Common use of Swing Line Loan Clause in Contracts

Swing Line Loan. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance on the agreements of the Revolving Lenders set forth in this Section 2.03, agrees to make Swing Line Loans to the Borrower from time to time on any Business Day during the Revolving Commitment Period, in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided, that after giving effect to any Swing Line Loan, (a) the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, (b) the Total Utilization of Revolving Commitments of any Revolving Lender, shall not exceed such Lender’s Revolving Commitment, and (c) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan by the Swing Line Lender, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a participation in such Swing Line Loan in an amount equal to such Revolving Lender’s Pro Rata Share of the amount of such Swing Line Loan.

Swing Line Loan. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance on the agreements of the Revolving Lenders set forth in this Section 2.03, agrees to make Swing Line Loans in Dollars to the Borrower from time to time on any Business Day during the Revolving Commitment Period, in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; providedprovided that, that after giving effect to any Swing Line Loan, , (ai) the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, , (bii) the Total Utilization of Revolving Commitments of any Revolving Lender, shall not exceed such Lender’s Revolving Commitment, and and (ciii) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan by the Swing Line Lender, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a participation in such Swing Line Loan in an amount equal to such Revolving Lender’s Pro Rata Share of the amount of such Swing Line Loan.

Swing Line Loan. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance on the agreements of the Revolving Lenders set forth in this Section 2.03, agrees to make Swing Line Loans in Dollars to the Borrower from time to time on any Business Day during the Revolving Commitment Period, in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; providedprovided that, that after giving effect to any Swing Line Loan, , (ai) the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, , (bii) the Total Utilization of Revolving Commitments of any Revolving Lender, shall not exceed such Lender’s Revolving Commitment, and Commitment and (ciii) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan by the Swing Line Lender, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a participation in such Swing Line Loan in an amount equal to such Revolving Lender’s Pro Rata Share of the amount of such Swing Line Loan.

Swing Line Loan. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance on the agreements of the Revolving Lenders set forth in this Section 2.03, agrees to make Swing Line Loans in Dollars or Canadian Dollars to the US Borrower from time to time on any Business Day during the Revolving Commitment Period, in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; providedprovided that, that after giving effect to any Swing Line Loan, , (ai) the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, , (bii) the Total Utilization of Revolving Commitments of any Revolving Lender, Lender shall not exceed such LenderXxxxxx’s Revolving Commitment, and Commitment and (ciii) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the US Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan by the Swing Line Lender, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a participation in such Swing Line Loan in an amount equal to such Revolving Lender’s Pro Rata Share of the amount of such Swing Line Loan.

Swing Line Loan. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance on the agreements of the Revolving Lenders set forth in this Section 2.03, agrees to make Swing Line Loans to the Borrower from time to time on any Business Day during the Revolving Commitment Period, in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; providedprovided that, that after giving effect to any Swing Line Loan, , (ai) the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, , (bii) the Total Utilization of Revolving Commitments of any Revolving Lender, shall not exceed such Lender’s Revolving Commitment, and Commitment and (ciii) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan by the Swing Line Lender, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a participation in such Swing Line Loan in an amount equal to such Revolving Lender’s Pro Rata Share of the amount of such Swing Line Loan.

Swing Line Loan. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance on the agreements of the Revolving Lenders set forth in this Section 2.03, agrees to make Swing Line Loans denominated in Dollars to the Borrower from time to time on any Business Day during the Revolving Commitment Period, in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; providedprovided that, that after giving effect to any Swing Line Loan, , (ai) the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, Line Cap, (bii) the Total Utilization of Revolving Commitments of any Revolving Lender, Lender shall not exceed such Lender’s Revolving Commitment, and Commitment and (ciii) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan by the Swing Line Lender, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a participation in such Swing Line Loan in an amount equal to such Revolving Lender’s Pro Rata Share of the amount of such Swing Line Loan.

Swing Line Loan. Subject to (i) The Treasury Manager may request of the terms Agent that Swing Line Bank make, and conditions set forth herein, the Swing Line LenderBank may, in reliance on its sole discretion provided that the agreements requirements of Section 2.7 are complied with by the Revolving Lenders set forth in this Section 2.03Borrowers at the time of such request, agrees to make make, Swing Line Loans to the Borrower Borrowers from time to time on any Business Day during the Revolving Commitment Period, period from the Effective Date until the Termination Date in an aggregate principal amount not to exceed at any time outstanding date the lesser of (A) $10,000,000 (the "Swing Line Facility") and (B) the aggregate of the unused portions of the Commitments of the Banks as of such date. Each Bank's Commitment shall be deemed utilized by an amount equal to such Bank's pro rata share (based on such Bank's Commitment) of each Swing Line Loan for purposes of determining the amount of Revolving Credit Loans required to be made by such Bank. Swing Line Loans shall bear interest at the Interbank Offered Rate or the Negotiated Rate, as the Borrowers may elect hereunder. Within the limits of the Swing Line Sublimit; providedFacility, so long as the Swing Line Bank, in its sole discretion, elects to make Swing Line Loans, the Borrowers may borrow and reborrow under this Section 2.1(b)(i). (ii) The Swing Line Bank may at any time in its sole and absolute discretion require that after giving effect to any Swing Line Loan be refunded by a Revolving Credit Loan, (a) , and upon notice thereof by the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, (b) the Total Utilization of Revolving Commitments of any Revolving Lender, shall not exceed such Lender’s Revolving Commitment, and (c) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject Agent to the terms Company and conditions set forth hereinthe Banks, the Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan by the Swing Line Lender, each Revolving Lender Borrowers shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from to have requested a Revolving Credit Loan bearing interest at the Swing Line Lender a participation in such Swing Line Loan Floating Rate in an amount equal to such Revolving Lender’s Pro Rata Share of the amount of any such Swing Line Loan and such Revolving Credit Loan shall be made to refund such Swing Line Loan. Each Bank shall be absolutely and unconditionally obligated (except as set forth in Section 2.1(b)(i)) to fund its pro rata share (based on such Bank's Commitment) of such Revolving Credit Loan and such obligation shall not be affected by any circumstance, including, without limitation, (i) any set-off, counterclaim, recoupment, defense or other right which such Bank or the Company or any of its Subsidiaries may have against the Swing Line Bank, any Borrower or any of their respective Subsidiaries or anyone else for any reason whatsoever; (ii) the occurrence or continuance of a Default or an Event of Default; (iii) any adverse change in the condition (financial or otherwise) of any Borrower or any of its Subsidiaries; (iv) any breach of this Agreement by any Borrower or any of their respective Subsidiaries or any other Bank; or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing (including any Borrower's failure to satisfy any conditions contained in Article 2 or any other provision of this Agreement).

