Common use of Swingline Commitment Clause in Contracts

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forth, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans to the Borrower (each a “Swingline Loan” and, collectively, the “Swingline Loans”) from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY MILLION DOLLARS ($20,000,000) (the “Swingline Committed Amount”), and (ii) the sum of the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Company in U.S. Dollars to the Borrower Company (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from during the Closing Date until the Maturity Date Commitment Period for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIFTY MILLION DOLLARS ($20,000,00050,000,000) (the “"Swingline Committed Amount”"), and (ii) the sum aggregate Dollar Amount with respect to principal of the aggregate principal amount of outstanding U.S. Revolving Loans plus outstanding Multicurrency Revolving Loans plus outstanding Swingline Loans plus all LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate sum of the U.S. Revolving Committed Amount plus the Multicurrency Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan ABR Loans in accordance with the provisions of this Section 2.3subsection 2.15, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forth, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY TWENTY-FIVE MILLION DOLLARS ($20,000,00025,000,000.00) (the “"Swingline Committed Amount”"), and (ii) the sum aggregate principal amount of outstanding Revolving Loans plus the aggregate principal amount of Revolving outstanding Competitive Loans plus the aggregate principal amount of outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans or Quoted Rate Swingline Loans as the Borrower may request in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof hereof, the Swingline Lender may, in its discretion and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “Swingline Loan” and, collectively, the “Swingline Loans”) from time to time from the Closing Date until the Revolving Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIFTEEN MILLION DOLLARS ($20,000,00015,000,000) (the “Swingline Committed Amount”), and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Company to the Borrower Company in Dollars (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from during the Closing Date until the Maturity Date Commitment Period for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY TEN MILLION DOLLARS ($20,000,00010,000,000) (the “"Swingline Committed Amount”"), and (ii) the sum of the aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus all outstanding LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan ABR Loans in accordance with the provisions of this Section 2.32.13, and may be repaid and reborrowed in accordance with the provisions hereof. No Swingline Loans shall be made on the Closing Date.

Swingline Commitment. Subject to the terms and conditions hereof hereof, the Swingline Lender may, in its discretion and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “Swingline Loan” and, collectively, the “Swingline Loans”) from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY SEVENTY FIVE MILLION DOLLARS ($20,000,00075,000,000) (the “Swingline Committed Amount”), ) and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forth, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIFTY MILLION DOLLARS ($20,000,00050,000,000.00) (the “"Swingline Committed Amount”"), and (ii) the sum aggregate principal amount of outstanding Revolving Loans plus the aggregate principal amount of Revolving outstanding Competitive Loans plus the aggregate principal amount of outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans or Quoted Rate Swingline Loans as the Borrower may request in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY TEN MILLION DOLLARS ($20,000,00010,000,000) (the “"Swingline Committed Amount”"), and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and set forth herein, the Swingline Lender may, in reliance upon the representations agreements of the other Revolving Lenders set forth in this Section 2.5 and warranties herein set forth, the Swingline Lender, in its individual capacitysole discretion, agrees to make certain revolving credit loans to the Borrower Borrowers (each a “Swingline Loan” and, collectively, the “Swingline Loans”) at any time and from time to time time, during the period from the Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY MILLION DOLLARS ($20,000,000) (the “Swingline Committed Amount”)Sublimit, and (ii) the sum of the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans in accordance with the provisions of this Section 2.32.5, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forth, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY MILLION DOLLARS ($20,000,000) (the “"Swingline Committed Amount”"), and (ii) the sum of the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY MILLION DOLLARS ($20,000,000) (the “"Swingline Committed Amount”), ") and (ii) with regard to the sum of Lenders collectively, the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3Loans, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof hereof, the Swingline Lender may, in its discretion and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “Swingline Loan” and, collectively, the “Swingline Loans”) from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIFTY MILLION DOLLARS ($20,000,00050,000,000) (the “Swingline Committed Amount”), ) and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “Swingline Loan” "SWINGLINE LOAN" and, collectively, the “Swingline Loans”"SWINGLINE LOANS") from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; providedPROVIDED, howeverHOWEVER, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY TEN MILLION DOLLARS ($20,000,00010,000,000) (the “Swingline Committed Amount”"SWINGLINE COMMITTED AMOUNT"), and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans outstanding plus PLUS LOC Obligations plus obligations in respect of PLUS Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans or Quoted Rate Swingline Loans as the Borrower may request in accordance with the provisions of this Section 2.3, 2.3 and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forth, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIFTEEN MILLION DOLLARS ($20,000,00015,000,000.00) (the “"Swingline Committed Amount”"), and (ii) the sum aggregate principal amount of outstanding Committed Loans plus the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans plus the aggregate principal amount outstanding at any time of Competitive Loans shall not exceed the aggregate Revolving Total Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans or Quoted Rate Swingline Loans as the Borrower may request in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof hereof, the Swingline Lender may, in its discretion and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “Swingline Loan” and, collectively, the “Swingline Loans”) from time to time from the Closing Date until the Revolving Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY MILLION DOLLARS ($20,000,000) (the “Swingline Committed Amount”), ) and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and set forth herein, the Swingline Lender may, in reliance upon the representations agreements of the other Revolving Lenders set forth in this Section 2.5 and warranties herein set forth, the Swingline Lender, in its individual capacitysole discretion, agrees to make certain revolving credit loans to the Borrower Borrowers (each a “Swingline Loan” and, collectively, the “Swingline Loans”) at any time and from time to time time, during the period from the Closing Effective Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY MILLION DOLLARS ($20,000,000) (the “Swingline Committed Amount”)Sublimit, and (ii) the sum of the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans in accordance with the provisions of this Section 2.32.5, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY MILLION ZERO DOLLARS ($20,000,0000) (the “"Swingline Committed Amount”"), and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the Committed Amount and (iii) the sum of the aggregate outstanding principal amount of Revolving Committed AmountLoans plus Swingline Loans shall not exceed the Borrowing Base. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, Loans and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Company in Dollars to the Borrower Company (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from during the Closing Date until the Maturity Date Commitment Period for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIFTY MILLION DOLLARS ($20,000,00050,000,000) (the “"Swingline Committed Amount”"), and (ii) the sum aggregate principal amount of outstanding Revolving Credit Loans plus the aggregate principal amount of Revolving outstanding Swingline Loans outstanding plus all LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan ABR Loans in accordance with the provisions of this Section 2.3subsection 2.15, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIVE MILLION DOLLARS ($20,000,0005,000,000) (the “"Swingline Committed Amount”"), and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, Loans and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY MILLION DOLLARS ($20,000,000) (the “"Swingline Committed Amount”), ") and (ii) with regard to the sum of Revolving Lenders collectively, the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3Loans, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIFTEEN MILLION DOLLARS ($20,000,00015,000,000) (the “"Swingline Committed Amount”"), and (ii) with regard to the sum of Lenders collectively, the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans or Quoted Rate Swingline Loans, as the Borrower may request in accordance with the provisions of this Section 2.3hereof, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “Swingline Loan” and, collectively, the “Swingline Loans”) from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY TWO MILLION DOLLARS ($20,000,0002,000,000) (the “Swingline Committed Amount”), and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate lesser of (A) the Revolving Committed AmountAmount and (B) the Borrowing Base. Swingline Loans hereunder shall be made as a Base Rate Loan Loans in accordance with the provisions of this Section 2.3, 2.3 and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forth, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIVE MILLION DOLLARS ($20,000,0005,000,000) (the “"Swingline Committed Amount”"), and (ii) the sum of the aggregate principal amount of outstanding Revolving Loans plus the aggregate of principal of outstanding Swingline Loans plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the lesser of (A) the Borrowing Base and (B) the aggregate Revolving Committed AmountAmount then in effect. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and -------------------- in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time -------------- --------------- from the Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIVE MILLION DOLLARS ($20,000,0005,000,000) (the “"Swingline Committed Amount”"), and (ii) with regard to the sum of Lenders -------------------------- collectively, the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans or Quoted Rate Swingline Loans, as the Borrower may request in accordance with the provisions of this Section 2.3hereof, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “Swingline LoanSWINGLINE LOAN” and, collectively, the “Swingline LoansSWINGLINE LOANS”) from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY MILLION DOLLARS ($20,000,000) (the “Swingline Committed AmountSWINGLINE COMMITTED AMOUNT”), and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans or Quoted Rate Swingline Loans as the Borrower may request in accordance with the provisions of this Section 2.3, 2.3 and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in -------------------- reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline --------- Loan” " and, collectively, the “"Swingline Loans”") from time to time from the ---- Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans ----------------- outstanding at any time shall not exceed TWENTY TEN MILLION DOLLARS ($20,000,00010,000,000) (the “"Swingline Committed Amount”"), and (ii) with regard to the sum of Lenders collectively, --------------------------- the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3Loans, and may be repaid and or reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIVE MILLION DOLLARS ($20,000,0005,000,000) (the “"Swingline Committed Amount”"), and (ii) with regard to the sum of Lenders collectively, the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Aggregate Revolving Committed AmountCommitted. