Common use of Swing Line Subfacility Clause in Contracts

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 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 1,000,000 or a greater integral multiple of $100,000, subject to those terms and conditions applicable to Borrowings set forth in SECTION 7.4(bSection 7.3(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(bSection 2.6(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 to 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 FacilityLender; provided that at any time after Revolver Lenders are deemed to have purchased, pursuant to SECTION 2.5(bSection 2.6(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(bSection 2.6(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 and as an integral part of the transactions contemplated by the Loan Credit Documents, Swing Line LenderBank One, solely for its own account, agrees may elect, in its sole discretion, 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; Commitment Percentage thereof, provided that: (i) each Swing Line such CREDIT AGREEMENT PMC COMMERCIAL TRUST Borrowing must occur on a Business Day prior to, and no later than not on or after, the Business Day immediately preceding the Termination Date for the Revolver FacilitySwing Line Maturity Date; (ii) the aggregate Swing Line Principal Debt outstanding on any date of determination shall not exceed the Swing Line Commitment$5,000,000; (iii) each such Borrowing must be in an amount equal to $250,000 or a greater integral multiple thereof; (iv) 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 Event of Default or Potential Default shall have occurred and be continuingcontinuing and all other conditions precedent for Borrowings set forth in Section 6 shall have been satisfied or waived; (vi) each Swing Line Borrowing shall bear interest at be 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; Borrowing (provided that at any time after Revolver Lenders are deemed to have purchased, purchased pursuant to SECTION 2.5(b), Section 2.2(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(bSection 2.2(b), to purchase a participation in any Swing Line Borrowing as provided in such SectionSection 2.2(b), 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 LenderBank One, so long as such notice is received by Swing Line Lender Bank One prior to 1:00 p.m., Dallas, Texas time12:00 noon. Accrued interest on Swing Line Borrowings shall be are due and payable on each March 31, June 30, September 30, and December 31, and on by Borrower upon the Termination Date earlier of (i) five Business Days after the borrowing date for such Swing Line Borrowing or (ii) the Revolver Facilitydate of demand by Bank One.

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 LenderNationsBank, solely for its own account, agrees to may make any requested Borrowing Loan of $500,000 250,000 or a greater integral multiple of $100,000thereof, subject to those terms and conditions applicable to Borrowings Loans set forth in SECTION 7.4(b), CLAUSES (c), (d), (e), a) and (f)b) of the first sentence of SECTION 5.2, directly to Borrower as a Swing Line Borrowing Loan without requiring any other Lender to fund its Pro Rata Part ratable portion thereof unless and until SECTION 2.5(b2.2(b) is applicable; provided that: (i) each such Swing Line Borrowing Loan must occur on a Business Day prior to, and no later than the Business Day immediately preceding not on or after, the Termination Date for the Revolver FacilityDate; (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 aggregate principal amount of all Loans shall never exceed the Revolver Commitmentaggregate amount of the Commitments of the Lenders; (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 BorrowingLoan, no Default or Potential Event of Default shall have occurred and be continuing; (viv) each Swing Line Borrowing Loan shall bear interest be at a rate per annum equal to a rate mutually agreed upon by Borrower the lesser of (a) the Money Market Rate, and Swing Line Lender or, if no such rate is mutually agreed upon, (b) the Base Rate plus the Applicable Margin for Base Rate Borrowings for the Revolver FacilityMaximum Rate; provided that at any time after Revolver Revolving Lenders are deemed to have purchased, purchased pursuant to SECTION 2.5(b), 2.2(b) a participation in any Swing Line Borrowing, such Borrowing shall bear interest at the Post-Default Rate; and (viivi) no additional Swing Line Borrowing Loan shall be made at any time after any Revolver Lender has refused, notwithstanding the requirements of SECTION 2.5(b2.2(b), to purchase a participation in any Swing Line Borrowing Loan as provided in such Section, and until such purchase shall occur or until the Swing Line Borrowing Loan has been repaid. Each Borrowing Swing Line Loan under the Swing Line Subfacility shall be available and may be prepaid on same day telephonic notice from Borrower to Swing Line LenderNationsBank, so long as such notice is received by Swing Line Lender NationsBank prior to 1:00 p.m., p.m. Dallas, Texas time. Accrued interest on Each Swing Line Borrowings Loan shall be due repaid in full, together with all accrued and payable unpaid interest thereon, not later than the tenth Business Day after the date on each March 31, June 30, September 30, and December 31, and on the Termination Date for the Revolver Facilitywhich such Swing Line Loan was funded.

