Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the Borrowing Base less the outstanding balance of the Revolving Loan at such time ("Swing Line Availability"). Until the Commitment Termination Date, Borrower may from time to time borrow, repay and reborrow under this Section 1.1(e). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance delivered to Agent by Borrower in accordance with Section 1.1(a). Those notices must be given no later than 11:00 a.m. (Chicago time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index Rate Loan. Borrower shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.
Appears in 2 contracts
Samples: Credit Agreement (Code Alarm Inc), Credit Agreement (Code Alarm Inc)
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Written Notice of requesting a Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Maturity Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the aggregate Borrowing Base less the outstanding balance of the Revolving Loan and Letter of Credit Obligations at such time ("Swing Line Availability"). Until the Commitment Termination Maturity Date, Borrower Borrowers may from time to time borrow, repay and reborrow under this Section 1.1(e2.1(c). Each Swing Line Advance shall be made pursuant to a Written Notice of Revolving Credit Advance delivered to Agent by a Borrower in accordance with Section 1.1(a)2.4(a) hereof. Those notices must be given no later than 11:00 a.m. 12:00 noon (Chicago New York time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index a Base Rate LoanAdvance and a Revolving Advance. Borrower Borrowers shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.
Appears in 2 contracts
Samples: Credit Agreement (Finlay Fine Jewelry Corp), Credit Agreement (Finlay Enterprises Inc /De)
Swing Line Facility. (i) Administrative Agent shall notify the Swing Line Lender upon Administrative Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the lesser of the Maximum Amount and (except for Overadvances) the Borrowing Base Base, in each case, less the outstanding balance of the Revolving Loan at such time ("Swing Line Availability"). Until the Commitment Termination Date, Borrower may from time to time borrow, repay and reborrow under this Section 1.1(e1.1(c). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance advance delivered to Agent by Borrower to Administrative Agent in accordance with Section 1.1(a). Those notices must be given no later than 11:00 a.m. (Chicago New York time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index Rate Loan. Borrower shall repay the aggregate outstanding principal amount of the Swing Line Loan on the Commitment Termination Date, or upon demand therefor by Administrative Agent, in which event such Swing Line Loan shall be deemed converted to a Revolving Credit Advance.
Appears in 1 contract
Samples: Credit Agreement (Playcore Inc)
Swing Line Facility. (ia) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (Ai) the Borrowing Base minus the sum of the Revolving Credit Loan and Letter of Credit Obligations outstanding at such time and reserves established by Agent in accordance with this Agreement and (ii) the Swing Line Commitment and (B) the Borrowing Base less the outstanding balance of the Revolving Loan at such time ("Swing Line Availability"). Until the Commitment Termination Date, Borrower may from time to time borrow, repay and reborrow under this Section 1.1(e1.4(a). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance advance delivered by Borrower to Agent by Borrower in accordance with Section 1.1(a). Those notices must be given no later than 11:00 11:30 a.m. (Chicago time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index Rate Loan. Borrower shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.
Appears in 1 contract
Samples: Credit Agreement (Artra Group Inc)
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, shall make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) consisting only of Tranche A Revolving Loans (each, a "Swing Line Advance") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the lesser of the Tranche A Maximum Amount and the Tranche A Borrowing Base Base, in each case, less the outstanding balance of the Tranche A Revolving Loan at such time and Letter of Credit Obligations outstanding at such time ("Swing Line Availability"). Until the Commitment Termination Date, Borrower may from time to time borrow, repay and reborrow under this Section 1.1(e1.1(b). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance delivered to Agent by Borrower to Agents in accordance with Section 1.1(a). Those notices must be given no later than 11:00 a.m. (Chicago New York time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an a Tranche A Index Rate Loan. Borrower Loan and shall repay be funded as a Tranche A Index Rate Loan in accordance with the aggregate outstanding principal amount last sentence of the Swing Line Loan upon demand therefor by AgentSection 1.1(a)(iii).
