Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 15 contracts
Samples: Credit Agreement (National CineMedia, Inc.), Credit Agreement, Credit Agreement (National CineMedia, LLC)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 11 contracts
Samples: Credit Agreement (Worldspan L P), Credit Agreement (Osullivan Industries Holdings Inc), Credit Agreement (Buffets Inc)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to each Borrower a portion of the Borrower in credit otherwise available under the form of Commitments from time to time during the Commitment Period by making swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the such Borrower under the Revolving Credit Commitments; provided that (i) the in an aggregate principal amount of not to exceed at any one time outstanding such Swing Line Loans outstanding at any time shall not exceed the Lender’s Swing Line Commitment then in effect (notwithstanding Commitment; provided, however, that the Swing Line Loans outstanding at any time, when aggregated with the such Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may not exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) ; and (ii) provided further, however, that on the Borrower shall not request, and date of the Swing Line Lender shall not make, making of any Swing Line Loan if, after giving effect to the making of such and while any Swing Line LoanLoan is outstanding, the sum of the aggregate principal amount of the Available all outstanding Revolving Credit Commitments would be Loans and Swing Line Loans shall not exceed the Aggregate Commitment (less than zerothe Commitment of any non-funding Lender referred to in Section 2.9(b)). During the Revolving Credit Commitment PeriodPeriod applicable to each Borrower, the such Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Swing Line Loan shall bear interest at a rate per annum equal to the Federal Funds Rate plus the Applicable Margin. In no event shall any Lender be obligated to make Revolving Credit Loans or Swing Line Loans shall be Base Rate if it would cause the sum of the aggregate principal amount of such Lxxxxx’s Revolving Credit Loans, Swing Line Participation Amounts and Swing Line Loans onlyto exceed such Lxxxxx’s Commitment.
Appears in 7 contracts
Samples: Credit Agreement (Wanger Advisors Trust), Credit Agreement (Columbia Acorn Trust), Credit Agreement (Columbia Funds Variable Series Trust II)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, after the Closing Date and during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers, in the sole reasonable discretion of the Swing Line Lender, in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments, which portion is a part of and not in addition to the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount Total Revolving Extensions of Credit would exceed the Available Revolving Credit Commitments would be less than zeroLine Cap. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 7 contracts
Samples: Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees thatagrees, in reliance on the agreements of the other Lenders set forth in Section 2.4, that during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 7 contracts
Samples: Credit Agreement (OneBeacon Insurance Group, Ltd.), Credit Agreement (OneBeacon Insurance Group, Ltd.), Credit Agreement (Symetra Financial CORP)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to each Borrower a portion of the Borrower in credit otherwise available under the form of Commitments from time to time during the Commitment Period by making swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the such Borrower under the Revolving Credit Commitments; provided that (i) the in an aggregate principal amount of not to exceed at any one time outstanding such Swing Line Loans outstanding at any time shall not exceed the Lender’s Swing Line Commitment then in effect (notwithstanding Commitment; provided, however, that the Swing Line Loans outstanding at any time, when aggregated with the such Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may not exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) ; and (ii) provided further, however, that on the Borrower shall not request, and date of the Swing Line Lender shall not make, making of any Swing Line Loan if, after giving effect to the making of such and while any Swing Line LoanLoan is outstanding, the sum of the aggregate principal amount of the Available all outstanding Revolving Credit Commitments would be Loans and Swing Line Loans shall not exceed the Aggregate Commitment (less than zerothe Commitment of any non-funding Lender referred to in Section 2.9(b)). During the Revolving Credit Commitment PeriodPeriod applicable to each Borrower, the such Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Swing Line Loan shall bear interest at a rate per annum equal to the Federal Funds Rate plus the Applicable Margin. In no event shall any Lender be obligated to make Revolving Credit Loans or Swing Line Loans shall be Base Rate if it would cause the sum of the aggregate principal amount of such Lender’s Revolving Credit Loans, Swing Line Participation Amounts and Swing Line Loans onlyto exceed such Lender’s Commitment.
Appears in 6 contracts
Samples: Credit Agreement (Wanger Advisors Trust), Credit Agreement (Columbia Funds Series Trust II), Credit Agreement (Columbia Funds Series Trust I)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Facility Commitment Period, it will make available to the Borrower in the form of swing line loans denominated in Dollars (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect Commitment, (notwithstanding that ii) the aggregate principal amount of Swing Line Loans outstanding at any time, when aggregated with the L/C Obligations, shall not exceed the Revolving Credit Commitments and (iii) the sum of (x) the aggregate principal amount of Swing Line Lender’s other Loans outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and at any time plus (iiy) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, L/C Obligations plus (z) the aggregate amount of the Available Revolving Credit Commitments would be less than zeroLoans then outstanding shall not exceed the Total Revolving Credit Commitment. During the Revolving Credit Facility Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 6 contracts
Samples: Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Commitment Period by making swing line loans (“Swing line Loans”) to the Borrowers; provided that (i) the aggregate principal amount of Swing Line line Loans outstanding at any time shall not exceed the Swing Line line Commitment then in effect (notwithstanding that the Swing Line line Loans outstanding at any time, when aggregated with the Swing Line line Lender’s other outstanding Revolving Credit Loans hereunderLoans, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit line Commitment then in effect) and (ii) the no Borrower shall not request, and the Swing Line line Lender shall not make, any Swing Line line Loan if, after giving effect to the making of such Swing Line line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line line Loans shall be Base Rate ABR Loans only.
