Common use of Refunding Swing Line Loans With Proceeds of Mandatory Revolving Loans Clause in Contracts

Refunding Swing Line Loans With Proceeds of Mandatory Revolving Loans. If (i) any Swing Line Loan shall be outstanding upon the occurrence of an Event of Default, or (ii) after giving effect to any request for a Swing Line Loan or a Revolving Credit Loan, the aggregate principal amount of the Revolving Credit Loans and Swing Line Loans outstanding to the Swing Line Lender would exceed the Swing Line Lender's Revolving Credit Loan Commitment, then each Lender hereby agrees, upon request from the Swing Line Lender, to make a Revolving Credit Loan (which shall be initially funded as a Base Rate Option) in an amount equal to such Lender's Pro Rata Share of the outstanding principal amount of the Swing Line Loans (the "Refunded Swing Line Loans") outstanding on the date such notice is given. On or before 11:00 a.m. (Nashville, Tennessee time) on the first Business Day following receipt by each Lender of a request to make Revolving Credit Loans as provided in the preceding sentence, each such Lender (other than the Swing Line Lender) shall deposit in an account specified by the Agent to the Lenders from time to time the amount so requested in same day funds, whereupon such funds shall be immediately delivered to the Swing Line Lender (and not the Borrower) and applied to repay the Refunded Swing Line Loans. On the day such Revolving Credit Loans are made, the Swing Line Lender's pro rata share of the Refunded Swing Line Loans shall be deemed to be paid with the proceeds of the Revolving Credit Loans made by the Swing Line Lender. Upon the making of any Revolving Credit Loan pursuant to this clause, the amount so funded shall become due under such Lender's Revolving Credit Note and shall no longer be owed under the Swing Line Note. Each Lender's obligation to make the Revolving Credit Loans referred to in this clause shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, the Borrower or any other Person for any reason whatsoever; (ii) the occurrence or continuance of any Default Condition or Event of Default; (iii) any adverse change in the condition (financial or otherwise) of the Borrower or any other Consolidated Entity; (iv) the acceleration or maturity of any Loans or the termination of the Revolving Credit Loan Commitments after the making of any Swing Line Loan; (v) any breach of this Agreement by the Borrower or any other Lender; or (vi) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Refunding Swing Line Loans With Proceeds of Mandatory Revolving Loans. If (i) any Swing Line Loan shall be outstanding upon the occurrence of an Event of Default, or (ii) after giving effect to any request for a Swing Line Loan or a Revolving Credit Loan, the aggregate principal amount of the Revolving Credit Loans and Swing Line Loans outstanding to the Swing Line Lender would exceed the Swing Line Lender's Revolving Credit Loan Commitment, then each Lender hereby agrees, upon request from the Swing Line Lender, to make a Revolving Credit Loan (which shall be initially funded as a Base Rate Option) in an amount equal to such Lender's Pro Rata Share of the outstanding principal amount of the Swing Line Loans (the "Refunded Swing Line Loans") outstanding on the date such notice is given. On or before 11:00 a.m. (Nashville, Tennessee timelocal time for the Agent) on the first Business Day following receipt by each Lender of a request to make Revolving Credit Loans as provided in the preceding sentence, each such Lender (other than the Swing Line Lender) shall deposit in an account specified by the Agent to the Lenders from time to time the amount so requested in same day funds, whereupon such funds shall be immediately delivered to the Swing Line Lender (and not the Borrower) and applied to repay the Refunded Swing Line Loans. On the day such Revolving Credit Loans are made, the Swing Line Lender's pro rata share of the Refunded Swing Line Loans shall be deemed to be paid with the proceeds of the Revolving Credit Loans made by the Swing Line Lender. Upon the making of any Revolving Credit Loan pursuant to this clause, the amount so funded shall become due under such Lender's Revolving Credit Note and shall no longer be owed under the Swing Line Note. Each Lender's obligation to make the Revolving Credit Loans referred to in this clause shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, the Borrower or any other Person for any reason whatsoever; (ii) the occurrence or continuance of any Default Condition or Event of Default; (iii) any adverse change in the condition (financial or otherwise) of the Borrower or any other Consolidated EntityCompany; (iv) the acceleration or maturity of any Loans or the termination of the Revolving Credit Loan Commitments after the making of any Swing Line Loan; (v) any breach of this Agreement by the Borrower or any other Lender; or (vi) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Refunding