Common use of Refunding of Swing Line Loans Clause in Contracts

Refunding of Swing Line Loans. The Swing Line Lender, at any ----------------------------- time in its sole and absolute discretion, may on behalf of the Borrower (which hereby irrevocably directs the Swing Line Lender to so act on its behalf) notify each Domestic Revolving Lender (including the Swing Line Lender) to make a Domestic Revolving Loan in an amount equal to such Lender's Domestic Revolver Pro Rata Share of the Dollar Equivalent of the principal amount of the Swing Line Loans (the "Refunded 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 10.1(e) or 10.1(f) shall have ---------------- ------- occurred (in which event the procedures of Section 2.1(e)(iii) shall apply) and ------------------- regardless of whether the conditions precedent set forth in this Agreement to the making of a Domestic Revolving Loan are then satisfied, each Lender shall make the proceeds of its Domestic Revolving Loan available to the Swing Line Lender at the Payment Office prior to 11:00 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 Domestic Revolving Loans shall be immediately applied to repay the Refunded Swing Line Loans.

Refunding of Swing Line Loans. The Swing Line LenderLender may, at any ----------------------------- time and from time to time in its sole and absolute discretion, may but not less frequently than weekly, on behalf of the Borrowers (and each Borrower (which hereby irrevocably directs authorizes the Swing Line Lender to so act on its behalf) notify request each Domestic Revolving Lender (including the Swing Line Lender) to make a Domestic Revolving Loan Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B) to Borrowers 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 Loans Loan (Revolver A) or Swing Line Loan (Revolver B), as the case may be (the "Refunded Swing Line LoansREFUNDED SWING LINE LOAN") 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 10.1(eSECTIONS 8.1(H) or 10.1(fOR 8.1(I) shall have ---------------- ------- occurred (in which event the procedures of Section 2.1(e)(iiiSECTION 1.1(F)(IV) shall apply) and ------------------- regardless of whether the conditions precedent set forth in this Agreement to the making of a Domestic such Revolving Loan Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B), as the case may be, are then satisfied, each Revolving Lender shall make disburse directly to Revolver Agent its Pro Rata Share of such Revolving Credit Advance (Revolver A) or Revolving Credit Advance (Revolver B), as the proceeds case may be, on behalf of its Domestic Revolving Loan available to the Swing Line Lender at the Payment Office Lender, prior to 11:00 a.m., 3:00 p.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 Loans 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 LoansLoan of the Borrowers.

Refunding of Swing Line Loans. (a) The Swing Line LenderAdministrative Agent, at any ----------------------------- time in its sole and absolute discretion, may (or, upon the request of the Swing Line Lender, shall) on behalf of the Borrower Company (which hereby irrevocably directs the Swing Line Lender Administrative Agent to so act on its behalf) notify request that each Domestic Revolving Credit Lender (including the Swing Line Lender) to make a Domestic Revolving Credit Loan in an amount equal to such Revolving Credit Lender's Domestic Revolver Pro Rata Share Revolving Credit Commitment Percentage of the Dollar Equivalent of the then outstanding principal amount of the Swing Line Loans (the "Refunded Swing Line LoansREFUNDED 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 10.1(e) or 10.1(f) shall have ---------------- ------- occurred (in which event the procedures of Section 2.1(e)(iii) 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 a Domestic Revolving Loan are then satisfiedsubsection 4.2). 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 Domestic Revolving Credit Loan available in immediately available funds to the Administrative Agent, for the benefit of the Swing Line Lender Lender, at the Payment Office office of the Administrative Agent specified in subsection 17.3 prior to 11:00 a.m.A.M., New York City time, in funds immediately available 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 Domestic Revolving Credit Loans shall instead be immediately applied so made available to repay the Refunded Swing Line LoansAdministrative 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 Lenders shall not make such Revolving Credit Loans and the provisions of subsection 6.3(b) shall apply.

