Common use of Swingline Loan Commitment Clause in Contracts

Swingline Loan Commitment. On the terms and subject to the conditions of this Agreement, Swingline Lender, in its individual capacity, agrees to make a revolving credit facility available as loans under the USD Tranche (each, a “Swingline Loan” and, collectively, the “Swingline Loans”) to Company on a revolving basis at any time and from time to time from the Effective Date to the Facility Termination Date, during which period Company may borrow, repay, and reborrow in accordance with the provisions of this Agreement; provided that no Swingline Loan will be made in any amount that, after giving effect to such Swingline Loan, would cause: (i) the aggregate outstanding principal amount of the Swingline Loans to exceed $75,000,000 (the “Swingline Commitment Amount”); or (ii) the Aggregate Outstanding USD Tranche Credit Exposure to exceed the Aggregate USD Tranche Commitment Amount. Swingline Loans may be obtained and maintained as Base Rate Advances unless Swingline Lender agrees to different interest rate; provided that: (A) Swingline Lender may not agree to a different rate if an Event of Default exists; and (B) upon the occurrence and during the existence of any Event of Default, the Swingline Loans shall, at the option of Swingline Lender, bear interest until paid in full at a rate per annum equal to the Default Rate in effect for Base Rate Advances with respect to any Swingline Loan that has been made as a Base Rate Advance or, if any Swingline Loan accrues interest at a different rate, at a rate per annum equal to the sum of such rate plus 2.00%. Accrued interest on Swingline Loans is payable on the last day of each calendar month or, if any Event of Default has exists, on demand. On the Effective Date, Company, Agent and Swingline Lender acknowledge and agree that the aggregate outstanding principal balance of the “Swingline Loans” under the Existing Credit Agreement shall be deemed to be the initial Swingline Loans under this Agreement.

Swingline Loan Commitment. On the terms and subject to the conditions of this Agreementhereof, the Swingline LenderBank, in its individual capacity, capacity agrees to make a revolving credit facility available as loans under the USD Tranche (each, a “Swingline Loan” and, collectively, the “Swingline Loans”) to Company the Borrower on a revolving basis at any time and from time to time from the Effective Closing Date to the Facility Revolving Loan Termination Date, during which period Company the Borrower may borrow, repay, repay and reborrow in accordance with the provisions of this Agreementhereof; provided provided, however that no Swingline Loan will be made in any amount thatwhich, after giving effect to such Swingline Loanthereto, would causecause the: (i) the aggregate outstanding principal amount of the Swingline Loans to exceed $75,000,000 30,000,000 (the “Swingline Commitment Amount”); or (ii) the Aggregate Outstanding USD Tranche Credit Exposure Total Revolving Outstandings to exceed the Aggregate USD Tranche Revolving Commitment AmountAmounts. Swingline Loans may be obtained and maintained as Base Rate Advances unless the Swingline Lender Bank agrees to different interest rate; provided provided, that: (Av) the Swingline Lender Bank may not agree to a different rate if an a Default or Event of Default existshas occurred and is continuing; and (Bvi) upon the occurrence and during the existence continuance of any Event of Default, the Swingline Loans shall, at the option of Swingline LenderUSBNA, bear interest until paid in full at a rate per annum equal to the Default Rate in effect for Base Rate Advances with respect to any Swingline Loan that has been made as a Base Rate Advance or, if any Swingline Loan accrues interest at a different rate, at a rate per annum equal to the sum of such rate plus 2.00%. Accrued interest on Swingline Loans is shall be payable on the last day of each calendar month or, if any Event of Default has existsoccurred and is continuing, on demand. On the Effective Date, Company, Agent and Swingline Lender acknowledge and agree that the aggregate outstanding principal balance of the “Swingline Loans” under the Existing Credit Agreement shall be deemed to be the initial Swingline Loans under this Agreement.

