Common use of Swing Line Loan Borrowing Procedures Clause in Contracts

Swing Line Loan Borrowing Procedures. In the case of Swing Line Loans: (a) By telephonic notice to the applicable Swing Line Lender not later than 12:00 noon on a Business Day (followed (within one Business Day) by the delivery of a confirming Borrowing Request), the applicable Borrower may from time to time irrevocably request that Swing Line Loans be made by such Swing Line Lender in an aggregate minimum principal amount of $500,000 (or, in the case of Canadian Swing Line Loans denominated in Canadian Dollars, Cdn$500,000) and in an integral multiple of $100,000 (or, in the case of Canadian Swing Line Loans denominated in Canadian Dollars, Cdn$100,000). All Swing Line Loans shall be made as Base Rate Loans and shall not be entitled to be converted into Fixed Rate Loans. The proceeds of each Swing Line Loan shall be made available by the applicable Swing Line Lender to the applicable Borrower by wire transfer to the account such Borrower shall have specified in its notice therefor not later than 4:00 p.m. on the Business Day telephonic notice is received by the applicable Swing Line Lender. (b) If (i) any Swing Line Loan shall be outstanding for more than three Business Days, (ii) any Swing Line Loan to a Borrower is or will be outstanding on a date when such Borrower requests that a Revolving Loan be made, or (iii) any Default shall occur and be continuing, then each Revolving Loan Lender with a Revolving Loan Commitment under the Facility applicable to such Swing Line Loan (other than the Swing Line Lender) irrevocably agrees that it will, at the request of the U.S. Swing Line Lender or Canadian Swing Line Lender, as the case may be, make a Revolving Loan (which shall initially be funded as a Base Rate Loan) in the same Currency as such Swing Line Loan and in an amount equal to such Lender's applicable Revolving Loan Percentage of the aggregate principal amount of all such Swing Line Loans then outstanding (such outstanding Swing Line Loans of such Currency hereinafter referred to as the "Refunded Swing Line Loans"). Not later than 2:00 p.m. on the first Business Day following receipt by each Revolving Loan Lender of a request to make Revolving Loans as provided in the preceding sentence, each such Revolving Loan Lender shall deposit in an account specified by the U.S. Swing Line Lender or Canadian Swing Line Lender, as the case may be, the amount so requested in same day funds and such funds shall be applied by such Swing Line Lender to repay the Refunded Swing Line Loans. At the time the applicable Revolving Loan Lenders make the above referenced Revolving Loans, the U.S. Swing Line Lender or Canadian Swing Line Lender, as the case may be, shall be deemed to have made, in consideration of the making of the Refunded Swing Line Loans, Revolving Loans in an amount equal to such Swing Line Lender's applicable Revolving Loan Percentage of the aggregate principal amount of such Refunded Swing Line Loans. Upon the making (or deemed making, in the case of the Swing Line Lenders) of any Revolving Loans pursuant to this clause (b), the amount so funded shall become outstanding under such Revolving Loan Lender's U.S. Revolving Note or Canadian Revolving Note, as the case may be, and shall no longer be owed under the U.S. Swing Line Note or Canadian Swing Line Note, as the case may be. All interest payable with respect to any Revolving Loans made (or deemed made, in the case of the Swing Line Lenders) pursuant to this clause (b) shall be appropriately adjusted to reflect the period of time during which the applicable Swing Line Lender had outstanding Swing Line Loans in respect of which such Revolving Loans were made. Each Revolving Loan Lender's obligation to make the Revolving Loans referred to in this clause (b) shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the applicable Swing Line Lender, any Obligor or any Person for any reason whatsoever; (ii) the occurrence or continuance of any Default; (iii) any adverse change in the condition (financial or otherwise) of any Obligor; (iv) the acceleration or maturity of any Obligations or the termination of any Commitment after the making of any related Swing Line Loan; (v) any breach of any Loan Document by any Person; or (vi) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing. (c) The applicable Swing Line Lender and applicable Borrower may modify the manner of providing notice and the timing of notices and payments set forth in this Section 2.3.2 without the consent of any other Lender, provided that such modifications could not reasonably be expected to have an adverse effect on the other Lenders.

