Relationship with the Revolving Facility. (a) This Subclause applies when a Swingline Loan is outstanding or is to be borrowed. (b) The Revolving Facility may be used by way of Swingline Loans. The Swingline Facility is not independent of the Revolving Facility. (c) Notwithstanding any other term of this Agreement a Lender is only obliged to participate in a Utilisation to the extent that it would not result in the aggregate Base Currency Amounts of all its participation and that of a Lender which is its Affiliate in Utilisations exceeding its Overall Commitment. (d) Where, but for the operation of paragraph (c) above, the Base Currency Amount of a Lender's participation and that of a Lender which is its Affiliate in Utilisations would have exceeded its Overall Commitment, the excess will be apportioned among the other Lenders participating in the relevant Utilisation pro rata according to their relevant Commitments (or in the case of a Lender Affiliate, that of the Lender of which it is a Lender Affiliate). This calculation will be applied as often as necessary until the Utilisation is apportioned among the relevant Lenders in a manner consistent with paragraph (c) above.
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Samples: Facility Agreement (Linde PLC)
Relationship with the Revolving Facility. (a) This Subclause sub-clause applies when a Dollar Swingline Loan is outstanding or is to be borrowed.
(b) The Revolving Facility may be used by way of Dollar Swingline Loans. The Dollar Swingline Facility is not independent of the Revolving Facility.
(c) Notwithstanding any other term of this Agreement a Lender is only obliged to participate in a Utilisation Loan to the extent that it would not result in the aggregate Base Currency Amounts Amount of all its participation (and that of a Lender which is its Affiliate Designated Entity) in Utilisations the Loans exceeding its Overall Commitment.
(d) Where, but for the operation of paragraph (c) above, the Base Currency Amount of a Lender's ’s participation (and that of a Lender which is its Affiliate Designated Entity) in Utilisations the Loans would have exceeded its Overall Commitment, the excess will be apportioned among the other Lenders participating in the relevant Utilisation Loan pro rata according to their relevant Commitments (or in the case of a Lender Affiliate, that of the Lender of which it is a Lender Affiliate)Commitments. This calculation will be applied as often as necessary until the Utilisation Loan is apportioned among the relevant Lenders in a manner consistent with paragraph (c) above.
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Relationship with the Revolving Facility. (a) This Subclause subclause applies when a Swingline Loan is outstanding or is to be borrowed.
(b) The Revolving Facility may be used by way of Swingline Loans. The Swingline Facility is not independent of the Revolving Facility.
(c) Notwithstanding any other term of this Agreement a Lender is only obliged to participate in a Utilisation Revolving Facility Loan or a Swingline Loan to the extent that it would not result in the aggregate Base Currency Amounts of all its participation and that of a Lender which is its Affiliate in Utilisations the Revolving Facility Loans and Swingline Loans exceeding its Overall Commitment.
(d) Where, but for the operation of paragraph (c) above, the Base Currency Amount of a Lender's ’s participation and that of a Lender which is its Affiliate in Utilisations the Revolving Facility Loans and Swingline Loans would have exceeded its Overall Commitment, the excess will be apportioned among the other Lenders participating in the relevant Utilisation Loan pro rata according to their relevant Commitments (or in the case of a Lender Affiliate, that of the Lender of which it is a Lender Affiliate)Revolving Facility Commitments. This calculation will be applied as often as necessary until the Utilisation Loan is apportioned among the relevant Lenders in a manner consistent with paragraph (c) above.
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Relationship with the Revolving Facility. (a) This Subclause Clause 6.8 applies when a Swingline Loan is outstanding or is to be borrowed.
(b) The Revolving Facility may be used by way of Swingline Loans. The Swingline Facility is Facilities are not independent of the Revolving Facility.
(c) Notwithstanding any other term of this Agreement Agreement, a Lender is only obliged to participate in a Utilisation Revolving Facility Loan or a Swingline Loan to the extent that it would not result in the aggregate Base Currency Amounts of all its participation and that of a Lender which is its Affiliate in Utilisations the Revolving Facility Loans and Swingline Loans exceeding its Overall Commitment.
(d) Where, but for the operation of paragraph (c) above, the Base Currency Amount of a Lender's ’s participation and that of a Lender which is its Affiliate in Utilisations the Revolving Facility Loans and Swingline Loans would have exceeded its Overall Commitment, the excess will be apportioned among the other Lenders participating in the relevant Utilisation Loan pro rata according to their relevant Commitments (or in the case of a Lender Affiliate, that of the Lender of which it is a Lender Affiliate)their Affiliates’) respective Revolving Facility Commitments. This calculation will be applied as often as necessary until the Utilisation Loan is apportioned among the relevant Lenders in a manner consistent with paragraph (c) above.
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Samples: Multicurrency Term and Revolving Facilities and Subscription Agreement (BHP Billiton LTD)
Relationship with the Revolving Facility. (a) This Subclause sub-clause applies when a Euro Swingline Loan is outstanding or is to be borrowed.
(b) The Revolving Facility may be used by way of Euro Swingline Loans. The Euro Swingline Facility is not independent of the Revolving Facility.
(c) Notwithstanding any other term of this Agreement a Lender is only obliged to participate in a Utilisation Loan to the extent that it would not result in the aggregate Base Currency Amounts Amount of all its participation (and that of a Lender which is its Affiliate Designated Entity) in Utilisations the Loans exceeding its Overall Commitment.
(d) Where, but for the operation of paragraph (c) above, the Base Currency Amount of a Lender's ’s participation (and that of a Lender which is its Affiliate Designated Entity) in Utilisations the Loans would have exceeded its Overall Commitment, the excess will be apportioned among the other Lenders participating in the relevant Utilisation Loan pro rata according to their relevant Commitments (or in the case of a Lender Affiliate, that of the Lender of which it is a Lender Affiliate)Commitments. This calculation will be applied as often as necessary until the Utilisation Loan is apportioned among the relevant Lenders in a manner consistent with paragraph (c) above.
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