Swingline Loan Commitment. On (a) Subject to the terms and subject to the conditions of set forth in this Agreement, Swingline Lender, in its individual capacity, Lender agrees to make a revolving credit facility available as loans under lend to the USD Tranche Borrower (each, a “Swingline Loan” and, collectively, the “Swingline Loans”), and the Borrower may borrow (and repay and reborrow) to Company on a revolving basis at any time and from time to time from between the Agreement Effective Date and the date which is five (5) Business Days prior to the Facility Termination Date, during which period Company may borrow, repay, and reborrow Revolving Credit Maturity Date upon notice by the Borrower to the Swingline Lender given in accordance with this Section 2.3, such sums as are requested by the provisions of this AgreementBorrower for the purposes set forth in Section 7.2 in an aggregate principal amount at any one time Outstanding not exceeding the Swingline Commitment; provided that in all events (i) no Default or Event of Default shall have occurred and be continuing or would arise as a result thereof; and (ii) the Outstanding principal amount of the Revolving Credit Loans and Swingline Loan will be made in any amount that, Loans and Letter of Credit Liabilities (after giving effect to such Swingline Loanall amounts requested), would cause: shall not at any time (ix) exceed the Aggregate Revolving Credit Commitment, or (y) exceed the sum of (A) Borrowing Base Availability minus (B) the aggregate outstanding principal amount of Outstanding Term Loans. Notwithstanding anything to the Swingline Loans to exceed $75,000,000 (the “Swingline Commitment Amount”); or (ii) the Aggregate Outstanding USD Tranche Credit Exposure to exceed the Aggregate USD Tranche Commitment Amount. Swingline Loans may be obtained and maintained as Base Rate Advances unless Swingline Lender agrees to different interest rate; provided that: (A) Swingline Lender may not agree to a different rate if an Event of Default exists; and (B) upon the occurrence and during the existence of any Event of Defaultcontrary contained in this Section 2.3, the Swingline Loans shallLender shall not be obligated to make any Swingline Loan at a time when any other Revolving Credit Lender is a Defaulting Lender, at unless the option of Swingline Lender is satisfied that the participation therein will otherwise be fully allocated to the Revolving Credit Lenders that are Non-Defaulting Lenders consistent with Section 2.11 and the Defaulting Lender shall not participate therein, except to the extent the Swingline Lender has entered into arrangements with the Borrower or such Defaulting Lender that are reasonably satisfactory to the Swingline Lender in its good faith determination to eliminate the Swingline Lender, bear interest until paid in full at a rate per annum equal to the Default Rate in effect for Base Rate Advances ’s Fronting Exposure with respect to any such Defaulting Lender, including the delivery of cash collateral. Swingline Loans shall constitute “Revolving Credit Loans” for all purposes hereunder. The funding of a Swingline Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 5.2 have been satisfied or affirmatively waived on the date of such funding. The Swingline Lender may assume that the conditions in Section 5.2 have been satisfied or affirmatively waived unless Swingline Lender has received written notice from a Lender that such conditions have not been made as a Base Rate Advance or, if any satisfied or affirmatively waived. Each Swingline Loan accrues interest at a different rate, at a rate per annum equal shall be due and payable within five (5) Business Days of the date such Swingline Loan was provided and the Borrower hereby agrees (to the sum of extent not repaid as contemplated by Section 2.13 below) to repay each Swingline Loan on or before the date that is five (5) Business Days from the date such rate plus 2.00%Swingline Loan was provided. Accrued interest on No Swingline Loans is payable on the last day of each calendar month or, if any Event of Default has exists, on demand. On the Effective Date, Company, Agent and Loan may be refinanced by another Swingline Lender acknowledge and agree that the aggregate outstanding principal balance of the “Swingline Loans” under the Existing Credit Agreement shall be deemed to be the initial Swingline Loans under this AgreementLoan.

Swingline Loan Commitment. On the terms and subject to the conditions of this Agreement, Swingline Lender, in its individual capacity, agrees to make a revolving credit facility available as loans under the USD Tranche (each, a “Swingline Loan” and, collectively, the “Swingline Loans”) to Company on a revolving basis at any time and from time to time from the Effective Date to the Facility Termination Date, during which period Company may borrow, repay, and reborrow in accordance with the provisions of this Agreement; provided that no Swingline Loan will be made in any amount that, after giving effect to such Swingline Loan, would causecause the: (i) the aggregate outstanding principal amount of the Swingline Loans to exceed $75,000,000 60,000,000 (the “Swingline Commitment Amount”); or (ii) the Aggregate Outstanding USD Tranche Credit Exposure to exceed the Aggregate USD Tranche Commitment Amount. Swingline Loans may be obtained and maintained as Base Rate Advances unless Swingline Lender agrees to different interest rate; provided that: (A) Swingline Lender may not agree to a different rate if an a Default or Event of Default exists; and (B) upon the occurrence and during the existence of any Event of Default, the Swingline Loans shall, at the option of Swingline Lender, bear interest until paid in full at a rate per annum equal to the Default Rate in effect for Base Rate Advances with respect to any Swingline Loan that has been made as a Base Rate Advance or, if any Swingline Loan accrues interest at a different rate, at a rate per annum equal to the sum of such rate plus 2.00%. Accrued interest on Swingline Loans is payable on the last day of each calendar month or, if any Event of Default has exists, on demand. On the Effective Date, Company, Agent and Swingline Lender acknowledge and agree that the aggregate outstanding principal balance of the “Swingline Loans” under the Existing Credit Agreement shall be deemed to be the initial Swingline Loans under this Agreement.