Refunding of Swing Line Loans. (a) The Swing Line LenderAdministrative Agent, at any ----------------------------- time in its sole and absolute discretion, may (or, upon the request of the Swing Line Lender, shall) on behalf of the Borrower Company (which hereby irrevocably directs the Swing Line Lender Administrative Agent to so act on its behalf) notify request that each Domestic Revolving Credit Lender (including the Swing Line Lender) to make a Domestic Revolving Credit Loan in an amount equal to such Lender's Domestic Revolver Pro Rata Share Revolving Credit Commitment Percentage of the Dollar Equivalent of the then outstanding principal amount of the Swing Line Loans (the "Refunded Swing Line LoansREFUNDED 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 10.1(e) or 10.1(f) shall have ---------------- ------- occurred (in which event the procedures of Section 2.1(e)(iii) 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 a Domestic Revolving Loan are then satisfiedsubsection 4.2). 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 Domestic Revolving Credit Loan available in immediately available funds to the Administrative Agent, for the benefit of the Swing Line Lender Lender, at the Payment Office office of the Administrative Agent specified in subsection 14.3 prior to 11:00 a.m.A.M., New York City time, in funds immediately available 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 Domestic Revolving Credit Loans shall instead be immediately applied so made available to repay the Refunded Swing Line LoansAdministrative 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 Lenders shall not make such Revolving Credit Loans and the provisions of subsection 6.3(b) shall apply.

Refunding of Swing Line Loans. (a) The Swing Line LenderAdministrative Agent, at any ----------------------------- time in its sole and absolute discretion, may (or, upon the request of the Swing Line Lender, shall), on behalf of the Primary Borrower (which hereby irrevocably directs the Swing Line Lender Administrative Agent to so act on its behalf) notify request that each Domestic Revolving Credit Lender (including the Swing Line Lender) to make a Domestic Revolving Credit Loan in an amount equal to such Revolving Credit Lender's Domestic Revolver Pro Rata Share Commitment Percentage of the Dollar Equivalent of the then outstanding principal amount of the Swing Line Loans (the "Refunded 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 10.1(e) or 10.1(f) shall have ---------------- ------- occurred (in which event the procedures of Section 2.1(e)(iii) 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 a Domestic Revolving Loan are then satisfiedsubsection 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 Domestic Revolving Credit Loan available in immediately available funds to the Administrative Agent, for the benefit of the Swing Line Lender Lender, at the Payment applicable Funding Office prior to 11:00 a.m.A.M., New York City time, in funds immediately available 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 Domestic Revolving Credit Loans shall instead be immediately applied so made available to repay the Refunded Swing Line LoansAdministrative 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 subsection 15.1(a) or (b) shall have occurred and be continuing, the Revolving Credit Lenders shall not make such Revolving Credit Loans and the provisions of subsection 8.3(b) shall apply.

Refunding of Swing Line Loans. (a) The Swing Line LenderAdministrative Agent, at ----------------------------- any ----------------------------- time in its sole and absolute discretion, may (or, upon the request of the Swing Line Lender, shall), on behalf of the Borrower (which hereby irrevocably directs the Swing Line Lender Administrative Agent to so act on its behalf) notify request that each Domestic Revolving Credit Lender (including the Swing Line Lender) to make a Domestic Revolving Credit Loan in an amount equal to such Revolving Credit Lender's Domestic Revolver Pro Rata Share Commitment Percentage of the Dollar Equivalent of the then outstanding principal amount of the Swing Line Loans (the "Refunded 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 10.1(e) or 10.1(f) shall have ---------------- ------- occurred (in which event the procedures of Section 2.1(e)(iii) 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 a Domestic Revolving Loan are then satisfiedsubsection 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 Domestic Revolving Credit Loan available in immediately available funds to the Administrative Agent, for the benefit of the Swing Line Lender Lender, at the Payment Office office of the Administrative Agent specified in subsection 18.2 prior to 11:00 a.m.A.M., New York City time, in funds immediately available 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 Domestic Revolving Credit Loans shall instead be immediately applied so made available to repay the Refunded Swing Line LoansAdministrative 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 -------- subsection 16.1(a) or (b) shall have occurred and be continuing, the Revolving Credit Lenders shall not make such Revolving Credit Loans and the provisions of subsection 8.3(b) shall apply.