Swing Line Loan. Subject to the terms and conditions set forth herein, (i) The Company may request the Swing Line LenderBank to make, and the Swing Line Bank may in reliance on its sole discretion (provided that the agreements requirements of Section 2.6 are complied with by the Revolving Lenders set forth in this Section 2.03Company with respect to such request) make, agrees to make Swing Line Loans to the Borrower Company (in Dollars or, in the case of any Eurocurrency Rate Loan, in any other Permitted Currency) from time to time on any Business Day (but limited to one such Advance per Business Day) during the Revolving Commitment Period, period from the Effective Date until the Termination Date in an aggregate principal amount not to exceed at any time outstanding date the lesser of (A) $10,000,000 (the "Swing Line Facility") and (B) the aggregate of the unused portions of the Commitments of the Banks as of such date. Each Bank's Commitment shall be deemed utilized by an amount equal to such Bank's pro rata share (based on such Bank's Commitment) of each Swing Line Loan for purposes of determining the amount of Revolving Credit Advances required to be made by such Bank. Within the limits of the Swing Line Sublimit; providedFacility, so long as the Swing Line Bank, in its sole discretion, elects to make Swing Line Loans, the Company may borrow and reborrow under this Section 2.1(b)(i). (ii) The Swing Line Bank may at any time in its sole and absolute discretion require that after giving effect to any Swing Line Loan be refunded by a Revolving Credit Loan which is a Floating Rate Loan, (a) the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, (b) the Total Utilization of Revolving Commitments of any Revolving Lender, shall not exceed such Lender’s Revolving Commitment, and (c) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan notice thereof by the Swing Line LenderBank (through the Administrative Agent) to the Company and the Banks, each Revolving Lender the Company shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from to have requested a Revolving Credit Loan bearing interest at the Swing Line Lender a participation in such Swing Line Loan Floating Rate in an amount equal to such Revolving Lender’s Pro Rata Share of the amount of any such Swing Line Loan, and such Revolving Credit Loan shall be made to refund such Swing Line Loan. Each Bank shall be absolutely and unconditionally obligated (except as set forth in Section 2.1(b)(i)) to fund its pro rata share (based on such Bank's Commitment) of such Revolving Credit Loan and such obligation shall not be affected by any circumstance, including, without limitation, (i) any set-off, counterclaim, recoupment, defense or other right which such Bank or the Company or any of its Subsidiaries may have against the Swing Line Bank, the Company or any of its Subsidiaries or anyone else for any reason whatsoever; (ii) the occurrence or continuance of a Default or an Event of Default; (iii) any adverse change in the condition (financial or otherwise) of the Company or any of its Subsidiaries; (iv) any breach of this Agreement by the Company or any of its Subsidiaries or any other Bank; or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing (including the Company's failure to satisfy any conditions contained in Article II or any other provision of this Agreement).

