Common use of Repayment of Swing Loans Clause in Contracts

Repayment of Swing Loans. The Borrower shall repay the outstanding Swing Loans owing to the Swing Loan Lender (i) upon demand by the Swing Loan Lender and (ii) on the Revolving Loan Commitment Termination Date. In the event that the Borrower fails to repay any Swing Loans, together with interest thereon, as set forth in the first sentence of this paragraph, then, upon the request of the Swing Loan Lender, each Lender shall make Revolving Loans to the Borrower (irrespective of the satisfaction of the conditions in Section 5.02 or the requirement to deliver a Notice of Borrowing in Section 2.01(b), which conditions and requirement such Lenders irrevocably waive) in an amount equal to such Lender’s Pro Rata Share of the aggregate amount of the Swing Loans then outstanding (net of that portion of such Swing Loan, if any, owing to such Lender in its capacity as a Swing Loan Lender) after giving effect to any prepayments and repayments made by the Borrower, and the Borrower hereby authorizes the Administrative Agent to apply the proceeds of such Revolving Loans to the repayment of such Swing Loans. To the extent the Administrative Agent receives any amounts in prepayment or repayment of outstanding Revolving Loans prior to such request, the Administrative Agent shall apply such amounts when received to the repayment of the Swing Loans then outstanding. The failure of any Lender to make available to the Administrative Agent its Pro Rata Share of such Revolving Loans shall not relieve any other Lender of its obligation hereunder to make available to the Administrative Agent such other Lender’s Pro Rata Share of such Revolving Loans on the date of such request.

Repayment of Swing Loans. The Borrower shall repay the outstanding Swing Loans owing to the Swing Loan Lender Bank (i) upon demand by the Swing Loan Lender Bank and (ii) ), in any event, on the Revolving Loan Commitment Credit Termination Date. In the event that the a Borrower fails to repay any Swing Loans, together with interest thereon, as set forth in the first sentence of this paragraph, then, upon the request of the Swing Loan LenderBank (x) the Administrative Agent may withdraw available funds on deposit in the Concentration Account pursuant to Section 3.2(b)(iii) sufficient to repay such Swing Loan, together with interest thereon or (y) each Revolving Credit Lender shall make Revolving Loans to the such Borrower (irrespective of the satisfaction of the conditions in Section 5.02 5.2 or the requirement to deliver a Notice of Borrowing in Section 2.01(b2.5(b), which conditions and requirement such Lenders irrevocably waive) in an amount equal to such Lender’s Pro Rata Share of the aggregate amount of the Swing Loans then outstanding (net of that portion of such Swing Loan, if any, owing to such Lender in its capacity as a Swing Loan LenderBank) after giving effect to any prepayments and repayments made by the such Borrower, and the such Borrower hereby authorizes the Administrative Agent to apply the proceeds of such Revolving Loans to the repayment of such Swing Loans. To the extent the Administrative Agent receives any amounts in prepayment or repayment of outstanding Revolving Loans prior to such request, the Administrative Agent shall apply such amounts when received to the repayment of the Swing Loans then outstanding. The failure of any Lender to make available to the Administrative Agent its Pro Rata Share of such Revolving Loans shall not relieve any other Lender of its obligation hereunder to make available to the Administrative Agent such other Lender’s Pro Rata Share of such Revolving Loans on the date of such request.

Repayment of Swing Loans. The Borrower shall repay the ------------------------ outstanding Swing Loans owing to the Swing Loan Lender Bank (i) upon demand by the Swing Loan Lender Bank and (ii) ), in any event, on the Revolving Loan Commitment Credit Termination Date. In the event that the a Borrower fails to repay any Swing Loans, together with interest thereon, as set forth in the first sentence of this paragraph, then, upon the request of the Swing Loan LenderBank (x) the Administrative Agent may withdraw available funds on deposit in the Concentration Account pursuant to Section 3.02(b)(iii) sufficient to repay such Swing Loan, together with interest -------------------- thereon, or (y) each Revolving Credit Lender shall make Revolving Loans to the such Borrower (irrespective of the satisfaction of the conditions in Section 5.02 or ------------ the requirement to deliver a Notice of Borrowing in Section 2.01(b2.05(b), which --------------- conditions and requirement such Lenders irrevocably waive) in an amount equal to such Lender’s 's Pro Rata Share of the aggregate amount of the Swing Loans then outstanding (net of that portion of such Swing Loan, if any, owing to such Lender in its capacity as a Swing Loan LenderBank) after giving effect to any prepayments and repayments made by the such Borrower, and the such Borrower hereby authorizes the Administrative Agent to apply the proceeds of such Revolving Loans to the repayment of such Swing Loans. To the extent the Administrative Agent receives any amounts in prepayment or repayment of outstanding Revolving Loans prior to such request, the Administrative Agent shall apply such amounts when received to the repayment of the Swing Loans then outstanding. The failure of any Lender to make available to the Administrative Agent its Pro Rata Share of such Revolving Loans shall not relieve any other Lender of its obligation hereunder to make available to the Administrative Agent such other Lender’s Pro Rata Share of such Revolving Loans on the date of such request.

