Relationship with Revolving Facility. 6.5.1 This Clause applies when a Swingline Loan is outstanding or is to be borrowed. 6.5.2 The Revolving Facility may be used by way of Swingline Loans. The Swingline Facility is not independent of the Revolving Facility. 6.5.3 Notwithstanding any other term of this Agreement a Lender is only obliged to participate in a Revolving Loan or a Swingline Loan to the extent that it would not result in the Base Currency Amount of its participation and that of a Lender which is its Affiliate in the Revolving Loans, the Dollar Swingline Loans, and the Euro Swingline Loans exceeding its Overall Commitment. 6.5.4 Where, but for the operation of sub-clause 6.5.3 above, the Base Currency Amount of a Lender's participation and that of a Lender which is its Affiliate in the Revolving Loans, the Dollar Swingline Loans, and the Euro Swingline Loans would have exceeded its Overall Commitment, the excess will be apportioned among the other Lenders participating in the relevant Loan pro rata according to their relevant Commitments. This calculation will be applied as often as necessary until the Loan is apportioned among the relevant Lenders in a manner consistent with sub-clause 6.5.3 above. 6.5.5 The amount of a proposed Dollar Swingline Loan or, as the case may be, the Base Currency Amount of a proposed Euro Swingline Loan must not, when aggregated with the Base Currency Amount of all outstanding Swingline Loans, exceed the Total Swingline Commitments.
Appears in 2 contracts
Samples: Syndication and Amendment Agreement (Shire PLC), Facilities Agreement (Shire PLC)
Relationship with Revolving Facility. 6.5.1 This Clause applies when a Swingline Loan is outstanding or is to be borrowed.
6.5.2 The Revolving Facility may be used by way of Swingline Loans. The Swingline Facility is not independent of the Revolving Facility.
6.5.3 Notwithstanding any other term of this Agreement a Lender is only obliged to participate in a Revolving Loan or a Swingline Loan to the extent that it would not result in the Base Currency Amount of its participation and that of a Lender which is its Affiliate in the Revolving Loans, the Dollar Swingline Loans, Loans and the Euro Swingline Loans exceeding its Overall Commitment.
6.5.4 Where, but for the operation of sub-clause 6.5.3 above, the Base Currency Amount of a Lender's ’s participation and that of a Lender which is its Affiliate in the Revolving Loans, the Dollar Swingline Loans, Loans and the Euro Swingline Loans would have exceeded its Overall Commitment, the excess will be apportioned among the other Lenders participating in the relevant Loan pro rata according to their relevant Commitments. This calculation will be applied as often as necessary until the Loan is apportioned among the relevant Lenders in a manner consistent with sub-clause 6.5.3 above.
6.5.5 The amount of a proposed Dollar Swingline Loan or, as the case may be, the Base Currency Amount of a proposed Euro Swingline Loan must not, when aggregated with the Base Currency Amount of all outstanding Swingline Loans, exceed the Total Swingline Commitments.
Appears in 1 contract
Samples: Facility Agreement (Shire Ltd.)
Relationship with Revolving Facility. 6.5.1 This Clause applies when a Swingline Loan is outstanding or is to be borrowed.
6.5.2 The Revolving Facility may be used by way of Swingline Loans. The Swingline Facility is not independent of the Revolving Facility.
6.5.3 Notwithstanding any other term of this Agreement a Lender is only obliged to participate in a Revolving Loan or a Swingline Loan to the extent that it would not result in the Base Currency Amount of its participation and that of a Lender which is its Affiliate in the Revolving Loans, the Dollar Swingline Loans, and the Euro Swingline Loans exceeding its Overall Commitment.
6.5.4 Where, but for the operation of sub-clause 6.5.3 above, the Base Currency Amount of a Lender's ’s participation and that of a Lender which is its Affiliate in the Revolving Loans, the Dollar Swingline Loans, and the Euro Swingline Loans would have exceeded its Overall Commitment, the excess will be apportioned among the other Lenders participating in the relevant Loan pro rata according to their relevant Commitments. This calculation will be applied as often as necessary until the Loan is apportioned among the relevant Lenders in a manner consistent with sub-clause 6.5.3 above.
6.5.5 The amount of a proposed Dollar Swingline Loan or, as the case may be, the Base Currency Amount of a proposed Euro Swingline Loan must not, when aggregated with the Base Currency Amount of all outstanding Swingline Loans, exceed the Total Swingline Commitments.
Appears in 1 contract
Samples: Facilities Agreement (Shuttle Corp)