Appears in 5 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement (SunCoke Energy Partners, L.P.)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“"Swing Line Loans”") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 5 contracts
Samples: Credit Agreement (K&f Industries Inc), Credit Agreement (Brookdale Senior Living Inc.), Credit Agreement (Dobson Communications Corp)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and ), (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zerozero and (iii) the Total Revolving Extensions of Credit shall at no time exceed the Maximum Facility Availability at such time. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 4 contracts
Samples: Credit Agreement (Chatham Lodging Trust), Credit Agreement (Chatham Lodging Trust), Credit Agreement (Hudson Pacific Properties, Inc.)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments Availability would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 4 contracts
Samples: Credit Agreement (NBC Acquisition Corp), Credit Agreement (Nebraska Book Co), Credit Agreement (NBC Acquisition Corp)
Swing Line Commitment. (a) Subject to the terms and conditions hereofset forth herein, the Swing Line Lender Lender, in reliance upon the agreements of the other Revolving Lenders set forth in this Section 2.01(e), agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans in Dollars (each a “Swing Line Loan” and, collectively, the “Swing Line Loans”) a portion of the credit otherwise available to the Borrower under from time to time on any Business Day during the Revolving Credit Commitments; provided Availability Period, in an aggregate principal amount at any time outstanding that will not result in (and upon each such Borrowing of Swing Line Loans, the Borrower shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swing Line Loans outstanding at any time shall not exceed exceeding the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any timeCommitment, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and sum of the total Revolving Exposures exceeding the Total Revolving Commitments; provided that the Swing Line Lender shall not make, any be required to make a Swing Line Loan ifto refinance, after giving effect in whole or in part, an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, repay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan, each Revolving Lender shall be deemed to, and hereby, irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such Revolving Lender’s Pro Rata Percentage times the amount of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 4 contracts
Samples: Restatement Agreement (Infrastructure & Energy Alternatives, Inc.), And Restatement Agreement (Infrastructure & Energy Alternatives, Inc.), Amendment and Restatement Agreement (Infrastructure & Energy Alternatives, Inc.)
Swing Line Commitment. (a) Subject to the terms and conditions hereofset forth herein, the Swing Line Lender Lender, in reliance upon the agreements of the other Revolving Lenders set forth in this Section 2.17, agrees that, to make Swing Line Loans to the Borrower from time to time on any Business Day during the Revolving Credit Commitment Availability Period, it in an aggregate principal amount at any time outstanding that will make available to the Borrower not result in the form (and upon each such Borrowing of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to , the Borrower under the Revolving Credit Commitments; provided shall be deemed to represent and warrant that such Borrowing will not result in) (i) the aggregate principal amount of outstanding Swing Line Loans outstanding at any time shall not exceed exceeding the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any timeCommitment, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and sum of the total Revolving Exposures exceeding the total Revolving Commitments; provided that the Swing Line Lender shall not make, any be required to make a Swing Line Loan ifto refinance, after giving effect in whole or in part, an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, repay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan, each Revolving Lender shall be deemed to, and hereby does, irrevocably and unconditionally agree to purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such Revolving Lender’s Pro Rata Percentage times the amount of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 4 contracts
Samples: Credit Agreement (Cvent Holding Corp.), Credit Agreement (Dragoneer Growth Opportunities Corp. II), Credit Agreement (Ping Identity Holding Corp.)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Termination Date.
Appears in 4 contracts
Samples: Credit Agreement (Pinnacle Entertainment Inc), Credit Agreement (Pinnacle Entertainment Inc), Credit Agreement (Pinnacle Entertainment Inc)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, Chase (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate ABR Loans only.
Appears in 3 contracts
Samples: Credit Agreement (International Home Foods Inc), Credit Agreement (International Home Foods Inc), Credit Agreement (International Home Foods Inc)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("SWING LINE LOANS") to the Borrower; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 3 contracts
Samples: Senior Secured Credit Agreement (Day International Group Inc), Credit Agreement (Tsi Finance Inc), Credit Agreement (Spanish Broadcasting System Inc)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 3 contracts
Samples: Escrow Agreement (Ws Financing Corp), Credit Agreement (Spanish Broadcasting System Inc), Credit Agreement (Syniverse Technologies Inc)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 3 contracts
Samples: Credit Agreement (Nebraska Book Co), Credit Agreement (Nebraska Book Co), Credit Agreement (NBC Acquisition Corp)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to each Borrower a portion of the Borrower in credit otherwise available under the form of Commitments from time to time during the Commitment Period by making swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the such Borrower under the Revolving Credit Commitments; provided that (i) the in an aggregate principal amount of Swing Line Loans outstanding not to exceed at any one time shall not exceed outstanding the Swing Line Commitment then in effect (notwithstanding Commitment; provided, however, that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may not exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) ; and (ii) provided further, however, that on the Borrower shall not request, and date of the Swing Line Lender shall not make, making of any Swing Line Loan if, after giving effect to the making of such and while any Swing Line LoanLoan is outstanding, the sum of the aggregate principal amount of the Available all outstanding Revolving Credit Loans and Swing Line Loans shall not exceed the total Commitments would be (less than zerothe Commitment of any non-funding Lender referred to in Section 2.9(b)). During the Revolving Credit Commitment PeriodPeriod applicable to each Borrower, the such Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowingre-borrowing, all in accordance with the terms and conditions hereof. Each Swing Line Loans Loan shall be Base bear interest at a rate per annum equal to the Federal Funds Rate Loans onlyplus the Applicable Margin.
Appears in 3 contracts
Samples: Credit Agreement (T. Rowe Price Credit Opportunities Fund, Inc.), Credit Agreement (T. Rowe Price Multi-Sector Account Portfolios, Inc.), Credit Agreement (T. Rowe Price Multi-Sector Account Portfolios, Inc.)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. The Borrower shall repay all outstanding Swing Line Loans on the Revolving Credit Maturity Date.