Repayment of Swing Loans. The Borrower shall repay the ------------------------ outstanding Swing Loans owing to the Swing Loan Lender Bank (i) upon demand by the Swing Loan Lender Bank and (ii) ), in any event, on the Revolving Loan Commitment Credit Termination Date. In the event that the a Borrower fails to repay any Swing Loans, together with interest thereon, as set forth in the first sentence of this paragraph, then, upon the request of the Swing Loan LenderBank (x) the Administrative Agent may withdraw available funds on deposit in the Concentration Account pursuant to Section 3.02(b)(iii) sufficient to repay such Swing Loan, together with interest -------------------- thereon, or (y) each Revolving Credit Lender shall make Revolving Loans to the such Borrower (irrespective of the satisfaction of the conditions in Section 5.02 5.03 or ------------ the requirement to deliver a Notice of Borrowing in Section 2.01(b2.05(b), which --------------- conditions and requirement such Lenders irrevocably waive) in an amount equal to such Lender’s 's Pro Rata Share of the aggregate amount of the Swing Loans then outstanding (net of that portion of such Swing Loan, if any, owing to such Lender in its capacity as a Swing Loan LenderBank) after giving effect to any prepayments and repayments made by the such Borrower, and the such Borrower hereby authorizes the Administrative Agent to apply the proceeds of such Revolving Loans to the repayment of such Swing Loans. To the extent the Administrative Agent receives any amounts in prepayment or repayment of outstanding Revolving Loans prior to such request, the Administrative Agent shall apply such amounts when received to the repayment of the Swing Loans then outstanding. The failure of any Lender to make available to the Administrative Agent its Pro Rata Share of such Revolving Loans shall not relieve any other Lender of its obligation hereunder to make available to the Administrative Agent such other Lender’s Pro Rata Share of such Revolving Loans on the date of such request.

Repayment of Swing Loans. The Borrower Borrowers shall repay the outstanding Swing Loans owing to the Swing Loan Lender (i) in accordance with Section 3.01(b)(ii), on a daily basis, to the extent funds are on deposit in the Concentration Account, (ii) upon demand by the Swing Loan Lender and (iiiii) on the Revolving Loan Commitment Termination Date. In connection with the repayment of Swing Loans set forth in the preceding clause (i), the Borrowers hereby irrevocably authorize the Administrative Agent to apply the withdrawn funds in accordance therewith. In the event that the Borrower fails Borrowers fail to repay any Swing Loans, together with interest thereon, as set forth in clauses (i), (ii) and (iii) of the first sentence of this paragraph, then, upon the request of the Swing Loan Lender, each Lender shall make Revolving Loans to the Borrower Borrowers (irrespective of the satisfaction of the conditions in Section 5.02 or the requirement to deliver a Notice of Borrowing in Section 2.01(b), which conditions and requirement such Lenders irrevocably waive) in an amount equal to such Lender’s 's Pro Rata Share of the aggregate amount of the Swing Loans then outstanding (net of that portion of such Swing Loan, if any, owing to such Lender in its capacity as a Swing Loan Lender) after giving effect to any prepayments and repayments made by the BorrowerBorrowers, and the Borrower Borrowers hereby authorizes authorize the Administrative Agent to apply the proceeds of such Revolving Loans to the repayment of such Swing Loans. To the extent the Administrative Agent receives any amounts in prepayment or repayment of outstanding Revolving Loans prior to such request, the Administrative Agent shall apply such amounts when received to the repayment of the Swing Loans then outstanding. The failure of any Lender to make available to the Administrative Agent its Pro Rata Share of such Revolving Loans shall not relieve such Lender or any other Lender of its obligation hereunder to make available to the Administrative Agent such other Lender’s 's Pro Rata Share of such Revolving Loans on the date of such request. The Administrative Agent shall settle with the Lenders in respect of Swing Loans at least weekly.

