Common use of Swing Line Facility Clause in Contracts

Swing Line Facility. (a) The Administrative Agent shall notify the Swing Line Lender upon the Administrative Agent's receipt of any Notice of Borrowing. Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, make available from time to time until the Maturity Date, advances (each, a "Swing Line Loan") in accordance with any such notice, notwithstanding that after making a requested Swing Line Loan, the sum of the Swing Line Lender's Pro Rata Share of the Revolving Loan Outstandings, may exceed the Swing Line Lender's Pro Rata Share of the Revolving Loan Commitment. The provisions of this Section 2.1.3 shall not relieve Lenders of their obligations to make Revolving Loans under Section 2.1.1; provided that if the Swing Line Lender makes a Swing Line Loan pursuant to any such notice, such Swing Line Loan shall be in lieu of any Revolving Loan that otherwise may be made by the Lenders pursuant to such notice. The aggregate amount of Swing Line Loans outstanding shall not exceed at any time Swing Line Availability. Until the Maturity Date, Borrowers may from time to time borrow, repay and reborrow under this Section 2.1.

Swing Line Facility. (a) The Swing Line Facility will be applicable only if there are two or more Lenders. The Administrative Agent shall notify the Swing Line Lender upon the Administrative Agent's ’s receipt of any Notice of Borrowing. Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, make available from time to time until the Maturity Date, Termination Date advances (each, a "“Swing Line Loan"”) in accordance with any such notice, notwithstanding that after making a requested Swing Line Loan, the sum of the Swing Line Lender's ’s Pro Rata Share of the Revolving Loan OutstandingsOutstanding and all outstanding Swing Line Loans, may exceed the Swing Line Lender's ’s Pro Rata Share of the Revolving Loan Commitment. The provisions of this Section 2.1.3 2.2.4 shall not relieve Lenders of their obligations to make Revolving Loans under Section 2.1.1; provided that if the Swing Line Lender makes a Swing Line Loan pursuant to any such notice, such Swing Line Loan shall be in lieu of any Revolving Loan that otherwise may be made by the Lenders pursuant to such notice. The aggregate amount of Swing Line Loans outstanding shall not exceed at any time Swing Line Availability. Until the Maturity Date, Borrowers may from time to time borrow, repay and reborrow under this Section 2.1.any

Swing Line Facility. (ai) The Administrative Agent shall notify the Swing Line Lender upon the Administrative Agent's ’s receipt of any Notice of BorrowingRevolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, make available from time to time until the Maturity Date, Commitment Termination Date advances (each, a "“Swing Line Loan"Advance”) in accordance with any such notice, notwithstanding that after making a requested Swing Line Loan, the sum of the Swing Line Lender's Pro Rata Share of the Revolving Loan Outstandings, may exceed the Swing Line Lender's Pro Rata Share of the Revolving Loan Commitment. The provisions of this Section 2.1.3 1.1(c) shall not relieve Revolving Lenders of their obligations to make Revolving Loans Credit Advances under Section 2.1.11.1(b); provided that if the Swing Line Lender makes a Swing Line Loan Advance pursuant to any such notice, such Swing Line Loan Advance shall be in lieu of any Revolving Loan Credit Advance that otherwise may be made by the Revolving Lenders pursuant to such notice. The aggregate amount of Swing Line Loans Advances outstanding shall not exceed at any time the lesser of (A) the Swing Line Commitment and (B) Borrowing Availability (“Swing Line Availability”). Until the Maturity Commitment Termination Date, Borrowers Borrower may from time to time borrow, repay and reborrow under this Section 2.1.1.1(c). Each Swing Line Advance shall be made pursuant to a Notice of Revolving Credit Advance delivered by Borrower to Agent in

Swing Line Facility. (ai) The Administrative Agent shall notify the Swing Line Lender upon the Administrative Agent's ’s receipt of any Notice of BorrowingRevolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, make available from time to time from the Closing Date until the Maturity Date, Termination Date advances (each, a "“Swing Line Loan"Advance”) in accordance with any such notice, notwithstanding that after making a requested Swing Line Loan, the sum of the Swing Line Lender's Pro Rata Share of the Revolving Loan Outstandings, may exceed the Swing Line Lender's Pro Rata Share of the Revolving Loan Commitment. The provisions of this Section 2.1.3 1.1(c) shall not relieve Revolving Lenders of their obligations to make Revolving Loans Credit Advances under Section 2.1.11.1(a); provided that if the Swing Line Lender makes a Swing Line Loan Advance pursuant to any such notice, such Swing Line Loan Advance shall be in lieu of any Revolving Loan Credit Advance that otherwise may be made by the Revolving Lenders pursuant to such notice. The aggregate amount of Swing Line Loans 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, in each case, less the outstanding balance of the Revolving Loan at such time (“Swing Line Availability”); provided, that, the amount of any Swing Line Advance to be made at any time shall not exceed Borrowing Availability. Until the Maturity Termination Date, Borrowers may from time to time borrow, repay and reborrow under this Section 2.1.this