Swing Line Loan. Subject to the terms and conditions set forth herein, (i) Any Borrower may request the Swing Line LenderBank to make, and the Swing Line Bank may, in reliance on its sole discretion provided that the agreements requirements of Section 2.6 are complied with by the Revolving Lenders set forth in this Section 2.03Borrowers at the time of such request, agrees to make make, Swing Line Loans to the any Borrower from time to time on any Business Day during the Revolving Commitment Period, period from the Effective Date until the Termination Date in an aggregate principal amount not to exceed at any time outstanding date the lesser of (A) $25,000,000 (the "Swing Line Facility") and (B) the aggregate of the unused portions of the Commitments of the Banks as of such date. Each Bank's Commitment shall be deemed utilized by an amount equal to such Bank's pro rata share (based on such Bank's Commitment) of each Swing Line Loan for purposes of determining the amount of Revolving Credit Advances required to be made by such Bank, but no Bank's Commitment shall be deemed utilized for purposes of determining commitment fees under Section 2.3(a)(i). Swing Line Loans shall bear interest at the Floating Rate or at the Swing Line Rate, as elected by the Borrower requesting such Loan pursuant to Section 2.4. Within the limits of the Swing Line Sublimit; providedFacility, so long as the Swing Line Bank, in its sole discretion, elects to make Swing Line Loans, the Borrowers may borrow and reborrow under this Section 2.1(b)(i). (ii) The Swing Line Bank may at any time in its sole and absolute discretion require that after giving effect to any Swing Line Loan be refunded by a Revolving Credit Loan which is a Floating Rate Loan, (a) the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, (b) the Total Utilization of Revolving Commitments of any Revolving Lender, shall not exceed such Lender’s Revolving Commitment, and (c) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan written notice thereof by the Swing Line LenderBank to the Agent, each Revolving Lender the Banks and the Borrower for any such Swing Line Loan, such Borrower shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from to have requested a Revolving Credit Loan for the Swing Line Lender a participation in account of such Borrower for any such Swing Line Loan bearing interest at the Floating Rate, as the Floating Rate may change from time to time, in an amount equal to the amount of any such Swing Line Loan, and such Revolving Lender’s Pro Rata Share Credit Loan shall be made to refund such Swing Line Loan. Each Bank shall be absolutely and unconditionally obligated (except as set forth in Section 2.1(b)(i)) to fund its pro rata share (based on such Bank's Commitment) of such Revolving Credit Loan or, if applicable, purchase a participating interest in the Swing Line Loans pursuant to Section 2.1(b)(iii) and such obligation shall not be affected by any circumstance, including, without limitation, (A) any set-off, counterclaim, recoupment, defense or other right which such Bank or any Borrower or any of their respective Subsidiaries may have against the Agent, any Borrower or any of their respective Subsidiaries or anyone else for any reason whatsoever; (B) the occurrence or continuance of a Default or an Event of Default, subject to Section 2.1(b)(iii); (C) any adverse change in the condition (financial or otherwise) of any Borrower or any of its Subsidiaries; (D) any breach of this Agreement by any Borrower or any of their respective Subsidiaries or any other Bank; or (E) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing (including any Borrower's failure to satisfy any conditions contained in Article II or any other provision of this Agreement). (iii) If, for any reason (including without limitation as a result of the occurrence of an Event of Default with respect to any Borrower pursuant to Section 6.1(i)), Revolving Credit Loans may not be made by the Banks as described in Section 2.1(b)(ii), then (A) each Borrower agrees that each Swing Line Loan not paid pursuant to Section 2.1(b)(ii) shall bear interest, payable on demand by the Agent, at the Overdue Rate then applicable to Floating Rate Loans, and (B) effective on the date each such Revolving Credit Loan would otherwise have been made, each Bank severally agrees that it shall unconditionally and irrevocably, without regard to the occurrence of any Default or Event of Default, in lieu of deemed disbursement of loans, to the extent of such Bank's Commitment, purchase a participating interest in the Swing Line Loans by paying its participation percentage thereof. Each Bank will immediately transfer to the Agent, in same day funds, the amount of its participation. Each Bank shall share on a pro rata basis (calculated by reference to its Commitment) in any interest which accrues thereon and in all repayments thereof. If and to the extent that any Bank shall not have so made the amount of such participating interest available to the Agent, such Bank and the Borrower of such Swing Line LoanLoan severally agree to pay to the Agent forthwith on demand such amount together with interest thereon, for each day from the date of demand by the Agent until the date such amount is paid to the Agent, at (x) in the case of any Borrower, at the interest rate specified above and (y) in the case of such Bank, the Federal Funds Rate.

