Common use of Requests for Swing Loans Clause in Contracts

Requests for Swing Loans. The Borrower shall give Harris prior notice (which may be written or oral) no later than 12:00 Xxxn (Chicago time) on the date upon which the Borrower requests that any Swing Loan be made, of the amount and date of such Swing Loan and the Interest Period selected therefor. Within thirty (30) minutes after receiving such notice, Harris may in its discretion quote an interest rate to the Borrower xx xxxch Harris would be willing to make such Swing Loan available to the Borxxxxx for a given Interest Period (the rate so quoted for a given Interest Period being herein referred to as "Harris' Quoted Rate"). The Borrower acknowledges and agrees that the xxxxxest rate quote is given for immediate and irrevocable acceptance, and if the Borrower does not so immediately accept Harris' Quoted Rate for the full amount requested by the Borrower fox xxxx Swing Loan, the Harris' Quoted Rate shall be deemed immediately withdrawn and such Swing Loan shall bear interest at the sum of the Applicable Margin plus the Domestic Rate from time to time in effect. Subject to all of the terms and conditions hereof, the proceeds of such Swing Loan shall be made available to the Borrower on the date so requested at the offices of the Agent in Chicago, Illinois. Anything contained in this Agreement to the contrary notwithstanding, (i) Harris shall have no obligation to make Swing Loans and any Swing Loxxx xxall be subject to all of the terms and conditions of this Agreement and (ii) the Borrower shall not request more than one Swing Loan during any one day.

Requests for Swing Loans. The Borrower Company shall give Harris the Agent prior notice (which may be written or oral) no later than 12:00 Xxxn (i) 11:30 a.m. (Chicago time) on the date upon which the Borrower Company requests that any Swing Loan bearing interest at the Quoted Rate be made, and (ii) 3:00 p.m. (Chicago time) on the date upon which the Company requests that any Swing Loan that is a Base Rate Loan be made, of the amount and date of such Swing Loan Loan, and the Interest Period selected requested therefor. Within thirty (30) minutes after The Agent shall promptly advise the Swing Bank of any such notice received from the Company. After receiving such notice, Harris may the Swing Bank shall in its discretion quote an interest rate to the Borrower xx xxxch Harris Company at which the Swing Bank would be willing to make such Swing Loan available to the Borxxxxx Company for a given the Interest Period so requested (the rate so quoted for a given Interest Period being herein referred to as "Harris' “Quoted Rate"”). The Borrower Company acknowledges and agrees that the xxxxxest interest rate quote is given for immediate and irrevocable acceptance, and if . If the Borrower Company does not so immediately accept Harris' the Quoted Rate for the full amount requested by the Borrower fox xxxx Company for such Swing Loan, the Harris' Quoted Rate shall be deemed immediately withdrawn and such Swing Loan shall bear interest at a rate per annum equal to the sum lesser of the Applicable Margin plus the Domestic Rate from time to time rate set forth in effectclause (i) and (ii)(A) of Section 1.20(b) above. Subject to all of the terms and conditions hereof, the proceeds of such Swing Loan shall be made available to the Borrower Company on the date so requested at requested, by depositing such proceeds to the offices credit of the Company’s operating account maintained with the Agent in Chicago, Illinoisor as the Company may direct. Anything contained in this Agreement the foregoing to the contrary notwithstanding, (i) Harris the Swing Bank shall have no obligation to make Swing Loans and any Swing Loxxx xxall be subject to even if the Borrowers are in compliance with all of the terms and conditions of this Agreement and (ii) the Borrower shall not request more than one Swing Loan during any one dayAgreement.

Requests for Swing Loans. The Borrower shall give Harris prior Harrxx xxxor notice (which may be written or oral) no later than 12:00 Xxxn Noon (Chicago time) on the date upon which the Borrower requests that any Swing Loan be made, of the amount and date of such Swing Loan and the Interest Period selected therefor. Within thirty (30) minutes after receiving such notice, Harris may Harrxx xxxll in its discretion quote an interest rate to the Borrower xx xxxch Harris would at which Harrxx xxxld be willing to make such Swing Loan available to the Borxxxxx Borrower for a given Interest Period (the rate so quoted for a given Interest Period being herein referred to as "HarrisHarrxx' Quoted Xxoted Rate"). The Borrower acknowledges and agrees that the xxxxxest interest rate quote is given for immediate and irrevocable acceptance, and if the Borrower does not so immediately accept HarrisHarrxx' Quoted Xxoted Rate for the full amount requested by the Borrower fox xxxx for such Swing Loan, the HarrisHarrxx' Quoted Xxoted Rate shall be deemed immediately withdrawn and such Swing Loan shall bear interest at the sum of the Applicable Margin plus the Domestic Rate from time to time in effect. Subject to all of the terms and conditions hereof, the proceeds of such Swing Loan shall be made available to the Borrower on the date so requested at the offices of the Agent in Chicago, Illinois. Anything contained in this Agreement the foregoing to the contrary notwithstanding, (i) Harris shall have no the obligation to of Harrxx xx make Swing Loans and any Swing Loxxx xxall shall be subject to all of the terms and conditions of this Agreement and (ii) the Borrower shall Harrxx xxxll not request be obligated to make more than one Swing Loan during any one day.

