Common use of Swing Line Commitments Clause in Contracts

Swing Line Commitments. (a) Subject to the terms and conditions hereof and provided no Default or Event of Default shall have occurred and be continuing, JPMorgan Chase Bank agrees to make swing line loans to each Borrower (individually, a “Swing Line Loan”; collectively the “Swing Line Loans”) from time to time during the Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $15,000,000, provided that at no time shall the aggregate principal amount of Swing Line Loans outstanding, when added to JPMorgan Chase Bank’s then Aggregate Outstanding Revolving Extensions of Credit, exceed JPMorgan Chase Bank’s Revolving Credit Commitment. Amounts borrowed under this subsection 2.16 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. Each borrowing of Swing Line Loans shall be in an amount equal to $100,000 or a whole multiple of $100,000 in excess thereof. The applicable Borrower shall give JPMorgan Chase Bank irrevocable notice (which notice must be received by JPMorgan Chase Bank prior to 11:00 A.M., New York City time), on the requested Borrowing Date specifying the amount of the requested Swing Line Loan. The proceeds of the Swing Line Loan will be made available by JPMorgan Chase Bank to the applicable Borrower at the office of JPMorgan Chase Bank by crediting the account of such Borrower at such office with such proceeds. The Swing Line Loans shall mature on the Termination Date and bear interest for the period from the date thereof to the Termination Date on the unpaid principal amount thereof from time to time outstanding the applicable interest rate per annum determined as provided in, and payable as specified in, subsection 2.19.

Swing Line Commitments. (a) Subject to the terms and conditions hereof and provided no Default or Event of Default shall have occurred and be continuinghereof, JPMorgan Chase the Swing Line Bank hereby agrees to make swing line loans to each Borrower the Company (individually, a “Swing Line Loan”; collectively the “Swing Line Loans”) from time to time during the Revolving Credit Commitment Period applicable to the Swing Line Bank in an aggregate principal amount at any one time outstanding not to exceed $15,000,000, the Swing Line Commitment; provided that at no time shall the aggregate unpaid principal amount of all Swing Line Loans, together with the Dollar Amount (determined as of the most recent Revaluation Date) of the aggregate unpaid principal amount of all Revolving Credit Loans, LOC Obligations and all Bid Loans at any one time outstanding, when added to JPMorgan Chase Bank’s then Aggregate Outstanding Revolving Extensions may not exceed the aggregate amount of Credit, exceed JPMorgan Chase Bank’s Revolving Credit Commitmentthe Commitments. Amounts borrowed by the Company under this subsection 2.16 2.19 may be repaid and, through but excluding the Termination DateDate applicable to the Swing Line Bank, reborrowed. All Swing Line Loans shall be made as ABR Base Rate Loans and shall may not be entitled to be converted into Eurodollar LIBOR Loans. Each borrowing of Swing Line Loans shall be in an amount equal to $100,000 5,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof. The applicable Borrower Company shall give JPMorgan Chase Bank the Administrative Agent (which shall promptly notify the Swing Line Bank) irrevocable notice (which notice must be received by JPMorgan Chase Bank the Administrative Agent prior to 11:00 A.M., New York City time), 2:00 p.m. on the requested Borrowing Date specifying the amount of the requested Swing Line LoanLoan to be made by the Swing Line Bank. The proceeds of the each Swing Line Loan will shall be made available by JPMorgan Chase the Swing Line Bank to the applicable Borrower at the office of JPMorgan Chase Bank by crediting Administrative Agent for the account of such Borrower the Company at such the applicable office with such proceedsof the Administrative Agent specified prior to 4:30 p.m. on the requested Borrowing Date. The Immediately upon the making of a Swing Line Loans Loan, each Bank shall mature on the Termination Date be deemed to have purchased, and bear interest for the period hereby irrevocably and unconditionally agrees to purchase, from the date thereof Swing Line Bank a risk participation in such Swing Line Loan in an amount equal to the Termination Date on product of such Bank’s Commitment Percentage times the unpaid principal amount thereof from time to time outstanding the applicable interest rate per annum determined as provided in, and payable as specified in, subsection 2.19of such Swing Line Loan.