Appears in 3 contracts
Samples: Credit Agreement (National CineMedia, Inc.), Credit Agreement (National CineMedia, Inc.), Credit Agreement (National CineMedia, Inc.)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Swing Line Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided provided, that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Swing Line Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 2 contracts
Samples: Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Las Vegas LLC)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees thatagrees, in reliance on the agreements of the other Lenders set forth in Section 2.4, that during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) all Swing Line Loans shall be made at the sole and absolute discretion of the Swing Line Lender, (ii) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) ), and (iiiii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 2 contracts
Samples: Credit Agreement (White Mountains Insurance Group LTD), Credit Agreement (White Mountains Insurance Group LTD)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments1 Commitments from time to time during the Swing Line Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided provided, that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit 1 Commitments would be less than zero. During the Revolving Swing Line Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. The Borrower may at any time and from time to time prepay all or any portion of the outstanding Swing Line Loans in accordance with Section 2.11.
Appears in 2 contracts
Samples: Intercreditor Agreement (Wynn Las Vegas LLC), Credit Agreement (Wynn Resorts LTD)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Dollar Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans denominated in Dollars (“Dollar Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Dollar Revolving Credit Commitments; provided provided, that (i) the aggregate principal amount of Dollar Swing Line Loans outstanding at any time shall not exceed the Dollar Swing Line Commitment then in effect (notwithstanding that the Dollar Swing Line Loans outstanding at any time, when aggregated with the Dollar Swing Line Lender’s other outstanding Dollar Revolving Credit Loans hereunder, may exceed the Dollar Swing Line Commitment then in effect or such the Dollar Swing Line Lender’s Dollar Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Dollar Swing Line Lender shall not make, any Dollar Swing Line Loan if, after giving effect to the making of such Dollar Swing Line Loan, the aggregate amount of the Available Dollar Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Dollar Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Dollar Swing Line Loans shall be Base Rate Loans only.
Appears in 2 contracts
Samples: Credit Agreement (Bucyrus International Inc), Credit Agreement (Bucyrus International Inc)
Swing Line Commitment. (a) Subject to the terms and conditions --------------------- hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal ------------------ -------- amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate made as ABR Loans onlyonly and shall not be entitled to be converted into Eurodollar Loans.
Appears in 2 contracts
Samples: Credit Agreement (Details Inc), Credit Agreement (Details Inc)
Swing Line Commitment. (a) ). Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Availability Period, it will make available to the Borrower in the form of swing line loans funded and repayable solely in Dollars (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments Availability would be less than zero. During the Revolving Credit Commitment Availability Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Borrowing of Swing Line Loans shall be Base Rate Loans onlycomprised entirely of ABR Loans.
Appears in 2 contracts
Samples: Revolving Credit and Guaranty Agreement (Tower International, Inc.), Revolving Credit and Guaranty (Tower International, Inc.)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, --------------------- the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the each Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that Commitments from time to time during the Commitment Period by making swing line loans (i"Swing Line Loans") the to such ---------------- Borrower in an aggregate principal amount of Swing Line Loans outstanding not to exceed at any one time shall not exceed outstanding the Swing Line Commitment then in effect (provided, however, notwithstanding that the -------- ------- foregoing the Swing Line Loans made by the Swing Line Lender outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may not exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit 's Commitment then in effect) and (ii) ); provided, further, however, that on the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to date of the making of such any -------- ------- ------- Swing Line Loan, the sum of the aggregate principal amount of the Available all outstanding Revolving Credit Loans and Swing Line Loans shall not exceed the total Commitments would be (less than zerothe Commitment of any non-funding Lender referred to in Section 2.9(b)). During the Revolving Credit Commitment PeriodPeriod applicable to each Borrower, the such Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Swing Line Loans Loan shall be Base bear interest at a rate per annum equal to the Federal Funds Rate Loans onlyplus the Applicable Margin.
Appears in 2 contracts
Samples: Credit Agreement (Mercantile Mutual Funds Inc), Credit Agreement (Mercantile Mutual Funds Inc)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, The First National Bank of Boston (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsLenders' Revolving Credit Commitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrowers in an aggregate principal amount not to exceed at any one time outstanding the Swing Line Commitment; provided that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Designated Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. The Borrower shall repay all outstanding Swing Line Loans on the last day of the Revolving Credit Commitment Period.
Appears in 2 contracts
Samples: Credit Agreement (Kirklands Inc), Credit Agreement (Kirklands Inc)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.. 43
Appears in 1 contract
Samples: Credit Agreement (Nebraska Book Co)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Primary Borrower in the form of swing line loans denominated in Dollars (“Swing Line Loans”"SWING LINE LOANS") a portion of the credit otherwise available to the Primary Borrower under the Revolving Credit Commitments; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Primary Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Primary Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (Six Flags Inc)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, Chase, as the swing line lender (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make extensions of credit available to the Borrower in Company from time to time during the form of Commitment Period by making swing line loans (“the "Swing Line Loans”") a portion of the credit otherwise available to the Borrower under Company in an aggregate principal amount at any one time outstanding not to exceed the Revolving Credit CommitmentsSwing Line Commitment; provided that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower Company shall not request, request and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments subsection 2.3 would be less than zerocontravened. During Swing Line Loans shall bear interest at the Revolving Credit Swing Line Rate. From and after the Effective Date and during the Commitment Period, the Borrower Company may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (First Brands Corp)
Swing Line Commitment. (a) Subject --------------------- to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; ----------------- provided that (i) the aggregate principal amount of Swing Line Loans -------- outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and ), (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero, (iii) the Borrower shall not request, and the Swing Line Lender shall not make a Swing Line Loan to the extent that, after giving effect thereto, the Total Revolving Extensions of Credit at such time would exceed the Borrowing Base at such time. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments2 Commitments from time to time during the Swing Line Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided provided, that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit 2 Commitments would be less than zero. During the Revolving Swing Line Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. The Borrower may at any time and from time to time prepay all or any portion of the outstanding Swing Line Loans in accordance with Section 2.11.