Requests for Swing Loans. The (i) When the Borrower desires the Swing Loan Lender to make a Swing Loan, the Borrower shall give Harris prior notice (which may be written or oral) no later than 12:00 Xxxn (Chicago time) on send to the date upon which Administrative Agent and the Borrower requests that any Swing Loan Lender a written request (or telephonic notice, if thereafter promptly confirmed in writing) (a "Swing Loan Request"), which request shall set forth (x) whether such Swing Loan will be madein Dollars or a designated Alternative Currency, (y) the principal amount of the amount proposed Swing Loan, and (z) the proposed date of Borrowing of such Swing Loan. Each such Swing Loan Request must be received by the Swing Loan Lender at its London Office or at such other office as designated by the Swing Loan Lender in writing not later than 1:00 p.m. (London time) or 10:00 a.m. EST or EDT for any designated office in the United States on the proposed date of Borrowing of the Swing Loan being requested. Each Swing Loan Request shall be irrevocable and the Interest Period selected therefor. Within thirty (30) minutes after receiving such notice, Harris may in its discretion quote an interest rate to binding on the Borrower xx xxxch Harris would be willing and shall obligate the Borrower to borrow the Swing Loan from the Swing Loan Lender on the proposed date of Borrowing. Upon satisfaction of the applicable conditions set forth in this Agreement, on the proposed date of Borrowing the Swing Loan Lender shall make such the Swing Loan available to the Borxxxxx for a given Interest Period (Borrower, subject to the rate so quoted for a given Interest Period being herein referred availability of the Alternative Currency requested, by crediting the amount of the Swing Loan to the Borrower's account with the Swing Loan Lender or such account as "Harris' Quoted Rate"). The Borrower acknowledges and agrees that the xxxxxest rate quote is given for immediate and irrevocable acceptance, and if the Borrower does not so immediately accept Harris' Quoted Rate for the full amount requested may be designated by the Borrower fox xxxx Swing Loan, the Harris' Quoted Rate shall be deemed immediately withdrawn and for Dollars or such Swing Loan shall bear interest at the sum of the Applicable Margin plus the Domestic Rate from time to time in effect. Subject to all of the terms and conditions hereof, the proceeds of such Swing Loan shall be made available to the Borrower on the date so requested at the offices of the Agent in Chicago, Illinois. Anything contained in this Agreement to the contrary notwithstanding, (i) Harris shall have no obligation to make Swing Loans and any Swing Loxxx xxall be subject to all of the terms and conditions of this Agreement and (ii) the Borrower shall not request more than one Swing Loan during any one dayAlternative Currency.

Requests for Swing Loans. The Borrower shall give Harris the Swing Line Lender and the Administrative Agent prior notice (which may be written given by: (i) telephone or oral(ii) a Swing Loan Notice; provided that any telephonic notice must be confirmed immediately by delivery to the Swing Line Lender and the Administrative Agent of a Swing Loan Notice.), no later than 12:00 Xxxn (Chicago time) 2:00 p.m. on the date upon which the Borrower requests that any Swing Loan be made, of the amount and date of such Swing Loan. Promptly after receipt by the Swing Line Lender of any Swing Loan and Notice, the Interest Period selected therefor. Within thirty Swing Line Lender will confirm with the Administrative Agent (30by telephone or in writing) minutes after receiving such notice, Harris may in its discretion quote an interest rate to that the Borrower xx xxxch Harris would be willing to make Administrative Agent has also received such Swing Loan available to the Borxxxxx for a given Interest Period (the rate so quoted for a given Interest Period being herein referred to as "Harris' Quoted Rate"). The Borrower acknowledges and agrees that the xxxxxest rate quote is given for immediate and irrevocable acceptanceNotice and, and if the Borrower does not so immediately accept Harris' Quoted Rate for the full amount requested by the Borrower fox xxxx Swing Loannot, the Harris' Quoted Rate shall be deemed immediately withdrawn and such Swing Loan shall bear interest at Line Lender will notify the sum Administrative Agent (by telephone or in writing) of the Applicable Margin plus the Domestic Rate from time to time in effectcontents thereof. Subject to all of the terms and conditions hereof, the proceeds of such Swing Loan shall be made available to the Borrower on the date so requested at the offices of the Agent in Chicago, IllinoisSwing Line Lender. Anything contained in this Agreement the foregoing to the contrary notwithstanding, notwithstanding (i) Harris shall have no the obligation of the Swing Line Lender to make Swing Loans and any Swing Loxxx xxall shall be subject to all of the terms and conditions of this Agreement and (ii) the Borrower Swing Line Lender shall not request be obligated to make more than one Swing Loan during any one day. The Swing Line Lender shall not be under any obligation to make any Swing Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Swing Loan may have, Fronting Exposure.