Common use of Swing Line Borrowings Clause in Contracts

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 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 Advance against which the Swing Line Borrowing is to be funded is received by JPMorgan Chase by no later than 3:00 PM Houston time -- 2:30 PM for Advance requests submitted by fax or in other hard copy (4:00 PM if it requests only a Wet Warehousing Advance and is Electronically Submittednonelectronic) form -- on the Business Day such Borrowing is to be funded; and (e) provided that neither Company any of the Companies, the Parent nor JPMorgan Chase is aware of any reason why the Borrowing requested by the Request for Borrowing Advance 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) Chase following the Business Day on which the Request for Borrowing Advance is received by JPMorganChase (the day on which such Swing Line Borrowing is to be repaid being herein called the "Swing Line Borrowing Due Date"). All Swing Line Borrowings shall be evidenced by the “"Swing Line Note” of the Companies " dated the date of this Agreement (orAgreement, in executed by the case of each renewal Swing Line Note hereafter executed, dated as provided in Section 5)Companies, payable to the order of JPMorgan Chase 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 Agreementif such Swing Line Borrowings had been funded by the Lenders, instead of having been funded by Chase alone as Swing Line Borrowings.

Swing Line Borrowings. The Companies Company 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 Chase Texas 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 the Company nor JPMorgan Chase Texas 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 JPMorganChase Texas) following the Business Day on which the Request for Borrowing is received by JPMorganChase Texas. All Swing Line Borrowings shall be evidenced by the “Swing Line Note” "SWING LINE NOTE" of the Companies Company dated the date of this Agreement (or, in the case of each renewal Swing Line Note hereafter executed, dated as provided in Section 5)Agreement, payable to the order of JPMorgan Chase Texas and substantially in the form attached as Exhibit 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 Agreementif such Swing Line Borrowings had been funded by the Lenders, instead of having been funded by Chase Texas alone as Swing Line Borrowings.

Swing Line Borrowings. The Companies Company 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 the 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” "SWING LINE NOTE" of the Companies Company dated the date of this Agreement (or, in the case of each renewal Swing Line Note hereafter executed, dated as provided in Section 5)Agreement, payable to the order of JPMorgan and substantially in a form acceptable to the form attached as Exhibit A-2 Agent and the Company 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 Agreementif such Swing Line Borrowings had been funded by the Lenders, instead of having been funded by JPMorgan alone as Swing Line Borrowings.

Swing Line Borrowings. The Companies Company 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 the 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 Company dated the date of this Agreement (or, in the case of each renewal Swing Line Note hereafter executed, dated as provided in Section 5)Agreement, payable to the order of JPMorgan and substantially in a form acceptable to the form attached as Exhibit A-2 Agent and the Company 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 Agreementif such Swing Line Borrowings had been funded by the Lenders, instead of having been funded by JPMorgan alone as Swing Line Borrowings.

Swing Line Borrowings. The Companies Company 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 Texas Commerce 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 the Company nor JPMorgan Texas Commerce 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 JPMorganTexas Commerce) following the Business Day on which the Request for Borrowing is received by JPMorganTexas Commerce. All Swing Line Borrowings shall be evidenced by the “Swing Line Note” "SWING LINE NOTE" of the Companies Company dated the date of this Agreement (or, in the case of each renewal Swing Line Note hereafter executed, dated as provided in Section 5)Agreement, payable to the order of JPMorgan Texas Commerce and substantially in the form attached as Exhibit 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 Agreementif such Swing Line Borrowings had been funded by the Lenders, instead of having been funded by Texas Commerce alone as Swing Line Borrowings.