Swing Line Loan Borrowing Procedures. In the case of Swing Line Loans: (a) By telephonic notice to the applicable Swing Line Lender not later than 12:00 noon on a Business Day (followed (within one Business Day) by the delivery of a confirming Borrowing Request), the applicable Borrower may from time to time irrevocably request that Swing Line Loans be made by such the Swing Line Lender in an aggregate minimum principal amount of $500,000 (or, in the case of Canadian Swing Line Loans denominated in Canadian Dollars, Cdn$500,000) and in an integral multiple of $100,000 (or, in the case of Canadian Swing Line Loans denominated in Canadian Dollars, Cdn$100,000)100,000. All Swing Line Loans shall be made as Alternate Base Rate Loans and shall not be entitled to be converted into Fixed Rate Eurodollar Loans. The proceeds of each Swing Line Loan shall be made available by the applicable Swing Line Lender to the applicable Borrower by wire transfer to the account such the Borrower shall have specified in its notice therefor not later than 4:00 p.m. on the Business Day telephonic notice is received by the applicable Swing Line Lender. (b) If (i) any Swing Line Loan shall be outstanding for more than three Business Days, (ii) any Swing Line Loan to a Borrower is or will be outstanding on a date when such the Borrower requests that a Revolving Loan be made, or (iii) any Default shall occur and be continuing, then each Revolving Loan Lender with a Revolving Loan Commitment under the Facility applicable to such Swing Line Loan (other than the Swing Line Lender) irrevocably agrees that it will, at the request of the U.S. Swing Line Lender or Canadian Swing Line Lender, as the case may be, make a Revolving Loan (which shall initially be funded as a an Alternate Base Rate Loan) in the same Currency as such Swing Line Loan and in an amount equal to such Lender's applicable Revolving Loan Percentage of the aggregate principal amount of all such Swing Line Loans then outstanding (such outstanding Swing Line Loans of such Currency hereinafter referred to as the "Refunded Swing Line Loans"). Not later than 2:00 1:00 p.m. on the first Business Day following receipt by each Revolving Loan Lender of a request to make Revolving Loans as provided in the preceding sentence, each such Revolving Loan Lender shall deposit in an account specified by the U.S. Swing Line Lender or Canadian Swing Line Lender, as the case may be, the amount so requested in same day funds and such funds shall be applied by such the Swing Line Lender to repay the Refunded Swing Line Loans. At the time the applicable Revolving Loan Lenders make the above referenced Revolving Loans, Loans the U.S. Swing Line Lender or Canadian Swing Line Lender, as the case may be, shall be deemed to have made, in consideration of the making of the Refunded Swing Line Loans, Revolving Loans in an amount equal to such the Swing Line Lender's applicable Revolving Loan Percentage of the aggregate principal amount of such the Refunded Swing Line Loans. Upon the making (or deemed making, in the case of the Swing Line LendersLender) of any Revolving Loans pursuant to this clause (b), the amount so funded shall become outstanding under such Revolving Loan Lender's U.S. Revolving Note or Canadian Revolving Note, as the case may be, and shall no longer be owed under the U.S. Swing Line Note or Canadian Swing Line Note, as the case may be. All interest payable with respect to any Revolving Loans made (or deemed made, in the case of the Swing Line LendersLender) pursuant to this clause (b) shall be appropriately adjusted to reflect the period of time during which the applicable Swing Line Lender had outstanding Swing Line Loans in respect of which such Revolving Loans were made. Each Revolving Loan Lender's obligation to make the Revolving Loans referred to in this clause (b) shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the applicable Swing Line Lender, any Obligor or any Person for any reason whatsoever; (ii) the occurrence or continuance of any Default; (iii) any adverse change in the condition (financial or otherwise) of any Obligor; (iv) the acceleration or maturity of any Obligations or the termination of any Commitment after the making of any related Swing Line Loan; (v) any breach of any Loan Document by any Person; or (vi) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing. (c) The applicable Swing Line Lender and applicable Borrower may modify the manner of providing notice and the timing of notices and payments set forth in this Section 2.3.2 without the consent of any other Lender, provided that such modifications could not reasonably be expected to have an adverse effect on the other Lenders.

