amount of the Swing Line Loan (Revolver A) or Swing Line Loan (Revolver B), as the case may be Loans (the "REFUNDED SWING LINE LOANRefunded Swing Line Loans") outstanding on the date such notice ------------------------- is given, provided, however, that such notice shall be deemed to have -------- ------- automatically been given upon the occurrence of an Event of Default under Sections 10.1(e) or 10.1(f) or upon the occurrence of a Change of Control. ---------------- ------- Unless any of the events described in SECTIONS 8.1(HSections 10.1(e) OR 8.1(Ior 10.1(f) shall have ---------------- ------- occurred (in which event the procedures of SECTION 1.1(F)(IVSection 2.1(e)(iii) shall apply) and ------------------- regardless of whether the conditions precedent set forth in this Agreement to the making of such a Domestic Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B), as the case may be, Loan are then satisfied, each Revolving Lender shall disburse directly make the proceeds of its Domestic Revolving Loan available to Revolver Agent its Pro Rata Share of such Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B), as the case may be, on behalf of the Swing Line Lender, Lender at the Payment Office prior to 3:00 p.m. (11:00 a.m., New York City time), in funds immediately available funds on the Business Day next succeeding the date such notice is given. The proceeds of such Domestic Revolving Credit Advances (Revolver A) or Revolving Credit Advances (Revolver B), as the case may be, Loans shall be immediately paid to the Swing Line Lender and applied to repay the applicable Refunded Swing Line Loan of the BorrowersLoans.

Refunding of Swing Line Loans. (a) The Swing Line Lender mayAdministrative Agent, at ----------------------------- any time and from time to time in its sole and absolute discretion, but not less frequently than weeklymay (or, upon the request of the Swing Line Lender, shall), on behalf of Borrowers the Borrower (and each Borrower which hereby irrevocably authorizes directs the Swing Line Lender Administrative Agent to so act on its behalf) request that each Revolving Credit Lender (including the Swing Line Lender) to make a Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B) to Borrowers Loan in an amount equal to such Revolving Credit Lender's Pro Rata Share Commitment Percentage of the then outstanding principal amount of Swing Line Loans (the "Refunded Swing Line Loans") on the ------------------------- date such notice is given (regardless of whether the Refunded Swing Line Loans comply with the minimum borrowing provisions of subsection 6.2). In the event that the Swing Line Lender makes its request for refunding of the Swing Line Loans, each Revolving Credit Lender shall make the proceeds of its Revolving Credit Loan (Revolver A) or available in immediately available funds to the Administrative Agent, for the benefit of the Swing Line Loan Lender, at the office of the Administrative Agent specified in subsection 18.2 prior to 11:00 A.M., New York City time, on the first Business Day following such request (Revolver B)or, as if such request is made prior to 10:00 A.M., New York City time, on any date, then the case may proceeds of such Revolving Credit Loans shall instead be (so made available to the "REFUNDED SWING LINE LOAN") outstanding Administrative Agent prior to 2:00 P.M., New York City time, on the date of such notice is given. Unless request); provided that in the event that any of the events described in SECTIONS 8.1(H-------- subsection 16.1(a) OR 8.1(Ior (b) shall have occurred (in which event and be continuing, the procedures Revolving Credit Lenders shall not make such Revolving Credit Loans and the provisions of SECTION 1.1(F)(IVsubsection 8.3(b) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of such Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B), as the case may be, are then satisfied, each Revolving Lender shall disburse directly to Revolver Agent its Pro Rata Share of such Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B), as the case may be, on behalf of the Swing Line Lender, prior to 3:00 p.m. (New York time), in immediately available funds on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances (Revolver A) or Revolving Credit Advances (Revolver B), as the case may be, shall be immediately paid to the Swing Line Lender and applied to repay the applicable Refunded Swing Line Loan of the Borrowers.

Refunding of Swing Line Loans. (a) The Swing Line Lender mayAdministrative Agent, at any time and from time to time in its sole and absolute discretion, but not less frequently than weeklymay (or, upon the request of the Swing Line Lender, shall), on behalf of Borrowers the Primary Borrower (and each Borrower which hereby irrevocably authorizes directs the Swing Line Lender Administrative Agent to so act on its behalf) request that each Revolving Credit Lender (including the Swing Line Lender) to make a Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B) to Borrowers Loan in an amount equal to such Revolving Credit Lender's Pro Rata Share Commitment Percentage of the then outstanding principal amount of the Swing Line Loan (Revolver A) or Swing Line Loan (Revolver B), as the case may be Loans (the "REFUNDED SWING LINE LOANRefunded Swing Line Loans") outstanding on the date such notice is givengiven (regardless of whether the Refunded Swing Line Loans comply with the minimum borrowing provisions of subsection 6.2). Unless In the event that the Swing Line Lender makes its request for refunding of the Swing Line Loans, each Revolving Credit Lender shall make the proceeds of its Revolving Credit Loan available in immediately available funds to the Administrative Agent, for the benefit of the Swing Line Lender, at the applicable Funding Office prior to 11:00 A.M., New York City time, on the first Business Day following such request (or, if such request is made prior to 10:00 A.M., New York City time, on any date, then the proceeds of such Revolving Credit Loans shall instead be so made available to the Administrative Agent prior to 2:00 P.M., New York City time, on the date of such request); provided that in the event that any of the events described in SECTIONS 8.1(Hsubsection 15.1(a) OR 8.1(Ior (b) shall have occurred (in which event and be continuing, the procedures Revolving Credit Lenders shall not make such Revolving Credit Loans and the provisions of SECTION 1.1(F)(IVsubsection 8.3(b) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to the making of such Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B), as the case may be, are then satisfied, each Revolving Lender shall disburse directly to Revolver Agent its Pro Rata Share of such Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B), as the case may be, on behalf of the Swing Line Lender, prior to 3:00 p.m. (New York time), in immediately available funds on the Business Day next succeeding the date such notice is given. The proceeds of such Revolving Credit Advances (Revolver A) or Revolving Credit Advances (Revolver B), as the case may be, shall be immediately paid to the Swing Line Lender and applied to repay the applicable Refunded Swing Line Loan of the Borrowers.