Appears in 1 contract
Samples: Credit Agreement (Wynn Resorts LTD)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("SWING LINE LOANS") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Day International Group Inc)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, Fleet National Bank (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsLenders' Revolving Credit Commitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrowers in an aggregate principal amount not to exceed at any one time outstanding the Swing Line Commitment; provided that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Designated Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. The Borrower shall repay all outstanding Swing Line Loans on the last day of the Revolving Credit Commitment Period.
Appears in 1 contract
Samples: Credit Agreement (Kirklands Inc)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, from time to time during the Availability Period, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments by making swing line loans (“Swing Line Loans”) to the Borrower; provided that (i) the sum of (A) the Swing Line Exposure of such Swing Line Lender, (B) the aggregate principal amount of outstanding Revolving Loans made by such Swing Line Lender and (C) the LC Exposure of such Swing Line Lender shall not exceed its Commitment then in effect, (ii) the sum of the outstanding Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iiiii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available total Revolving Credit Commitments Exposure would be less than zeroexceed the total Commitments. During the Revolving Credit Commitment Availability Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. All Swing Line Loans shall be Base Rate made as ABR Loans onlyand shall not be entitled to be converted into Eurodollar Loans.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, --------------------- Chase (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make available to the ----------------- each Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that Commitments from time to time during the Commitment Period by making swing line loans (i"Swing Line Loans") the to such Borrower in an aggregate principal amount of Swing Line Loans outstanding not to ------------------ exceed at any one time shall not exceed outstanding the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit 's Commitment then in effect) and (ii) ); provided, however, -------- ------- that on the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to date of the making of such any Swing Line Loan, the sum of the aggregate principal amount of the Available all outstanding Revolving Credit Loans and Swing Line Loans shall not exceed the total Commitments would be (less than zerothe Commitment of any non-funding Lender referred to in Section 2.9(b)). During the Revolving Credit Commitment PeriodPeriod applicable to each Borrower, the such Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Swing Line Loans Loan shall be Base bear interest at a rate per annum equal to the Federal Funds Rate Loans onlyplus the Applicable Margin.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrowers in Dollars; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans onlyonly and shall not be entitled to be converted into Eurocurrency Loans.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Dollar Swing Line Lender agrees that, during prior to the Extending Revolving Credit Commitment PeriodTermination Date, it will make available to the Borrower in the form of swing line loans denominated in Dollars (“Dollar Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Dollar Revolving Credit Commitments; provided that (i) the aggregate principal amount of Dollar Swing Line Loans outstanding at any time shall not exceed the Dollar Swing Line Commitment then in effect (notwithstanding that the Dollar Swing Line Loans outstanding at any time, when aggregated with the Dollar Swing Line Lender’s other outstanding Dollar Revolving Credit Loans hereunder, may exceed the Dollar Swing Line Commitment then in effect or such the Dollar Swing Line Lender’s Dollar Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Dollar Swing Line Lender shall not make, any Dollar Swing Line Loan if, after giving effect to the making of such Dollar Swing Line Loan, the aggregate amount of the Available Dollar Revolving Credit Commitments would be less than zero. During Prior to the Extending Revolving Credit Commitment PeriodTermination Date, the Borrower may use the Dollar Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Dollar Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a2.(a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("SWING LINE LOANS") to the Borrower; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (Axiohm Transaction Solutions Inc)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees thatagrees, in reliance on the agreements of the other Lenders set forth in Section 2.4, that during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (White Mountains Insurance Group LTD)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“"Swing Line Loans”") denominated in Dollars a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments at such time would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Tronox Inc
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to each Borrower a portion of the Borrower in credit otherwise available under the form of Commitments from time to time during the Commitment Period by making swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the such Borrower under the Revolving Credit Commitments; provided that (i) the in an aggregate principal amount of not to exceed at any one time outstanding such Swing Line Loans outstanding at any time shall not exceed the Lender’s Swing Line Commitment then in effect (notwithstanding Commitment; provided, however, that the Swing Line Loans outstanding at any time, when aggregated with the such Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may not exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) ; and (ii) provided further, however, that on the Borrower shall not request, and date of the Swing Line Lender shall not make, making of any Swing Line Loan if, after giving effect to the making of such and while any Swing Line LoanLoan is outstanding, the sum of the aggregate principal amount of the Available all outstanding Revolving Credit Loans and Swing Line Loans shall not exceed the total Commitments would be (less than zerothe Commitment of any non-funding Lender referred to in Section 2.9(b)). During the Revolving Credit Commitment PeriodPeriod applicable to each Borrower, the such Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Swing Line Loan shall bear interest at a rate per annum equal to the Federal Funds Rate plus the Applicable Margin. In no event shall any Lender be obligated to make Revolving Credit Loans or Swing Line Loans shall be Base Rate if it would cause the sum of the aggregate principal amount of such Lender’s Revolving Credit Loans, Swing Line Participation Amounts and Swing Line Loans onlyto exceed such Lender’s Commitment.