Swing Line Loan Borrowing Procedures. In the case of Swing Line Loans: (a) By telephonic notice to the applicable Swing Line Lender not later than 12:00 noon 2:00 p.m. on a Business Day (followed (within one Business Day) by the delivery of a confirming Borrowing Request), the applicable Borrower may from time to time irrevocably request that Swing Line Loans be made by such the Swing Line Lender in an aggregate minimum principal amount of $500,000 (or, in the case of Canadian Swing Line Loans denominated in Canadian Dollars, Cdn$500,000) [________] and in an integral multiple of $100,000 (or, in the case of Canadian Swing Line Loans denominated in Canadian Dollars, Cdn$100,000)[________]. All Swing Line Loans shall be made as Alternate Base Rate Loans and shall not be entitled to be converted into Fixed Rate Eurodollar Loans. The proceeds of each Swing Line Loan shall be made available by the applicable Swing Line Lender to the applicable Borrower by wire transfer to the account such the Borrower shall have specified in its notice therefor not later than 4:00 p.m. [10:00 a.m.] on the Business Day telephonic notice is received by the applicable Swing Line Lender. (b) If (i) any Swing Line Loan shall be outstanding for more than three Business Days, (ii) any Swing Line Loan to a Borrower is or will be outstanding on a date when such the Borrower requests that a Revolving Loan be made, or (iii) any Default shall occur and be continuing, then each Revolving Loan Lender with a Revolving Loan Commitment under the Facility applicable to such Swing Line Loan (other than the Swing Line Lender) irrevocably agrees that it will, at the request of the U.S. Swing Line Lender or Canadian Swing Line Lender, as the case may be, make a Revolving Loan (which shall initially be funded as a an Alternate Base Rate Loan) in the same Currency as such Swing Line Loan and in an amount equal to such Lender's applicable Revolving Loan Percentage of the aggregate principal amount of all such Swing Line Loans then outstanding (such outstanding Swing Line Loans of such Currency hereinafter referred to as the "Refunded Swing Line Loans"). Not later than 2:00 1:00 p.m. on the first Business Day following receipt by each Revolving Loan Lender of a request to make Revolving Loans as provided in the preceding sentence, each such Revolving Loan Lender shall deposit in an account specified by the U.S. Swing Line Lender or Canadian Swing Line Lender, as the case may be, the amount so requested in same day funds and such funds shall be applied by such the Swing Line Lender to repay the Refunded Swing Line Loans. At the time the applicable Revolving Loan Lenders make the above referenced Revolving Loans, Loans the U.S. Swing Line Lender or Canadian Swing Line Lender, as the case may be, shall be deemed to have made, in consideration of the making of the Refunded Swing Line Loans, Revolving Loans in an amount equal to such the Swing Line Lender's applicable Revolving Loan Percentage of the aggregate principal amount of such the Refunded Swing Line Loans. Upon the making (or deemed making, in the case of the Swing Line LendersLender) of any Revolving Loans pursuant to this clause (b), the amount so funded shall become outstanding under such Revolving Loan Lender's U.S. Revolving Note or Canadian Revolving Note, as the case may be, and shall no longer be owed under the U.S. Swing Line Note or Canadian Swing Line Note, as the case may be. All interest payable with respect to any Revolving Loans made (or deemed made, in the case of the Swing Line LendersLender) pursuant to this clause (b) shall be appropriately adjusted to reflect the period of time during which the applicable Swing Line Lender had outstanding Swing Line Loans in respect of which such Revolving Loans were made. Each Revolving Loan Lender's obligation to make the Revolving Loans referred to in this clause (b) shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the applicable Swing Line Lender, any Obligor or any Person for any reason whatsoever; (ii) the occurrence or continuance of any Default; (iii) any adverse change in the condition (financial or otherwise) of any Obligor; (iv) the acceleration or maturity of any Obligations or the termination of any Commitment after the making of any related Swing Line Loan; (v) any breach of any Loan Document by any Person; or (vi) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing. (c) The applicable Swing Line Lender and applicable Borrower may modify the manner of providing notice and the timing of notices and payments set forth in this Section 2.3.2 without the consent of any other Lender, provided that such modifications could not reasonably be expected to have an adverse effect on the other Lenders.

