Common use of Swing Line Loan Clause in Contracts

Swing Line Loan. (i) Agent shall notify the Cdn. Swing Line Lender upon Agent’s receipt of any Cdn. Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Cdn. Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date advances (each, a “Cdn. Swing Line Advance”) in accordance with any such notice. The provisions of this Section 1.1(c) shall not relieve Cdn. Revolving Lenders of their obligations to make Cdn. Revolving Credit Advances under Section 1.1(a); provided that if the Cdn. Swing Line Lender makes a Cdn. Swing Line Advance pursuant to any such notice, such Cdn. Swing Line Advance shall be in lieu of any Cdn. Revolving Credit Advance that otherwise may be made by Cdn. Revolving Credit Lenders pursuant to such notice. The aggregate amount of Cdn. Swing Line Advances outstanding shall not exceed at any time the lesser of (A) the Cdn. Swing Line Loan Commitment and (B) the lesser of the Cdn. Maximum Amount and Cdn. Borrowing Availability, in each case, less the outstanding balance of the Cdn. Revolving Loans at such time (“Cdn. Swing Line Availability”). Until the Commitment Termination Date, Cdn. Borrower may from time to time borrow, repay and reborrow under this Section 1.1(c). Each Cdn. Swing Line Advance shall be made pursuant to a Cdn. Notice of Revolving Credit Advance delivered to Agent by Cdn. Borrower in accordance with Section 1.1(a). Any such notice must be given no later than 11:00 a.m. (New York time) on the Business Day of the proposed Cdn. Swing Line Advance. Unless the Cdn. Swing Line Lender has received at least one (1) Business Day’s prior written notice from Requisite Lenders instructing it not to make a Cdn. Swing Line Advance, the Cdn. Swing Line Lender shall, notwithstanding the failure of any condition precedent set forth in Section 2.2, be entitled to fund that Cdn. Swing Line Advance, and to have each Cdn. Revolving Lender make Cdn. Revolving Credit Advances in accordance with Section 1.1(c)(iii) or purchase participating interests in accordance with Section 1.1(c)(iv). Notwithstanding any other provision of this Agreement or the other Loan Documents, the Cdn. Swing Line Loan shall be funded in Canadian Dollars or US Dollars (as set forth in the relevant Cdn. Notice of Revolving Credit Advance) and constitute a Canadian Prime Rate Loan or Canadian Base Rate Loan, as applicable. Cdn. Borrower shall repay the aggregate outstanding principal amount of the Cdn. Swing Line Loan upon demand therefor by Agent.

Swing Line Loan. (ia) Agent shall notify the Cdn. Swing Line Lender upon Agent’s receipt of any Cdn. Notice of Revolving Credit Advance. Subject to the terms and conditions hereofset forth in 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 Cdn. Swing Line Lender mayoccurrence of such Default or Event of Default), in its discretionduring the Revolving Credit Period, make available U.S. Bank may from time to time until in its sole discretion (but in no event shall U.S. Bank be obligated to), make such loans to the Commitment Termination Date advances Company (eachindividually, a “Cdn. Swing Line AdvanceLoan” and collectively, the “Swing Line Loans”) as the Company may from time to time request pursuant to Section 2.06. Notwithstanding any provision contained in accordance with this Agreement to the contrary, the making of any such notice. The provisions Swing Line Loan requested by the Company shall be at the sole discretion of this Section 1.1(c) U.S. Bank and U.S. Bank shall not relieve Cdn. Revolving Lenders of their obligations have no commitment to make Cdn. Revolving Credit Advances under Section 1.1(a); provided that if the Cdn. Swing Line Lender makes a CdnLoans to the Company. Each Swing Line Advance pursuant to any such notice, such Cdn. Loan requested by way of a Notice of Swing Line Advance Borrowing shall be in lieu for an aggregate principal amount of at least $100,000.00 or any Cdn. Revolving Credit Advance that otherwise may be made by Cdn. Revolving Credit Lenders pursuant to such noticelarger multiple of $25,000.00. The aggregate principal amount of Cdn. Swing Line Advances Loans outstanding under this Agreement as of any date shall not exceed at the Maximum Swing Line Amount; provided, however, that in no event shall the Total Revolving Credit Outstandings as of any time date exceed the sum of (i) the lesser of (A) total Revolving Credit Commitments of all of the Cdn. Swing Line Loan Commitment and Lenders as of such date or (B) the lesser Borrowing Base as of such date. Within the Cdn. Maximum Amount and Cdn. Borrowing Availabilityforegoing limits, in each case, less the outstanding balance of the Cdn. Revolving Loans at such time (“Cdn. Company may request Swing Line Availability”). Until the Commitment Termination Date, Cdn. Borrower may from time to time borrow, repay and reborrow Loans under this Section 1.1(c). Each Cdn. 2.02, prepay Swing Line Advance Loans under Section 2.13 and 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 last day of the Revolving Credit Period, together with all accrued and unpaid interest thereon and all fees and other amounts owing by the Company to U.S. Bank with respect thereto, shall be made pursuant to a Cdn. Notice due and payable on the last day of the Revolving Credit Advance delivered to Agent by CdnPeriod. Borrower in accordance with Section 1.1(a). Any such notice must be given no later than 11:00 a.m. (New York time) on Immediately upon the Business Day making of the proposed Cdn. a Swing Line Advance. Unless the Cdn. Swing Line Loan, each Lender has received at least one (1other than U.S. Bank) Business Day’s prior written notice from Requisite Lenders instructing it not to make a Cdn. Swing Line Advance, the Cdn. Swing Line Lender shall, notwithstanding the failure of any condition precedent set forth in Section 2.2, shall be entitled to fund that Cdn. Swing Line Advancedeemed to, and to have each Cdn. Revolving Lender make Cdn. Revolving Credit Advances hereby irrevocably and unconditionally agrees to, purchase from U.S. Bank a risk participation in accordance with Section 1.1(c)(iii) or purchase participating interests in accordance with Section 1.1(c)(iv). Notwithstanding any other provision of this Agreement or the other Loan Documents, the Cdn. such Swing Line Loan shall be funded in Canadian Dollars or US Dollars an amount equal to such Lender’s Pro Rata Share (as set forth in based on such Lender’s Pro Rata Share of the relevant Cdn. Notice of Revolving Credit AdvanceCommitments) and constitute a Canadian Prime Rate Loan or Canadian Base Rate Loan, as applicable. Cdn. Borrower shall repay the aggregate outstanding principal amount of the Cdn. such Swing Line Loan upon demand therefor by AgentLoan.