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Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees thatagrees, in reliance on the agreements of the other Lenders set forth in Section 2.4, that during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and ), (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zerozero and (iii) so long as any Lender is a Defaulting Lender, the Swing Line Lender shall not be required to fund any Swing Line Loan unless it is satisfied it will have no Fronting Exposure after giving effect to such Swing Line Loan. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (White Mountains Insurance Group LTD)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Primary Borrower in the form of swing line loans (“Swing Line Loans”"SWING LINE LOANS") a portion of the credit otherwise available to the Primary Borrower under the Revolving Credit Commitments; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Primary Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Primary Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (White Mountains Insurance Group LTD)
Swing Line Commitment. (a) ). Borrowers acknowledge and agree that as of the Third Restatement Effective Date, there are no “Swing Line Loans” outstanding under the Existing Credit Agreement. Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
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Swing Line Commitment. (a) ). Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Availability Period, it will make available to the Borrower in the form of swing line loans funded and repayable solely in Dollars (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided provided, that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments Availability would be less than zero. During the Revolving Credit Commitment Availability Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Borrowing of Swing Line Loans shall be Base Rate Loans onlycomprised entirely of ABR Loans.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Tower Automotive, LLC)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender Lender, in reliance on the agreements of the other Lenders set forth in subsection 3.16, agrees that, to make swing line loans ("Swing Line Loans") to the Borrower from time to time during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans provided that (“a) no Swing Line Loans”) Lender shall have any obligation to make a portion Swing Line Loan if, after giving effect to any such Swing Line Loans and the use of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that proceeds thereof, (i) the aggregate principal amount of Swing Line Loans then outstanding would exceed the Swing Line Commitment, (ii) the Aggregate Revolving Credit Outstandings at such time would exceed the Revolving Credit Commitments in effect at such time or (iii) the Aggregate Outstanding Extensions of Credit at such time would exceed the Borrowing Base at such time, and (b) all borrowings and prepayments of Swing Line Loans shall be made such that the aggregate principal amount of Swing Line Loans of each Swing Line Lender outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zeroequal. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying prepaying and reborrowingreborrowing the Swing Line Loans in whole or in part, all in accordance with the terms and conditions hereof. All Swing Line Loans shall be Base Rate Loans onlyABR Loans.
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Swing Line Commitment. (a) ). Subject to the terms and conditions hereof, from time to time during the Availability Period, each Swing Line Lender severally agrees that, during the Revolving Credit Commitment Period, that it will make available to the Borrower in the form of swing line loans funded and repayable solely in Dollars (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time made by such Swing Line Lender shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect, (ii) such Swing Line Lender’s Revolving Credit Exposure shall not at any time exceed its Revolving Credit Commitment then in effect, (iii) the aggregate principal amount of all outstanding Swing Line Loans shall not at any time exceed the Swing Line Sublimit and (iiiv) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments Availability would be less than zero; provided further, that a Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. During the Revolving Credit Commitment Availability Period, the Borrower may use the borrow, prepay and reborrow Swing Line Commitment by borrowing, repaying and reborrowingLoans, all in accordance with the terms and conditions hereof. Each Borrowing of Swing Line Loans shall be Base Rate Loans onlycomprised entirely of ABR Loans.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Tower International, Inc.)
Swing Line Commitment. (a) Subject to the terms and conditions hereofset forth herein, the Swing Line Lender Lender, in reliance upon the agreements of the other Revolving Lenders set forth in this Section 2.17, agrees that, to make Swing Line Loans to the Borrowers from time to time on any Business Day during the Revolving Credit Commitment Availability Period, it in an aggregate principal amount at any time outstanding that will make available to the Borrower not result in the form (and upon each such Borrowing of swing line loans (“Swing Line Loans”, the Borrowers shall be deemed to represent and warrant that such Borrowing will not result in) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of outstanding Swing Line Loans outstanding at any time shall not exceed exceeding the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any timeCommitment, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and sum of the total Revolving Exposures exceeding the total Revolving Commitments; provided that the Swing Line Lender shall not make, any be required to make a Swing Line Loan ifto refinance, after giving effect in whole or in part, an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, repay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan, each Revolving Lender shall be deemed to, and hereby does, irrevocably and unconditionally agree to purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such Revolving Lender’s Pro Rata Percentage times the amount of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
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Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsDollar Commitments from time to time during the Revolving Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be (i) denominated in Dollars and (ii) Base Rate Loans only.
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Swing Line Commitment. (a) Subject to the terms and conditions --------------------- hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrowers; provided that (i) the aggregate principal ------------------ -------- amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate made as ABR Loans onlyonly and shall not be entitled to be converted into Eurodollar Loans.
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Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Commitment Period by making swing line loans in Dollars or Euro ("Swing Line Loans") to the Borrower; provided that (i) the sum of (x) the aggregate principal amount of Swing Line Loans denominated in Dollars and (y) the Dollar Equivalent of the aggregate principal amount of Swing Line Loans denominated in Euro, outstanding as at the date any time Swing Line Loan is made shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the any Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the no Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate ABR Loans or Euro Cost of Funds Loans only."
Appears in 1 contract
Samples: Delphi Automotive Systems Corp
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("SWING LINE LOANS") to the Borrower; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (Nebraska Book Co)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit US Dollar RCF Commitment Period, it will make available to the US Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the US Borrower under the Revolving Credit US Dollar RCF Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit US Dollar RCF Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s Revolving Credit US Dollar RCF Commitment then in effect) and (ii) the US Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit US Dollar RCF Commitments would be less than zero. During the Revolving Credit US Dollar RCF Commitment Period, the US Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (LKQ Corp)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s Revolving Credit Commitment then in effect), (ii) the Total Revolving Extensions of Credit shall not exceed the lesser of (x) the Total Revolving Credit Commitments, and (iiy) the then current Borrowing Base, (iii) the Borrower shall not request, and the Swing Line Lender shall not knowingly and intentionally make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero, and (iv) the aggregate principal amount of the Revolving Credit Loans and Swing Line Loans then outstanding, does not exceed the Maximum Revolving Credit Cash Amount. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. The Swing Line Loans shall be denominated in either Dollars or Canadian Dollars at the option of the Borrower.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrowers; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate made as ABR Loans onlyonly and shall not be entitled to be converted into Eurodollar Loans.
