Swingline Facility. Subject to the terms and conditions set forth herein, the Swingline Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swingline Loan”) to the Borrower in Dollars from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of the Swingline Sublimit, notwithstanding the fact that such Swingline Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Revolving Loans and L/C Obligations of the Lender acting as Swingline Lender, may exceed the amount of such Lender’s Revolving Commitment; provided, however, that (i) after giving effect to any Swingline Loan, (A) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments and (B) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Revolving Commitment, (ii) the Borrower shall not use the proceeds of any Swingline Loan to refinance any outstanding Swingline Loan and (iii) the Swingline Lender shall not be under any obligation to make any Swingline Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swingline Loan shall be a Base Rate Loan. Immediately upon the making of a Swingline Loan, each Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender a risk participation in such Swingline Loan in an amount equal to the product of such Lender’s Applicable Percentage times the amount of such Swingline Loan.
Swingline Facility. The Swingline Lender agrees to advance funds to the Borrowers (each as “Swingline Advance”), and the Revolving Lenders agree to purchase participations therein from time to time, all upon the terms and conditions specified in Section 2.6.
Swingline Facility. Subject to the terms and conditions and relying upon the representations and warranties herein set forth, at any time after the Closing Date that any Revolving Credit Commitment shall exist hereunder, the Swingline Lender agrees that, in its sole discretion, it may make loans to a Borrower in U.S. Dollars at any time and from time to time on and after the Closing Date and until the earlier of the Revolving Credit Maturity Date and the termination of the Revolving Credit Commitments, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of all Swingline Loans exceeding the Swingline Limit or (ii) the Aggregate Revolving Credit Exposure, after giving effect to any Swingline Loan, exceeding the lesser of the Borrowing Base and the Total Revolving Credit Commitment. Each Swingline Loan shall be in a principal amount that is an integral multiple of $250,000 and not less than $1,000,000. Within the foregoing limits, the Borrowers may borrow, pay or prepay and reborrow Swingline Loans hereunder, subject to the terms, conditions and limitations set forth herein.
Swingline Facility. (i) On the terms and subject to the conditions of this Agreement (including Article V), during the Revolving Availability Period, the Swingline Lender agrees, in reliance upon the agreements of the other Revolving Lenders set forth herein, to make Swingline Loans to the Borrowers in an aggregate principal amount not to exceed the Swingline Loan Commitment; provided, however, unless the Borrowers have complied with Section 4.13, if at any time any Revolving Lender is a Defaulting Lender, the making of Swingline Loans shall be at the sole discretion of the Swingline Lender. On the terms and subject to the conditions hereof, the Borrowers may from time to time borrow, prepay and reborrow Swingline Loans. Each Swingline Loan shall reduce the Available Revolving Facility Commitment and the Available Revolving Lender Commitment by the outstanding principal amount of such Swingline Loan.
Swingline Facility. Notwithstanding any other term of this Agreement and without limiting the liability of any Obligor under the Finance Documents, each Swingline Lender must indemnify the Swingline Agent for its Pro Rata Share of any liability or loss incurred by the Swingline Agent which relates solely to it acting as the Swingline Agent under the Swingline Facility, except to the extent that the liability or loss is caused by Swingline Agent’s gross negligence or wilful misconduct.
Swingline Facility. Subject to the terms of this Agreement, the Swingline Lenders make available to the Borrowers a euro swingline facility in an aggregate amount equal to the Total Swingline Commitments, forming part of and operating as a sub-limit under the Revolving Credit Facility, in an amount equal to the Total Swingline Commitments.
Swingline Facility. (a) Subject to the terms and conditions of this Agreement, the Swingline Lender establishes in favour of the Borrower a revolving credit facility, which is part of the Revolving Loans facility, in an amount up to Twenty Million Canadian Dollars ($20,000,000.00) on the terms set forth in this Section 2.5 (the “Swingline Facility”).
(b) An advance made by the Swingline Lender as contemplated by this subsection, prior to such time as such advance is repaid as contemplated by Section 2.5(f) is referred to as a “Swingline Loan”.