Swing Line Loan. (i) Agent shall notify the Cdn. Swing Line Lender upon Agent’s 's receipt of any Cdn. Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Cdn. Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date advances (each, a “"Cdn. Swing Line Advance”") in accordance with any such notice. The provisions of this Section 1.1(c1.1(f) shall not relieve Cdn. Revolving Lenders of their obligations to make Cdn. Revolving Credit Advances under Section 1.1(a); provided that if the Cdn. Swing Line Lender makes a Cdn. Swing Line Advance pursuant to any such notice, such Cdn. Swing Line Advance shall be in lieu of any Cdn. Revolving Credit Advance that otherwise may be made by Cdn. Revolving Credit Lenders pursuant to such notice. The aggregate amount of Cdn. Swing Line Advances outstanding shall not exceed at any time the lesser of (A) the Cdn. Swing Line Loan Commitment and (B) the lesser of the Cdn. Maximum Amount and Cdn. Borrowing Availability, in each case, less the outstanding balance of the Cdn. Revolving Loans at such time (“"Cdn. Swing Line Availability”"). Until the Commitment Termination Date, Cdn. Borrower Lower Lakes may from time to time borrow, repay and reborrow under this Section 1.1(c1.1(f). Each Cdn. Swing Line Advance shall be made pursuant to a Cdn. Notice of Revolving Credit Advance delivered to Agent by Cdn. Borrower Lower Lakes in accordance with Section 1.1(a). Any such notice must be given no later than 11:00 a.m. (New York time) on the Business Day of the proposed Cdn. Swing Line Advance. Unless the Cdn. Swing Line Lender has received at least one (1) Business Day’s 's prior written notice from Requisite Revolving Lenders instructing it not to make a Cdn. Swing Line Advance, the Cdn. Swing Line Lender shall, notwithstanding the failure of any condition precedent set forth in Section 2.2, be entitled to fund that Cdn. Swing Line Advance, and to have each Cdn. Revolving Lender make Cdn. Revolving Credit Advances in accordance with Section 1.1(c)(iii1.1(f)(iii) or purchase participating interests in accordance with Section 1.1(c)(iv1.1(f)(iv). Notwithstanding any other provision of this Agreement or the other Loan Documents, the Cdn. Swing Line Loan shall be funded in Canadian Dollars or US Dollars (as set forth in the relevant Cdn. Notice of Revolving Credit Advance) and constitute a Canadian Prime Rate Loan or Canadian Base Rate Loan, as applicable. Cdn. Borrower Lower Lakes shall repay the aggregate outstanding principal amount of the Cdn. Swing Line Loan upon demand therefor by Agent.

