Common use of Swing Loan Commitments Clause in Contracts

Swing Loan Commitments. (a) Subject to the terms and conditions set forth in this Agreement, Swing Loan Lender agrees to lend to Borrower (the “Swing Loans”), and Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the date which is thirty (30) Banking Days prior to the Maturity Date upon notice by Borrower to the Swing Loan Lender given in accordance with this Section 2.5 such sums as are requested by Borrower for the purposes set forth in Section 5.9 that do not result in (i) an aggregate principal amount of Swing Loans at any one time outstanding (after giving effect to all amounts requested thereunder) being in excess of the Swing Loan Commitment, or (ii) the Outstanding Line Amount (after giving effect to all Swing Loans requested thereunder) shall not exceed the Aggregate Line Commitment, or (iii) the Outstanding Facility Amount (after giving effect to all amounts requested thereunder) being in excess of the Facility Availability Amount. Swing Loans shall constitute “Line Loans” for all purposes hereunder, but shall not be considered the utilization of a Lender’s Percentage of the Aggregate Line Commitment. The funding of a Swing Loan hereunder shall constitute a representation and warranty by Borrower that all of the conditions set forth in Article 8 have been satisfied on the date of such funding (other than advance notice requirements).

Swing Loan Commitments. (a) Subject to the terms and conditions set forth in this Agreement, Swing Loan Lender Bank agrees to lend to Borrower the Borrowers (the “"Swing Loans”"), and Borrower the Borrowers may borrow (and repay and reborrow) from time to time between the Closing Date and the date which is thirty (30) Banking Days prior to the Maturity Date upon notice by Borrower the Borrowers to the Swing Loan Lender Bank given in accordance with this Section 2.5 such sums as are requested by the Borrower for the purposes set forth in Section 5.9 that do not result in (i) an aggregate principal amount of Swing Loans at any one time outstanding being in excess of the Swing Loan Commitment, and (ii) the aggregate principal amount outstanding under the Notes (after giving effect to all amounts requested thereunder) plus the Letter of Credit Exposure being in excess of the Swing Loan Commitment, lesser of (A) the Line Commitment or (iiB) the Outstanding Line Amount (after giving effect to all Swing Loans requested thereunder) shall not exceed the Aggregate Line Commitment, or (iii) the Outstanding Facility Amount (after giving effect to all amounts requested thereunder) being in excess of the Facility Availability AmountBorrowing Base. Swing Loans shall constitute “Line "Loans” " for all purposes hereunder, but shall not be considered the utilization of a Lender’s Percentage Bank's Pro Rata Share of the Aggregate Line CommitmentCommitments. The funding of a Swing Loan hereunder shall constitute a representation and warranty by Borrower the Borrowers that all of the conditions set forth in Article 8 have been satisfied on the date of such funding (other than advance notice requirements).

Swing Loan Commitments. (a) Subject to the terms and conditions set forth in this Agreement, and if necessary to meet the Borrower's funding deadlines, Swing Loan Lender Bank agrees to lend to the Borrower (the “"Swing Loans”"), and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the date which is thirty seven (307) Banking Business Days prior to the Maturity Date upon notice by the Borrower to the Swing Loan Lender Bank given in accordance with this Section 2.5 2.5, such sums as are requested by the Borrower for the purposes set forth in Section 5.9 that do not result 2.10 in (i) an aggregate principal amount of Swing Loans at any one time outstanding not exceeding the Swing Loan Commitment; PROVIDED that at no time shall the aggregate principal balance of Swing Loans then outstanding, when added to the Swing Loan Bank's Commitment Percentage of all other Outstanding Loans (after giving effect to all amounts requested thereunderrequested) being in excess and Letters of Credit Outstanding, exceed the Swing Loan Commitment, or lesser of (i) such Bank's Commitment and (ii) such Bank's Commitment Percentage of the Outstanding Line Amount (after giving effect to Borrowing Base, PROVIDED, FURTHER, that in all Swing events no Default or Event of Default shall have occurred and be continuing; and PROVIDED, FURTHER, that the outstanding principal amount of the Loans requested thereunder) shall not exceed the Aggregate Line Commitment, or (iii) the Outstanding Facility Amount (after giving effect to all amounts requested thereunderrequested) being in excess and Letters of Credit Outstanding shall not at any time exceed the Facility Availability AmountTotal Commitment. Swing Loans shall constitute “Line "Loans” " for all purposes hereunder, but shall not be considered the utilization of a Lender’s Percentage of the Aggregate Line Bank's Commitment. The funding of a Swing Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Article 8 Section 10 and Section 11, in the case of the initial Swing Loan, and Section 11, in the case of all other Swing Loans, have been satisfied on the date of such funding (other than advance notice requirements)funding.