Swing Line Commitments. (a) Subject to the terms and conditions hereof hereof, from time to time prior to the Revolving Credit Termination Date and provided no Default or Event of Default shall have occurred and be continuing, JPMorgan Chase Bank to the Sterling Subsidiary Borrowers (i) the Sterling Swing Line Lender agrees to make swing line loans Sterling Swing Line Loans in Sterling in an aggregate principal amount not to exceed the Sterling equivalent of U.S.$20,000,000 at any one time outstanding (each Borrower (of the foregoing individually, a “Sterling Swing Line Loan”; collectively the “Sterling Swing Line Loans”) from time ); provided that, after giving effect to time during the Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $15,000,000making of such Sterling Swing Line Loans, provided that at no time shall the aggregate principal amount of Swing Line Loans outstanding, when added to JPMorgan Chase Bank’s then under any Revolving Facility at any one time outstanding shall not exceed U.S.$100,000,000 and the Aggregate Outstanding Sterling Revolving Extensions of Credit, Credit shall not exceed JPMorgan Chase Bank’s Revolving Credit Commitment. Amounts borrowed under this subsection 2.16 may be repaid and, through but excluding the Termination Date, reborrowedSterling Commitments. All Sterling Swing Line Loans shall be made as ABR Loans and shall not be entitled to be converted into Eurodollar Reference Rate Loans. Each borrowing of Swing Line Loans shall be in an amount equal to $100,000 or a whole multiple of $100,000 in excess thereof. The applicable Borrower relevant Sterling Subsidiary Borrowers shall give JPMorgan Chase Bank the Sterling Administrative Agent irrevocable notice (which notice must be received by JPMorgan Chase Bank the Sterling Administrative Agent at or prior to 11:00 A.M.1:00 P.M., New York City London time), on the requested Borrowing Date (U.K.)), specifying the amount of the each requested Sterling Swing Line Loan, which shall be greater than or equal to a minimum amount to be agreed upon by such Sterling Subsidiary Borrowers and the relevant Sterling Swing Line Lender. Upon such notice, the Sterling Administrative Agent shall promptly notify the Sterling Swing Line Lender thereof. The proceeds of the Sterling Swing Line Loan will be made Lender shall make the amount of each borrowing available by JPMorgan Chase Bank to the applicable Borrower at relevant Sterling Subsidiary Borrowers in the office of JPMorgan Chase Bank manner directed by crediting the account of such Borrower at such office with such proceeds. The Swing Line Loans shall mature Sterling Administrative Agent on the Termination Date and bear interest for the period from the date thereof to the Termination Date on the unpaid principal amount thereof from time to time outstanding the applicable interest rate per annum determined as provided in, and payable as specified in, subsection 2.19requested Borrowing Date.

