Common use of Swing Line Overdraft Loans Clause in Contracts

Swing Line Overdraft Loans. (a) On any day that a Request for Borrowing of a Floor Plan Loan constitutes a Swing Line Overdraft Borrowing Request pursuant to Section 2.3(g)(iii), the applicable Floor Plan Borrower shall be deemed to have delivered to the Swing Line Bank a Swing Line Overdraft Borrowing Request, and each such Swing Line Overdraft Borrowing Request shall not be revocable by the applicable Floor Plan Borrower, as the case may be, and shall constitute and include a certification as to itself and its Subsidiaries, to the extent applicable, by such Floor Plan Borrower of the provisions of Section 2.3(f). (b) Each Swing Line Overdraft Loan shall bear interest at the Applicable Interest Rate. The amount and date of each Swing Line Overdraft Loan, the Applicable Interest Rate, the Interest Period, and the amounts and dates of any repayment shall be noted on the Swing Line Bank's records, which records will be conclusive evidence thereof, absent manifest error; provided however, that any failure by the Swing Line Bank to record any such information shall not affect the applicable Floor Plan Borrower's obligation under the terms of this Agreement and the Loan Documents. (c) Swing Line Overdraft Loans shall be made only by the Swing Line Bank, solely for its own account and shall not be subject to the provisions of Section 4.5; provided, however, at any time a Swing Line Overdraft Loan is outstanding, the payment of principal and interest with respect to all Loans shall be subordinated in right of payment and priority to the prior

Swing Line Overdraft Loans. (a) On any day that a Request for Borrowing of a Floor Plan Loan constitutes a Swing Line Overdraft Borrowing Request pursuant to Section 2.3(g)(iii), the applicable Floor Plan Borrower shall be deemed to have delivered to the Swing Line Bank a Swing Line Overdraft Borrowing Request, and each such Swing Line Overdraft Borrowing Request shall not be revocable by the applicable Floor Plan Borrower, as the case may be, and shall constitute and include a certification as to itself and its Subsidiaries, to the extent applicable, by such Floor Plan Borrower of the provisions of Section 2.3(f). (b) Each Swing Line Overdraft Loan shall bear interest at the Applicable Interest Rate. The amount and date of each Swing Line Overdraft Loan, the Applicable Interest Rate, the Interest Period, and the amounts and dates of any repayment shall be noted on the Swing Line Bank's records, which records will be conclusive evidence thereof, absent manifest error; provided however, that any failure by the Swing Line Bank to record any such information shall not affect the applicable Floor Plan Borrower's obligation under the terms of this Agreement and the Loan Documents. (c) Swing Line Overdraft Loans shall be made only by the Swing Line Bank, solely for its own account and shall not be subject to the provisions of Section 4.5; provided, however, at any time a Swing Line Overdraft Loan is outstanding, the payment of principal and interest with respect to all Loans shall be subordinated in right of payment and priority to the priorprior payment in full of the Swing Line Overdraft Loans and the Floor Plan Agent, the Agent and the Banks, as the case may be, shall remit to the Swing Line Bank, and the Swing Line Bank shall have the right to receive, all payments of principal and interest made by any Borrower in respect of any Loan and all other proceeds of Collateral securing the Loans for application and reduction of the aggregate principal amount of outstanding Swing Line Overdraft Loans. (d) If at any time the aggregate outstanding principal amount of all (i) Floor Plan Loans, plus (ii) Swing Line Loans, plus (iii) Swing Line Overdraft Loans, plus (iv) Requests for Borrowings of Floor Plan Loans exceeds (A) one hundred ten percent (110%) of the aggregate Floor Plan Loan Commitments as of such date and such condition exists for two (2) consecutive Business Days or (B) the aggregate Floor Plan Loan Commitments by any amount for any fifteen (15) days out of any thirty (30) day period, then, in such event, the Floor Plan Agent shall give prompt written notice to the Agent and the Agent shall give prompt written notice to the Banks and the Floor Plan Agent acting in its sole discretion may, and upon the election of the Required Banks shall (y) take any and all actions reasonably necessary to suspend and/or terminate Drafts pursuant to the Drafting Agreements and (z) elect by written notice to the Company to terminate the Commitments and to deem such occurrence as constituting an Event of Default. Second Amended and Restated Revolving Credit Agreement

