Common use of Repayment of Swing Line Advances Clause in Contracts

Repayment of Swing Line Advances. If Borrower fails to pay any Swing Line Advances on the applicable Swing Line Advance Maturity Date, then such Advances shall no longer be Swing Line Advances, but shall continue to be Floating Rate Advances for purposes of this Agreement. Each Bank shall be deemed to have irrevocably and unconditionally purchased and received from Administrative Agent an undivided interest and participation (ratably in proportion to the ratio that such Bank's Commitment bears to the Aggregate Commitment) in such Advances. In such event, as of 11:59 p.m., Chicago time, on the Swing Line Advance Maturity Date, Administrative Agent shall notify each Bank of the total principal amount of all matured Swing Line Advances and each Bank's ratable share thereof. Upon receipt of such notice, each Bank shall promptly and unconditionally pay to Administrative Agent for the account of Bank One the amount of such Bank's share (ratably in proportion to the ratio that such Bank's Commitment bears to the Aggregate Commitment) of such payment in same day funds, and Administrative Agent shall promptly pay such amount, and any other amounts received by Administrative Agent for Bank One's account pursuant to this Section 2.19(d), to Bank One. If Administrative Agent so notifies such Bank prior to 10:00 a.m., Chicago time, on any Business Day, such Bank shall make available to Administrative Agent for the account of Bank One such Bank's share of the amount of such payment on such Business Day in same day funds. If Administrative Agent notifies such Bank after 10:00 a.m., Chicago time, on any Business Day, such Bank shall make available to Administrative Agent for the account of Bank One such Bank's share of the amount of such payment on the next succeeding Business Day in same day funds. If and to the extent such Bank shall not have so made its share of the amount of such payment available to Administrative Agent for the account of Bank One, such Bank agrees to pay to Administrative Agent for the account of Bank One forthwith on demand such amount, together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to Administrative Agent for the account of Bank One, at the Federal Funds Effective Rate. The failure of any Bank to make available to Administrative Agent for the account of Bank One such Bank's share of any such payment shall not relieve any other Bank of its obligation hereunder to make available to Administrative Agent for the account of Bank One its share of any payment on the date such payment is to be made.

Repayment of Swing Line Advances. If Borrower fails to pay any Swing Line Advances on the applicable Swing Line Advance Maturity Date, then such Advances shall no longer be Swing Line Advances, but shall continue to be Floating Rate Advances for purposes of this Agreement. Each Bank Lender shall be deemed to have irrevocably and unconditionally purchased and received from Administrative Agent Swing Line Lender an undivided interest and participation (ratably in proportion to the ratio that such BankLender's Commitment bears to the Aggregate Commitment) in such Advances. In such event, as of 11:59 p.m., Chicago time, on the Swing Line Advance Maturity Date, Administrative Agent shall notify each Bank Lender of the total principal amount of all matured Swing Line Advances and each BankLender's ratable share thereof. Upon receipt of such notice, each Bank Lender shall promptly and unconditionally pay to Administrative Agent for the account of Bank One Swing Line Lender the amount of such BankLender's share (ratably in proportion to the ratio that such BankLender's Commitment bears to the Aggregate Commitment) of such payment in same day funds, and Administrative Agent shall promptly pay such amount, and any other amounts received by Administrative Agent for Bank OneSwing Line Lender's account pursuant to this Section 2.19(d), to Bank OneSwing Line Lender. If Administrative Agent so notifies such Bank Lender prior to 10:00 a.m., Chicago time, on any Business Day, such Bank Lender shall make available to Administrative Agent for the account of Bank One Swing Line Lender, such BankLender's share of the amount of such payment on such Business Day in same day funds. If Administrative Agent notifies such Bank Lender after 10:00 a.m., Chicago time, on any Business Day, such Bank Lender shall make available to Administrative Agent for the account of Bank One Swing Line Lender such BankLender's share of the amount of such payment on the next succeeding Business Day in same day funds. If and to the extent such Bank Lender shall not have so made its share of the amount of such payment available to Administrative Agent for the account of Bank OneSwing Line Lender, such Bank Lender agrees to pay to Administrative Agent for the account of Bank One Swing Line Lender forthwith on demand such amount, together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to Administrative Agent for the account of Bank OneSwing Line Lender, at the Federal Funds Effective Rate. The failure of any Bank Lender to make available to Administrative Agent for the account of Bank One Swing Line Lender such BankLender's share of any such payment shall not relieve any other Bank Lender of its obligation hereunder to make available to Administrative Agent for the account of Bank One Swing Line Lender its share of any payment on the date such payment is to be made.