Swing Line Facility. (a) The Administrative Agent shall notify the Swing Line Lender upon the Administrative Agent's receipt of any Notice of Borrowing. Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, make available advances to be funded from time to time until the Maturity Date, advances Swing Line Commitment (each, each a "“Swing Line Loan"”) without a Notice of Borrowing from the Borrower at the end of each Business day until the Termination Date. In the event that either the Swing Line Lender or the Borrower discontinues the advancement of Swing Line Loans at the end of each Business Day, then the Borrower shall be permitted to manually request the Swing Line Lender make available a Swing Line Loan by submitting a Notice of Borrowing to the Administrative Agent in accordance with any such notice, notwithstanding that after making a requested Swing Line Loan, the Section 2.2.2. The sum of the Swing Line Lender's ’s Pro Rata Share of the Revolving Loan Outstandings, Outstandings (including all outstanding Swing Line Loans) may exceed the Swing Line Lender's ’s Pro Rata Share of the Revolving Loan Commitment. The provisions of this Section 2.1.3 2.2.4 shall not relieve Lenders of their obligations to make Revolving Loans under Section 2.1.1; provided that if the Swing Line Lender makes a Swing Line Loan 2.1.1 pursuant to any such notice, such Swing Line Loan shall be in lieu a Notice of any Revolving Loan that otherwise may be made by the Lenders pursuant to such noticeBorrowing under Section 2.2.2. The aggregate amount of Swing Line Loans outstanding shall not exceed at any time Swing Line Availability. Until the Maturity Termination Date, Borrowers Borrower may from time to time borrow, repay and reborrow under this Section 2.12.2.

Swing Line Facility. (a) The Administrative Agent shall notify the Swing Line Lender upon the Administrative Agent's ’s receipt of any Notice of Borrowing. Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretiondiscretion upon the Company’s request, make available from time to time until the Maturity Date, Termination Date advances (each, a "“Swing Line Loan"”) in accordance with any such notice, notwithstanding that after making a requested Swing Line Loan, the sum of the Swing Line Lender's ’s Pro Rata Share of the Revolving Loan OutstandingsOutstandings and all outstanding Swing Line Loans, may exceed the Swing Line Lender's ’s Pro Rata Share of the Revolving Loan Commitment. The provisions of this Section 2.1.3 2.2.4 shall not relieve Lenders of their obligations to make Revolving Loans under Section 2.1.1; provided that if the Swing Line Lender makes a Swing Line Loan pursuant to any such notice, such Swing Line Loan shall be in lieu of any Revolving Loan that otherwise may be made by the Lenders pursuant to such notice. The aggregate amount of Swing Line Loans outstanding shall not exceed at any time Swing Line Availability. Until the Maturity Termination Date, Borrowers the Company may from time to time borrow, repay and reborrow under this Section 2.1.2.2.4. Each Swing Line Loan shall be made pursuant to a Notice of Borrowing delivered by the Company to the Administrative Agent in accordance with

Swing Line Facility. (a) The Administrative Agent shall notify the Swing Line Lender upon the Administrative Agent's receipt of any Notice of Borrowing. Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, make available from time to time until the Maturity Date, Termination Date advances (each, a "Swing Line Loan") in accordance with any such notice, notwithstanding that after making a requested Swing Line Loan, the sum of the Swing Line Lender's Pro Rata Share of the Revolving Loan OutstandingsOutstanding and all outstanding Swing Line Loans, may exceed the Swing Line Lender's Pro Rata Share of the Revolving Loan Commitment. The provisions of this Section 2.1.3 2.2.4 shall not relieve Lenders of their obligations to make Revolving Loans under Section 2.1.1; provided that if the Swing Line Lender makes a Swing Line Loan pursuant to any such notice, such Swing Line Loan shall be in lieu of any Revolving Loan that otherwise may be made by the Lenders pursuant to such notice. The aggregate amount of Swing Line Loans outstanding shall not exceed at any time the Swing Line Availability. Until the Maturity Termination Date, Borrowers the Company may from time to time borrow, repay and reborrow under this Section 2.12.