Swing Line Loan Borrowing Procedures. In the case of Swing Line Loans: (a) By telephonic notice to the applicable Swing Line Lender not later than 12:00 noon on a Business Day (followed (within one Business Day) by the delivery of a confirming Borrowing Request), the applicable Borrower may from time to time irrevocably request that Swing Line Loans be made by such Swing Line Lender in an aggregate minimum principal amount of $500,000 (or, in the case of Canadian Swing Line Loans denominated in Canadian Dollars, Cdn$500,000Cdn $500,000) and in an integral multiple of $100,000 (or, in the case of Canadian Swing Line Loans denominated in Canadian Dollars, Cdn$100,000Cdn $100,000). All Swing Line Loans shall be made as Base Rate Loans and shall not be entitled to be converted into Fixed Rate Loans. The proceeds of each Swing Line Loan shall be made available by the applicable Swing Line Lender to the applicable Borrower by wire transfer to the account such Borrower shall have specified in its notice therefor not later than 4:00 p.m. on the Business Day telephonic notice is received by the applicable Swing Line Lender. (b) If (i) any Swing Line Loan shall be outstanding for more than three Business Days, (ii) any Swing Line Loan to a Borrower is or will be outstanding on a date when such Borrower requests that a Revolving Loan be made, or (iii) any Default shall occur and be continuing, then each Revolving Loan Lender with a Revolving Loan Commitment under the Facility applicable to such Swing Line Loan (other than the Swing Line Lender) irrevocably agrees that it will, at the request of the U.S. Swing Line Lender or Canadian Swing Line Lender, as the case may be, make a Revolving Loan (which shall initially be funded as a Base Rate Loan) in the same Currency as such Swing Line Loan and in an amount equal to such Lender's applicable Revolving Loan Percentage of the aggregate principal amount of all such Swing Line Loans then outstanding (such outstanding Swing Line Loans of such Currency hereinafter referred to as the "Refunded Swing Line Loans"). Not later than 2:00 p.m. on the first Business Day following receipt by each Revolving Loan Lender of a request to make Revolving Loans as provided in the preceding sentence, each such Revolving Loan Lender shall deposit in an account specified by the U.S. Swing Line Lender or Canadian Swing Line Lender, as the case may be, the amount so requested in same day funds and such funds shall be applied by such Swing Line Lender to repay the Refunded Swing Line Loans. At the time the applicable Revolving Loan Lenders make the above referenced Revolving Loans, the U.S. Swing Line Lender or Canadian Swing Line Lender, as the case may be, shall be deemed to have made, in consideration of the making of the Refunded Swing Line Loans, Revolving Loans in an amount equal to such Swing Line Lender's applicable Revolving Loan Percentage of the aggregate principal amount of such Refunded Swing Line Loans. Upon the making (or deemed making, in the case of the Swing Line Lenders) of any Revolving Loans pursuant to this clause (b), the amount so funded shall become outstanding under such Revolving Loan Lender's U.S. Revolving Note or Canadian Revolving Note, as the case may be, and shall no longer be owed under the U.S. Swing Line Note or Canadian Swing Line Note, as the case may be. All interest payable with respect to any Revolving Loans made (or deemed made, in the case of the Swing Line Lenders) pursuant to this clause (b) shall be appropriately adjusted to reflect the period of time during which the applicable Swing Line Lender had outstanding Swing Line Loans in respect of which such Revolving Loans were made. Each Revolving Loan Lender's obligation to make the Revolving Loans referred to in this clause (b) shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the applicable Swing Line Lender, any Obligor or any Person for any reason whatsoever; (ii) the occurrence or continuance of any Default; (iii) any adverse change in the condition (financial or otherwise) of any Obligor; (iv) the acceleration or maturity of any Obligations or the termination of any Commitment after the making of any related Swing Line Loan; (v) any breach of any Loan Document by any Person; or (vi) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing. (c) The applicable Swing Line Lender and applicable Borrower may modify the manner of providing notice and the timing of notices and payments set forth in this Section 2.3.2 without the consent of any other Lender, provided that such modifications could not reasonably be expected to have an adverse effect on the other Lenders.