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 $500,000 100,000 or a greater integral multiple of $100,000thereof, subject to those terms and conditions applicable to Borrowings set forth in SECTION 7.4(b), (c), (d), SECTIONS 7.2(c) through (e), and (f), directly to Borrower Borrowers as a Swing Line Borrowing without requiring any other Lender to fund its Pro Rata Part thereof unless and until SECTION 2.5(b2.3(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 FacilityDate; (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 FacilityRate; provided that at any time after Revolver Lenders are deemed to have purchased, pursuant to SECTION 2.5(b2.3(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(b2.3(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 Borrowing shall be available and may be prepaid on same day telephonic notice from any 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.Line

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 1,000,000 or a greater integral multiple of $100,000, subject to those terms and conditions applicable to Borrowings set forth in SECTION 7.4(b), (c7.3(c), (d), (e), (f), (g), and (fh), 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 thatPROVIDED 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 Revolver 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 PLUS the Applicable Margin for Base Rate Borrowings for under the Revolver Facility; provided that 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 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. On each Swing Line Maturity Date, all Swing Line Principal Debt then outstanding shall be repaid in full.

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 LenderXxxxx Fargo Bank (Texas), National Association ("Xxxxx Fargo"), solely for its own account, agrees to may make any requested Borrowing in the form of EXHIBIT "E" 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), (cSection 6.02(c), (d), (e), and (f), directly to Borrower Borrowers as a Swing Line Borrowing without requiring any other Lender Bank to fund its Pro Rata Part thereof unless and until SECTION 2.5(bSection 2.03(b) is applicable; provided thatPROVIDED THAT: (i) each Swing Line such Borrowing must occur on a Business Day prior to, and no later than not on or after, the Business Day immediately preceding the Termination Date for the Revolver FacilitySwing Line Maturity Date; (ii) the aggregate Swing Line Principal Debt outstanding on any date of determination shall not exceed the Swing Line Commitment$20,000,000; (iii) on any date of determination, the Revolver Commitment Usage total amount outstanding under this Loan Agreement, after taking into account such requested Swing Line Borrowing, shall never exceed the Revolver Commitment; (iv) lesser of the Swing Line Principal Debt outstanding on any date of determination shall not exceed Total Commitment or the Revolver Commitment Revolving Credit Borrowing Base then in effect; (viv) at the time of such Swing Line Borrowing, no Event of Default or Potential Default event, which with the giving of notice or the passage of time, or both, could constitute an Event of 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 (viiv) no additional Swing Line Borrowing shall be made at any time after any Revolver Lender Bank has refused, notwithstanding the requirements of SECTION 2.5(bSection 2.03(b), to purchase a participation in any Swing Line Borrowing as provided in such SectionSection 2.03(b), 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 by telephonic notice (to be followed immediately by written notice) from Borrower Borrowers to Swing Line LenderXxxxx Fargo, so long as SO LONG AS such notice is received by Swing Line Lender Xxxxx Fargo prior to 1:00 p.m., Dallas12:00 noon (Fort Worth, Texas time). Accrued interest on Each Swing Line Borrowings Borrowing shall be due and payable on each March 31, June 30, September 30, and December 31, and by Borrowers on the Termination Date for earlier of (a) five (5) Business Days after the Revolver Facilitydate of such Swing Line Borrowing, (b) the occurrence of an Event of Default or (c) the Swing Line Maturity Date.