Common use of Requests for Swing Line Loans Clause in Contracts

Requests for Swing Line Loans. (a) Each request by a Borrower for a Swing Line Loan under Section 3.01 hereof (each a "REQUEST FOR SWING LINE LOAN") shall be made by notice to the Swing Line Lender from the Borrower Agent for such Borrower not later than 4:00 p.m. (Boston time) on the Banking Day of the proposed borrowing. Each Request for Swing Line Loan shall be in writing in the form of EXHIBIT B hereto, or made by telephonic communication confirmed not later than 4:00 p.m. (Boston time) the same day by telecopy or other facsimile transmission in the form of EXHIBIT B. The Swing Line Lender may rely upon any telephonic Request for Swing Line Loan which it reasonably believes is made by a Borrower Agent; PROVIDED that the Swing Line Lender shall not advance any Swing Line Loan unless the Swing Line Lender shall have received confirmation of such telephonic Request for Swing Line Loan in the manner set forth above. Each Borrower severally agrees to indemnify and hold the Swing Line Lender harmless for any reasonable action taken, including, without limitation, the making of Swing Line Loans hereunder to such Borrower, or loss or expense incurred, by the Swing Line Lender in good faith reliance upon such telephonic Request for Swing Line Loan; PROVIDED that no Borrower shall be liable for any such action, loss or expense to the extent that the same shall result from the gross negligence or willful misconduct of the Swing Line Lender. At the time of the initial Request for Swing Line Loan made under this Section 3.03(a), each Borrower shall have provided the Swing Line Lender with an Officer's Certificate as required by Section 6.01(e). Each Borrower hereby agrees that (i) the Swing Line Lender shall be entitled to rely upon the Officer's Certificate in its possession until it is superseded by a more recent Officer's Certificate, and (ii) each Request for Swing Line Loan submitted by a Borrower shall (A) obligate such Borrower to borrow the principal amount of the Swing Line Loan requested thereby, and (B) constitute a representation and warranty by such Borrower to the Swing Line Lender that (1) the Swing Line Loan requested thereby is permitted under such Borrower's most recent Prospectus, (2) will not, when made, cause the aggregate Indebtedness of such Borrower in respect of Loans to exceed such Borrower's Borrowing Base, (3) will not, when made, cause the aggregate Indebtedness of the Borrowers to the Swing Line Lender in respect of Swing Line Loans to exceed the Swing Line Amount, (4) will not, when made, cause the aggregate Indebtedness of the Borrowers to State Xxxxxx Xxxx in respect of Committed Credit Loans and Swing Line Loans to exceed State Street Bank's Commitment, (5) will not, when made, cause the aggregate Indebtedness of the Borrowers to the Banks in respect of Loans to exceed the Maximum Credit Amount, and (6) will be used by the Borrower only in accordance with the provisions of Section 4.08 hereof.

Requests for Swing Line Loans. The Company (a) Each request by a Borrower for a Swing Line Loan under which is acting on behalf of the Borrowers pursuant to Section 3.01 hereof (each a "REQUEST FOR SWING LINE LOAN"1.7 hereof) shall give Harrxx Xxxk prior notice (which may be made by notice to the Swing Line Lender from the Borrower Agent for such Borrower not written or oral) no later than 4:00 p.m. 12:00 Noon (Boston Chicago time) on the Banking Day date upon which any Swing Line Loan is to be made, specifying in each case the Borrower to which the proceeds of such Loan are to be made, the proposed borrowingamount and date of such Swing Line Loan and the Interest Period selected therefor. Each Request Within thirty (30) minutes after receiving such notice, Harrxx Xxxk shall quote an interest rate determined in its discretion to the Company at which Harrxx Xxxk would be willing to make such Swing Line Loan available to the relevant Borrower for such Interest Period (the rate so quoted for a given Interest Period being herein referred to as "Harrxx Xxxk's Quoted Rate"). The Borrowers acknowledge and agree that Harrxx Xxxk's Quoted Rate is given to the Company for immediate and irrevocable acceptance, and if the Company does not so immediately accept Harrxx Xxxxx Xxxted Rate for the full amount requested by the Company for such Swing Line Loan, Harrxx Xxxxx Xxxted Rate shall be deemed immediately withdrawn and such Swing Line Loan shall be in writing in made at the form Domestic Rate. Subject to all of EXHIBIT B heretothe terms and conditions hereof, or made by telephonic communication confirmed not later than 4:00 p.m. (Boston time) the same day by telecopy or other facsimile transmission in the form proceeds of EXHIBIT B. The Swing Line Lender may rely upon any telephonic Request for such Swing Line Loan which it reasonably believes is shall be made by a available to the relevant Borrower Agent; PROVIDED that on the Swing Line Lender shall not advance any Swing Line Loan unless date so requested at the Swing Line Lender shall have received confirmation offices of such telephonic Request for Swing Line Loan the Agent in Chicago, Illinois. Anything contained in the manner set forth above. Each Borrower severally agrees to indemnify and hold the Swing Line Lender harmless for any reasonable action taken, including, without limitation, the making of Swing Line Loans hereunder to such Borrower, or loss or expense incurred, by the Swing Line Lender in good faith reliance upon such telephonic Request for Swing Line Loan; PROVIDED that no Borrower shall be liable for any such action, loss or expense foregoing to the extent that the same shall result from the gross negligence or willful misconduct of the Swing Line Lender. At the time of the initial Request for Swing Line Loan made under this Section 3.03(a), each Borrower shall have provided the Swing Line Lender with an Officer's Certificate as required by Section 6.01(e). Each Borrower hereby agrees that contrary notwithstanding (i) the obligation of Harrxx Xxxk to make Swing Line Lender Loans shall be entitled subject to rely upon all of the Officer's Certificate in its possession until it is superseded by a more recent Officer's Certificate, terms and conditions of this Agreement and (ii) each Request for Harrxx Xxxk shall not be obligated to make more than one Swing Line Loan submitted by a Borrower shall (A) obligate such Borrower to borrow the principal amount of the Swing Line Loan requested thereby, and (B) constitute a representation and warranty by such Borrower to the Swing Line Lender that (1) the Swing Line Loan requested thereby is permitted under such Borrower's most recent Prospectus, (2) will not, when made, cause the aggregate Indebtedness of such Borrower in respect of Loans to exceed such Borrower's Borrowing Base, (3) will not, when made, cause the aggregate Indebtedness of the Borrowers to the Swing Line Lender in respect of Swing Line Loans to exceed the Swing Line Amount, (4) will not, when made, cause the aggregate Indebtedness of the Borrowers to State Xxxxxx Xxxx in respect of Committed Credit Loans and Swing Line Loans to exceed State Street Bank's Commitment, (5) will not, when made, cause the aggregate Indebtedness of the Borrowers to the Banks in respect of Loans to exceed the Maximum Credit Amount, and (6) will be used by the Borrower only in accordance with the provisions of Section 4.08 hereofduring any one day.

