Common use of Swing Line Commitments Clause in Contracts

Swing Line Commitments. (a) The Swing Line Bank shall, on the terms and subject to the conditions hereinafter set forth (including Section 4.3), make one or more advances (each such advance being a “Swing Line Loan”) to any Floor Plan Borrower from time to time on any Business Day during the period from the Closing Date to the Maturity Date in an aggregate principal amount not to exceed at any time (not including Swing Line Overdraft Loans) the aggregate amount of the Swing Line Commitment as such amount may change from time to time. After giving effect to all Borrowings of Swing Line Loans and Floor Plan Loans requested on any date, the sum of the aggregate principal amount of all outstanding Floor Plan Loans and Swing Line Loans (but excluding Swing Line Overdraft Loans) shall not exceed the Total Floor Plan Loan Commitment (b) All Swing Line Loans (excluding Swing Line Overdraft Loans) shall be evidenced by the Swing Line Note, under which advances, repayments and readvances may be made, subject to the terms and conditions of this Agreement. In no event whatsoever shall any outstanding Swing Line Loan be deemed to reduce, modify or affect any Lender’s obligation to make Floor Plan Loans based upon its Pro Rata Share of Floor Plan Loan Commitments.

Swing Line Commitments. (a) The Subject to the terms and conditions hereof and provided no Default or Event of Default shall have occurred and be continuing, each Swing Line Bank shall, on the terms and subject hereby agrees to make swing line loans to the conditions hereinafter set forth Company (including Section 4.3)individually, make one or more advances (each such advance being a “"Committed Swing Line Loan”"; collectively the "Committed Swing Line Loans" and together with the Uncommitted Swing Line Loans, the "Swing Line Loans") to any Floor Plan Borrower from time to time on any Business Day during the period from the Closing Date to the Maturity Date Commitment Period in an aggregate principal amount at any one time outstanding not to exceed the Swing Line Commitment of such Swing Line Bank; provided that the aggregate unpaid principal amount of all Swing Line Loans, together with the aggregate unpaid principal amount of all Revolving Credit Loans and all Bid Loans at any one time (outstanding, may not including Swing Line Overdraft Loans) exceed the aggregate amount of the Commitments and provided further that the aggregate unpaid principal amount of all Swing Line Loans and Revolving Credit Loans made by any Swing Line Bank shall not exceed the Commitment of such Swing Line Bank. Amounts borrowed by the Company under this subsection 2.19 may be repaid and, through but excluding the Termination Date, reborrowed. All Committed Swing Line Loans shall be made as such amount ABR Loans and may change from time to timenot be converted into Eurodollar Loans. After giving effect to all Borrowings Each borrowing of Swing Line Loans and Floor Plan Loans requested on any date, the sum of the aggregate principal amount of all outstanding Floor Plan Loans and Swing Line Loans (but excluding Swing Line Overdraft Loans) shall not exceed the Total Floor Plan Loan Commitment (b) All Swing Line Loans (excluding Swing Line Overdraft Loans) shall be evidenced by the Swing Line Note, under which advances, repayments and readvances may be made, subject to the terms and conditions of this Agreement. In no event whatsoever shall any outstanding Swing Line Loan be deemed to reduce, modify or affect any Lender’s obligation to make Floor Plan Loans based upon its Pro Rata Share of Floor Plan Loan Commitments.in an amount

Swing Line Commitments. (a) The Swing Line Bank shall, on Subject to the terms and subject conditions hereof, the Swing Line Lender agrees to the conditions hereinafter set forth make swing line loans (including Section 4.3)individually, make one or more advances (each such advance being a “"Swing Line Loan”"; collectively, the "Swing Line Loans") to any Floor Plan the Borrower from time to time on any Business Day during the period from the Closing Date to the Maturity Date Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $5,000,000, provided that at any no time (not including may the sum of the then outstanding Swing Line Overdraft Loans, Revolving Credit Loans and L/C Obligations exceed the Revolving Credit Commitments. Amounts borrowed by the Borrower under this Section 2.5 may be repaid and, through but excluding the Termination Date, reborrowed. All Swing Line Loans shall be made as ABR Loans and shall not be entitled to be converted into Eurodollar Loans. The Borrower shall give the Swing Line Lender irrevocable notice (which notice must be received by the Swing Line Lender prior to 12:30 PM, New York City time) on the aggregate requested Borrowing Date specifying the amount of the requested Swing Line Loan which shall be in a minimum amount of $100,000 or a whole multiple of $50,000 in excess thereof. The proceeds of the Swing Line Commitment as such amount may change from time to time. After giving effect to all Borrowings of Swing Line Loans and Floor Plan Loans requested on any date, the sum of the aggregate principal amount of all outstanding Floor Plan Loans and Swing Line Loans (but excluding Swing Line Overdraft Loans) shall not exceed the Total Floor Plan Loan Commitment (b) All Swing Line Loans (excluding Swing Line Overdraft Loans) shall will be evidenced made available by the Swing Line Note, under which advances, repayments and readvances may be made, subject Lender to the terms and conditions Borrower at the office of this Agreement. In no event whatsoever shall any outstanding the Swing Line Loan be deemed to reduce, modify or affect any Lender’s obligation to make Floor Plan Loans based upon its Pro Rata Share Lender by crediting the account of Floor Plan Loan Commitmentsthe Borrower at such office with such proceeds in Dollars.