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3Loans, and may be repaid and or reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthhereof, the Swingline LenderBank, in its individual capacity, agrees to make certain revolving credit loans to the Borrower (each a “Swingline Loan” and, collectively, the “Swingline Loans”) from time in Dollars to time from the Closing Date until the Maturity Date Borrowers for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding shall not at any time shall not exceed TWENTY FIFTY MILLION DOLLARS ($20,000,00050,000,000) (the “Swingline Committed Amount”), and (ii) with regard to the sum of Banks collectively, the aggregate principal amount of Revolving Loans Obligations outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding shall not at any time exceed the Aggregate Revolving Committed Amount and (iii) with regard to each Bank individually, each Bank’s Revolving Commitment Percentage of Revolving Obligations outstanding shall not at any time exceed the aggregate such Bank’s Revolving Committed Amount. Swingline Loans hereunder shall be made as a may consist of Base Rate Loan in accordance with Loans or Fed Funds Swingline Loans (or a combination thereof), as the provisions of this Section 2.3Borrower Representative may request, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof set forth herein, the Swingline Lender may, in its sole discretion and in reliance upon the representations and warranties herein agreements of the other Revolving Lenders set forthforth in this Section 2.5, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans to the Borrower Borrowers (each a “Swingline Loan” and, collectively, the “Swingline Loans”) at any time and from time to time time, during the period from the Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY TEN MILLION DOLLARS ($20,000,00010,000,000) (the “Swingline Committed Amount”), and (ii) the sum of the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans in accordance with the provisions of this Section 2.32.5, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") at any time and from time to time time, during the period from and including the Closing Effective Date until to but not including the Revolving Loan Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIVE MILLION DOLLARS ($20,000,0005,000,000.00) (the “"Swingline Committed Amount”"), and (ii) the sum of the aggregate principal amount of outstanding Revolving Loans plus the aggregate principal amount of outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate lesser of (x) the Revolving Committed AmountAmount and (y) the Borrowing Base. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.Loans in

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “Swingline Loan” "SWINGLINE LOAN" and, collectively, the “Swingline Loans”"SWINGLINE LOANS") from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; providedPROVIDED, howeverHOWEVER, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY TEN MILLION DOLLARS ($20,000,00010,000,000) (the “Swingline Committed Amount”"SWINGLINE COMMITTED AMOUNT"), and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans outstanding plus PLUS LOC Obligations plus obligations in respect of PLUS Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.as

Swingline Commitment. Subject to the terms and conditions hereof -------------------- and in reliance upon the representations and warranties herein set forth, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans to the Borrower (each a “"Swingline Loan” " and, -------------- collectively, the “"Swingline Loans”") from time to time from the Closing --------------- Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans -------- ------- outstanding at any time shall not exceed TWENTY MILLION DOLLARS ($20,000,000) (the “"Swingline Committed Amount”"), and (ii) the sum of the -------------------------- aggregate principal amount of Revolving Loans outstanding plus LOC ---- Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forth, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; providedprovided further, however, that (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY TWO MILLION DOLLARS ($20,000,0002,000,000.00) (the “"Swingline Committed Amount”"), and (ii) the sum aggregate principal amount of outstanding Revolving Loans plus LOC Obligations outstanding plus the aggregate principal amount of Revolving outstanding Competitive Loans plus the aggregate principal amount of outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans or Quoted Rate Swingline Loans as the Borrower may request in accordance with the provisions of this Section 2.32.4, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forth, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY TEN MILLION DOLLARS ($20,000,00010,000,000.00) (the “"Swingline Committed Amount”"), and (ii) the sum aggregate principal amount of outstanding Revolving Loans plus the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect the aggregate principal amount of outstanding Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans or Quoted Rate Swingline Loans as the Borrower may request in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forth, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans to the Borrower (each a “Swingline Loan” "SWINGLINE LOAN" and, collectively, the “Swingline Loans”"SWINGLINE LOANS") from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; providedPROVIDED, howeverHOWEVER, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FOUR MILLION DOLLARS ($20,000,0004,000,000) (the “Swingline Committed Amount”"SWINGLINE COMMITTED AMOUNT"), and (ii) the sum of the aggregate principal amount of outstanding Revolving Loans outstanding plus LOC Obligations plus obligations in respect of PLUS outstanding Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") at any time and from time to time time, during the period from and including the Closing Effective Date until to but not including the Revolving Loan Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIVE MILLION DOLLARS ($20,000,0005,000,000.00) (the “"Swingline Committed