Repayment of Swing Loans. The Borrower Borrowers shall repay the outstanding Swing Loans owing to the Swing Loan Lender (i) in accordance with Section 3.01(b)(ii), on a daily basis, to the extent funds are on deposit in the Concentration Account, (ii) upon demand by the Swing Loan Lender and (iiiii) on the Revolving Loan Commitment Termination Date. In connection with the repayment of Swing Loans set forth in the preceding clause (i), the Borrowers hereby irrevocably authorize the Administrative Agent to apply the withdrawn funds in accordance therewith. In the event that the Borrower fails Borrowers fail to repay any Swing Loans, together with interest thereon, as set forth in clauses (i), (ii) and (iii) of the first sentence of this paragraph, then, upon the request of the Swing Loan Lender, each Lender shall make Revolving Loans to the Borrower Borrowers (irrespective of the satisfaction of the conditions in Section 5.02 or the requirement to deliver a Notice of Borrowing in Section 2.01(b), which conditions and requirement such Revolving Lenders irrevocably waive) in an amount equal to such Lender’s 's Pro Rata Share of the aggregate amount of the Swing Loans then outstanding (net of that portion of such Swing Loan, if any, owing to such Lender in its capacity as a Swing Loan Lender) after giving effect to any prepayments and repayments made by the BorrowerBorrowers, and the Borrower Borrowers hereby authorizes authorize the Administrative Agent to apply the proceeds of such Revolving Loans to the repayment of such Swing Loans. To the extent the Administrative Agent receives any amounts in prepayment or repayment of outstanding Revolving Loans prior to such request, the Administrative Agent shall apply such amounts when received to the repayment of the Swing Loans then outstanding. The failure of any Revolving Lender to make available to the Administrative Agent its Pro Rata Share of such Revolving Loans shall not relieve such Revolving Lender or any other Revolving Lender of its obligation hereunder to make available to the Administrative Agent such other Lender’s 's Pro Rata Share of such Revolving Loans on the date of such request. The Administrative Agent shall settle with the Revolving Lenders in respect of Swing Loans at least weekly.

Repayment of Swing Loans. The Borrower Company shall repay the outstanding Swing Loans owing to the Swing Loan Lender Bank (i) upon demand by the Swing Loan Lender Bank or, if no such demand is made, within seven (7) Business Days after the Borrowing thereof and (ii) in any event, on the Revolving Loan Commitment Credit Termination Date. In the event that the Borrower Company fails to repay any Swing Loans, together with interest thereon, as set forth in the first sentence of this paragraph, then, upon the request of the Swing Loan LenderBank, each Lender shall make Revolving Loans to the Borrower Company (irrespective of the satisfaction of the conditions in Section 5.02 or the requirement to deliver a Notice of Borrowing in Section 2.01(b2.02(b), which conditions and requirement such Lenders irrevocably waive) in an amount equal to such Lender’s 's Pro Rata Share of the aggregate amount of the Swing Loans then outstanding (net of that portion of such Swing Loan, if any, owing to such Lender in its capacity as a Swing Loan LenderBank) after giving effect to any prepayments and repayments made by the BorrowerCompany, and the Borrower Company hereby authorizes the Administrative Agent to apply the proceeds of such Revolving Loans to the repayment of such Swing Loans. To the extent the Administrative Agent receives any amounts in prepayment or repayment of outstanding Revolving Loans prior to such request, the Administrative Agent shall apply such amounts when received to the repayment of the Swing Loans then outstanding. The failure of any Lender to make available to the Administrative Agent its Pro Rata Share of such Revolving Loans shall not relieve any other Lender of its obligation hereunder to make available to the Administrative Agent such other Lender’s 's Pro Rata Share of such Revolving Loans on the date of such request.. No Lender shall be responsible for any failure by any other Lender to perform its obligations to make such Revolving