Swing Line Loans With Proceeds of Mandatory Revolving Loans. If (i) any Swing Line Loan shall be outstanding upon the occurrence of an Event of Default, or (ii) after giving effect to any request for a Swing Line Loan or a Revolving Credit Loan, the aggregate principal amount of the Revolving Credit Loans and Swing Line Loans outstanding to the Swing Line Lender would exceed the Swing Line Lender's Revolving Credit Loan Commitment, then each Lender hereby agrees, upon request from the Swing Line Lender, to make a Revolving Credit Loan (which shall be initially funded as a Base Rate OptionAdvance) in an amount equal to such Lender's Pro Rata Share Applicable Commitment Percentage of the outstanding principal amount of the Swing Line Loans (the "Refunded Swing Line Loans") outstanding on the date such notice is given. On or before 11:00 a.m. (Nashville, Tennessee timelocal time for the Agent) on the first Business Day following receipt by each Lender of a request to make Revolving Credit Loans as provided in the preceding sentence, each such Lender (other than the Swing Line Lender) shall deposit in an account specified by the Agent to the Lenders from time to time the amount so requested in same day funds, whereupon such funds shall be immediately delivered to the Swing Line Lender (and not the Borrower) and applied to repay the Refunded Swing Line Loans. On the day such Revolving Credit Loans are made, the Swing Line Lender's pro rata share of the Refunded Swing Line Loans shall be deemed to be paid with the proceeds of the Revolving Credit Loans made by the Swing Line Lender. Upon the making of any Revolving Credit Loan pursuant to this clause, the amount so funded shall become due under such Lender's Revolving Credit Note and shall no longer be owed under the Swing Line Note. Each Lender's obligation to make the Revolving Credit Loans referred to in this clause shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, the Borrower or any other Person for any reason whatsoever; (ii) the occurrence or continuance of any Default Condition or Event of Default; (iii) any adverse change in the condition (financial or otherwise) of the Borrower or any other Consolidated EntityCompany; (iv) the acceleration or maturity of any Loans or the termination of the Revolving Credit Loan Commitments after the making of any Swing Line Loan; (v) any breach of this Agreement by the Borrower or any other Lender; or (vi) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Refunding Swing Line Loans With Proceeds of Mandatory Revolving Loans. If (i) any Swing Line Loan shall be outstanding upon the occurrence of an Event of Default, or (ii) after giving effect to any request for a Swing Line Loan or a Revolving Credit Loan, the aggregate principal amount of the Revolving Credit Loans and Swing Line Loans outstanding to the Swing Line Lender would exceed the Swing Line Lender's Revolving Credit Loan Commitment, then each Lender hereby agrees, upon request from the Swing Line Lender, to make a Revolving Credit Loan (which shall be initially funded as a Base Rate Option) in an amount equal to such Lender's Pro Rata Share of the outstanding principal amount of the Swing Line Loans (the "Refunded Swing Line Loans") outstanding on the date such notice is given. On or before 11:00 a.m. (Nashville, Tennessee time) on the first Business Day following receipt by each Lender of a request to make Revolving Credit Loans as provided in the preceding sentence, each such Lender (other than the Swing Line Lender) shall deposit in an account specified by the Administrative Agent to the Lenders from time to time the amount so requested in same day funds, whereupon such funds shall be immediately delivered to the Swing Line Lender (and not the Borrower) and applied to repay the Refunded Swing Line Loans. On the day such Revolving Credit Loans are made, the Swing Line Lender's pro rata share of the Refunded Swing Line Loans shall be deemed to be paid with the proceeds of the Revolving Credit Loans made by the Swing Line Lender. Upon the making of any Revolving Credit Loan pursuant to this clause, the amount so funded shall become due under such Lender's Revolving Credit Note and shall no longer be owed under the Swing Line Note. Each Lender's obligation to make the Revolving Credit Loans referred to in this clause shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, the Borrower or any other Person for any reason whatsoever; (ii) the occurrence or continuance of any Default Condition or Event of Default; (iii) any adverse change in the condition (financial or otherwise) of the Borrower or any other Consolidated Entity; (iv) the acceleration or maturity of any Loans or the termination of the Revolving Credit Loan Commitments after the making of any Swing Line Loan; (v) any breach of this Agreement by the Borrower or any other Lender; or (vi) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.other