(c) The outstanding amount of all Swingline Loans at any time shall not exceed the lesser of:
(i) Twenty Million Canadian Dollars ($20,000,000.00); and
(ii) the amount, if any, by which the lesser of the Maximum Revolver Credit and the Revolving Loans Borrowing Base exceeds the amount of all Loans (other than Swingline Loans) outstanding at such time as Revolving Loans.
(d) The Borrower may obtain advances under the Swingline Facility pursuant to this Section 2.5(d) by delivering a notice to Administrative Agent requesting a drawdown under the Swingline Facility prior to 11:00a.m. on the date such extension of credit is requested. Upon receipt of such notice Administrative Agent shall notify the Swingline Lender of the amount and currency of such requested extension of credit. Any such extension of credit denominated in Canadian Dollars shall constitute a Canadian Prime Rate Loan. Any such extension of credit denominated in US Dollars shall constitute a US Prime Rate Loan. Subject to the provisions of this Agreement the Swingline Lender shall, not later than 4:00 pm (Toronto time) on the date of such requested extension of credit advance the amount requested to the account designated by the Borrower in its request to Administrative Agent pursuant to this Section 2.5(d).
(e) Absent the existence and continuance of an Event of Default, the Borrower may also obtain advances in an aggregate total outstanding amount of up to Cdn.$10,000,000 under the Swingline Facility by way of overdraft on its accounts maintained with the Swingline Lender. Any debit balance created by way of overdraft in its US Dollar accounts with the Swingline Lender shall constitute a US Prime Rate Loan. Any debit balance created by way of overdraft in its Canadian Dollar accounts with the Swingline Lender shall constitute a Canadian Prime Rate Loan. The Swingline Lender may, in its sole discretion, make funds available from time to time until the Maturity Date by way o...
Swingline Facility. (a) Each Swingline Facility Agent may perform its duties in respect of its respective Swingline Facility (as applicable) through an Affiliate.
(b) Notwithstanding any other term of this Agreement and without limiting the liability of any Obligor under the Finance Documents, each Swingline Lender must indemnify the relevant Swingline Facility Agent for its Pro Rata Share of any liability or loss incurred by that Swingline Facility Agent or its Affiliate which relates solely to it acting as the Swingline Facility Agent under the relevant Swingline Facility, except to the extent that the liability or loss is caused by the Affiliate’s or the relevant Swingline Facility Agent’s gross negligence or wilful misconduct.
Swingline Facility. Subject to the terms of this Agreement:
(a) the US$ Swingline Lenders make available to the Borrowers a US Dollar denominated swingline facility in an aggregate amount equal to the Total US$ Swingline Commitments; and
(b) the EUR Swingline Lenders make available to the Borrowers a euro denominated swingline facility in an aggregate amount equal to the Total EUR Swingline Commitments.
Swingline Facility. (a) Subject to the terms and conditions hereof, Firstar, for itself alone, agrees from time to time on any Business Day, commencing on the Restatement Effective Date and thereafter during the Term of this Agreement but prior to the Swingline Expiry Date, to make such loans (individually, a "SWINGLINE LOAN" and collectively, the "SWINGLINE LOANS") to the Borrowers as the Borrowers may from time to time request pursuant to Section 3.4(b). The aggregate principal -------------- amount of Swingline Loans outstanding at any one time shall not exceed the Maximum Swingline Amount and the Total Revolving Credit Usage shall not at any one time exceed the lesser of (i) the Borrowing Base or (ii) the Revolving Credit Commitment. The Swingline Loans from Firstar to the Borrowers shall be evidenced by a single Swingline Note of the Borrowers dated the Restatement Effective Date and payable to the order of Firstar in the amount of the Maximum Swingline Amount and in the form attached hereto as Exhibit B and incorporated herein by reference (as --------- the same may from time to time be amended, modified, extended or renewed, the "SWINGLINE NOTE"