Repayment of Swing Line Advances. If Borrower fails to pay any Swing Line Advances on the applicable Swing Line Advance Maturity Date, then such Advances shall no longer be Swing Line Advances, but shall continue to be Floating Rate ABR Advances for purposes of this Agreement. Each Bank Lender shall be deemed to have irrevocably and unconditionally purchased and received from Administrative Agent Swing Line Lender an undivided interest and participation (ratably in proportion to the ratio that such Bank's Lender’s Commitment bears to the Aggregate Commitment) in such Advances. In such event, as of 11:59 p.m., Chicago New York time, on the Swing Line Advance Maturity Date, Administrative Agent shall notify each Bank Lender of the total principal amount of all matured Swing Line Advances and each Bank's Lender’s ratable share thereof. Upon receipt of such notice, each Bank Lender shall promptly and unconditionally pay to Administrative Agent for the account of Bank One Swing Line Lender the amount of such Bank's Lender’s share (ratably in proportion to the ratio that such Bank's Lender’s Commitment bears to the Aggregate Commitment) of such payment in same day funds, and Administrative Agent shall promptly pay such amount, and any other amounts received by Administrative Agent for Bank One's Swing Line Lender’s account pursuant to this Section 2.19(d), to Bank OneSwing Line Lender. If Administrative Agent so notifies such Bank Lender prior to 10:00 11:00 a.m., Chicago New York time, on any Business Day, such Bank Lender shall make available to Administrative Agent for the account of Bank One Swing Line Lender, such Bank's Lender’s share of the amount of such payment on such Business Day in same day funds. If Administrative Agent notifies such Bank Lender after 10:00 11:00 a.m., Chicago New York time, on any Business Day, such Bank Lender shall make available to Administrative Agent for the account of Bank One Swing Line Lender such Bank's Lender’s share of the amount of such payment on the next succeeding Business Day in same day funds. If and to the extent such Bank Lender shall not have so made its share of the amount of such payment available to Administrative Agent for the account of Bank OneSwing Line Lender, such Bank Lender agrees to pay to Administrative Agent for the account of Bank One Swing Line Lender forthwith on demand such amount, together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to Administrative Agent for the account of Bank OneSwing Line Lender, at the Federal Funds Effective Rate. The failure of any Bank Lender to make available to Administrative Agent for the account of Bank One Swing Line Lender such Bank's Lender’s share of any such payment shall not relieve any other Bank Lender of its obligation hereunder to make available to Administrative Agent for the account of Bank One Swing Line Lender its share of any payment on the date such payment is to be made.

Repayment of Swing Line Advances. If Borrower fails to pay any Swing Line Advances on the applicable Swing Line Advance Maturity Date, then such Advances shall no longer be Swing Line Advances, but shall continue to be Floating Rate Advances for purposes of this Agreement. Each Bank shall be deemed to have irrevocably and unconditionally purchased and received from Administrative Agent an undivided interest and participation (ratably in proportion to the ratio that such Bank's Commitment bears to the Aggregate Commitment) in such Advances. In such event, as of 11:59 p.m., Chicago West Palm Beach, Florida time, on the Swing Line Advance Maturity Date, Administrative Agent shall notify each Bank of the total principal amount of all matured Swing Line Advances and each Bank's ratable share thereof. Upon receipt of such noticenotice (whether or not delinquent), each Bank shall promptly and unconditionally pay to Administrative Agent for the account of Bank One SunTrust the amount of such Bank's share (ratably in proportion to the ratio that such Bank's Commitment bears to the Aggregate Commitment) of such payment in same day funds, and Administrative Agent shall promptly pay such amount, and any other amounts received by Administrative Agent for Bank OneSunTrust's account pursuant to this Section 2.19(d), to Bank OneSunTrust, in accordance with the payment provisions of Section 2.13. If Administrative Agent so notifies such Bank prior to 10:00 11:00 a.m., Chicago West Palm Beach, Florida time, on any Business Day, such Bank shall make available to Administrative Agent for the account of Bank One SunTrust such Bank's share of the amount of such payment on such Business Day in same day funds. If Administrative Agent notifies such Bank after 10:00 11:00 a.m., Chicago West Palm Beach, Florida time, on any Business Day, such Bank shall make available to Administrative Agent for the account of Bank One SunTrust such Bank's share of the amount of such payment on the next succeeding Business Day in same day funds. If and to the extent such Bank shall not have so made its share of the amount of such payment available to Administrative Agent for the account of Bank OneSunTrust, such Bank agrees to pay to Administrative Agent for the account of Bank One SunTrust forthwith on demand such amount, together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to Administrative Agent for the account of Bank OneSunTrust, at the Federal Funds Effective Rate. The failure of any Bank to make available to Administrative Agent for the account of Bank One SunTrust such Bank's share of any such payment shall not relieve any other Bank of its obligation hereunder to make available to Administrative Agent for the account of Bank One SunTrust its share of any payment on the date such payment is to be made.