Appears in 1 contract
Samples: Credit Agreement (Ddi Corp)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Facility Commitment Period, it will make available to the Borrower in the form of swing line loans denominated in Dollars (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the LC/Swing Line Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect Commitment, (notwithstanding that ii) the aggregate principal amount of Swing Line Loans outstanding at any time, when aggregated with the L/C Obligations, shall not exceed the LC/Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed Commitments and (iii) the sum of (x) the aggregate principal amount of Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and Loans outstanding at any time plus (iiy) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, L/C Obligations plus (z) the aggregate amount of the Available Revolving Credit Commitments would be less than zeroLoans then outstanding shall not exceed the Total Revolving Credit Commitment. During the Revolving Credit Facility Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line Swing Line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“"Swing Line Loans”") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, (A) the aggregate amount of the Available Revolving Credit Commitments would be less than zero, (B) the Total Revolving Extensions of Credit would exceed the Borrowing Base or (C) the Total Revolving Extensions of Credit, when added to the Total Supplemental Extensions of Credit, would exceed the Total Revolving Credit Commitments. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (Anc Rental Corp)
Swing Line Commitment. (a) Subject to the terms and conditions --------------------- hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal ------------------ -------- amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof; provided, however, that up to $25,000,000 of the Revolving -------- ------- Credit Loans and Swing Line Loans may be used to finance a portion of the Recapitalization and to pay related fees and expenses. Swing Line Loans shall be Base Rate ABR Loans only.
Appears in 1 contract
Samples: Paragon Health Network Inc
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsDIP Commitments from time to time during the DIP Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other 's outstanding Revolving Credit DIP Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s Revolving Credit 's DIP Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit DIP Commitments would be less than zero. During the Revolving Credit DIP Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Imperial Sugar Co /New/
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Facilities Commitment Period, it will make available to the Primary Borrower in the form of swing line loans denominated in Dollars (“Swing Line Loans”) a portion of the credit otherwise available to the Primary Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Extensions of Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Primary Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Facilities Commitment Period, the Primary Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (Six Flags, Inc.)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender Lender, in reliance on the agreements of the other Lenders set forth in subsection 3.16, agrees that, to make swing line loans ("Swing Line Loans") to the Borrower from time to time during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans provided that (“a) no Swing Line Loans”) Lender shall have any obligation to make a portion Swing Line Loan if, after giving effect to any such Swing Line Loans and the use of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that proceeds thereof, (i) the aggregate principal amount of Swing Line Loans then outstanding would exceed the Swing Line Commitment, (ii) the Aggregate Revolving Credit Outstandings at such time would exceed the Revolving Credit Commitments in effect at such time or (iii) in the case of Swing Line Loans made prior to the occurrence of a Collateral Release Event, the Aggregate Outstanding Extensions of Credit at such time would exceed the Borrowing Base at such time and (b) all borrowings and prepayments of Swing Line Loans shall be made such that the aggregate principal amount of Swing Line Loans of each Swing Line Lender outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zeroequal. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying prepaying and reborrowingreborrowing the Swing Line Loans in whole or in part, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (aa)(a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender Lender, in reliance on the agreements of the other Lenders set forth in subsection 3.16, agrees that, to make swing line loans ("Swing Line Loans") to the Borrower from time to time during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans provided that (“a) no Swing Line Loans”) Lender shall have any obligation to make a portion Swing Line Loan if, after giving effect to any such Swing Line Loans and the use of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that proceeds thereof, (i) the aggregate principal amount of Swing Line Loans then outstanding would exceed the Swing Line Commitment, (ii) the Aggregate Revolving Credit Outstandings at such time would exceed the Revolving Credit Commitments in effect at such time or (iii) the Aggregate Outstanding Extensions of Credit at such time would exceed (x) the Borrowing Base at such time or (y) if applicable, the Interim Maximum Amount, and (b) all borrowings and prepayments of Swing Line Loans shall be made such that the aggregate principal amount of Swing Line Loans of each Swing Line Lender outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zeroequal. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying prepaying and reborrowingreborrowing the Swing Line Loans in whole or in part, all in accordance with the terms and conditions hereof. All Swing Line Loans shall be Base Rate Loans onlyABR Loans.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“"Swing Line Loans”") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”"SWING LINE LOANS") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (White Mountains Insurance Group LTD)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, after the Closing Date and during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers, in the sole reasonable discretion of the Swing Line Lender, in the form of swing line loans (“"Swing Line Loans”") a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments, which portion is a part of and not in addition to the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount Total Revolving Extensions of Credit would exceed the Available Revolving Credit Commitments would be less than zeroLine Cap. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (Leslie's, Inc.)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans (“"Swing Line Loans”") a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (White Mountains Insurance Group LTD)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”"SWING LINE LOANS") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Fixed Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (Capital Environmental Resource Inc)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the no Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, (A) the aggregate amount of the Available Revolving Credit Commitments would be less than zerozero or (B) the aggregate amount of the Revolving Extensions of Credit owing by such Borrower would exceed the limit applicable to such Borrower set forth in Section 2.4(c). During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereofset forth herein, the Swing Line Lender Lender, in reliance upon the agreements of the other Revolving Lenders set forth in this Section 2.17, agrees that, to make Swing Line Loans to the Borrowers from time to time on any Business Day during the Revolving Credit Commitment Availability Period, it in an aggregate principal amount at any time outstanding that will make available to the Borrower not result in the form (and upon each such Borrowing of swing line loans (“Swing Line Loans”, the Borrowers shall be deemed to represent and warrant that such Borrowing will not result in) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of outstanding Swing Line Loans outstanding at any time shall not exceed exceeding the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any timeCommitment, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and sum of the total Revolving Exposures exceeding the total Revolving Commitments; provided that the Swing Line Lender shall not make, any be required to make a Swing Line Loan ifto refinance, after giving effect in whole or in part, an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, repay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan, each Revolving Lender shall be deemed to, and hereby, irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such Revolving Lender’s Pro Rata Percentage times the amount of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line LenderXxxxxx’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Swing Line Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided provided, that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Swing Line Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. The Borrower may at any time and from time to time prepay all or any portion of the outstanding Swing Line Loans in accordance with Section 2.11.
