Swing Line Borrowings. The Borrower shall request a Swing Line Loan by written notice substantially in the form of Exhibit A-4 hereto (a “Swing Line Loan Request”) to the Swing Line Lender and the Administrative Agent not later than 11:00 A.M. on the Business Day of the requested Swing Line Loan. Each such notice shall be irrevocable and shall specify (i) that a Swing Line Loan is requested, (ii) the date of the requested Swing Line Loan (which shall be a Business Day) and (iii) the principal amount of the Swing Line Loan requested. Each Swing Line Loan shall be made as a Base Rate Loan and, subject to Section 2.01(c)(ii), shall have such maturity date as agreed to by the Swing Line Lender and the Borrower upon receipt by the Swing Line Lender of the Swing Line Loan Request from the Borrower.
Swing Line Borrowings. The Companies shall have the right to borrow and reborrow under the Swing Line:
(a) only if the Swing Line Borrowing fully qualifies in all respects for funding as an ordinary Borrowing under this Agreement;
(b) provided that no Default has occurred that has not been cured before it has become an Event of Default, and no Event of Default has occurred that the Agent has not declared in writing to have been waived or cured;
(c) so long as the Swing Line Limit is not exceeded;
(d) provided that the Request for Borrowing against which the Swing Line Borrowing is to be funded is received by JPMorgan by no later than 3:00 PM Houston time (4:00 PM if it requests only a Wet Warehousing Advance and is Electronically Submitted) on the Business Day such Borrowing is to be funded; and
(e) provided that neither Company nor JPMorgan is aware of any reason why the Borrowing requested by the Request for Borrowing against which the Swing Line Borrowing is to be funded cannot or will not be fully funded by the Lenders on the fifth (5th) Business Day (or such other Business Day as shall be designated by JPMorgan) following the Business Day on which the Request for Borrowing is received by JPMorgan. All Swing Line Borrowings shall be evidenced by the “Swing Line Note” of the Companies dated the date of this Agreement (or, in the case of each renewal Swing Line Note hereafter executed, dated as provided in Section 5), payable to the order of JPMorgan and substantially in the form attached as Exhibit A-2 and shall bear interest from the date funded until the date repaid (and accrued interest on them shall be due and payable) at the same rate(s) and on the same days as would be applicable to any other Borrowing under this Agreement.
Swing Line Borrowings. The applicable Borrower shall request a Swing Line Loan by (A) telephone or (B) written notice substantially in the form of Exhibit A-4 hereto or such other form as approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Swing Line Loan Request”) to the Swing Line Lender and the Administrative Agent; provided that any telephonic notice must be confirmed promptly by delivery to the Swing Line Lender and the Administrative Agent of a Swing Line Loan Request. Each such notice must be received by the Swing Line Lender and the Administrative Agent not later than (i) in the case of the U.S. Borrower, 12:00 P.M. or (ii) in the case of an Irish Borrower, 11:00 A.M. (Dublin time), in each case on the Business Day of the requested Swing Line Loan. Each such notice shall be irrevocable and shall specify (i) that a Swing Line Loan is requested, (ii) the date of the requested Swing Line Loan (which shall be a Business Day) and (iii) the principal amount of the Swing Line Loan requested, which shall be a minimum of $100,000. Each Swing Line Loan shall be made as a Base Rate Loan and, subject to Section 2.01(c)(ii), shall have such maturity date as agreed to by the Swing Line Lender and the applicable Borrower upon receipt by the Swing Line Lender of the Swing Line Loan Request from such Borrower.
Swing Line Borrowings. (A) Each Swing Line Borrowing shall be made on notice, given not later than (x) in the case of Swing Line Borrowings denominated in US Dollars, 3:00 P.M. (New York City time) on the date of the proposed Swing Line Borrowing by the applicable Borrower to any applicable Swing Line Bank and the Administrative Agent or (y) in the case of Swing Line Borrowings denominated in Euro, 5:00 P.M. (London time) on the Business Day immediately prior to the date of the proposed Swing Line Borrowing by the applicable Borrower to any applicable Swing Line Bank and the Administrative Agent, of which the Administrative Agent shall give prompt notice to the Lenders. Each such notice of a Swing Line Borrowing (a “Notice of Swing Line Borrowing”) shall be by telephone, confirmed at once in writing, or telecopier, specifying therein the requested (i) date of such Borrowing, (ii) amount and currency of such Borrowing and (iii) maturity of such Borrowing (which maturity shall be no later than the tenth Business Day after the requested date of such Borrowing). Each Swing Line Advance shall be a Base Rate Advance, if denominated in US Dollars, or an Overnight Swing Line Rate Advance, if denominated in Euro. The applicable Swing Line Bank shall, before 5:00 P.M. (New York City time), in the case of Swing Line Advances denominated in US Dollars, and before 3:45 P.M. (London time), in the case of Swing Line Advances denominated in Euro, on the date of such Swing Line Borrowing, make such Swing Line Borrowing available to the Administrative Agent at the Administrative Agent’s Account, in same day funds. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the applicable Borrower at the Administrative Agent’s address referred to in Section 10.2.
