Common use of Refunding Unpaid Swingline Loans Clause in Contracts

Refunding Unpaid Swingline Loans. If (w) any Swingline Loan is not paid in full on its maturity date and the Swingline Lender so requests, (x) the Swingline Loans become immediately due and payable pursuant to Article 6, (y) the Commitments terminate at a time any Swingline Loans are outstanding, or (z) requested by the Swingline Lender by written notice given to the Administrative Agent not later than 10:00 A.M. (Eastern time) on any Business Day, the Administrative Agent shall, by notice to the Lenders (including the Swingline Lender, in its capacity as a Lender), require each Lender to pay to the Administrative Agent for the account of the Swingline Lender an amount equal to such Lender’s Percentage of the aggregate unpaid principal amount of the Swingline Loans described in clause (w), (x), (y) or (z) above, as the case may be. Such notice shall specify the date on which such payments are to be made, which shall be the first Domestic Business Day after such notice is given. Not later than 3:00 P.M. (Eastern time) on the date so specified, each Lender shall pay the amount so notified to it to the Administrative Agent at its address specified in or pursuant to Section 9.01, in Federal or other funds immediately available in New York City. Promptly upon receipt thereof, the Administrative Agent shall remit such amounts to the Swingline Lender. The amount so paid by each Lender shall constitute a Base Rate Loan to the Borrower and shall be applied by the Swingline Lender to repay the outstanding Swingline Loans.

Appears in 6 contracts

Samples: Credit Agreement (Duke Energy Florida, Llc.), Credit Agreement (Piedmont Natural Gas Co Inc), Credit Agreement (Duke Energy Ohio, Inc.)

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Refunding Unpaid Swingline Loans. If (w) any Swingline Loan is not paid in full on its maturity date and the Swingline Lender Bank so requests, (x) the Swingline Loans become immediately due and payable pursuant to Article 6, (y) the Commitments terminate at a time any Swingline Loans are outstanding, or (z) requested by the Swingline Lender Bank by written notice given to the Administrative Agent not later than 10:00 A.M. (Eastern time) on any Business Day, the Administrative Agent shall, by notice to the Lenders Banks (including the Swingline LenderBank, in its capacity as a LenderBank), require each Lender Bank to pay to the Administrative Agent for the account of the Swingline Lender Bank an amount equal to such LenderBank’s Commitment Percentage of the aggregate unpaid principal amount of the Swingline Loans described in clause (w), (x), (y) or (z) above, as the case may be. Such notice shall specify the date on which such payments are to be made, which shall be the first Domestic Business Day after such notice is given. Not later than 3:00 P.M. (Eastern time) on the date so specified, each Lender Bank shall pay the amount so notified to it to the Administrative Agent at its address specified in or pursuant to Section 9.01, in Federal or other funds immediately available in New York City. Promptly upon receipt thereof, the Administrative Agent shall remit such amounts to the Swingline LenderBank. The amount so paid by each Lender Bank shall constitute a Base Rate Loan to the Borrower and shall be applied by the Swingline Lender Bank to repay the outstanding Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Duke Energy CORP)

Refunding Unpaid Swingline Loans. If (w) any Swingline Loan is not paid in full on its maturity date and the Swingline Lender so requests, (x) the Swingline Loans become immediately due and payable pursuant to Article 68, (y) the Commitments terminate at a time any Swingline Loans are outstanding, or (z) requested by the Swingline Lender by written notice given to the Administrative Agent administrative agent not later than 10:00 A.M. a.m. (Eastern Atlanta time) on any Business Day, the Administrative Agent shall, by notice to the Lenders (including the Swingline Lender, in its capacity as a Lenderlender), require each Lender to pay to the Administrative Agent for the account of the Swingline Lender an amount equal to such Lender’s 's Commitment Percentage of the aggregate unpaid principal amount of the Swingline Loans described in clause (w), (x), (y) or (z) above, as the case may be. Such notice shall specify the date on which such payments are to be made, which shall be the first Domestic Business Day after such notice is given. Not later than 3:00 P.M. 4:00 p.m. (Eastern Atlanta time) on the date so specified, each Lender shall pay the amount so notified to it to the Administrative Agent at its address specified in or pursuant to Section 9.01, Article 13 in Federal or other funds immediately available in New York CityAtlanta. Promptly upon receipt thereof, the Administrative Agent shall remit such amounts to the Swingline Lender. The amount so paid by each Lender shall constitute a Base Rate Loan to the Borrower at a rate equal to the Floating Rate or, in the case of (w), (x) or (y) above, the Floating Rate plus 2% per annum and shall be applied by the Swingline Lender to repay the outstanding Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Servicemaster Co)

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Refunding Unpaid Swingline Loans. If (w) any U.S. Committed Swingline Loan is not paid in full on its maturity date and the U.S. Swingline Lender so requests, (x) the U.S. Committed Swingline Loans become immediately due and payable pursuant to Article 6Section 8.01, (y) the U.S. Commitments terminate at a time any U.S. Committed Swingline Loans are outstanding, or (z) requested by the U.S. Swingline Lender by written notice given to the Administrative Agent not later than 10:00 A.M. (Eastern time) on any Business Day, the Administrative Agent shall, by notice to the U.S. Lenders (including the U.S. Swingline Lender, in its capacity as a U.S. Lender), require each U.S. Lender to pay to the Administrative Agent for the account of the U.S. Swingline Lender an amount equal to such U.S. Lender’s U.S. Percentage of the aggregate unpaid principal amount of the U.S. Committed Swingline Loans described in clause (w), (x), (y) or (z) above, as the case may beLoans. Such notice shall specify the date on which such payments are to be made, which shall be the first Domestic Business Day after such notice is given. Not later than 3:00 P.M. (Eastern time) on the date so specified, each U.S. Lender shall pay the amount so notified to it to the Administrative Agent at its address specified in or pursuant to Section 9.01, the Payment Office in Federal or other funds immediately available in New York City. Promptly upon receipt thereof, the Administrative Agent shall remit such amounts to the U.S. Swingline Lender. The amount so paid by each U.S. Lender shall constitute a Base Rate Loan to the Borrower and shall be applied by the U.S. Swingline Lender to repay the outstanding U.S. Committed Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Aramark Corp/De)

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