Swing Line Facility. (a) The Administrative Agent shall notify the Swing Line Lender upon the Administrative Agent's receipt of any Notice of Borrowing. Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, make available from time to time until the Maturity Date, advances (each, a "Swing Line Loan") in accordance with any such notice, notwithstanding that after making a requested Swing Line Loan, the sum of the Swing Line Lender's Pro Rata Share of the Revolving Loan Outstandings, may exceed the Swing Line Lender's Pro Rata Share of the Revolving Loan Commitment. The provisions of this Section 2.1.3 2.1.5 shall not relieve Lenders of their obligations to make Revolving Loans under Section 2.1.1; provided that if the Swing Line Lender makes a Swing Line Loan pursuant to any such notice, such Swing Line Loan shall be in lieu of any Revolving Loan that otherwise may be made by the Lenders pursuant to such notice. The aggregate amount of Swing Line Loans outstanding shall not exceed at any time Swing Line Availability. Until the Maturity Date, Borrowers Borrower may from time to time borrow, repay and reborrow under this Section 2.12.1.5.

Swing Line Facility. (a) The Administrative Agent shall notify the Swing Line Lender upon the Administrative Agent's receipt of any Notice of Borrowing. Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, make available advances to be funded from time to time until the Maturity Date, advances Swing Line Commitment Amount (each, a "“Swing Line Loan"”) without a Notice of Borrowing from the Borrower at the end of each Business Day until the Termination Date. In the event that either the Swing Line Lender or the Borrower discontinues the advancement of Swing Line Loans at the end of each Business Day, then the Borrower shall be permitted to manually request the Swing Line Lender make available a Swing Line Loan by submitting a Notice of Borrowing to the Administrative Agent in accordance with any such notice, notwithstanding that after making a requested Swing Line Loan, the Section 2.2.2. The sum of the Swing Line Lender's ’s Pro Rata Share of the Revolving Loan Outstandings, Outstanding and all outstanding Swing Line Loans may exceed the Swing Line Lender's ’s Pro Rata Share of the Revolving Loan Commitment. The provisions of this Section 2.1.3 2.2.4 shall not relieve Lenders of their obligations to make Revolving Loans under Section 2.1.1; provided that if the Swing Line Lender makes a Swing Line Loan 2.1.1 pursuant to any such notice, such Swing Line Loan shall be in lieu a Notice of any Revolving Loan that otherwise may be made by the Lenders pursuant to such noticeBorrowing under Section 2.2.2. The aggregate amount of Swing Line Loans outstanding shall not exceed at any time the Swing Line Availability. Until the Maturity Termination Date, Borrowers Borrower may from time to time borrow, repay and reborrow under this Section 2.12.2.

Swing Line Facility. (a) The Administrative Agent shall notify the Swing Line Lender upon the Administrative Agent's receipt of any Notice of Borrowing. Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, make available from time to time until the Maturity Date, Termination Date advances (each, a "Swing Line Loan") in accordance with any such notice, --------------- notwithstanding that after making a requested Swing Line Loan, the sum of the Swing Line Lender's Pro Rata Share of the Revolving Loan OutstandingsOutstanding and all outstanding Swing Line Loans, may exceed the Swing Line Lender's Pro Rata Share of the Revolving Loan Commitment. The provisions of this Section 2.1.3 2.2.4 ------------- shall not relieve Lenders of their obligations to make Revolving Loans under Section 2.1.1; provided that if the Swing Line Lender makes a Swing Line ------------- -------- Loan pursuant to any such notice, such Swing Line Loan shall be in lieu of any Revolving Loan that otherwise may be made by the Lenders pursuant to such notice. The aggregate amount of Swing Line Loans outstanding shall not exceed at any time Swing Line Availability. Until the Maturity Termination Date, Borrowers the Loan Parties may from time to time borrow, repay and reborrow under this Section 2.12.

Swing Line Facility. (a) The Administrative Agent Lender shall notify the Swing Line Lender upon the Administrative AgentLender's receipt of any Notice of Borrowing. Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, make available from time to time until the Maturity Date, Termination Date advances (each, a "Swing Line Loan") in accordance with any such notice, notwithstanding that after making a requested Swing Line Loan, the sum of the Swing Line Lender's Pro Rata Share of the Revolving Loan OutstandingsOutstanding and all outstanding Swing Line Loans, may exceed the Swing Line Lender's Pro Rata Share of the Revolving Loan Commitment. The provisions of this Section 2.1.3 2.2.4 shall not relieve Lenders Lender of their obligations its obligation to make Revolving Loans under Section 2.1.1; provided that if the Swing Line Lender makes a Swing Line Loan pursuant to any such notice, such Swing Line Loan shall be in lieu of any Revolving Loan that otherwise may be made by the Lenders Lender pursuant to such notice. The aggregate amount of Swing Line Loans outstanding shall not exceed at any time Swing Line Availability. Until the Maturity Termination Date, Borrowers the Company may from time to time borrow, repay and reborrow under this Section 2.12.