Common use of Swing Line Facility Clause in Contracts

Swing Line Facility. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.03, shall make loans (each such loan, a “Swing Line Loan”) to each Borrower, in Dollars, from time to time on any Business Day during the Availability Period, in an aggregate amount not to exceed, at any time outstanding, the amount of the Swing Line Sublimit; provided, that, (i) after giving effect to any Swing Line Loan, (A) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, (B) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Revolving Commitment, and (C) the Total Revolving Outstandings of any Borrower shall not exceed such Borrower’s Borrower Sublimit, and (ii) no Borrower shall use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, each Borrower may borrow under this Section 2.03, prepay under Section 2.04, and reborrow under this Section 2.03. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Lender shall be deemed, 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: (I) such Lender’s Applicable Percentage; times (II) the amount of such Swing Line Loan.

Swing Line Facility. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Revolving A Lenders set forth in this Section 2.032.04, shall may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to each Borrower, the Company in Dollars, Dollars from time to time on any Business Day during the Availability Period, Period in an aggregate amount not to exceed, exceed at any time outstanding, outstanding the amount of the Swing Line Sublimit; provided, thathowever, (i) that after giving effect to any Swing Line Loan, (Ai) the Total Revolving A Outstandings shall not exceed the Aggregate Revolving A Commitments, (ii) the aggregate Revolving A Exposure of any Revolving A Lender shall not exceed such Revolving A Lender's Revolving A Commitment and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, (B) and provided, further, that the Revolving Credit Exposure of any Lender Company shall not exceed such Lender’s Revolving Commitment, and (C) the Total Revolving Outstandings of any Borrower shall not exceed such Borrower’s Borrower Sublimit, and (ii) no Borrower shall use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, each Borrower the Company may borrow under this Section 2.032.04, prepay under Section 2.042.05, and reborrow under this Section 2.032.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving A Lender shall be deemeddeemed to, and hereby irrevocably and unconditionally agreesagrees to, to purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of: (I) of such Revolving A Lender’s 's Applicable Percentage; Percentage times (II) the amount of such Swing Line Loan.

Swing Line Facility. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.03, shall make loans (each such loan, a “Swing Line Loan”) to each the Borrower, in Dollars, from time to time on any Business Day during the Availability Period, in an aggregate amount not to exceed, at any time outstanding, the amount of the Swing Line Sublimit; provided, that, (i) after giving effect to any Swing Line Loan, (A) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, and (B) the Revolving Credit Exposure of any Lender shall not exceed such LenderXxxxxx’s Revolving Commitment, and (Cii) the Total Revolving Outstandings of any Borrower shall not exceed such Borrower’s Borrower Sublimit, and (ii) no Borrower shall use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, each the Borrower may borrow under this Section 2.03, prepay under Section 2.04, and reborrow under this Section 2.03. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Lender shall be deemed, 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: (I) such Lender’s Applicable Percentage; times multiplied by (II) the amount of such Swing Line Loan.

Swing Line Facility. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.032.04, shall make loans (each such loan, a “Swing Line Loan”) to each Borrower, Borrower in Dollars, Dollars from time to time on any Business Day during the Availability Period, Period in an aggregate amount not to exceed, exceed at any time outstanding, outstanding the amount of the Swing Line Sublimit; provided, thathowever, (i) that after giving effect to any Swing Line Loan, (Ai) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, (Bii) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Revolving Commitment, Commitment and (Ciii) the Total Revolving Outstandings of any Borrower shall not exceed such Borrower’s Borrower Sublimit, and (ii) provided, further, that no Borrower shall use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, each Borrower may borrow under this Section 2.032.04, prepay under Section 2.042.05, and reborrow under this Section 2.032.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Lender shall be deemeddeemed to, and hereby irrevocably and unconditionally agreesagrees to, to purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of: (I) of such Lender’s Applicable Percentage; Percentage times (II) the amount of such Swing Line Loan.

Swing Line Facility. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.03, shall make loans (each such loan, a “Swing Line Loan”) to each Borrower, in Dollars, from time to time on any Business Day during the Availability Period, in an aggregate amount not to exceed, at any time outstanding, the amount of the Swing Line Sublimit; provided, that, (i) after giving effect to any Swing Line Loan, (A) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, (B) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Revolving Commitment, and (C) the Total Revolving Outstandings of any Borrower shall not exceed such Borrower’s Borrower Sublimit, and (ii) no Borrower shall use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, each Borrower may borrow under this Section 2.03, prepay under Section 2.04, and reborrow under this Section 2.03. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Lender shall be deemed, 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: (I) such Lender’s Applicable Percentage; times multiplied by (II) the amount of such Swing Line Loan.

Swing Line Facility. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.032.04, shall may in its sole discretion, make loans (each such loan, a “Swing Line Loan”) to each Borrower, any U.S. Borrower in Dollars, Dollars from time to time on any Business Day during the Availability Period, Period in an aggregate amount not to exceed, exceed at any time outstanding, outstanding the amount of the Swing Line Sublimit; provided, thathowever, that (ix) after giving effect to any Swing Line Loan, (Ai) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, and (Bii) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Revolving Commitment, Commitment and (Cy) the Total Revolving Outstandings of any Borrower Swing Line Lender shall not exceed such Borrower’s Borrower Sublimit, and (ii) no Borrower shall use the proceeds of be under any obligation to make any Swing Line Loan to refinance any outstanding Swing Line Loanif it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, each U.S. Borrower may borrow under this Section 2.032.04, prepay under Section 2.042.05, and reborrow under this Section 2.032.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Lender shall be deemeddeemed to, and hereby irrevocably and unconditionally agreesagrees to, to purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of: (I) of such Lender’s Applicable Percentage; Percentage times (II) the amount of such Swing Line Loan.