Swing Line Commitments. (a) Subject to the terms and conditions hereof hereof, from time to time prior to the Revolving Credit Termination Date and provided no Default or Event of Default shall have occurred and be continuing, JPMorgan Chase Bank to the Sterling Subsidiary Borrowers (i) the Sterling Swing Line Lender agrees to make swing line loans Sterling Swing Line Loans in Sterling in an aggregate principal amount not to exceed the Sterling equivalent of U.S.$20,000,000 at any one time outstanding (each Borrower (of the foregoing individually, a “Sterling Swing Line Loan”; collectively the “Sterling Swing Line Loans”) from time ); provided that, after giving effect to time during the Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $15,000,000making of such Sterling Swing Line Loans, provided that at no time shall the aggregate principal amount of Swing Line Loans outstanding, when added to JPMorgan Chase Bank’s then under any Revolving Facility at any one time outstanding shall not exceed U.S.$100,000,000 and the Aggregate Outstanding Sterling Revolving Extensions of Credit, Credit shall not exceed JPMorgan Chase Bank’s Revolving Credit Commitment. Amounts borrowed under this subsection 2.16 may be repaid and, through but excluding the Termination Date, reborrowedSterling Commitments. All Sterling Swing Line Loans shall be made as ABR Loans and shall not be entitled to be converted into Eurodollar Reference Rate Loans. Each borrowing of Swing Line Loans shall be in an amount equal to $100,000 or a whole multiple of $100,000 in excess thereof. The applicable Borrower relevant Sterling Subsidiary Borrowers shall give JPMorgan Chase Bank the Sterling Administrative Agent irrevocable notice (which notice must be received by JPMorgan Chase Bank the Sterling Administrative Agent at or prior to 11:00 A.M.1:00 P.M., New York City London time), on the requested Borrowing Date (U.K.)), specifying the amount of the each requested Sterling Swing Line Loan, which shall be greater than or equal to a minimum amount to be agreed upon by such Sterling Subsidiary Borrowers and the relevant Sterling Swing Line Lender. Upon such notice, the Sterling Administrative Agent shall promptly notify the Sterling Swing Line Lender thereof. The proceeds of the Sterling Swing Line Loan will be made Lender shall make the amount of each borrowing available by JPMorgan Chase Bank to the applicable Borrower at relevant Sterling Subsidiary Borrowers in the office manner directed by the Sterling Administrative Agent on the requested Borrowing Date; provided, notwithstanding the foregoing and without necessity of JPMorgan Chase Bank any notice to Sterling Administrative Agent, any UK Cash Management Advance made by crediting the account of such Borrower at such office with such proceeds. The Sterling Swing Line Lender under the UK Cash Management Agreement shall constitute a Sterling Swing Line Loan, and shall reduce availability for additional Swing Line Loans shall mature on the Termination Date and bear interest for the period from the date thereof under this subsection 2.3 in an amount equal to the Termination Date amount of UK Cash Management Advances hereunder outstanding at any time. The Sterling Swing Line Lender shall give notice to the Sterling Administrative Agent on a daily basis of the unpaid outstanding principal amount thereof from time to time outstanding the applicable interest rate per annum determined as provided in, and payable as specified in, subsection 2.19balance of UK Cash Management Advances.

Swing Line Commitments. (a) Subject to the terms and conditions hereof and provided no Default or Event of Default shall have occurred and be continuinghereof, JPMorgan Chase the Swing Line Bank hereby agrees to make swing line loans to each Borrower the Company (individually, a “Committed Swing Line Loan”; collectively the “Committed Swing Line Loans”; or the “Swing Line Loans”) from time to time during the Revolving Credit Commitment Period applicable to the Swing Line Bank in an aggregate principal amount at any one time outstanding not to exceed $15,000,000, the Swing Line Commitment; provided that at no time shall the aggregate unpaid principal amount of all Swing Line Loans, together with the aggregate unpaid principal amount of all Revolving Credit Loans, LOC Obligations and all Bid Loans at any one time outstanding, when added to JPMorgan Chase Bank’s then Aggregate Outstanding Revolving Extensions may not exceed the aggregate amount of Credit, exceed JPMorgan Chase Bank’s Revolving Credit Commitmentthe Commitments. Amounts borrowed by the Company under this subsection 2.16 2.19 may be repaid and, through but excluding the Termination DateDate applicable to the Swing Line Bank, reborrowed. All Committed Swing Line Loans shall be made as ABR Loans and shall may not be entitled to be converted into Eurodollar Loans. Each borrowing of Swing Line Loans shall be in an amount equal to $100,000 5,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof. The applicable Borrower Company shall give JPMorgan Chase Bank the Administrative Agent (which shall promptly notify the Swing Line Bank) irrevocable notice (which notice must be received by JPMorgan Chase Bank the Administrative Agent prior to 11:00 A.M.2:00 P.M., New York City time), ) on the requested Borrowing Date specifying the amount of the requested Committed Swing Line LoanLoan to be made by the Swing Line Bank. The proceeds of the each Committed Swing Line Loan will shall be made available by JPMorgan Chase the Swing Line Bank to the applicable Borrower at the office of JPMorgan Chase Bank by crediting Administrative Agent for the account of such Borrower the Company at such the applicable office with such proceeds. The Swing Line Loans shall mature of the Administrative Agent specified prior to 4:30 p.m. on the Termination Date and bear interest for the period from the date thereof to the Termination Date on the unpaid principal amount thereof from time to time outstanding the applicable interest rate per annum determined as provided in, and payable as specified in, subsection 2.19requested Borrowing Date.