Appears in 1 contract
Samples: Credit Agreement (Wynn Resorts LTD)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, Chemical (in such capacity, the Swing Line Lender "SWING LINE LENDER") agrees that, to make a portion of the Revolving Credit Commitments available to the Borrower during the Revolving Credit Commitment Period, it will make available Period by making swing line loans ("SWING LINE LOANS") to the Borrower in an aggregate principal amount not to exceed at any one time outstanding the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitment; provided PROVIDED that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount Aggregate Revolving Credit Outstandings of all the Available Lenders would exceed the Revolving Credit Commitments would be less than zeroat such time. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, Swing Line Loans all in accordance with the terms and conditions hereof. Swing Line Loans shall may be Base Rate ABR Loans only.
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Warren S D Co /Pa/)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to one or more Borrowers; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the a Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments Availability would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Prime-Based Loans only.
Appears in 1 contract
Samples: Penn Traffic Co
Swing Line Commitment. (a) Subject to the terms and conditions hereof, Chase (in such capacity, the "Swing Line Lender Lender") agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Parent Borrower under the US$ Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Parent Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Parent Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available US$ Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Parent Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate ABR Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. The Borrower shall repay all outstanding Swing Line Loans on the Non-Extending Revolving Credit Termination Date and on the Extending Revolving Credit Termination Date.”
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, BankBoston (in such capacity, the "Swing Line Lender Bank") agrees that, during to make a portion of the Revolving Credit Commitment Period, it will make Working Capital Commitments available to the Borrower in Agent during the form of Working Capital Commitment Period by making swing line loans (“such loans are hereinafter sometimes referred to collectively as the "Swing Line Loans”) " and each singly as a portion "Swing Line Loan" and do not include any of the credit otherwise available Working Capital Loans) to the Borrower under Agent in an aggregate principal amount not to exceed at any one time outstanding the Revolving Credit CommitmentsSwing Line Commitment; provided however, that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower Agent shall not request, and the Swing Line Lender Bank shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount Aggregate Working Capital Outstandings of all of the Available Revolving Credit Banks would exceed the Working Capital Commitments would be less than zeroat such time. During the Revolving Credit Working Capital Commitment Period, the Borrower Agent may use the Swing Line Commitment by borrowing, repaying and reborrowingreborrowing Swing Line Loans, all in accordance with the terms and conditions hereof. Swing Line Loans shall may be Base Rate ABR Loans only. To the extent not otherwise prohibited under this Agreement, the Borrower Agent may convert any Swing Line Loan to a Working Capital Loan by delivering a written notice thereof to the Swing Line Bank.
Appears in 1 contract
Samples: Security Agreement (Fine Host Corp)
Swing Line Commitment. (a) Subject to the terms and conditions hereofhereof (including Section 5), the Swing Line Lender agrees that, during the Revolving Credit Commitment PeriodPeriod (other than on the Closing Date), it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (Local Insight Yellow Pages, Inc.)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans in Dollars (“"Swing Line Loans”") a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and ), (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zerozero and (iii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the Total Revolving Extensions of Credit would exceed the Borrowing Base. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
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Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans (“Swing Line Loans”"SWING LINE LOANS") a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided PROVIDED that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (White Mountains Insurance Group LTD)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) in each case, a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (ii)(x) the aggregate principal amount of Swing Line Loans made by such Swing Line Lender outstanding at any time shall not exceed such Swing Line Lender’s Swing Line Commitment and (y) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then Sublimit (in effect (each case, notwithstanding that the each Swing Line Lender’s Swing Line Loans outstanding at any time, when aggregated with the such Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment Sublimit then in effect or such the applicable Swing Line Lender’s Revolving Credit Commitment then in effect) and ), (ii) the Borrower shall not request, and the each Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zerozero and (iii) the Total Revolving Extensions of Credit shall at no time exceed the Maximum Facility Availability at such time. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
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Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the U.S. Borrower in the form of swing line loans (“"Swing Line Loans”") a portion of the credit otherwise available to the U.S. Borrower under the U.S. Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding U.S. Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's U.S. Revolving Credit Commitment then in effect) and (ii) the U.S. Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available U.S. Revolving Extensions of Credit would exceed the aggregate amount of the U.S. Revolving Credit Commitments would be less than zeroCommitments. During the Revolving Credit Commitment Period, the U.S. Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be U.S. Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (Cott Corp /Cn/)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the each Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the any Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the no Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate ABR Loans only.
Appears in 1 contract
Samples: Delphi Automotive Systems Corp
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Adjusted Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s 's Adjusted Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Imperial Sugar Co /New/
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the each Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that Commitments from time to time during the Commitment Period by making swing line loans (i"Swing Line Loans") the to such Borrower in an aggregate principal amount of Swing Line Loans outstanding not to exceed at any one time shall not exceed outstanding the Swing Line Commitment then in effect (notwithstanding Commitment; provided, however, that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may not exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit 's Commitment then in effect) ; and (ii) provided further, however, that on the Borrower shall not request, and date of the Swing Line Lender shall not make, making of any Swing Line Loan if, after giving effect to the making of such and while any Swing Line LoanLoan is outstanding, the sum of the aggregate principal amount of the Available all outstanding Revolving Credit Loans and Swing Line Loans shall not exceed the total Commitments would be (less than zerothe Commitment of any non-funding Lender referred to in Section 2.9(b)). During the Revolving Credit Commitment PeriodPeriod applicable to each Borrower, the such Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Swing Line Loans Loan shall be Base bear interest at a rate per annum equal to the Federal Funds Rate Loans onlyplus the Applicable Margin.