Refunding of Swing Line Loans. (a) The Swing Line Lender mayAdministrative Agent, at any time and from time to time in its sole and absolute discretion, but not less frequently than weeklymay (or, upon the request of the Swing Line Lender, shall) on behalf of Borrowers the Company (and each Borrower which hereby irrevocably authorizes directs the Swing Line Lender Administrative Agent to so act on its behalf) request that each Revolving Credit Lender (including the Swing Line Lender) to make a Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B) to Borrowers Loan in an amount equal to such Revolving Credit Lender's Pro Rata Share Revolving Credit Commitment Percentage of the then outstanding principal amount of the Swing Line Loan (Revolver A) or Swing Line Loan (Revolver B), as the case may be Loans (the "REFUNDED SWING LINE LOANLOANS") outstanding on the date such notice is given. Unless any of the events described in SECTIONS 8.1(H) OR 8.1(I) shall have occurred given (in which event the procedures of SECTION 1.1(F)(IV) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to Refunded Swing Line Loans comply with the making minimum borrowing provisions of such Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver Bsubsection 4.2), as . In the case may be, are then satisfiedevent that the Swing Line Lender makes its request for refunding of the Swing Line Loans, each Revolving Credit Lender shall disburse directly to Revolver Agent make the proceeds of its Pro Rata Share of such Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B)Loan available in immediately available funds to the Administrative Agent, as for the case may be, on behalf benefit of the Swing Line Lender, at the office of the Administrative Agent specified in subsection 17.3 prior to 3:00 p.m. (11:00 A.M., New York City time), in immediately available funds on the first Business Day next succeeding following such request (or, if such request is made prior to 10:00 A.M., New York City time, on any date, then the date such notice is given. The proceeds of such Revolving Credit Advances (Revolver A) or Loans shall instead be so made available to the Administrative Agent prior to 2:00 P.M., New York City time, on the date of such request); PROVIDED, HOWEVER, that in the event that any Bankruptcy Event shall have occurred and be continuing, the Revolving Credit Advances (Revolver B), as Lenders shall not make such Revolving Credit Loans and the case may be, provisions of subsection 6.3(b) shall be immediately paid to the Swing Line Lender and applied to repay the applicable Refunded Swing Line Loan of the Borrowersapply.

Refunding of Swing Line Loans. (a) The Swing Line Lender mayAdministrative Agent, at any time and from time to time in its sole and absolute discretion, but not less frequently than weeklymay (or, upon the request of the Swing Line Lender, shall) on behalf of Borrowers the Company (and each Borrower which hereby irrevocably authorizes directs the Swing Line Lender Administrative Agent to so act on its behalf) request that each Revolving Credit Lender (including the Swing Line Lender) to make a Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B) to Borrowers Loan in an amount equal to such Revolving Lender's Pro Rata Share Revolving Credit Commitment Percentage of the then outstanding principal amount of the Swing Line Loan (Revolver A) or Swing Line Loan (Revolver B), as the case may be Loans (the "REFUNDED SWING LINE LOANLOANS") outstanding on the date such notice is given. Unless any of the events described in SECTIONS 8.1(H) OR 8.1(I) shall have occurred given (in which event the procedures of SECTION 1.1(F)(IV) shall apply) and regardless of whether the conditions precedent set forth in this Agreement to Refunded Swing Line Loans comply with the making minimum borrowing provisions of such Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver Bsubsection 4.2), as . In the case may be, are then satisfiedevent that the Swing Line Lender makes its request for refunding of the Swing Line Loans, each Revolving Credit Lender shall disburse directly to Revolver Agent make the proceeds of its Pro Rata Share of such Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B)Loan available in immediately available funds to the Administrative Agent, as for the case may be, on behalf benefit of the Swing Line Lender, at the office of the Administrative Agent specified in subsection 14.3 prior to 3:00 p.m. (11:00 A.M., New York City time), in immediately available funds on the first Business Day next succeeding following such request (or, if such request is made prior to 10:00 A.M., New York City time, on any date, then the date such notice is given. The proceeds of such Revolving Credit Advances (Revolver A) or Loans shall instead be so made available to the Administrative Agent prior to 2:00 P.M., New York City time, on the date of such request); PROVIDED, HOWEVER, that in the event that any Bankruptcy Event shall have occurred and be continuing, the Revolving Credit Advances (Revolver B), as Lenders shall not make such Revolving Credit Loans and the case may be, provisions of subsection 6.3(b) shall be immediately paid to the Swing Line Lender and applied to repay the applicable Refunded Swing Line Loan of the Borrowersapply.