Repayment of Swing Loans. The Borrower shall repay the outstanding Swing Loans owing to the Swing Loan Lender (i) upon demand by the Swing Loan Lender and (ii) on the Revolving Loan Commitment Termination Date. In the event that the Borrower fails to repay any Swing Loans, together with interest thereon, as set forth in the first sentence of this paragraph, then, upon the request of the Swing Loan Lender, each Revolving Loan Lender shall make Revolving Loans to the Borrower (irrespective of the satisfaction of the conditions in Section 5.02 or the requirement to deliver a Notice of Borrowing in Section 2.01(b), which conditions and requirement such Revolving Loan Lenders irrevocably waive) in an amount equal to such Revolving Loan Lender’s 's Pro Rata Share of the aggregate amount of the Swing Loans then outstanding (net of that portion of such Swing Loan, if any, owing to such Revolving Loan Lender in its capacity as a Swing Loan Lender) after giving effect to any prepayments and repayments made by the Borrower, and the Borrower hereby authorizes the Administrative Agent to apply the proceeds of such Revolving Loans to the repayment of such Swing Loans. To the extent the Administrative Agent receives any amounts in prepayment or repayment of outstanding Revolving Loans prior to such request, the Administrative Agent shall apply such amounts when received to the repayment of the Swing Loans then outstanding. The failure of any Revolving Loan Lender to make available to the Administrative Agent its Pro Rata Share of such Revolving Loans shall not relieve any other Revolving Loan Lender of its obligation hereunder to make available to the Administrative Agent such other Revolving Loan Lender’s 's Pro Rata Share of such Revolving Loans on the date of such request.

Repayment of Swing Loans. The Borrower Company shall repay the outstanding Swing Loans owing to the Swing Loan Lender Bank (i) upon demand by the Swing Loan Lender Bank or, if no such demand is made, within seven (7) Business Days after the Borrowing thereof and (ii) in any event, on the Revolving Loan Commitment Credit Termination Date. In the event that the Borrower Company fails to repay any Swing Loans, together with interest thereon, as set forth in the first sentence of this paragraph, then, upon the request of the Swing Loan LenderBank, each Revolving Credit Lender shall make Revolving Loans to the Borrower Company (irrespective of the satisfaction of the conditions in Section 5.02 or the requirement to deliver a Notice of Borrowing in Section 2.01(b2.02(b), which conditions and requirement such Lenders irrevocably waive) in an amount equal to such Lender’s 's Pro Rata Share of the aggregate amount of the Swing Loans then outstanding (net of that portion of such Swing Loan, if any, owing to such Lender in its capacity as a Swing Loan LenderBank) after giving effect to any prepayments and repayments made by the BorrowerCompany, and the Borrower Company hereby authorizes the Administrative Agent to apply the proceeds of such Revolving Loans to the repayment of such Swing Loans. To the extent the Administrative Agent receives any amounts in prepayment or repayment of outstanding Revolving Loans prior to such request, the Administrative Agent shall apply such amounts when received to the repayment of the Swing Loans then outstanding. The failure of any Revolving Credit Lender to make available to the Administrative Agent its Pro Rata Share of such Revolving Loans shall not relieve any other Revolving Credit Lender of its obligation hereunder to make available to the Administrative Agent such other Lender’s 's Pro Rata Share of such Revolving Loans on the date of such request. No Revolving Credit Lender shall be responsible for any failure by any other Revolving Credit Lender to perform its obligations to make such Revolving Loans hereunder nor shall the Revolving Credit Commitment of any Revolving Credit Lender be increased or decreased as a result of such failure.

Repayment of Swing Loans. The Borrower shall repay the outstanding Swing Loans owing to the Swing Loan Lender (i) upon demand by the Swing Loan Lender and (ii) on the Revolving Loan Commitment Termination Date. In the event that the Borrower fails to repay any Swing Loans, together with interest thereon, as set forth in the first sentence of this paragraphSection 2.03(d), then, upon the request of the Swing Loan Lender, each Revolving Loan Lender shall make Revolving Loans to the Borrower (irrespective of the satisfaction of the conditions in Section 5.02 or the requirement to deliver a Notice of Borrowing in Section 2.01(b), which conditions and requirement such Revolving Loan Lenders irrevocably waive) in an amount equal to such Revolving Loan Lender’s 's Pro Rata Share of the aggregate amount of the Swing Loans then outstanding (net of that portion of such Swing Loan, if any, owing to such Revolving Loan Lender in its capacity as a Swing Loan Lender) after giving effect to any prepayments and repayments made by the Borrower, and the Borrower hereby authorizes the Administrative Agent to apply the proceeds of such Revolving Loans to the repayment of such Swing Loans. To the extent the Administrative Agent receives any amounts in prepayment or repayment of outstanding Revolving Loans prior to such request, the Administrative Agent shall apply such amounts when received to the repayment of the Swing Loans then outstanding. The failure of any Revolving Loan Lender to make available to the Administrative Agent its Pro Rata Share of such Revolving Loans shall not relieve any other Revolving Loan Lender of its obligation hereunder to make available to the Administrative Agent such other Revolving Loan Lender’s 's Pro Rata Share of such Revolving Loans on the date of such request.