Requests for Swing Line Loans. The Company (a) Each request by a Borrower for a Swing Line Loan under which is acting on behalf of the Borrowers pursuant to Section 3.01 hereof (each a "REQUEST FOR SWING LINE LOAN"1.5 hereof) shall give Harrxx Xxxk prior notice (which may be made by notice to the Swing Line Lender from the Borrower Agent for such Borrower not written or oral) no later than 4:00 p.m. 12:00 Noon (Boston Chicago time) on the Banking Day date upon which any Swing Line Loan is to be made, specifying in each case the Borrower to which the proceeds of such Loan are to be made, the proposed borrowingamount and date of such Swing Line Loan and the Interest Period selected therefor. Each Request Within thirty (30) minutes after receiving such notice, Harrxx Xxxk shall quote an interest rate determined in its discretion to the Company at which Harrxx Xxxk would be willing to make such Swing Line Loan available to the relevant Borrower for such Interest Period (the rate so quoted for a given Interest Period being herein referred to as "Harrxx Bank's Quoted Rate"). The Borrowers acknowledge and agree that Harrxx Xxxk's Quoted Rate is given to the Company for immediate and irrevocable acceptance, and if the Company does not so immediately accept Harrxx Xxxk's Quoted Rate for the full amount requested by the Company for such Swing Line Loan, Harrxx Xxxk's Quoted Rate shall be deemed immediately withdrawn and such Swing Line Loan shall be in writing in made at the form Domestic Rate. Subject to all of EXHIBIT B heretothe terms and conditions hereof, or made by telephonic communication confirmed not later than 4:00 p.m. (Boston time) the same day by telecopy or other facsimile transmission in the form proceeds of EXHIBIT B. The Swing Line Lender may rely upon any telephonic Request for such Swing Line Loan which it reasonably believes is shall be made by a available to the relevant Borrower Agent; PROVIDED that on the Swing Line Lender shall not advance any Swing Line Loan unless date so requested at the Swing Line Lender shall have received confirmation offices of such telephonic Request for Swing Line Loan the Agent in Chicago, Illinois. Anything contained in the manner set forth above. Each Borrower severally agrees to indemnify and hold the Swing Line Lender harmless for any reasonable action taken, including, without limitation, the making of Swing Line Loans hereunder to such Borrower, or loss or expense incurred, by the Swing Line Lender in good faith reliance upon such telephonic Request for Swing Line Loan; PROVIDED that no Borrower shall be liable for any such action, loss or expense foregoing to the extent that the same shall result from the gross negligence or willful misconduct of the Swing Line Lender. At the time of the initial Request for Swing Line Loan made under this Section 3.03(a), each Borrower shall have provided the Swing Line Lender with an Officer's Certificate as required by Section 6.01(e). Each Borrower hereby agrees that contrary notwithstanding (i) the obligation of Harrxx Xxxk to make Swing Line Lender Loans shall be entitled subject to rely upon all of the Officer's Certificate in its possession until it is superseded by a more recent Officer's Certificate, terms and conditions of this Agreement and (ii) each Request for Harrxx Xxxk shall not be obligated to make more than one Swing Line Loan submitted by a Borrower shall (A) obligate such Borrower to borrow the principal amount of the Swing Line Loan requested thereby, and (B) constitute a representation and warranty by such Borrower to the Swing Line Lender that (1) the Swing Line Loan requested thereby is permitted under such Borrower's most recent Prospectus, (2) will not, when made, cause the aggregate Indebtedness of such Borrower in respect of Loans to exceed such Borrower's Borrowing Base, (3) will not, when made, cause the aggregate Indebtedness of the Borrowers to the Swing Line Lender in respect of Swing Line Loans to exceed the Swing Line Amount, (4) will not, when made, cause the aggregate Indebtedness of the Borrowers to State Xxxxxx Xxxx in respect of Committed Credit Loans and Swing Line Loans to exceed State Street Bank's Commitment, (5) will not, when made, cause the aggregate Indebtedness of the Borrowers to the Banks in respect of Loans to exceed the Maximum Credit Amount, and (6) will be used by the Borrower only in accordance with the provisions of Section 4.08 hereofduring any one day.