Common use of Swingline Settlements Clause in Contracts

Swingline Settlements. Each of the Purchasers acknowledges that the Swingline Purchaser will make Swingline Purchases on same-day notice to facilitate the administration of the facility evidenced by this Agreement, but that the Swingline Purchaser will do so based on its expectation that not later than the next succeeding Swingline Settlement Date (or, if sooner, the Facility Termination Date), each other Purchaser will purchase its Ratable Share of the aggregate outstanding Swingline Capital at par. Accordingly, not later than 9:00 a.m. (New York City time) on each Swingline Settlement Date and on the Facility Termination Date, if any Swingline Capital is then outstanding, the Swingline Purchaser shall send a written statement (a “Swingline Statement”) to each of the other Purchasers setting forth the amount of the outstanding Swingline Capital and each such Purchaser Group’s Ratable Share thereof (such Purchaser Group’s “Swingline Settlement Amount”). Not later than 3:00 p.m. (New York City time) on the Business Day of delivery of each Swingline Statement, each Committed Purchaser shall (or shall cause its related Conduit Purchaser to) purchase from the Swingline Purchaser an amount of the outstanding Swingline Capital equal to its Purchaser Group’s Swingline Settlement Amount by paying to the Swingline Purchaser in immediately available funds an amount equal to such Purchaser’s Swingline Settlement Amount; provided that the Committed Purchaser that is also the Swingline Purchaser shall be automatically deemed to have made such payment in its capacity as a Committed Purchaser. Upon payment to the Swingline Purchaser of the Swingline Settlement Amount, the paying Purchaser’s aggregate outstanding Capital shall be increased by the amount of such payment and the Swingline Purchaser’s aggregate outstanding Capital shall be reduced by the amount of such payment. All Discount (and Fees) accrued on or with respect to the Swingline Capital prior to such payment shall remain payable to the Swingline Purchaser for its own account.

Swingline Settlements. Each of the Purchasers acknowledges that the Swingline Purchaser will make Swingline Purchases on same-day notice to facilitate the administration of the facility evidenced by this Agreement, but that the Swingline Purchaser will do so based on its expectation that not later than the next succeeding Swingline Settlement Date (or, if sooner, the Facility Termination Date), each other Purchaser will purchase its Ratable Share of the aggregate outstanding Swingline Capital at par. Accordingly, not later than 9:00 a.m. (New York City time) on each Swingline Settlement Date and on the Facility Termination Date, if any Swingline Capital is then outstanding, the Swingline Purchaser shall send a written statement (a “Swingline Statement”) to each of the other Purchasers setting forth the amount of the outstanding Swingline Capital and each such Purchaser Group’s Ratable Share thereof (such Purchaser Group’s “Swingline Settlement Amount”). Not later than 3:00 p.m. (New York City time) on the Business Day of delivery of each Swingline Statement, each Committed Purchaser shall (or shall cause its related Conduit Purchaser to) purchase from the Swingline Purchaser an amount of the outstanding Swingline Capital equal to its Purchaser Group’s Swingline Settlement Amount by paying to the Swingline Purchaser in immediately available funds an amount equal to such Purchaser’s Swingline Settlement Amount; provided that the Committed Purchaser that is also the Swingline Purchaser shall be automatically deemed to have made such payment in its capacity as a Committed Purchaser. Upon payment to the Swingline Purchaser of the Swingline 743517908 04351262 -6- Settlement Amount, the paying Purchaser’s aggregate outstanding Capital shall be increased by the amount of such payment and the xx xxxx xxxxxxx xxx xhe Swingline Purchaser’s aggregate outstanding Capital shall be reduced by the amount of such payment. All Discount (and Fees) accrued on or with respect to the Swingline Capital prior to such payment shall remain payable to the Swingline Purchaser for its own account.

Swingline Settlements. Each of the Purchasers Lenders acknowledges that the Swingline Purchaser Lender will make Swingline Purchases Loans on same-day notice to facilitate the administration of the facility evidenced by this Agreement, but that the Swingline Purchaser Lender will do so based on its expectation that not later than the next succeeding Swingline Settlement Date (or, if sooner, the Facility Termination Date), each other Purchaser Lender will purchase its Ratable Share ratable share of the aggregate outstanding Swingline Capital at par. Accordingly, not later than 9:00 a.m. 3:00 p.m. (New York City time) on the Business Day before each Swingline Settlement Date and on the Facility Termination Date, if any Swingline Capital is then outstanding, the Swingline Purchaser Lender shall send a written statement (a “Swingline Statement”) to each of the other Purchasers Lender setting forth the amount of the outstanding Swingline Capital and each such Purchaser Group’s Ratable Share Lender ratable share thereof (such Purchaser GroupLender’s “Swingline Settlement Amount”). Not later than 3:00 p.m. (New York City time) on the Business Day related Swingline Settlement Date (and notwithstanding the occurrence of delivery any intervening Event of each Swingline StatementTermination or whether or not the conditions to making Loans are then satisfied), each Committed Purchaser Lender shall (or shall cause its related Conduit Purchaser to) purchase from the Swingline Purchaser Lender an amount of the outstanding Swingline Capital equal to its Purchaser Group’s Swingline Settlement Amount by paying to the Swingline Purchaser Lender in immediately available funds an amount equal to such PurchaserLender’s Swingline Settlement Amount; provided that the Committed Purchaser Lender that is also the Swingline Purchaser Lender shall be automatically deemed to have made such payment in its capacity as a Committed PurchaserLender. Upon payment to the Swingline Purchaser Lender of the Swingline Settlement Amount, the paying PurchaserLender’s aggregate outstanding Capital shall be increased by the amount of such payment and the Swingline PurchaserLender’s aggregate outstanding Capital shall be reduced by the amount of such payment. All Discount Interest (and Fees) accrued on or with respect to the Swingline Capital prior to such payment shall remain payable to the Swingline Purchaser Lender for its own account.