Swingline Loan Commitment. On the terms and subject to the conditions of this Agreementhereof, the Swingline LenderBank, in its individual capacity, capacity agrees to make a revolving credit facility available as loans under the USD Tranche (each, a “Swingline Loan” and, collectively, the “Swingline Loans”) to Company the Borrower on a revolving basis at any time and from time to time from the Effective Closing Date to the Facility Revolving Loan Termination Date, during which period Company the Borrower may borrow, repay, repay and reborrow in accordance with the provisions of this Agreementhereof; provided provided, however that no Swingline Loan will be made in any amount thatwhich, after giving effect to such Swingline Loanthereto, would causecause the: (i) the aggregate outstanding principal amount of the Swingline Loans to exceed $75,000,000 20,000,000 (the “Swingline Commitment Amount”); or (ii) the Aggregate Outstanding USD Tranche Credit Exposure Total Revolving Outstandings to exceed the Aggregate USD Tranche Revolving Commitment AmountAmounts. Swingline Loans may be obtained and maintained as Base Rate Advances unless the Swingline Lender Bank agrees to different interest rate; provided provided, that: (Av) the Swingline Lender Bank may not agree to a different rate if an a Default or Event of Default existshas occurred and is continuing; and (Bvi) upon the occurrence and during the existence continuance of any Event of Default, the Swingline Loans shall, at the option of Swingline LenderUSBNA, bear interest until paid in full at a rate per annum equal to the Default Rate in effect for Base Rate Advances with respect to any Swingline Loan that has been made as a Base Rate Advance or, if any Swingline Loan accrues interest at a different rate, at a rate per annum equal to the sum of such rate plus 2.00%. Accrued interest on Swingline Loans is shall be payable on the last day of each calendar month or, if any Event of Default has existsoccurred and is continuing, on demand. On the Effective Date, Company, Agent and Swingline Lender acknowledge and agree that the aggregate outstanding principal balance of the “Swingline Loans” under the Existing Credit Agreement shall be deemed to be the initial Swingline Loans under this Agreement.

Swingline Loan Commitment. On the terms and subject The Agent will make interim advances (hereinafter sometimes referred to as "Swingline Loans") of its own funds to the conditions of this Agreement, Swingline Lender, Company in its individual capacity, agrees an aggregate amount not to make a revolving credit facility available as loans under the USD Tranche (each, a “Swingline Loan” and, collectively, the “Swingline Loans”) to Company on a revolving basis exceed $2,000,000 at any one time and from time to time from the Effective Date to the Facility Termination Dateoutstanding; provided, during which period Company may borrowhowever, repay, and reborrow in accordance with the provisions of this Agreement; provided that no Swingline Loan will shall be made unless all conditions precedent for a Revolving Loan have been met. The aggregate amount of all Swingline Loans outstanding on the date any Revolving Loan is made shall be included as a previously disbursed portion of such Revolving Loan in which each Bank shall participate based upon its Pro Rata Share and the Agent shall thereupon be immediately reimbursed for the full amount of such Swingline Loans from the proceeds of such Revolving Loan. If no Revolving Loan is made for any amount thatperiod of 60 days, whether by reason of the failure to comply with any condition for a Revolving Loan or otherwise, each Bank shall, upon request of the Agent, on the Business Day after receiving such request, remit to the Agent such Bank's Pro Rata Share of all outstanding Swingline Loans, whereupon, such Swingline Loans shall be automatically converted to a Revolving Loan of the type designated by the Company (or if no such designation is made, then a Revolving Prime Rate Loan) effective on such next Business Day. In no event will any Swingline Loan be made if, after giving effect to such Swingline Loan, would cause: (i) the aggregate outstanding principal amount of the all Swingline Loans to exceed $75,000,000 (the “Swingline Commitment Amount”); or (ii) the Aggregate Outstanding USD Tranche Credit Exposure to and all Revolving Outstandings would exceed the Aggregate USD Tranche Commitment Maximum Available Amount. All Swingline Loans may shall be obtained made in minimum amounts of $250,000.00 and maintained as Base Rate Advances unless Swingline Lender agrees to different interest rate; provided that: (A) Swingline Lender may not agree to a different rate if an Event of Default exists; and (B) upon the occurrence and during the existence of any Event of Default, the Swingline Loans shallshall bear interest, at the option of Swingline LenderCompany's option, bear at the Prime Rate plus the applicable Prime Rate Margin or the Trailing Rate Average LIBOR plus the applicable Eurodollar Margin. If the Company fails to designate the interest until paid in full at a rate per annum equal to the Default Rate in effect for Base Rate Advances with respect to any Swingline Loan that has been made as a Base Rate Advance or, if any Swingline Loan accrues interest at a different rate, interest shall accrue at a rate per annum equal to the sum of such rate Prime Rate plus 2.00%. Accrued interest on Swingline Loans is payable on the last day of each calendar month or, if any Event of Default has exists, on demand. On the Effective Date, Company, Agent and Swingline Lender acknowledge and agree that the aggregate outstanding principal balance of the “Swingline Loans” under the Existing Credit Agreement shall be deemed to be the initial Swingline Loans under this Agreementapplicable Prime Rate Margin.