Amount”"), and (ii) the sum of the aggregate principal amount of outstanding Revolving Loans plus the aggregate principal amount of outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate lesser of (x) the Revolving Committed AmountAmount and (y) the Borrowing Base. Swingline Loans hereunder shall be made as a Base Rate Loan Loans in accordance with the provisions of this Section 2.32.2, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthof this Agreement, the Swingline LenderAdministrative Agent, in its individual capacitycapacity as Swingline Lender, agrees to make certain revolving credit loans requested by the Co-Borrowers in Dollars to the Borrower Co-Borrowers (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Revolver Facility Termination Date for the purposes hereinafter set forth; provided, however, that at any time (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY MILLION DOLLARS ($20,000,000) (the “Swingline Committed Amount”), and (ii) the sum of the aggregate principal amount of Revolving outstanding Revolver Loans (including the Assigned Dollar Value of all Foreign Currency Loans) plus the aggregate principal amount of outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Aggregate Revolving Committed AmountLoan Commitment. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, Loans and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthhereof, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Effective Date until the earlier of (i) the Business Day one day prior to the date of Bank of America's resignation as Agent and (ii) the Maturity Date for the purposes hereinafter set forthDate; provided, however, provided that (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY MILLION DOLLARS ($20,000,000) (the “Swingline Committed Amount”), Amount and (ii) with regard to the sum Lenders collectively, the amount of outstanding Revolving Obligations outstanding (including the Dollar Amount (determined as of the aggregate principal amount most recent Determination Date) of Revolving Loans the outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time Foreign Currency Loans) shall not exceed the aggregate Aggregate Revolving Committed Amount, as changed from time to time. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.32.4, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrowers in Dollars to the Borrower Borrowers (each a “Swingline Loan” and, collectively, the “Swingline Loans”) from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY TWENTY-FIVE MILLION DOLLARS ($20,000,00025,000,000) (the “Swingline Committed Amount”), and (ii) the sum aggregate principal amount of outstanding Revolving Loans plus the aggregate principal amount of Revolving outstanding Swingline Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans, shall bear interest as set forth in accordance with the provisions of this Section 2.32.4(c)(i) hereof, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “Swingline Loan” "SWINGLINE LOAN" and, collectively, the “Swingline Loans”"SWINGLINE LOANS") from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY MILLION DOLLARS ($20,000,000) (the “Swingline Committed Amount”"SWINGLINE COMMITTED AMOUNT"), and (ii) the sum of the aggregate outstanding principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans or Quoted Rate Swingline Loans as the Borrower may request in accordance with the provisions of this Section 2.3, 2.3 and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrowers in Dollars to the Borrower Borrowers (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIVE MILLION DOLLARS ($20,000,00025,000,000) (the “"Swingline Committed Amount”"), and (ii) the sum aggregate principal amount of outstanding Revolving Loans plus the aggregate principal amount of Revolving outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan in accordance with the provisions of this Section 2.3, Loans and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forthforth herein, the Swingline Lender, in its individual capacity, Lender agrees to make certain revolving credit loans in Dollars to the Borrower (each a “Swingline Loan” and, collectively, the “"Swingline Loans”") as requested by the Borrower from time to time from the Closing Date until the Maturity Date for Date, or such earlier date as the purposes hereinafter set forthSwingline Commitment shall have been terminated as provided herein; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY FIVE MILLION DOLLARS ($20,000,0005,000,000) (the “"Swingline Committed Amount”"), and (ii) the sum aggregate principal amount of outstanding Revolving Loans plus LOC Obligations outstanding plus the aggregate principal amount of Revolving Loans outstanding plus LOC Obligations plus obligations in respect of Swingline Loans outstanding at any time shall not exceed the aggregate Revolving Committed Amount. Swingline Loans hereunder shall be made as a Base Rate Loan Loans or Quoted Rate Swingline Loans as the Borrower may request in accordance with the provisions of this Section 2.3, and may be repaid and reborrowed in accordance with the provisions hereof.

Swingline Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties herein set forth, the Swingline Lender, in its individual capacity, agrees to make certain revolving credit loans requested by the Borrower in Dollars to the Borrower (each a “"Swingline Loan” " and, collectively, the “"Swingline Loans”") from time to time from the Closing Date until the Maturity Termination Date for the purposes hereinafter set forth; provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed TWENTY MILLION DOLLARS ($20,000,000) 50,000,000 (the “"Swingline Committed Amount”"), and (ii) the sum aggregate principal amount of outstanding Committed Loans plus the aggregate principal amount of Revolving outstanding Bid Loans plus the aggregate principal amount of outstanding plus LOC Obligations plus obligations in respect of Swingline Loans plus the Borrower's aggregate outstanding at any time commercial paper shall not exceed the aggregate Revolving Committed AmountCommitments. Swingline Loans hereunder shall be made as a Base Rate Loan Loans or Adjusted CD Rate Loans as the Borrower may request in accordance with the provisions of this Section 2.32.10, and may be repaid and reborrowed in accordance with the provisions hereof.