Swing Loan Commitments. (a) Subject to the terms and conditions set forth in this Agreement, Swing Loan Lender agrees to lend to Borrower (the “Swing Loans”), and Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the date which is thirty (30) Banking Days prior to the Maturity Date upon notice by Borrower to the Swing Loan Lender given in accordance with this Section 2.5 such sums as are requested by Borrower for the purposes set forth in Section 5.9 that do not result in (i) an aggregate principal amount of Swing Loans at any one time outstanding (after giving effect to all amounts requested thereunder) being in excess of the Swing Loan Commitment, or (ii) the Outstanding Line Amount (after giving effect to all Swing Loans requested thereunder) shall not exceed exceeding the Aggregate Line Commitment, or (iii) the Outstanding Facility Amount (after giving effect to all amounts requested thereunder) being in excess of the Facility Availability AmountAggregate Commitment. Swing Loans shall constitute “Line Loans” for all purposes hereunder, but shall not be considered the utilization of a Line Lender’s Line Loan Percentage of the Aggregate Line Commitment. The funding of a Swing Loan hereunder shall constitute a representation and warranty by Borrower that all of the conditions set forth in Article 8 have been satisfied on the date of such funding (other than advance notice requirements).

Swing Loan Commitments. (a) Subject to the terms and conditions set forth in this Agreement, Swing Loan Lender Bank agrees to lend to Borrower (the “Swing Loans”), and Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the date which is thirty (30) Banking Days prior to the Maturity Date upon notice by Borrower to the Swing Loan Lender Bank given in accordance with this Section 2.5 such sums as are requested by Borrower for the purposes set forth in Section 5.9 that do not result in (i) an aggregate principal amount of Swing Loans at any one time outstanding (after giving effect to all amounts requested thereunder) being in excess of the Swing Loan Commitment, or (ii) the Outstanding Line Amount (after giving effect to all Swing Loans requested thereunder) shall not exceed the Aggregate Line Commitment, or (iii) the Outstanding Facility Amount (after giving effect to all amounts requested thereunder) being in excess of the Facility Availability Amount. Swing Loans shall constitute “Line Loans” for all purposes hereunder, but shall not be considered the utilization of a LenderBank’s Percentage of the Aggregate Line Commitment. The funding of a Swing Loan hereunder shall constitute a representation and warranty by Borrower that all of the conditions set forth in Article 8 have been satisfied on the date of such funding (other than advance notice requirements).

Swing Loan Commitments. (a) Subject to the terms and conditions set forth in this Agreement, Swing Loan Lender agrees to lend to Borrower (the “Swing Loans”), and Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the date which is thirty (30) Banking Days prior to the Maturity Date upon notice by Borrower to the Swing Loan Lender given in accordance with this Section 2.5 such sums as are requested by Borrower for the purposes set forth in Section 5.9 that do not result in (i) an aggregate principal amount of Swing Loans at any one time outstanding (after giving effect to all amounts requested thereunder) being in excess of the Swing Loan Commitment, or (ii) the Outstanding Line Facility Amount (after giving effect to all Swing Loans requested thereunder) shall not exceed the Aggregate Line Commitment, or (iii) the Outstanding Facility Amount (after giving effect to all amounts requested thereunder) being in excess of the Facility Availability AmountAggregate Commitment. Swing Loans shall constitute “Line Loans” for all purposes hereunder, but shall not be considered the utilization of a Lender’s Percentage of the Aggregate Line Commitment. The funding of a Swing Loan hereunder shall constitute a representation and warranty by Borrower that all of the conditions set forth in Article 8 have been satisfied on the date of such funding (other than advance notice requirements).