Common use of Swing Loans Clause in Contracts

Swing Loans. Subject to the terms and conditions hereof and relying upon the representations and warranties herein set forth, and in order to facilitate loans and repayments between Settlement Dates, the Swingline Lender may, at its option, cancelable at any time for any reason whatsoever, make swing loans (the “Swing Loans”) to the Borrower at any time or from time to time after the date hereof to, but not including, the Expiration Date, in an aggregate principal amount up to but not in excess of the Swingline Cap; provided that, after giving effect to each such Loan, (i) the Revolving Facility Usage shall not at any time exceed the Revolving Credit Commitments and (ii) the aggregate amount of Indebtedness under this Agreement shall not exceed the Applicable Notes Indenture Cap; provided, further, that (x) at the Administrative Agent’s request, the Borrower shall provide the Administrative Agent calculations and supporting information reasonably satisfactory to the Administrative Agent showing compliance with clause (ii) and (y) notwithstanding the foregoing clause (x), the Administrative Agent shall have no obligation to request such calculation or information or to determine compliance with clause (ii), and shall be fully entitled to assume (without any further investigation) that each borrowing of Swing Loans complies with clause (ii) if the Borrower borrows Swing Loans. Within such limits of time and amount and subject to the other provisions of this Agreement, the Borrower may borrow, repay and reborrow pursuant to this Section 2.1.2 [Swing Loans].

Swing Loans. Subject to the terms and conditions hereof and relying upon the representations and warranties herein set forth, and in order to facilitate loans and repayments between Settlement Dates, the Swingline Lender may, at its option, cancelable at any time for any reason whatsoever, make swing loans (the “Swing Loans”) to the Borrower at any time or from time to time after the date hereof to, but not including, the Expiration Date, in an aggregate principal amount up to but not in excess of the Swingline Cap; provided that, after giving effect to each such Loan, (i) the Revolving Facility Usage shall not at any time exceed the lesser of (a) the Borrowing Base and (b) the Revolving Credit Commitments and (ii) the aggregate amount of Indebtedness under this Agreement shall not exceed the Applicable Notes Indenture Cap; provided, further, that (x) at the Administrative Agent’s request, the Borrower shall provide the Administrative Agent calculations and supporting information reasonably satisfactory to the Administrative Agent showing compliance with clause (ii) and (y) notwithstanding the foregoing clause (x), the Administrative Agent shall have no obligation to request such calculation or information or to determine compliance with clause (ii), and shall be fully entitled to assume (without any further investigation) that each borrowing of Swing Loans complies with clause (ii) if the Borrower borrows Swing Loans. Within such limits of time and amount and subject to the other provisions of this Agreement, the Borrower may borrow, repay and reborrow pursuant to this Section 2.1.2 [Swing Loans].

Swing Loans. Subject During the Revolving Availability Period, the Swing Line Lender agrees, subject to the terms and conditions hereof and relying upon the representations and warranties herein set forthforth in this Agreement, and in order to facilitate loans and repayments between Settlement Dates, the Swingline Lender may, at its option, cancelable at any time for any reason whatsoever, make swing loans (the “a Swing Loans”) Loan or Swing Loans to the Borrower at any time or from time to time time, which Swing Loans: (i) shall be payable on the Swing Loan Maturity Date applicable to each such Swing Loan; (ii) shall be made only in dollars; (iii) shall be made and maintained as ABR Loans; (iv) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; (v) may only be made if after giving effect thereto (A) the date hereof to, but not including, the Expiration Date, in an aggregate principal amount up to but of Swing Loans outstanding does not in excess of exceed the Swingline CapSwing Line Sublimit, and (B) the aggregate Revolving Exposures would not exceed the total Revolving Commitments; provided that(vi) shall not be made if, after giving effect thereto, the Borrower would be required to each such Loan, prepay Loans or cash collateralize Letters of Credit pursuant to Section 2.05(j); and (ivi) the Revolving Facility Usage shall not at be made if the proceeds thereof would be used to repay, in whole or in part, any time exceed the Revolving Credit Commitments and (ii) the aggregate amount of Indebtedness under this Agreement shall not exceed the Applicable Notes Indenture Cap; provided, further, that (x) at the Administrative Agent’s requestoutstanding Swing Loan. To request a Swing Loan, the Borrower shall provide notify the Administrative Agent calculations and supporting information reasonably satisfactory to the Administrative Agent showing compliance with clause Swing Line Lender of such request by written notice, not later than 10:00 a.m., New York City time, on the day of such proposed Swing Loan. Each such notice shall be irrevocable and shall specify the requested date (iiwhich shall be a Business Day) and (y) notwithstanding the foregoing clause (x), aggregate principal amount of the Administrative Agent shall have no obligation to request such calculation or information or to determine compliance with clause (ii), and shall be fully entitled to assume (without any further investigation) that each borrowing of requested Swing Loans complies with clause (ii) if the Borrower borrows Swing Loans. Within such limits of time and amount and subject to the other provisions of this Agreement, the Borrower may borrow, repay and reborrow pursuant to this Section 2.1.2 [Swing Loans]Loan.