Swing Line Loan. Subject to the terms and conditions set forth herein, (i) Any Borrower may request the Swing Line LenderBank to make, and the Swing Line Bank may, in reliance on its sole discretion provided that the agreements requirements of Section 2.6 are complied with by the Revolving Lenders set forth in this Section 2.03Borrowers at the time of such request, agrees to make make, Swing Line Loans to the any Borrower from time to time on any Business Day during the Revolving Commitment Period, period from the Effective Date until the Termination Date in an aggregate principal amount not to exceed at any time outstanding date the lesser of (A) $10,000,000 (or the Dollar Equivalent thereof in any other Permitted Currency) (the "Swing Line Facility") and (B) the aggregate of the unused portions of the Commitments of the Banks as of such date. Each Bank's Commitment shall be deemed utilized by an amount equal to such Bank's pro rata share (based on such Bank's Commitment) of each Swing Line Loan for purposes of determining the amount of Revolving Credit Advances required to be made by such Bank, but no Bank's Commitment, other than the Swing Line Bank, shall be deemed utilized for purposes of determining commitment fees under Section 2.3(a)(i). Swing Line Loans shall bear interest at the Floating Rate or at the Swing Line Rate, as elected by the Borrower requesting such Loan pursuant to Section 2.4. Within the limits of the Swing Line Sublimit; providedFacility, so long as the Swing Line Bank, in its sole discretion, elects to make Swing Line Loans, the Borrowers may borrow and reborrow under this Section 2.1(b)(i) (ii) The Swing Line Bank may at any time in its sole and absolute discretion require that after giving effect to any Swing Line Loan, (a) Loan be refunded by a Revolving Credit Loan which is, in the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, (b) the Total Utilization of Revolving Commitments case of any Revolving Lender, shall not exceed such Lender’s Revolving Commitment, and (c) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line denominated in Dollars, a Floating Rate Loan. Within , and in the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making case of a any Swing Line Loan in any other Permitted Currency, a Eurocurrency Rate Loan in the same Permitted Currency in which such Swing Line Loan is denominated, and upon written notice thereof by the Swing Line LenderBank to the Agent, each Revolving Lender the Banks and the Borrower for any such Swing Line Loan, such Borrower shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from to have requested a Revolving Credit Loan for the account of such Borrower for any such Swing Line Lender a participation Loan bearing interest at the Floating Rate or Eurocurrency Rate with an Interest Period of one month, as provided above, in an amount equal to the amount of any such Swing Line Loan in an amount equal the same Permitted Currency in which such Swing Line Loan is denominated (unless a Default or Event of Default has occurred and is continuing at which time all Swing Line Loans being refunded under this Section 2.1(b)(ii) or Section 2.1(b)(iii) may, at the option of the Required Banks, be converted to Dollars), and such Revolving Lender’s Pro Rata Share Credit Loan shall be made to refund such Swing Line Loan. Each Bank shall be absolutely and unconditionally obligated (except as set forth in Section 2.1(b)(i)) to fund its pro rata share (based on such Bank's Commitment) of such Revolving Credit Loan or, if applicable, purchase a participating interest in the Swing Line Loans pursuant to Section 2.1(b)(iii) and such obligation shall not be affected by any circumstance, including, without limitation, (A) any set-off, counterclaim, recoupment, defense or other right which such Bank or any Borrower or any of their respective Subsidiaries may have against the Agent, any Borrower or any of their respective Subsidiaries or anyone else for any reason whatsoever; (B) the occurrence or continuance of a Default or an Event of Default, subject to Section 2.1(b)(iii); (C) any adverse change in the condition (financial or otherwise) of any Borrower or any of its Subsidiaries; (D) any breach of this Agreement by any Borrower or any of their respective Subsidiaries or any other Bank; or (E) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing (including any Borrower's failure to satisfy any conditions contained in Article II or any other provision of this Agreement). (iii) If, for any reason (including without limitation as a result of the occurrence of an Event of Default with respect to any Borrower pursuant to Section 6.1(i)), Revolving Credit Loans may not be made by the Banks as described in Section 2.1(b)(ii), then (A) each Borrower agrees that each Swing Line Loan not paid pursuant to Section 2.1(b)(ii) shall bear interest, payable on demand by the Agent, at the Overdue Rate then applicable to Floating Rate Loans with respect to Swing Line Loans denominated in Dollars and at the Overdue Rate then applicable to Eurocurrency Rate Loans in the Permitted Currency in which such Swing Line Loan is denominated in all other cases, and (B) effective on the date each such Revolving Credit Loan would otherwise have been made, each Bank severally agrees that it shall unconditionally and irrevocably, without regard to the occurrence of any Default or Event of Default, in lieu of deemed disbursement of loans, to the extent of such Bank's Commitment, purchase a participating interest in the Swing Line Loans by paying its participation percentage thereof. Each Bank will immediately transfer to the Agent, in same day funds, the amount of its participation. Each Bank shall share on a pro rata basis (calculated by reference to its Commitment) in any interest which accrues thereon and in all repayments thereof. If and to the extent that any Bank shall not have so made the amount of such participating interest available to the Agent, such Bank and the Borrower of such Swing Line LoanLoan severally agree to pay to the Agent forthwith on demand such amount together with interest thereon, for each day from the date of demand by the Agent until the date such amount is paid to the Agent, at (x) in the case of any Borrower, at the interest rate specified above and (y) in the case of such Bank, the Federal Funds Rate.