(B) Upon written demand by any Swing Line Bank, with a copy of such demand to the Administrative Agent, each other Lender will purchase from the Swing Line Bank, and such Swing Line Bank shall sell and assign to each such other Lender, such other Lender’s Ratable Share of any outstanding Swing Line Advance made by such Swing Line Bank, by making available for the account of its Applicable Lending Office to the Administrative Agent for the account of such Swing Line Bank, by deposit to the Administrative Agent’s Account, in same day funds, an amount equal to the portion of the outstanding principal amount of suc...
Swing Line Borrowings. The Borrower shall request a Swing Line Loan by written notice (or telephone notice promptly confirmed in writing) substantially in the form of Exhibit A-4 hereto (a “Swing Line Loan Request”) to the Swing Line Lender and the Administrative Agent not later than 1:30 P.M. (New York time), in the case of Dollar denominated Swing Line Loans, and 10:00 A.M. (London time), in the case of Foreign Currency Swing Line Loans, on the Business Day of the requested Swing Line Loan. Each such notice shall be irrevocable and shall specify (i) that a Swing Line Loan is requested, (ii) the date of the requested Swing Line Loan (which shall be a Business Day) and (iii) the principal amount and currency of the Swing Line Loan requested. Each Swing Line Loan denominated in Dollars shall be made as a Base Rate Loan and each Swing Line Loan denominated in Euro shall be made as a Eurodollar Loan and, subject to Section 2.01(c)(ii), each Swing Line Loan shall have such maturity date as agreed to by the Swing Line Lender and the Borrower upon receipt by the Swing Line Lender of the Swing Line Loan Request from the Borrower.
Swing Line Borrowings. Each Swing Line Borrowing shall be --------------------- made on notice received by the Administrative Agent and the Swing Line Lender from the Borrower (pursuant to a Notice of Swing Line Borrowing) not later than 9:00 A.M. (Los Angeles, California time) on the date of such Borrowing. Each such Notice of Swing Line Borrowing shall be irrevocable upon receipt by the Administrative Agent and the Swing Line Lender. If (i) the Administrative Agent and the Swing Line Lender receive a Notice of Swing Line Borrowing and (ii) the applicable conditions set forth in Article IV have been fulfilled (which fulfillment the Administrative Agent and the Swing Line Lender may assume in the absence of actual knowledge, or notice received from the Borrower, the Administrative Agent or the Required Lenders, to the contrary), then the Swing Line Lender will make funds for any Swing Line Borrowing available to the Borrower by wire transfer to the Borrower on or before 3:00 p.m. (Los Angeles, California time) on the date of such Swing Line Borrowing.
Swing Line Borrowings. Section 2.04(b) of the Original Agreement is hereby amended as follows:
(a) The reference to “telephone” at the end of the first sentence is hereby amended to refer instead to “(A) telephone, or
Swing Line Borrowings. Section 2.04(b) of the Original Agreement is hereby amended as follows:
(a) The reference to “telephone” at the end of the first sentence is hereby amended to refer instead to “(A) telephone, or (B) a Swing Line Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to the Swing Line Lender and the Administrative Agent of a Swing Line Loan Notice”.
(b) The reference to “Each such notice” at the beginning of the second sentence is hereby amended to refer instead to “Each such Swing Line Loan Notice”.
(c) The third sentence (beginning “Each such telephonic notice . . .”) is hereby deleted in its entirety.
(d) The reference to “telephonic Swing Line Loan Notice” in the fourth sentence is hereby amended to refer instead to “Swing Line Loan Notice”.
Swing Line Borrowings. In addition to borrowings pursuant to Section 2.1(a) or Section 2.22, Borrower may request each Lender severally to submit offers to make advances to Borrower on any Business Day (unless Borrower and Administrative Agent agree otherwise and notify Lenders) during the Loan Commitment Period as provided in Sections 2.5 and 2.6 (herein called "Swing Line Advances"); provided, however, that (a) each Lender may, but shall have no obligation to, submit such offers and Borrower may, but shall have no obligation to, accept any such offers, (b) at no time shall the outstanding aggregate principal amount of all Swing Line Advances made by all Lenders under this Agreement plus all "Swing Line Advances" (as defined in the 364 Day Facility), if any, outstanding under the 364 Day Facility exceed $50,000,000, and (c) at no time shall the sum of (1) the outstanding aggregate principal amount of all Swing Line Advances made by all Lenders to Borrower, (2) the outstanding aggregate principal amount of the Revolving Loans, (3) the outstanding aggregate principal amount of LC Obligations and (4) the outstanding aggregate principal amount of all Competitive Bid Advances, exceed the Facility Amount.
Swing Line Borrowings. Each Swing Line Borrowing shall be made on --------------------- notice received by the Administrative Agent from the Borrower (pursuant to a Notice of Swing Line Borrowing) not later than 11:00 a.m. (New York City time) on the date of such Borrowing. Each such Notice of Swing Line Borrowing shall be irrevocable upon receipt by the Administrative Agent.