Swing Line Overdraft Loans. (a) On any day that a Request for Borrowing of a Floor Plan Loan constitutes a Swing Line Overdraft Borrowing Request pursuant to Section 2.3(g)(iii), the applicable Floor Plan Borrower shall be deemed to have delivered to the Swing Line Bank a Swing Line Overdraft Borrowing Request, and each such Swing Line Overdraft Borrowing Request shall not be revocable by the applicable Floor Plan Borrower, as the case may be, and shall constitute and include a certification as to itself and its Subsidiaries, to the extent applicable, by such Floor Plan Borrower of the provisions of Section 2.3(f). (b) Each Swing Line Overdraft Loan shall bear interest at the Applicable Interest Rate. The amount and date of each Swing Line Overdraft Loan, the Applicable Interest Rate, the Interest Period, and the amounts and dates of any repayment shall be noted on the Swing Line Bank's records, which records will be conclusive evidence thereof, absent manifest error; provided however, that any failure by the Swing Line Bank to record any such information shall not affect the applicable Floor Plan Borrower's obligation under the terms of this Agreement and the Loan Documents. (c) Swing Line Overdraft Loans shall be made only by the Swing Line Bank, solely for its own account and shall not be subject to the provisions of Section 4.5; provided, however, at any time a Swing Line Overdraft Loan is outstanding, the payment of principal and interest with respect to all Loans shall be subordinated in right of payment and priority to the priorprior payment in full of the Swing Line Overdraft Loans and the Floor Plan Agent, the Agent and the Banks, as the case may be, shall remit to the Swing Line Bank, and the Swing Line Bank shall have the right to receive, all payments of principal and interest made by any Borrower in respect of any Loan and all other proceeds of Collateral securing the Loans for application and reduction of the aggregate principal amount of outstanding Swing Line Overdraft Loans. THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (d) If at any time the aggregate outstanding principal amount of all (i) Floor Plan Loans, plus (ii) Swing Line Loans, plus (iii) Swing Line Overdraft Loans, plus (iv) Requests for Borrowings of Floor Plan Loans exceeds (A) one hundred ten percent (110%) of the aggregate Floor Plan Loan Commitments as of such date and such condition exists for two (2) consecutive Business Days or (B) the aggregate Floor Plan Loan Commitments by any amount for any fifteen (15) days out of any thirty (30) day period, then, in such event, the Floor Plan Agent shall give prompt written notice to the Agent and the Agent shall give prompt written notice to the Banks and the Floor Plan Agent acting in its sole discretion may, and upon the election of the Required Banks shall (y) take any and all actions reasonably necessary to suspend and/or terminate Drafts pursuant to the Drafting Agreements and (z) elect by written notice to the Company to terminate the Commitments and to deem such occurrence as constituting an Event of Default.

Swing Line Overdraft Loans. (a) On any day that a Request for Borrowing of a Floor Plan Loan constitutes a Swing Line Overdraft Borrowing Request pursuant to Section 2.3(g)(iii), the applicable Floor Plan Borrower shall be deemed to have delivered to the Swing Line Bank a Swing Line Overdraft Borrowing Request, and each such Swing Line Overdraft Borrowing Request shall not be revocable by the applicable Floor Plan Borrower, as the case may be, and shall constitute and include a certification as to itself and its Subsidiaries, to the extent applicable, by such Floor Plan Borrower of the provisions of Section 2.3(f). (b) Each Swing Line Overdraft Loan shall bear interest at the Applicable Interest Rate. The amount and date of each Swing Line Overdraft Loan, the Applicable Interest Rate, the Interest Period, and the amounts and dates of any repayment shall be noted on the Swing Line Bank's records, which records will be conclusive evidence thereof, absent manifest error; provided however, that any failure by the Swing Line Bank to record any such information shall not affect the applicable Floor Plan Borrower's obligation under the terms of this Agreement and the Loan Documents. (c) Swing Line Overdraft Loans shall be made only by the Swing Line Bank, solely for its own account and shall not be subject to the provisions of Section 4.5; provided, however, at any time a Swing Line Overdraft Loan is outstanding, the payment of principal and interest with respect to all Loans shall be subordinated in right of payment and priority to the prior

Swing Line Overdraft Loans. (a) On any day that a Request for Borrowing of a Floor Plan Loan constitutes a Swing Line Overdraft Borrowing Request pursuant to Section 2.3(g)(iii), the applicable Floor Plan Borrower shall be deemed to have delivered to the Swing Line Bank a Swing Line Overdraft Borrowing Request, and each such Swing Line Overdraft Borrowing Request shall not be revocable by the applicable Floor Plan Borrower, as the case may be, and shall constitute and include a certification as to itself and its Subsidiaries, to the extent applicable, by such Floor Plan Borrower of the provisions of Section 2.3(f). (b) Each Swing Line Overdraft Loan shall bear interest at the Applicable Interest Rate. The amount and date of each Swing Line Overdraft Loan, the Applicable Interest Rate, the Interest Period, and the amounts and dates of any repayment shall be noted on the Swing Line Bank's records, which records will be conclusive evidence thereof, absent manifest error; provided however, that any failure by the Swing Line Bank to record any such information shall not affect the applicable Floor Plan Borrower's obligation under the terms of this Agreement and the Loan Documents. (c) Swing Line Overdraft Loans shall be made only by the Swing Line Bank, solely for its own account and shall not be subject to the provisions of Section 4.5; provided, however, at any time a Swing Line Overdraft Loan is outstanding, the payment of principal and interest with respect to all Loans shall be subordinated in right of payment and priority to the priorprior payment in full of the Swing Line Overdraft Loans and the Floor Plan Agent, the Agent and the Banks, as the case may be, shall remit to the Swing Line Bank, and the Swing Line Bank shall have the right to receive, all payments of principal and interest made by any Borrower in respect of any Loan and all other proceeds of Collateral securing the Loans for application and reduction of the aggregate principal amount of outstanding Swing Line Overdraft Loans. (d) If at any time the aggregate outstanding principal amount of all (i) Floor Plan Loans, plus (ii) Swing Line Loans, plus (iii) Swing Line Overdraft Loans, plus (iv) Requests