Swing Loans. Subject to (a) The Swing Loan Bank, in its sole discretion, on the terms and subject to the conditions hereof and relying upon the representations and warranties herein set forthcontained in this Agreement, and in order to facilitate loans and repayments between Settlement Dates, the Swingline Lender may, at its option, cancelable at any time for any reason whatsoever, may make swing loans advances (the “Swing Loans”each a "SWING LOAN") to the Borrower at any time or from time to time after on any Business Day during the period from the date hereof to, but not including, until the Expiration Date, day preceding the Termination Date in an aggregate principal amount up not to but not in excess exceed at any time outstanding the lesser of the Swingline Cap; provided that, after giving effect to each such Loan, (i) the Revolving Facility Usage shall not at any time exceed the Revolving Credit Commitments Swing Loan Available Credit, and (ii) the difference between the Swing Loan Bank's Commitment and the aggregate outstanding principal amount of Indebtedness the Swing Loans and the Loans made by it and its Ratable Portion of all Letter of Credit Obligations then outstanding. The Swing Loan Bank shall be entitled to rely on the most recent Borrowing Base Certificate delivered to the Agent. Within the limits set forth above, Swing Loans repaid may be reborrowed under this Agreement Section 2.17. (b) Each Swing Loan shall not exceed be made upon such notice as the Applicable Notes Indenture Cap; provided, further, that (x) at the Administrative Agent’s request, Swing Loan Bank and the Borrower shall provide agree. Upon fulfillment of the Administrative Agent calculations applicable conditions set forth in Article III and supporting information reasonably satisfactory if the Swing Loan Bank elects, in its sole discretion, to make such Swing Loan, the Swing Loan Bank will make each Swing Loan available to the Administrative Agent showing compliance with clause (ii) and (y) notwithstanding Borrower at the foregoing clause (x), the Administrative Agent shall have no obligation Agent's address referred to request such calculation or information or to determine compliance with clause (ii), and shall be fully entitled to assume (without any further investigation) that each borrowing of Swing Loans complies with clause (ii) if the Borrower borrows Swing Loans. Within such limits of time and amount and subject to the other provisions of this Agreement, the Borrower may borrow, repay and reborrow pursuant to this in Section 2.1.2 [Swing Loans]10.

Swing Loans. Subject to the terms and conditions hereof and relying upon the representations and warranties herein set forth, and in order to facilitate loans and repayments between Settlement Dates, the Swingline Lender may, at its option, cancelable at any time for any reason whatsoever, make swing loans (the “Swing Loans”) to the Borrower at any time or from time to time after the date hereof to, but not including, the Expiration Date, in an aggregate principal amount up to but not in excess of the Swingline Cap; provided that, immediately after giving effect to each such Swing Loan, (i) the Revolving Facility Usage shall not at any time exceed the lesser of (a) the Borrowing Base and (b) the Revolving Credit Commitments Commitments, (ii) the Pari Passu Outstanding Secured Obligations shall not exceed the Borrowing Base and (iiiii) the aggregate amount of Indebtedness under this Agreement and the outstanding Pari Passu Term B Debt shall not exceed the Applicable Notes Indenture Cap; provided, further, that (x) at the Administrative Agent’s request, the Borrower shall provide the Administrative Agent calculations and supporting information reasonably satisfactory to the Administrative Agent showing compliance with clause (ii) and (y) notwithstanding notwith- standing the foregoing clause (x), the Administrative Agent shall have no obligation to request such calculation or information or to determine compliance with clause (ii), and shall be fully entitled to assume (without any further investigation) that each borrowing of Swing Loans complies with clause (ii) if the Borrower borrows Swing Loans. Within such limits of time and amount and subject to the other provisions of this Agreement, the Borrower may borrow, repay and reborrow pursuant to this Section 2.1.2 [Swing Loans].