Swing Line Loan. (i) Agent shall notify the Cdn. Swing Line Lender upon Agent’s 's receipt of any Cdn. Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Cdn. Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date advances (each, a “"Cdn. Swing Line Advance”") in accordance with any such notice. The provisions of this Section 1.1(c1.1(f) shall not relieve Cdn. Revolving Lenders of their obligations to make Cdn. Revolving Credit Advances under Section 1.1(a); provided that if the Cdn. Swing Line Lender makes a Cdn. Swing Line Advance pursuant to any such notice, such Cdn. Swing Line Advance shall be in lieu of any Cdn. Revolving Credit Advance that otherwise may be made by Cdn. Revolving Credit Lenders pursuant to such notice. The aggregate amount of Cdn. Swing Line Advances outstanding shall not exceed at any time the lesser of (A) the Cdn. Swing Line Loan Commitment and (B) the lesser of the Cdn. Maximum Amount and Cdn. Borrowing Availability, in each case, less the outstanding balance of the Cdn. Revolving Loans at such time (“"Cdn. Swing Line Availability”"). Until the Commitment Termination Date, Cdn. Borrower Lower Lakes may from time to time borrow, repay and reborrow under this Section 1.1(c1.1(f). Each Cdn. Swing Line Advance shall be made pursuant to a Cdn. Notice of Revolving Credit Advance delivered to Agent by Cdn. Borrower Lower Lakes in accordance with Section 1.1(a). Any such notice must be given no later than 11:00 a.m. (New York time) on the Business Day of the proposed Cdn. Swing Line Advance. Unless the Cdn. Swing Line Lender has received at least one (1) Business Day’s 's prior written notice from Requisite Lenders instructing it not to make a Cdn. Swing Line Advance, the Cdn. Swing Line Lender shall, notwithstanding the failure of any condition precedent set forth in Section 2.2, be entitled to fund that Cdn. Swing Line Advance, and to have each Cdn. Revolving Lender make Cdn. Revolving Credit Advances in accordance with Section 1.1(c)(iii1.1(f)(iii) or purchase participating interests in accordance with Section 1.1(c)(iv1.1(f)(iv). Notwithstanding any other provision of this Agreement or the other Loan Documents, the Cdn. Swing Line Loan shall be funded in Canadian Dollars or US Dollars (as set forth in the relevant Cdn. Notice of Revolving Credit Advance) and constitute a Canadian Prime Rate Loan or Canadian Base Rate Loan, as applicable. Cdn. Borrower Lower Lakes shall repay the aggregate outstanding principal amount of the Cdn. Swing Line Loan upon demand therefor by Agent.

Swing Line Loan. (i) Agent shall notify the Cdn. Swing Line Lender upon Agent’s 's receipt of any Cdn. Notice of Revolving Credit Advance. Subject to the terms and conditions hereof, the Cdn. Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date advances (each, a “"Cdn. Swing Line Advance”") in accordance with any such notice. The provisions of this Section 1.1(c1.1(e) shall not relieve Cdn. Revolving Lenders of their obligations to make Cdn. Revolving Credit Advances under Section 1.1(a); provided that if the Cdn. Swing Line Lender makes a Cdn. Swing Line Advance pursuant to any such notice, such Cdn. Swing Line Advance shall be in lieu of any Cdn. Revolving Credit Advance that otherwise may be made by Cdn. Revolving Credit Lenders pursuant to such notice. The aggregate amount of Cdn. Swing Line Advances outstanding shall not exceed at any time the lesser of (A) the Cdn. Swing Line Loan Commitment and (B) the lesser of the Cdn. Maximum Amount and Cdn. Borrowing Availability, in each case, less the outstanding balance of the Cdn. Revolving Loans at such time (“"Cdn. Swing Line Availability”"). Until the Commitment Termination Date, Cdn. Borrower Lower Lakes may from time to time borrow, repay and reborrow under this Section 1.1(c1.1(e). Each Cdn. Swing Line Advance shall be made pursuant to a Cdn. Notice of Revolving Credit Advance delivered to Agent by Cdn. Borrower Lower Lakes in accordance with Section 1.1(a). Any such notice must be given no later than 11:00 a.m. (New York time) on the Business Day of the proposed Cdn. Swing Line Advance. Unless the Cdn. Swing Line Lender has received at least one (1) Business Day’s 's prior written notice from Requisite Lenders instructing it not to make a Cdn. Swing Line Advance, the Cdn. Swing Line Lender shall, notwithstanding the failure of any condition precedent set forth in Section 2.2, be entitled to fund that Cdn. Swing Line Advance, and to have each Cdn. Revolving Lender make Cdn. Revolving Credit Advances in accordance with Section 1.1(c)(iii1.1(e)(iii) or purchase participating interests in accordance with Section 1.1(c)(iv1.1(e)(iv). Notwithstanding any other provision of this Agreement or the other Loan Documents, the Cdn. Swing Line Loan shall be funded in Canadian Dollars or US Dollars (as set forth in the relevant Cdn. Notice of Revolving Credit Advance) and constitute a Canadian Prime Rate Loan or Canadian Base Rate Loan, as applicable. Cdn. Borrower Lower Lakes shall repay the aggregate outstanding principal amount of the Cdn. Swing Line Loan upon demand therefor by Agent.