Swing Line Loan. Subject to the terms and conditions set forth herein, (i) Any Borrower may request the Swing Line LenderBank to make, and the Swing Line Bank may, in reliance on its sole discretion provided that the agreements requirements of Section 2.6 are complied with by the Revolving Lenders set forth in this Section 2.03Borrowers at the time of such request, agrees to make make, Swing Line Loans in Dollars to the any Borrower from time to time on any Business Day during the Revolving Commitment Period, period from the Effective Date until the Termination Date in an aggregate principal amount Dollar Amount not to exceed at any time outstanding date the lesser of (A) $25,000,000 (the "Swing Line Facility") and (B) the aggregate of the unused portions of the Commitments of the Banks as of such date. Each Bank's Commitment shall be deemed utilized by an amount equal to such Bank's pro rata share (based on such Bank's Commitment) of each Swing Line Loan for purposes of determining the amount of Revolving Credit Advances required to be made by such Bank, but no Bank's Commitment shall be deemed utilized for purposes of determining commitment fees under Section 2.3(a)(i). Swing Line Loans shall bear interest at the Floating Rate or at the Swing Line Rate, as elected by the Borrower requesting such Loan pursuant to Section 2.4. Within the limits of the Swing Line Sublimit; providedFacility, so long as the Swing Line Bank, in its sole discretion, elects to make Swing Line Loans, the Borrowers may borrow and reborrow under this Section 2.1(b)(i). (ii) The Swing Line Bank may at any time in its sole and absolute discretion require that after giving effect to any Swing Line Loan be refunded by a Revolving Credit Loan which is a Floating Rate Loan, (a) the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, (b) the Total Utilization of Revolving Commitments of any Revolving Lender, shall not exceed such Lender’s Revolving Commitment, and (c) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan written notice thereof by the Swing Line LenderBank to the Agent, each Revolving Lender the Banks and the applicable Borrower for any such Swing Line Loan, such Borrower shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from to have requested a Revolving Credit Loan for the Swing Line Lender a participation in account of such Borrower for any such Swing Line Loan bearing interest at the Floating Rate, as the Floating Rate may change from time to time, in an amount equal to the amount of any such Swing Line Loan, and such Revolving Lender’s Pro Rata Share Credit Loan shall be made to refund such Swing Line Loan. Each Bank shall be absolutely and unconditionally obligated to fund its pro rata share (based on such Bank's Commitment) of such Revolving Credit Loan or, if applicable, purchase a participating interest in the Swing Line Loans pursuant to Section 2.1(b)(iii) and such obligation shall not be affected by any circumstance, including, without limitation, (A) any set-off, counterclaim, recoupment, defense or other right which such Bank or any Borrower or any of their respective Subsidiaries may have against the Agent, any Borrower or any of their respective Subsidiaries or anyone else for any reason whatsoever; (B) the occurrence or continuance of a Default or an Event of Default, subject to Section 2.1(b)(iii); (C) any adverse change in the condition (financial or otherwise) of any Borrower or any of its Subsidiaries; (D) any breach of this Agreement by any Borrower or any of their respective Subsidiaries or any other Bank; or (E) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing (including any Borrower's failure to satisfy any conditions contained in Article II or any other provision of this Agreement). (iii) If, for any reason (including without limitation as a result of the occurrence of an Event of Default with respect to any Borrower pursuant to Section 6.1(i)), Revolving Credit Loans may not be made by the Banks as described in Section 2.1(b)(ii), then (A) each Borrower agrees that each Swing Line Loan not paid pursuant to Section 2.1(b)(ii) shall bear interest, payable on demand to the Agent, at the Overdue Rate then applicable to Floating Rate Loans, and (B) effective on the date each such Revolving Credit Loan would otherwise have been made, each Bank severally agrees that it shall unconditionally and irrevocably, without regard to the occurrence of any Default or Event of Default, in lieu of deemed disbursement of loans, to the extent of such Bank's Commitment, purchase a participating interest in the Swing Line Loans by paying its participation percentage thereof. Each Bank will immediately transfer to the Agent, in same day funds, the amount of its participation. Each Bank shall share on a pro rata basis (calculated by reference to its Commitment) in any interest which accrues thereon and in all repayments thereof. If and to the extent that any Bank shall not have so made the amount of such participating interest available to the Agent, such Bank and the Borrower of such Swing Line LoanLoan severally agree to pay to the Agent forthwith on demand such amount together with interest thereon, for each day from the date of demand by the Agent until the date such amount is paid to the Agent, at (x) in the case of any Borrower, at the interest rate specified above and (y) in the case of such Bank, the Federal Funds Rate.