Appears in 1 contract
Swing Line Facility. (i) i)Administrative Agent shall notify the Swing Line Lender upon Administrative Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line AdvanceSWING LINE ADVANCE") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the Borrowing Base less the outstanding balance of the Revolving Loan at such time ("Swing Line AvailabilitySWING LINE AVAILABILITY"). Until the Commitment Termination Date, Borrower Borrowers may from time to time borrow, repay and reborrow under this Section 1.1(eSECTION 1.1(c). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance delivered to Agent by Borrower Representative to Administrative Agent in accordance with Section SECTION 1.1(a). Those notices must be given no later than 11:00 a.m. 12:00 noon (Chicago time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index Rate Loan. Borrower Borrowers shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by AgentAdministrative Agent and in any case with the proceeds of any Revolving Credit Advance made thereafter.
Appears in 1 contract
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the lesser of the Maximum Amount and the Borrowing Base Base, in each case, less the outstanding balance of the Revolving Credit Loan at such time ("Swing Line Availability"). Until the Commitment Termination Date, Borrower may from time to time borrow, repay (including repayment from proceeds from any Revolving Credit Loan which is a LIBO Rate Loan) and reborrow under this Section 1.1(e1.1(c). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance delivered by Borrower to Agent by Borrower in accordance with Section 1.1(a1.1(a)(iii). Those notices must be given no later than 11:00 a.m. (Chicago New York time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index Rate Loan. Borrower shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.
Appears in 1 contract
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's ’s receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "“Swing Line Advance"”) in accordance with any such notice. The provisions of this Section 1.1(c) shall not relieve Revolving Lenders of their obligations to make Revolving Credit Advances under Section 1.1(a); provided that if the Swing Line Lender makes a Swing Line Advance pursuant to any such notice, such Swing Line Advance shall be in lieu of any Revolving Credit Advance that otherwise may be made by Revolving Credit Lenders pursuant to such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed at any time the lesser of (A) the Swing Line Commitment and (B) the lesser of the Maximum Amount and (except for Overadvances) the Borrowing Base Base, in each case, less the outstanding balance of the Revolving Loan at such time ("“Swing Line Availability"”). Until the Commitment Termination Date, Borrower Borrowers may from time to time borrow, repay and reborrow under this Section 1.1(e1.1(c). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance delivered to Agent by Borrower Representative on behalf of the applicable Borrower in accordance with Section 1.1(a). Those notices must be given no later than 11:00 a.m. (Chicago time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index Rate Loan. Borrower shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.with
Appears in 1 contract
Samples: Credit Agreement (Handleman Co /Mi/)
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the lesser of the Maximum Amount and (except for Overadvances) the Aggregate Borrowing Base Base, in each case, less the outstanding balance of the Revolving Loan at such time ("Swing Line Availability"). Moreover, except for Overadvances, the Swing Line Loan outstanding to any Borrower shall not exceed at any time that Borrower's separate Borrowing Base less the Revolving Loan outstanding to such Borrower. Until the Commitment Termination Date, Borrower Borrowers may from time to time borrow, repay and reborrow under this Section 1.1(e1.1(c). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance delivered to Agent by Borrower Representative on behalf of the applicable Borrower in accordance with Section 1.1(a). Those notices must be given no later than 11:00 a.m. 12:00 noon (Chicago time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index Rate Loan. Borrower Borrowers shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.
Appears in 1 contract
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such noticenotice or pursuant to Agent's Cash Management System. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the Borrowing Base less the outstanding balance of the Revolving Loan at such time ("Swing Line Availability"). Until the Commitment Termination Date, Borrower Borrowers may from time to time borrow, repay and reborrow under this Section 1.1(e1.1 (d). Each Swing Line Advance shall be made either pursuant (a) to the Agent's Cash Management System or (b) to a Notice of Revolving Credit Advance delivered to Agent by Borrower Representative on behalf of the applicable Borrower in accordance with Section 1.1(a1.1 (a). Those notices A Notice of Revolving Credit Advance must be given no later than 11:00 a.m. 12:00 p.m. (Chicago Manchester, New Hampshire time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index a Prime Rate Loan. Borrower Borrowers shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.