Swing Line Facility. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Revolving A Lenders set forth in this Section 2.032.04, shall may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to each Borrower, the Company in Dollars, Dollars from time to time on any Business Day during the Availability Period, Period in an aggregate amount not to exceed, exceed at any time outstanding, outstanding the amount of the Swing Line Sublimit; provided, thathowever, (i) that after giving effect to any Swing Line Loan, (Ai) the Total Revolving A Outstandings shall not exceed the Aggregate Revolving A Commitments, (ii) the aggregate Revolving A Exposure of any Revolving A Lender shall not exceed such Revolving A Lender’s Revolving A Commitment and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, (B) and provided, further, that the Revolving Credit Exposure of any Lender Company shall not exceed such Lender’s Revolving Commitment, and (C) the Total Revolving Outstandings of any Borrower shall not exceed such Borrower’s Borrower Sublimit, and (ii) no Borrower shall use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, each Borrower the Company may borrow under this Section 2.032.04, prepay under Section 2.042.05, and reborrow under this Section 2.032.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving A Lender shall be deemeddeemed to, and hereby irrevocably and unconditionally agreesagrees to, to purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of: (I) of such Revolving A Lender’s Applicable Percentage; Percentage times (II) the amount of such Swing Line Loan.

Swing Line Facility. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.032.04, shall make loans (each such loan, a “Swing Line Loan”) to each Borrower, the Borrower in Dollars, Dollars from time to time on any Business Day during the Availability Period, Period in an aggregate amount not to exceed, exceed at any time outstanding, outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Revolving Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Commitment; provided, thathowever, (i) that after giving effect to any Swing Line Loan, (Ai) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, (Bii) the aggregate Outstanding Amount of the Revolving Credit Exposure Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Commitment, Commitment and (Ciii) during the Cash Collateral Period, the Total Revolving Outstandings of any Borrower shall not exceed such Borrower’s Borrower Sublimit, and (ii) no Borrower shall use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, each Borrower may borrow under this Section 2.03, prepay under Section 2.04, and reborrow under this Section 2.03. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Lender shall be deemed, 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: (I) such Lender’s Applicable Percentage; times (II) the amount of such Swing Line LoanCash Collateral Amount.

Swing Line Facility. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.03, shall make loans (each such loan, a “Swing Line Loan”) to each Borrower, in Dollars, from time to time on any Business Day during the Availability Period, in an aggregate amount not to exceed, at any time outstanding, the amount of the Swing Line Sublimit; provided, that, (i) after giving effect to any Swing Line Loan, (A) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, (B) the Revolving Credit Exposure of any Lender shall not exceed such LenderXxxxxx’s Revolving Commitment, and (C) the Total Revolving Outstandings of any Borrower shall not exceed such Borrower’s Borrower Sublimit, and (ii) no Borrower shall use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, each Borrower may borrow under this Section 2.03, prepay under Section 2.04, and reborrow under this Section 2.03. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Lender shall be deemed, 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: (I) such Lender’s Applicable Percentage; times multiplied by (II) the amount of such Swing Line Loan.. CHAR1\0000000x0 2

Swing Line Facility. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.032.04, shall may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to each Borrower, the Borrower in Dollars, Dollars from time to time on any Business Day during the Availability Period, Period in an aggregate amount not to exceed, exceed at any time outstanding, outstanding the amount of the Swing Line Sublimit; provided, thathowever, (i) that after giving effect to any Swing Line Loan, (Ai) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, and (Bii) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Revolving Commitment, and (C) provided, further, that the Total Revolving Outstandings of any Borrower shall not exceed such Borrower’s Borrower Sublimit, and (ii) no Borrower shall use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, each the Borrower may borrow under this Section 2.032.04, prepay under Section 2.042.05, and reborrow under this Section 2.032.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Lender shall be deemeddeemed to, and hereby irrevocably and unconditionally agreesagrees to, to purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of: (I) of such Lender’s Applicable Percentage; Percentage times (II) the amount of such Swing Line Loan.

Swing Line Facility. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.03, shall make loans (each such loan, a “Swing Line Loan”) to each the Borrower, in Dollars, from time to time on any Business Day during the Availability Period, in an aggregate amount not to exceed, at any time outstanding, the amount of the Swing Line Sublimit; provided, that, (i) after giving effect to any Swing Line Loan, (A) the Total Revolving Outstandings shall not exceed the Aggregate Revolving 147741845_5 Commitments, and (B) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Revolving Commitment, and (Cii) the Total Revolving Outstandings of any Borrower shall not exceed such Borrower’s Borrower Sublimit, and (ii) no Borrower shall use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, each the Borrower may borrow under this Section 2.03, prepay under Section 2.04, and reborrow under this Section 2.03. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Lender shall be deemed, 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: (I) such Lender’s Applicable Percentage; times multiplied by (II) the amount of such Swing Line Loan.