Common use of Swingline Lenders’ participation Clause in Contracts

Swingline Lenders’ participation. (a) If the conditions set out in this Agreement have been met, each Swingline Lender shall make its participation in each Swingline Loan available through its Facility Office. (b) The Swingline Lenders will only be obliged to comply with paragraph (a) above if on the date of the Utilisation Request and on the proposed Utilisation Date: (i) in the case of a Swingline Rollover Loan, no Rollover Termination Event has occurred and, in the case of any other Swingline Loan, no Default is continuing or would result from the proposed Swingline Loan; and (ii) in the case of a Swingline Loan other than a Swingline Rollover Loan, the Repeating Representations to be made by each Obligor are true in all material respects. (c) The amount of each Swingline Lender’s participation in each Swingline Loan will be equal to the proportion borne by its Available Swingline Commitment to the Available Swingline Facility immediately prior to making the Swingline Loan, adjusted to take account of any limit applying under Clause 8.5 (Relationship with Facility D). (d) The Agent shall notify each Swingline Lender of the amount of each Swingline Loan and its participation in that Swingline Loan by the Specified Time.

Appears in 1 contract

Samples: Facility Agreement (Las Vegas Sands Corp)

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Swingline Lenders’ participation. (a) If the conditions set out in this Agreement have been met, each Swingline Lender shall make its participation in each Swingline Loan available through its Facility OfficeOffice in San Francisco. (b) The Swingline Lenders will only be obliged to comply with paragraph (a) above if on the date of the Utilisation Request and on the proposed Utilisation Date: (i) in the case of a Swingline Rollover Loan, no Rollover Termination Event has occurred and, in the case of any other Swingline Loan, no Default is continuing or would result from the proposed Swingline LoanUtilisation; and (ii) in the case of a Swingline Loan other than a Swingline Rollover Loan, the Repeating Representations to be made by each Obligor are true in all material respects. (c) The amount of each Swingline Lender’s participation in each Swingline Loan will be equal to the proportion borne by its Available Swingline Commitment to the Available Swingline Facility immediately prior to making the Swingline Loan, adjusted to take account of any limit applying under Clause 8.5 5C.5 (Relationship with Facility Dthe Facility). (d) The Facility Agent shall determine the Base Currency Amount of each Swingline Loan and notify each Swingline Lender of the amount of each Swingline Loan and its participation in that Swingline Loan by the Specified Time.

Appears in 1 contract

Samples: Facility Agreement (Sigma Aldrich Corp)

Swingline Lenders’ participation. (a) If the conditions set out in this Agreement have been met, met each Swingline Lender shall make its participation in each Swingline Loan available through its Facility OfficeOffice in London or in the principal financial centre of a Participating Member State. (b) The relevant Swingline Lenders will only be obliged to comply with paragraph (a) above if on the date of the Utilisation Request and on the proposed Utilisation Date: (i) in the case of a Swingline Rollover Loan, no Rollover Termination Event has occurred and, in the case of any other Swingline Loan, no Default is continuing or would result from the proposed Swingline LoanUtilisation; and (ii) in the case of a Swingline Loan other than a Swingline Rollover Loan, the Repeating Representations to be made by each Obligor are true in all material respects. (c) The amount of each Swingline Lender’s participation in each Swingline Loan will be equal to the proportion borne by its Available Swingline Commitment to the Available Swingline Facility immediately prior to making the Swingline Loan, adjusted to take account of any limit applying under Clause 8.5 6.5 (Relationship with Facility Dthe Facility). (d) The relevant Swingline Agent shall determine the Base Currency Amount of each Swingline Loan and notify each Swingline Lender of the amount of each Swingline Loan and its participation in that Swingline Loan by the Specified Time.

Appears in 1 contract

Samples: Facilities Agreement (Coca-Cola Hellenic Bottling Co Sa)

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Swingline Lenders’ participation. (a) If the conditions set out in this Agreement have been met, each Swingline Lender shall make its participation in each Swingline Loan available through its Facility Office. (b) The Swingline Lenders will only be obliged to comply with paragraph (a) above if on the date of the Utilisation Request and on the proposed Utilisation Date: (i) in the case no Event of a Swingline Rollover Loan, no Rollover Termination Event has occurred and, in the case of any other Swingline Loan, no Default is continuing or would result from the proposed Swingline Loan; andUtilisation; (ii) in the case of a Swingline Loan other than a Swingline Rollover Loan, the Repeating Representations to be made by each Obligor the Borrower are true in all material respects. (c) The amount of each Swingline Lender’s participation in each Swingline Loan will be equal to the proportion borne by its Available Commitment under the Swingline Commitment Facility to the Available Facility under the Swingline Facility immediately prior to making the Swingline Loan, adjusted to take account of any limit applying under Clause 8.5 6.5 (Relationship with Facility Dthe Facility). (d) The Agent shall notify each Swingline Lender of the amount of each Swingline Loan and its participation in that Swingline Loan by the Specified Time.

Appears in 1 contract

Samples: Credit Facility Agreement (Lafarge)

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