Swing Line Subfacility. (a) For the convenience of the parties and as an integral part of the transactions contemplated by the Loan Papers, NationsBank, solely for its own account, may make any requested Borrowing of $250,000 or a greater integral multiple thereof, subject to those terms and conditions applicable to Borrowings set forth in SECTION 7.3(b), (c), (d), and (e), directly to Borrower as a Swing Line Borrowing without requiring any other Lender to fund its Pro Rata Part thereof unless and until SECTION 2.2(b) is applicable; PROVIDED THAT: (i) each such Borrowing must occur on a Business Day prior to, and not on or after, the Swing Line Maturity Date; (ii) the aggregate Swing Line Principal Debt outstanding on any date of determination shall not exceed the Swing Line Commitment; (iii) on any date of determination, the Revolver Commitment Usage shall never exceed the Revolver Commitment; (iv) at the time of such Swing Line Borrowing, no Default or Potential Default shall have occurred and be continuing; (v) each Swing Line Borrowing shall bear interest at a rate per annum equal to the LESSER OF (a) the Base Rate plus the Applicable Margin for Base Rate Borrowings under the Revolver Facility, AND (b) the Maximum Rate; PROVIDED THAT at any time after Revolver Lenders are deemed to have purchased pursuant to SECTION 2.2(b) a participation in any Swing Line Borrowing, such Borrowing shall bear interest at the Default Rate; and (vi) no additional Swing Line Borrowing shall be made at any time after any Revolver Lender has refused, notwithstanding the requirements of SECTION 2.2(b), to purchase a participation in any Swing Line Borrowing as provided in such Section, and until such purchase shall occur or until the Swing Line Borrowing has been repaid. Each Borrowing under the Swing Line Subfacility shall be available and may be prepaid on same day telephonic notice from Borrower to NationsBank, SO LONG AS such notice is received by NationsBank prior to 12:00 noon (Dallas, Texas time). Interest on Swing Line Borrowings shall be paid monthly in arrears on the last Business Day of each month. Principal on each Swing Line Borrowing shall be repaid on the last Business Day of the month following such Swing Line Borrowing.
Swing Line Subfacility. (a) For the convenience of the parties and as an integral part of the transactions contemplated by the Loan Documents, Swing Line Lender, solely for its own account, agrees to make any requested Borrowing of $500,000 or a greater integral multiple of $100,000, subject to those terms and conditions applicable to Borrowings set forth in SECTION 7.4(b), (c), (d), (e), and (f), directly to Borrower as a Swing Line Borrowing without requiring any other Lender to fund its Pro Rata Part thereof unless and until SECTION 2.5(b) is applicable; provided that: (i) each Swing Line Borrowing must occur on a Business Day and no later than the Business Day immediately preceding the Termination Date for the Revolver Facility; (ii) the aggregate Swing Line Principal Debt outstanding on any date of determination shall not exceed the Swing Line Commitment; (iii) on any date of determination, the Revolver Commitment Usage shall never exceed the Revolver Commitment; (iv) the Swing Line Principal Debt outstanding on any date of determination shall not exceed the Revolver Commitment then in effect; (v) at the time of such Swing Line Borrowing, no Default or Potential Default shall have occurred and be continuing; (vi) each Swing Line Borrowing shall bear interest at a rate per annum equal to a rate mutually agreed upon by Borrower and Swing Line Lender or, if no such rate is mutually agreed upon, the Base Rate plus the Applicable Margin for Base Rate Borrowings for the Revolver Facility; provided that at any time after Revolver Lenders are deemed to have purchased, pursuant to SECTION 2.5(b), a participation in any Swing Line Borrowing, such Borrowing shall bear interest at the Default Rate; and (vii) no additional Swing Line Borrowing shall be made at any time after any Revolver Lender has refused, notwithstanding the requirements of SECTION 2.5(b), to purchase a participation in any Swing Line Borrowing as provided in such Section, and until such purchase shall occur or until the Swing Line Borrowing has been repaid. Each Borrowing under the Swing Line Subfacility shall be available and may be prepaid on same day telephonic notice from Borrower to Swing Line Lender, so long as such notice is received by Swing Line Lender prior to 1:00 p.m., Dallas, Texas time. Accrued interest on Swing Line Borrowings shall be due and payable on each March 31, June 30, September 30, and December 31, and on the Termination Date for the Revolver Facility.