Swing Line Loan. (a) Subject to the terms and conditions set forth hereinin this Agreement and so long as no Default or Event of Default has occurred and is continuing (provided, however, that U.S. Bank shall have no liability to any other Lender for making a Swing Line Loan to the Company after the occurrence or during the continuance of any Default or Event of Default unless U.S. Bank has previously received notice in writing from the Company or any other Lender of, or has actual knowledge of, the occurrence of such Default or Event of Default), during the Revolving Credit Period, U.S. Bank may from time to time in its sole discretion (but in no event shall U.S. Bank be obligated to), make such loans to the Company (individually, a “Swing Line LenderLoan” and collectively, in reliance on the agreements of “Swing Line Loans”) as the Revolving Lenders set forth Company may from time to time request pursuant to Section 2.06. Notwithstanding any provision contained in this Section 2.03Agreement to the contrary, agrees the making of any Swing Line Loan requested by the Company shall be at the sole discretion of U.S. Bank and U.S. Bank shall have no commitment to make Swing Line Loans to the Borrower from time to time on any Business Day during the Revolving Commitment Period, in Company. Each Swing Line Loan requested by way of a Notice of Swing Line Borrowing shall be for an aggregate principal amount not to exceed of at least $100,000.00 or any time outstanding the larger multiple of $25,000.00. The aggregate principal amount of the Swing Line Sublimit; provided, that after giving effect to Loans outstanding under this Agreement as of any Swing Line Loan, (a) the Total Utilization of Revolving Commitments date shall not exceed the Revolving Commitments, (b) the Total Utilization of Revolving Commitments of any Revolving Lender, shall not exceed such Lender’s Revolving Commitment, and (c) the aggregate principal amount outstanding of all Maximum Swing Line Loans shall not exceed the Swing Line SublimitAmount; provided, furtherhowever, that in no event shall the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line LoanTotal Revolving Credit Outstandings as of any date exceed the sum of (i) the lesser of (A) total Revolving Credit Commitments of all of the Lenders as of such date or (B) the Borrowing Base as of such date. Within the foregoing limits limits, the Company may request Swing Line Loans under this Section 2.02, prepay Swing Line Loans under Section 2.13 and subject request additional Swing Line Loans at any time during the Revolving Credit Period under this Section 2.02. All Swing Line Loans not paid prior to the terms last day of the Revolving Credit Period, together with all accrued and conditions set forth hereinunpaid interest thereon and all fees and other amounts owing by the Company to U.S. Bank with respect thereto, shall be due and payable on the Borrower may borrow, prepay and reborrow Swing Line Loanslast day of the Revolving Credit Period. Immediately upon the making of a Swing Line Loan by the Swing Line LenderLoan, each Revolving Lender (other than U.S. Bank) shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender U.S. Bank a risk participation in such Swing Line Loan in an amount equal to such Lender’s Pro Rata Share (based on such Lender’s Pro Rata Share of the Revolving Credit Commitments) of such Swing Line Loan. (b) U.S. Bank may at any time in its sole and absolute discretion request, on behalf of the Company (and the Company hereby irrevocably requests and authorizes U.S. Bank to so request on its behalf), that each Lender make a Revolving Credit Base Rate Loan in an amount equal to such Lender’s Pro Rata Share of the amount of Swing Line Loans then outstanding. Such request shall (i) be made in writing (which written request shall be deemed to be a Notice of Revolving Credit Borrowing for purposes hereof) and in accordance with the requirements of Section 2.06(a), (ii) not be subject to the minimum and multiples specified in Section 2.01(a) for the principal amount of the Revolving Credit Base Rate Loans and (iii) be subject to the conditions set forth in Section 3. U.S. Bank shall furnish the Company with a copy of the applicable Notice of Revolving Credit Borrowing promptly after delivering such notice to the Agent. Each Lender shall make an amount equal to its Pro Rata Share of the amount specified in such Notice of Revolving Credit Borrowing available in immediately available funds to the Agent for the account of U.S. Bank at the Agent’s address specified in or pursuant to Section 8.07 not later than 12:00 noon (St. Louis, Missouri time) on the day specified in such Notice of Revolving Credit Borrowing, whereupon, subject to Section 2.02(c), each Lender that so makes funds available shall be deemed to have made a Revolving Credit Base Rate Loan to the Company in such amount. The Agent shall remit the funds so received to U.S. Bank. (c) If for any reason any Swing Line Loan cannot be refinanced by such a borrowing of Revolving Credit Base Rate Loans in accordance with Section 2.02(b) (whether as a result of a failure to satisfy one or more of the conditions set forth in Section 3 or otherwise), the request for a Revolving Credit Base Rate Loan submitted by U.S. Bank as set forth herein shall be deemed to be a request by U.S. Bank that each of the other Lenders fund its risk participation in the relevant Swing Line Loan(s) and each such Lender’s payment to the Agent for the account of U.S. Bank pursuant to Section 2.02(b) shall be deemed payment in respect of such participation. (d) If any Lender fails to make available to U.S. Bank any amount required to be paid by such Lender pursuant to the foregoing provisions of this Section 2.02 by the time specified in Section 2.02, U.S. Bank shall be entitled to recover from such Lender, on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to U.S. Bank at a rate per annum equal to the Fed Funds Rate. A certificate of U.S. Bank submitted to any Lender with respect to any amounts owing under this Section 2.02 shall be conclusive absent demonstrable error. (e) Each Lender’s obligation to make Revolving Credit Base Rate Loans or to purchase and fund risk participations in Swing Line Loans pursuant to this Section 2.02 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right that such Lender may have against U.S. Bank, the Company or any other Person for any reason whatsoever, (ii) the occurrence or continuance of a Default or Event of Default or (iii) any other occurrence, event or condition, whether or not similar to any of the foregoing; provided, however, that each Lender’s obligation to make Revolving Credit Base Rate Loans pursuant to this Section 2.02 (but not such Lender’s obligation to purchase and fund risk participations in Swing Line Loans pursuant to this Section 2.02) is subject to the conditions set forth in Section 3. No such purchase or funding of risk participations shall relieve or otherwise impair the obligation of the Company to repay Swing Line Loans, together with interest as provided herein. (f) At any time after any Lender has purchased and funded a risk participation in a Swing Line Loan, if U.S. Bank receives any payment on account of such Swing Line Loan, U.S. Bank will distribute to such Lender its Pro Rata Share of such payment (appropriately adjusted, in the case of interest payments, to reflect the period of time during which such Lender’s risk participation was funded) in the same funds as those received by U.S. Bank. (g) If any payment received by U.S. Bank in respect of principal or interest on any Swing Line Loan is required to be returned by U.S. Bank to the Company or any other Person for any reason, each Lender shall pay to U.S. Bank its Pro Rata Share thereof on the demand of U.S. Bank, plus interest thereon from the date of such demand to the date such amount is returned, at a rate per annum equal to the Fed Funds Rate. (h) Until a Lender funds its Revolving Credit Base Rate Loans or risk participation pursuant to this Section 2.02 to refinance such Lender’s Pro Rata Share of any Swing Line Loan, interest in respect of such Pro Rata Share shall be solely for the account of U.S.

Swing Line Loan. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance on the agreements of the Revolving Lenders set forth in this Section 2.03, agrees to make Swing Line Loans to the U.S. Borrower from time to time on any Business Day during the Revolving Commitment Period, in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; providedprovided that, that after giving effect to any Swing Line Loan, , (ai) the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, , (bii) the Total Utilization of Revolving Commitments of any Revolving Lender, shall not exceed such LenderXxxxxx’s Revolving Commitment, and Commitment and (ciii) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the U.S. Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan by the Swing Line Lender, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a participation in such Swing Line Loan in an amount equal to such Revolving Lender’s Pro Rata Share of the amount of such Swing Line Loan.