Swingline Loan Commitment. On Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Company set forth herein, Bankers hereby agrees, subject to the conditions limitations set forth below with respect to the maximum amount of this AgreementSwingline Loans permitted to be outstanding from time to time, Swingline Lender, in its individual capacity, agrees to make a revolving credit facility portion of the Revolving Loan Commitments available as loans under the USD Tranche (each, a “Swingline Loan” and, collectively, the “Swingline Loans”) to Company on a revolving basis at any time and from time to time during the period from the Effective Closing Date through and excluding the Term Loan Funding Date in an aggregate principal amount of up to $10,000,000 by making Swingline Loans to Company, notwithstanding the Facility Termination Datefact that such Swingline Loans, during which period when aggregated with Bankers outstanding Revolving Iowans and Bid Rate Loans, may exceed Bankers Revolving Loan Commitment. The commitment of Bankers to make Swingline Loans to Company may borrow, repay, and reborrow in accordance with the provisions of pursuant to this Agreement; provided that no subsection 2.1.B is herein called its Swingline Loan will be made in any amount that, after giving effect to such Swingline Loan, would cause: Commitment . In no event shall (ia) the aggregate principal amount of Swingline Loans outstanding principal at any time exceed the Swingline Loan Commitment, (b) the Total Utilization of Revolving Loan Commitments exceed the aggregate Revolving Loan Commitments then in effect or (c) the Swingline Loan Commitment exceed the aggregate Revolving Loan Commitments. Any reduction of the Revolving Loan Commitments made pursuant to subsection 2.6 which reduces the Revolving Loan Commitments below the then current amount of the Swingline Loan Commitment shall result in an automatic corresponding reduction of the Swingline Loan Commitments to the amount of the Revolving Loan Commitments, as so reduced, without any further action on the part of Bankers. The proceeds of Swingline Loans shall be used for the purposes identified in subsection 2.7.B. The Swingline Loan Commitment shall expire on the Term Loan Funding Date and all Swingline Loans shall be paid in full no later than that date. Amounts borrowed by Company under this subsection 2.1.B may be repaid and, through but excluding the Term Loan Funding Date, reborrowed. All Swingline Loans shall be made as Base Rate Loans and shall not be entitled to exceed $75,000,000 (the “Swingline Commitment Amount”); be converted into CD Rate Loans or (ii) the Aggregate Outstanding USD Tranche Credit Exposure to exceed the Aggregate USD Tranche Commitment AmountEurodollar Rate Loans. Swingline Loans may be obtained and maintained as Base Rate Advances unless Swingline Lender agrees to different interest rate; provided that: (A) Swingline Lender may not agree to a different rate if an Event of Default exists; and (B) upon the occurrence and during the existence of made on any Event of Default, the Swingline Loans shall, at the option of Swingline Lender, bear interest until paid in full at a rate per annum equal to the Default Rate in effect for Base Rate Advances with respect to any Swingline Loan that has been made as a Base Rate Advance or, if any Swingline Loan accrues interest at a different rate, at a rate per annum equal to the sum of such rate plus 2.00%. Accrued interest on Swingline Loans is payable on the last day of each calendar month or, if any Event of Default has exists, on demand. On the Effective Date, Company, Agent and Swingline Lender acknowledge and agree that the aggregate outstanding principal balance of the “Swingline Loans” under the Existing Credit Agreement Funding Date shall be deemed to be the initial Swingline Loans under this Agreementin an aggregate minimum amount of $100,000.