Appears in 1 contract
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the Aggregate Borrowing Base less the outstanding balance of the Revolving Loan at such time ("Swing Line Availability"). Moreover, the Swing Line Loan outstanding to any Borrower shall not exceed at any time that Borrower's separate Borrowing Base less the Revolving Loan outstanding to such Borrower. Until the Commitment Termination Date, Borrower Borrowers may from time to time borrow, repay and reborrow under this Section 1.1(e1.1(c). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance delivered to Agent by Borrower Representative on behalf of the applicable Borrower in accordance with Section 1.1(a). Those notices must be given no later than 11:00 a.m. (Chicago time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index Rate Loan. Borrower Borrowers shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.
Appears in 1 contract
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such noticenotice or pursuant to Agent's Cash Management System. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the Borrowing Base less the outstanding balance of the Revolving Loan at such time ("Swing Line Availability"). Until the Commitment Termination Date, Borrower may from time to time borrow, repay and reborrow under this Section 1.1(e1.1 (d). Each Swing Line Advance shall be made either pursuant (a) to the Agent's Cash Management System or (b) to a Notice of Revolving Credit Advance delivered to Agent by Borrower in accordance with Section 1.1(a1.1 (a). Those notices A Notice of Revolving Credit Advance must be given no later than 11:00 a.m. 12:00 p.m. (Chicago Boston, Massachusetts time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index a Prime Rate Loan. Borrower shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.
Appears in 1 contract
Samples: Credit Agreement (Green Mountain Coffee Roasters Inc)
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of Revolving Credit Advance/Borrowing Base Certificate. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, shall make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) consisting only of Tranche A Revolving Loans (each, a "Swing Line Advance") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the lesser of the Tranche A Maximum Amount and the Tranche A Borrowing Base Base, in each case, less the outstanding balance of the Tranche A Revolving Loan at such time ("Swing Line Availability"). Until the Commitment Termination Date, Borrower may from time to time borrow, repay and reborrow under this Section 1.1(e1.1(b). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance Advance/Borrowing Base Certificate delivered to Agent by Borrower to Agents in accordance with Section 1.1(a). Those notices must be given no later than 11:00 a.m. (Chicago New York time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an a Tranche A Index Rate Loan. Borrower Loan and shall repay be funded as a Tranche A Index Rate Loan in accordance with the aggregate outstanding principal amount last sentence of the Swing Line Loan upon demand therefor by AgentSection 1.1(a)(iii).
Appears in 1 contract
Samples: In Possession Credit Agreement (Filenes Basement Corp)
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Written Notice of requesting a Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Maturity Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the aggregate Borrowing Base less the outstanding balance of the Revolving Loan and Letter of Credit Obligations at such time ("Swing Line Availability"). Until the Commitment Termination Maturity Date, Borrower may from time to time borrow, repay and reborrow under this Section 1.1(e2.1(c). Each Swing Line Advance shall be made pursuant to a Written Notice of Revolving Credit Advance delivered to Agent by Borrower in accordance with Section 1.1(a)2.4(a) hereof. Those notices must be given no later than 11:00 a.m. 12:00 noon (Chicago New York time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index a Base Rate LoanAdvance and a Revolving Advance. Borrower shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.
Appears in 1 contract
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's ’s receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "“Swing Line Advance"”) in accordance with any such notice. The provisions of this Section 1.1(c) shall not relieve Revolving Lenders of their obligations to make Revolving Credit Advances under Section 1.1(b); provided that if the Swing Line Lender makes a Swing Line Advance pursuant to any such notice, such Swing Line Advance shall be in lieu of any Revolving Credit Advance that otherwise may be made by Revolving Lenders pursuant to such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed at any time the lesser of (A) the Swing Line Commitment and (B) the Borrowing Base less the outstanding balance of the Revolving Loan at such time Availability ("“Swing Line Availability"”). Until the Commitment Termination Date, Borrower may from time to time borrow, repay and reborrow under this Section 1.1(e1.1(c). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance delivered by Borrower to Agent by Borrower in accordance with Section 1.1(a). Those notices must be given no later than 11:00 a.m. (Chicago time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index Rate Loan. Borrower shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.in
Appears in 1 contract
Samples: Credit Agreement (TNS Inc)
Swing Line Facility. (i) Administrative Agent shall notify the Swing Line Lender upon Administrative Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the Aggregate Borrowing Base less the outstanding balance of the Revolving Loan plus 65% of the Eligible Trade L/C Obligations at such time ("Swing Line Availability"). Moreover, the Swing Line Loan outstanding to any Borrower shall not exceed at any time that Borrower's separate Borrowing Base less the Revolving Loan outstanding to such Borrower plus 65% of the Eligible Trade L/C Obligations of such Borrower. Until the Commitment Termination Date, Borrower Borrowers may from time to time borrow, repay and reborrow under this Section 1.1(e1.1(b). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance delivered to Administrative Agent by Borrower Representative on behalf of the applicable Borrower in accordance with Section 1.1(a). Those notices must be given no later than 11:00 a.m. (Chicago New York time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index Rate Loan. Borrower Borrowers shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Administrative Agent.