Swing Line Subfacility. (a) For the convenience of the parties, the Administrative Agent, solely for its own account, may make any requested Borrowing of not less than $500,000 (or a greater integral multiple of $100,000) directly to Borrower as a Swing Line Borrowing without requiring each other Lender to fund its Pro Rata Part thereof unless and until Section 2.4(c) is applicable. Swing Line Borrowings are subject to the following conditions:
Swing Line Subfacility. (a) Subject to the terms and conditions hereof, if necessary to meet Borrower’s funding deadlines, Administrative Agent agrees to make Swing Line Loans to Borrower at any time on or prior to the three (3) Business Days prior to the Termination Date, not to exceed an amount at any one time outstanding equal to the lesser of (i) $20,000,000, and (ii) the Unused Commitment. Swing Line Loans shall constitute “Borrowings” for all purposes hereunder, except that Swing Line Loans shall not be considered a utilization of any Lender’s Commitment (other than of Administrative Agent).
Swing Line Subfacility. Subject to the terms and conditions hereof, NationsBank, N.A., in its individual capacity (as such, the ASwing Line Lender"), shall, in its sole and absolute discretion from and after the Effective Date until one Business Day prior to the Maturity Date, make certain revolving credit loans (each, a "Swing Line Loan" and, collectively, the "Swing Line Loans") to the Borrower; provided, however, that (i) the aggregate principal amount of all Swing Line Loans shall at no time exceed $10,000,000.00 (such amount, the "Swing Line Subfacility"), and (ii) the sum of the aggregate amount of all Revolving Loans (whether bearing interest at the ABR or Applicable LIBOR Rate) plus the aggregate amount of all Swing Line Loans plus the aggregate amount of all Standby Letters of Credit shall at no time exceed the Facility Amount.
Swing Line Subfacility. (A) Subject to the terms and conditions hereof, if necessary to meet Borrower's funding deadlines, NationsBank agrees to make Swing Line Loans to Borrower at any time on or prior to the Swing Line Maturity Date, not to exceed an amount at any one time outstanding equal to the lesser of (i) $50,000,000, and (ii) the difference between the Total Commitment and the Total Principal Debt. Swing Line Loans shall constitute "Borrowings" for all purposes hereunder, except that Swing Line Loans shall not be considered a utilization of any Lender's Commitment. Notwithstanding the foregoing, the Total Principal Debt (including, without limitation, all Swing Line Loans) shall not at any time exceed the Total Commitment.
Swing Line Subfacility. As of January 4, 2011, the Swing Line Subfacility is terminated, and Borrower shall not be allowed to request, and Swing Line Lender shall not be obligated to advance, any Swing Line Loans.
Swing Line Subfacility. (i) In addition to its other agreements with respect to the making of Committed Loans, the Swing Line Lender additionally agrees, on the terms and conditions of the Loan Documents (and subject to the Swing Line Lender's discretion, as provided in Section 1.2(b)(ii)(B)), to make Advances to Borrower from time to time, on a same-day basis, on Banking Days during the Swing Line Availability Period that do not fall within the last three (3) Business Days preceding a noticed reduction in the Maximum Loan Amount pursuant to Section 1.1(a), in an aggregate principal amount not exceeding at any one time the lesser of (A) the Committed Loan Availability and (B) Fifty Million Dollars ($50,000,000) (the foregoing subfacility, the "Swing Line"). The Swing Line Lender's obligation to fund Swing Line Borrowings shall be unaffected by its making of any Committed Loans or issuance of Letters of Credit, notwithstanding that the sum of the Swing Line Borrowings plus the Swing Line Lender's Pro Rata Share of the aggregate principal amount of the outstanding Committed Loans and Letter of Credit Exposure, may exceed the Swing Line Lender's Commitment.
Swing Line Subfacility. (a) Subject to the terms and conditions hereof, if necessary to meet any Borrower's funding deadlines, Bank of America agrees to make Swing Line Loans to Borrowers at any time on or prior to the Termination Date, not to exceed an amount in the aggregate for all Borrowers at any one time outstanding equal to the lesser of (i) $75,000,000, and (ii) the difference between the Total Commitment and the Total Principal Debt. Swing Line Loans shall constitute "Borrowings" for all purposes hereunder, except that Swing Line Loans shall not be considered a utilization of any Lender's Commitment. Notwithstanding the foregoing, the Total Principal Debt (including, without limitation, all Swing Line Loans) shall not at any time exceed the Total Commitment.
Swing Line Subfacility. The Swing Line Lender has established the Swing Line Loan Sublimit Commitment for the Borrowers as a sublimit under the Revolving Loan Commitment. The Borrowings and repayments under the Swing Line Loan Sublimit Commitment shall be pursuant to Section 2.12 hereof. The Swing Line Loan Sublimit Commitment is a part of, and not in addition to, the Revolving Loan Commitment.