Swing Line Loan. Subject to the terms and conditions set forth herein, (i) Any Borrower may request the Swing Line LenderBank to make, and the Swing Line Bank may, in reliance on its sole discretion provided that the agreements requirements of Section 2.6 are complied with by the Revolving Lenders set forth in this Section 2.03Borrowers at the time of such request, agrees to make make, Swing Line Loans to the any Borrower from time to time on any Business Day during the Revolving Commitment Period, period from the Effective Date until the Termination Date in an aggregate principal amount not to exceed at any time outstanding date the lesser of (A) $15,000,000 (the "Swing Line Facility") and (B) the aggregate of the unused portions of the Commitments of the Banks as of such date. Each Bank's Commitment shall be deemed utilized by an amount equal to such Bank's pro rata share (based on such Bank's Commitment) of each Swing Line Loan for purposes of determining the amount of Revolving Credit Advances required to be made by such Bank, but no Bank's Commitment shall be deemed utilized for purposes of determining commitment fees under Section 2.3(a)(i). Swing Line Loans shall bear interest at the Floating Rate or at the Swing Line Rate, as elected by the Borrower requesting such Loan pursuant to Section 2.4. Within the limits of the Swing Line Sublimit; providedFacility, so long as the Swing Line Bank, in its sole discretion, elects to make Swing Line Loans, the Borrowers may borrow and reborrow under this Section 2.1(b)(i). (ii) The Swing Line Bank may at any time in its sole and absolute discretion require that after giving effect to any Swing Line Loan be refunded by a Revolving Credit Loan which is a Floating Rate Loan, (a) the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, (b) the Total Utilization of Revolving Commitments of any Revolving Lender, shall not exceed such Lender’s Revolving Commitment, and (c) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan written notice thereof by the Swing Line LenderBank to the Agent, each Revolving Lender the Banks and the Borrower for any such Swing Line Loan, such Borrower shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from to have requested a Revolving Credit Loan for the Swing Line Lender a participation in account of such Borrower for any such Swing Line Loan bearing interest at the Floating Rate with an Interest Period of one month, as provided above, in an amount equal to the amount of any such Swing Line Loan, and such Revolving Lender’s Pro Rata Share Credit Loan shall be made to refund such Swing Line Loan. Each Bank shall be absolutely and unconditionally obligated (except as set forth in Section 2.1(b)(i)) to fund its pro rata share (based on such Bank's Commitment) of such Revolving Credit Loan or, if applicable, purchase a participating interest in the Swing Line Loans pursuant to Section 2.1(b)(iii) and such obligation shall not be affected by any circumstance, including, without limitation, (A) any set-off, counterclaim, recoupment, defense or other right which such Bank or any Borrower or any of their respective Subsidiaries may have against the Agent, any Borrower or any of their respective Subsidiaries or anyone else for any reason whatsoever; (B) the occurrence or continuance of a Default or an Event of Default, subject to Section 2.1(b)(iii); (C) any adverse change in the condition (financial or otherwise) of any Borrower or any of its Subsidiaries; (D) any breach of this Agreement by any Borrower or any of their respective Subsidiaries or any other Bank; or (E) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing (including any Borrower's failure to satisfy any conditions contained in Article II or any other provision of this Agreement). (iii) If, for any reason (including without limitation as a result of the occurrence of an Event of Default with respect to any Borrower pursuant to Section 6.1(i)), Revolving Credit Loans may not be made by the Banks as described in Section 2.1(b)(ii), then (A) each Borrower agrees that each Swing Line Loan not paid pursuant to Section 2.1(b)(ii) shall bear interest, payable on demand by the Agent, at the Overdue Rate then applicable to Floating Rate Loans, and (B) effective on the date each such Revolving Credit Loan would otherwise have been made, each Bank severally agrees that it shall unconditionally and irrevocably, without regard to the occurrence of any Default or Event of Default, in lieu of deemed disbursement of loans, to the extent of such Bank's Commitment, purchase a participating interest in the Swing Line Loans by paying its participation percentage thereof. Each Bank will immediately transfer to the Agent, in same day funds, the amount of its participation. Each Bank shall share on a pro rata basis (calculated by reference to its Commitment) in any interest which accrues thereon and in all repayments thereof. If and to the extent that any Bank shall not have so made the amount of such participating interest available to the Agent, such Bank and the Borrower of such Swing Line LoanLoan severally agree to pay to the Agent forthwith on demand such amount together with interest thereon, for each day from the date of demand by the Agent until the date such amount is paid to the Agent, at (x) in the case of any Borrower, at the interest rate specified above and (y) in the case of such Bank, the Federal Funds Rate.