Appears in 1 contract
Samples: Credit Agreement (Korea Fund Inc)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrowers; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zerozero or the aggregate Revolving Extensions of Credit then outstanding would exceed the Borrowing Base. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, Chase (in such capacity, the "Swing Line Lender Lender") agrees that, to make a portion of the Revolving Credit Commitments available to the Borrower during the Revolving Credit Commitment Period, it will make available Period by making swing line loans ("Swing Line Loans") to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the an aggregate principal amount of Swing Line Loans outstanding not to exceed at any one time shall not exceed outstanding the Swing Line Commitment then in effect (effect, notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with time plus the Swing Line Lender’s other 's outstanding Revolving Credit Loans hereunder, at that time may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s 's Revolving Credit Commitment then in effect) and (ii) at such time; provided that the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount Aggregate Revolving Credit Outstandings of all the Available Lenders would exceed the Revolving Credit Commitments would be less than zeroat such time. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, reborrowing Swing Line Loans all in accordance with the terms and conditions hereof. Swing Line Loans shall may be Base Rate ABR Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such the Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Revolving Credit Commitment Period by making swing line loans (“Swing Line Loans”) to the Borrower; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower in the form of swing line loans (“Swing Line Loans”) denominated in Dollars a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments at such time would be less than zero. During the Revolving Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Samples: Credit Agreement (Tronox Inc)
Swing Line Commitment. (a) ). Subject to the terms and conditions hereof, from time to time during the Availability Period, each Swing Line Lender severally agrees that, during the Revolving Credit Commitment Period, that it will make available to the Borrower in the form of swing line loans funded and repayable solely in Dollars (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that (i) the i)the aggregate principal amount of Swing Line Loans outstanding at any time made by such Swing Line Lender shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect, (ii) such Swing Line Lender’s Revolving Credit Exposure shall not at any time exceed its Revolving Credit Commitment then in effect, (iii) the aggregate principal amount of all outstanding Swing Line Loans shall not at any time exceed the Swing Line Sublimit and (iiiv) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments Availability would be less than zero; provided further, that a Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. During the Revolving Credit Commitment Availability Period, the Borrower may use the borrow, prepay and reborrow Swing Line Commitment by borrowing, repaying and reborrowingLoans, all in accordance with the terms and conditions hereof. Each Borrowing of Swing Line Loans shall be Base Rate Loans onlycomprised entirely of ABR Loans.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Tower International, Inc.)
Swing Line Commitment. (a) Borrowers acknowledge and agree that (i) as of the First Amendment Effective Date, there are no “Swing Line Loans” outstanding under the Existing Credit Agreement. Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will make available to the Borrower Borrowers in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower Borrowers under the Revolving Credit Commitments; provided that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (ii) the Borrower Borrowers shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Credit Commitment Period, the Borrower Borrowers may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the US Revolving Credit Commitment Period, it will make available to the US Borrower in the form of swing line loans funded and repayable solely in Dollars (“Swing Line Loans”) a portion of the credit otherwise available to the US Borrower under the US Revolving Credit Commitments; provided provided, that (i) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s other outstanding US Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s US Revolving Credit Commitment then in effect) and (ii) the US Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available US Revolving Credit Commitments would be less than zero. During the US Revolving Credit Commitment Period, the US Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only.;
Appears in 1 contract
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit CommitmentsCommitments from time to time during the Swing Line Credit Commitment Period by making swing line loans ("Swing Line Loans") to the Borrower; provided provided, that (ia) the aggregate principal amount of Swing Line Loans outstanding at any time shall not exceed the Swing Line Commitment then in effect (notwithstanding that the Swing Line Loans outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit Commitment then in effect) and (iib) the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to the making of such Swing Line Loan, the aggregate amount of the Available Revolving Credit Commitments would be less than zero. During the Revolving Swing Line Credit Commitment Period, the Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Swing Line Loans shall be Base Rate Loans only. The Borrower may at any time and from time to time prepay all or any portion of the outstanding Swing Line Loans in accordance with Section 2.11.
Appears in 1 contract
Samples: Credit Agreement (Wynn Resorts LTD)
Swing Line Commitment. (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees that, during the Revolving Credit Commitment Period, it will to make available to the each Borrower in the form of swing line loans (“Swing Line Loans”) a portion of the credit otherwise available to the Borrower under the Revolving Credit Commitments; provided that Commitments from time to time during the Commitment Period by making swing line loans (i"Swing Line Loans") the to such Borrower in an aggregate principal amount of Swing Line Loans outstanding not to exceed at any one time shall not exceed outstanding the Swing Line Commitment then in effect (provided, however, notwithstanding that the foregoing the Swing Line Loans made by the Swing Line Lender outstanding at any time, when aggregated with the Swing Line Lender’s 's other outstanding Revolving Credit Loans hereunder, may not exceed the Swing Line Commitment then in effect or such Swing Line Lender’s Revolving Credit 's Commitment then in effect) and (ii) ); provided, further, however, that on the Borrower shall not request, and the Swing Line Lender shall not make, any Swing Line Loan if, after giving effect to date of the making of such any Swing Line Loan, the sum of the aggregate principal amount of the Available all outstanding Revolving Credit Loans and Swing Line Loans shall not exceed the total Commitments would be (less than zerothe Commitment of any non-funding Lender referred to in Section 2.9(b)). During the Revolving Credit Commitment PeriodPeriod applicable to each Borrower, the such Borrower may use the Swing Line Commitment by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof. Each Swing Line Loans Loan shall be Base bear interest at a rate per annum equal to the Federal Funds Rate Loans onlyplus the Applicable Margin.
Appears in 1 contract
Samples: Credit Agreement (Firstar Funds Inc)