Swing Line Commitments. (a) The Swing Line Bank shall, on the terms and subject to the conditions hereinafter set forth (including Section 4.3), make one or more advances (each such advance being a “"Swing Line Loan”") to any Floor Plan Borrower from time to time on any Business Day during the period from the Closing Date to the Maturity Date in an aggregate principal amount not to exceed at any time (not including Swing Line Overdraft Loans) the aggregate amount of the Swing Line Commitment as such amount may change from time to time. After Floor Plan Loan Commitments of all the Banks; provided, however, that after giving effect to all Borrowings of Swing Line Loans and all Floor Plan Loans requested on any date, the sum of the aggregate principal amount of all outstanding Floor Plan Loans and Swing Line Loans (but excluding Swing Line Overdraft Loans) shall not exceed the Total aggregate amount of the then applicable aggregate Floor Plan Loan Commitment (b) Commitments. All Swing Line Loans (excluding including the Swing Line Overdraft Loans) shall be evidenced by the Swing Line Note, under which advances, repayments and readvances may be made, subject to the terms and conditions of this Agreement. Each Swing Line Loan shall mature and the principal amount thereof shall be due and payable by the applicable Floor Plan Borrower, as the case may be, on the last day of the Interest Period applicable thereto. In no event whatsoever shall any outstanding Swing Line Loan be deemed to reduce, modify or affect any Lender’s obligation to make Floor Plan Loans based upon its Pro Rata Share of Floor Plan Loan Commitments.to

Swing Line Commitments. (a) The Swing Line Bank shall, on Subject to the terms and subject conditions hereof and relying upon the agreements of the Revolving Lenders set forth in this Section 2.3, the Swing Line Lender agrees, in its sole discretion, make Swing Line Loans to the conditions hereinafter set forth (including Section 4.3), make one Borrower at any time or more advances (each such advance being a “Swing Line Loan”) to any Floor Plan Borrower from time to time on any Business Day during the period from after the Closing Date to to, but not including, the Maturity Date in an aggregate principal amount not with respect to exceed at the Revolving Credit Facility; provided, that after giving effect to any time (not including such Swing Line Overdraft LoansLoan, (i) the aggregate amount of the Swing Line Commitment as such amount may change from time to time. After giving effect to all Borrowings of Swing Line Loans and Floor Plan Loans requested on any date, the sum of the aggregate principal amount of all outstanding Floor Plan Loans and Swing Line Loans (but excluding Swing Line Overdraft Loans) shall not exceed the Total Floor Plan Swing Line Commitment, and (ii) the Revolving Credit Facility Usage shall not exceed the Revolving Commitments. Each request by the Borrower for a Swing Line Loan Commitment (b) All shall be deemed to be a representation by the Borrower that it is in compliance with the proviso at the end of the preceding sentence and with Article IV after giving effect to the requested Swing Line Loan. Within such limits of time and amount and subject to the other provisions of this Agreement, the Borrower may borrow, repay and reborrow Swing Line Loans (excluding in accordance with to this Section 2.3. The Borrower shall not use the proceeds of any Swing Line Overdraft Loans) shall be evidenced by the Swing Line Note, under which advances, repayments and readvances may be made, subject Loan to the terms and conditions of this Agreement. In no event whatsoever shall refinance any outstanding Swing Line Loan Loan. If at any time the aggregate principal balance of the Swing Line Loans then outstanding exceeds the Swing Line Commitment, the Borrower shall be deemed to reduce, modify or affect any Lender’s obligation have requested the Revolving Lenders to make Floor Plan Revolving Loans based upon its Pro Rata Share in the amount of Floor Plan Loan Commitmentsthe difference in the manner and pursuant to the terms of Section 2.2(b).