Swing Line Loan. Subject to the terms and conditions set forth herein, (i) Any Borrower may request the Swing Line LenderBank to make, and the Swing Line Bank may, in reliance on its sole discretion provided that the agreements requirements of Section 2.6 are complied with by the Revolving Lenders set forth in this Section 2.03Borrowers at the time of such request, agrees to make make, Swing Line Loans to the any Borrower from time to time on any Business Day during the Revolving Commitment Period, period from the Effective Date until the Termination Date in an aggregate principal amount not to exceed at any time outstanding date the lesser of (A) $10,000,000 (or the Dollar Equivalent thereof in any other Permitted Currency) (the "Swing Line Facility") and (B) the aggregate of the unused portions of the Commitments of the Banks as of such date. Each Bank's Commitment shall be deemed utilized by an amount equal to such Bank's pro rata share (based on such Bank's Commitment) of each Swing Line Loan for purposes of determining the amount of Revolving Credit Advances required to be made by such Bank, but no Bank's Commitment shall be deemed utilized for purposes of determining commitment fees under Section 2.3(a)(i). Swing Line Loans shall bear interest at the Floating Rate or at the Swing Line Rate, as elected by the Borrower requesting such Loan pursuant to Section 2.4. Within the limits of the Swing Line Sublimit; providedFacility, so long as the Swing Line Bank, in its sole discretion, elects to make Swing Line Loans, the Borrowers may borrow and reborrow under this Section 2.1(b)(i). (ii) The Swing Line Bank may at any time in its sole and absolute discretion require that after giving effect to any Swing Line Loan, (a) Loan be refunded by a Revolving Credit Loan which is, in the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, (b) the Total Utilization of Revolving Commitments case of any Revolving Lender, shall not exceed such Lender’s Revolving Commitment, and (c) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line denominated in Dollars, a Floating Rate Loan. Within , and in the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making case of a any Swing Line Loan in any other Permitted Currency, a Eurocurrency Rate Loan in the same Permitted Currency in which such Swing Line Loan is denominated, and upon written notice thereof by the Swing Line LenderBank to the Agent, each Revolving Lender the Banks and the Borrower for any such Swing Line Loan, such Borrower shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from to have requested a Revolving Credit Loan for the account of such Borrower for any such Swing Line Lender a participation Loan bearing interest at the Floating Rate or Eurocurrency Rate with an Interest Period of one month, as provided above, in an amount equal to the amount of any such Swing Line Loan in an amount equal the same Permitted Currency in which such Swing Line Loan is denominated (unless a Default or Event of Default has occurred and is continuing at which time all Swing Line Loans being refunded under this Section 2.1(b)(ii) or Section 2.1(b)(iii) may, at the option of the Required Banks, be converted to Dollars), and such Revolving Lender’s Pro Rata Share Credit Loan shall be made to refund such Swing Line Loan. Each Bank shall be absolutely and unconditionally obligated (except as set forth in Section 2.1(b)(i)) to fund its pro rata share (based on such Bank's Commitment) of such Revolving Credit Loan or, if applicable, purchase a participating interest in the Swing Line Loans pursuant to Section 2.1(b)(iii) and such obligation shall not be affected by any circumstance, including, without limitation, (A) any set-off, counterclaim, recoupment, defense or other right which such Bank or any Borrower or any of their respective Subsidiaries may have against the Agent, any Borrower or any of their respective Subsidiaries or anyone else for any reason whatsoever; (B) the occurrence or continuance of a Default or an Event of Default, subject to Section 2.1(b)(iii); (C) any adverse change in the condition (financial or otherwise) of any Borrower or any of its Subsidiaries; (D) any breach of this Agreement by any Borrower or any of their respective Subsidiaries or any other Bank; or (E) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing (including any Borrower's failure to satisfy any conditions contained in Article II or any other provision of this Agreement). (iii) If, for any reason (including without limitation as a result of the occurrence of an Event of Default with respect to any Borrower pursuant to Section 6.1(i)), Revolving Credit Loans may not be made by the Banks as described in Section 2.1(b)(ii), then (A) each Borrower agrees that each Swing Line Loan not paid pursuant to Section 2.1(b)(ii) shall bear interest, payable on demand by the Agent, at the Overdue Rate then applicable to Floating Rate Loans with respect to Swing Line Loans denominated in Dollars and at the Overdue Rate then applicable to Eurocurrency Rate Loans in the Permitted Currency in which such Swing Line Loan is denominated in all other cases, and (B) effective on the date each such Revolving Credit Loan would otherwise have been made, each Bank severally agrees that it shall unconditionally and irrevocably, without regard to the occurrence of any Default or Event of Default, in lieu of deemed disbursement of loans, to the extent of such Bank's Commitment, purchase a participating interest in the Swing Line Loans by paying its participation percentage thereof. Each Bank will immediately transfer to the Agent, in same day funds, the amount of its participation. Each Bank shall share on a pro rata basis (calculated by reference to its Commitment) in any interest which accrues thereon and in all repayments thereof. If and to the extent that any Bank shall not have so made the amount of such participating interest available to the Agent, such Bank and the Borrower of such Swing Line LoanLoan severally agree to pay to the Agent forthwith on demand such amount together with interest thereon, for each day from the date of demand by the Agent until the date such amount is paid to the Agent, at (x) in the case of any Borrower, at the interest rate specified above and (y) in the case of such Bank, the Federal Funds Rate.

Swing Line Loan. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance on the agreements of the Revolving Lenders set forth in this Section 2.03, agrees to make Swing Line Loans in Dollars to the Borrower from time to time on any Business Day during the Revolving Commitment Period, in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; providedprovided that, that after giving effect to any Swing Line Loan, , (ai) the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, , (bii) the Total Utilization of Revolving Commitments of any Revolving Lender, shall not exceed such Lender’s Revolving Commitment, and Commitment and (ciii) the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, provided further that the Swing Line Lender shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan by the Swing Line Lender, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a participation in such Swing Line Loan in an amount equal to such Revolving Lender’s Pro Rata Share of the amount of such Swing Line Loan.