Appears in 1 contract
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line AdvanceSWING LINE ADVANCE") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) (except for Overadvances) the lesser of the Maximum Amount and the Aggregate Borrowing Base Base, in each case, less the outstanding balance of the Revolving Loan at such time ("SWING LINE AVAILABILITY"). Moreover, except for Overadvances, the Swing Line Availability")Loan outstanding to any Borrower shall not exceed at any time that Borrower's separate Borrowing Base less the Revolving Loan outstanding to such Borrower. Until the Commitment Termination Date, Borrower Borrowers may from time to time borrow, repay and reborrow under this Section 1.1(eSECTION 1.1(c). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance delivered to Agent by Borrower Representative on behalf of the applicable Borrower in accordance with Section SECTION 1.1(a). Those notices must be given no later than 11:00 a.m. noon. (Chicago New York time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index Rate Loan. Borrower Borrowers shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.
Appears in 1 contract
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Written Notice of requesting a Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Maturity Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the Aggregate Borrowing Base less the outstanding balance of the Revolving Loan and Letter of Credit Obligations at such time ("Swing Line Availability"). Until the Commitment Termination Maturity Date, Borrower Borrowers may from time to time borrow, repay and reborrow under this Section 1.1(e2.1(c). Each Swing Line Advance shall be made pursuant to a Written Notice of Revolving Credit Advance delivered to Agent by Borrower Representative in accordance with Section 1.1(a)2.4(a) hereof. Those notices must be given no later than 11:00 a.m. 12:00 noon (Chicago New York time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index a Base Rate LoanAdvance and a Revolving Advance. Borrower Borrowers shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.
Appears in 1 contract
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such notice. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the lesser of the Maximum Amount and (except for Overadvances) the Borrowing Base Base, in each case, less the outstanding balance of the Revolving Loan at such time ("Swing Line Availability"). Until the Commitment Termination Date, Borrower may from time to time borrow, repay and reborrow under this Section 1.1(e1.1(b). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance advance delivered by Borrower to Agent by Borrower in accordance with Section 1.1(a). Those notices must be given no later than 11:00 a.m. (Chicago time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index Rate Loan. Borrower shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.
Appears in 1 contract
Samples: Credit Agreement (United Shipping & Technology Inc)
Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date revolving credit advances (other than revolving credit advances made under Section 1.1(a)) (each, a "Swing Line Advance") in accordance with any such noticenotice or pursuant to Agent's Cash Management System. The aggregate amount of Swing Line Advances outstanding shall not exceed the lesser of (A) the Swing Line Commitment and (B) the Borrowing Base less the outstanding balance of the Revolving Loan at such time ("Swing Line Availability"). Until the Commitment Termination Date, Borrower Borrowers may from time to time borrow, repay and reborrow under this Section 1.1(e1.1 (d). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance delivered to Agent by Borrower Representative on behalf of the applicable Borrower in accordance with Section 1.1(a1.1 (a). Those - 38 - notices must be given no later than 11:00 a.m. 12:00 p.m. (Chicago Manchester, New Hampshire time) on the Business Day of the proposed Swing Line Advance. Notwithstanding any other provision of this Agreement or the other Loan Documents, the Swing Line Loan shall constitute an Index Rate Loan. Borrower Borrowers shall repay the aggregate outstanding principal amount of the Swing Line Loan upon demand therefor by Agent.
Appears in 1 contract
Samples: Credit Agreement (Wpi Group Inc)