Common use of Swingline Clause in Contracts

Swingline. (a) (i) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans in Dollars under the Commitments to the Borrower or any Borrowing Subsidiary from time to time on any Business Day during the Availability Period in an aggregate principal amount at any time outstanding that will not result in (A) the aggregate principal amount of outstanding Swingline Loans exceeding $10,000,000 or (B) the total Revolving Credit Exposures exceeding the total Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company or any Borrowing Subsidiary may borrow, prepay and reborrow Swingline Loans. Swingline Loans shall be in an aggregate amount that is not less than $100,000. Swingline Loans shall be ABR Loans; provided that so long as the Lenders have not been required to purchase participations in a Swingline Loan pursuant to Section 2.21(d), a Swingline Loan may have such other terms (including the applicable interest rate and basis for calculating interest, repayment terms, prepayment indemnities and increased cost provisions) as may be agreed to by the Company and the Swingline Lender (it being understood that the Swingline Lender shall have no obligation to agree to any such terms or to make any Swingline Loans that are not ABR Loans).

Swingline. (a) (i) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans in Dollars under or in the Commitments Alternative Currency to the Borrower or any Borrowing Subsidiary from time to time on any Business Day during the Availability Period Period, in an aggregate principal amount at any time outstanding that will not result in (Ai) the aggregate principal amount of outstanding Swingline Loans exceeding $10,000,000 25,000,000.00, (ii) the aggregate Revolving Credit Exposure of the Lenders exceeding the aggregate Revolving Commitments of the Revolving Lenders, or (iii) the aggregate Revolving Credit Exposure of the Revolving Lenders exceeding (A) the total Maximum Loan Available Amount less (B) the total Revolving Credit Exposures exceeding outstanding balance of all of the total CommitmentsTerm Loans, and in all events no Swingline Loan shall be outstanding for more than ten (10) Business Days; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company or any Borrowing Subsidiary Borrower may borrow, prepay and reborrow Swingline LoansLoans during the Availability Period. The Swingline Loans Lender shall be in an aggregate amount that is not less than $100,000. Swingline Loans shall be ABR Loans; provided that so long as the Lenders have not been required any obligation to purchase participations in make a Swingline Loan pursuant if a default of any Revolving Lender’s obligations to Section 2.21(d)fund any amount under this Agreement exists or any Revolving Lender is at such time a Defaulting Lender hereunder, a unless the Administrative Agent has entered into satisfactory arrangements with the Borrower or such Revolving Lender to eliminate the Swingline Lender’s risk with respect to such Revolving Lender (with cash collateral pledged to the Administrative Agent in the amount of such defaulting Revolving Lender’s or Defaulting Lender’s pro rata portion of the Swingline Loan may have such other terms (including the applicable interest rate and basis for calculating interest, repayment terms, prepayment indemnities and increased cost provisions) as may be agreed to by the Company and the Swingline Lender (it being understood that the Swingline Lender shall have no obligation to agree to any such terms or to make any Swingline Loans that are not ABR Loansdeemed satisfactory).

Swingline. (a) (i) Subject to the terms and conditions set forth herein, the each Swingline Lender severally agrees to make Swingline Loans in Dollars under the Commitments to the Borrower or any Borrowing Subsidiary from time to time on any Business Day during the Availability Period Period, in an aggregate principal amount at any time outstanding that will not result in (Ai) the aggregate principal amount of outstanding Swingline Loans exceeding $10,000,000 125,000,000.00, (ii) the aggregate Revolving Credit Exposure of the Lenders exceeding the aggregate Revolving Commitments of the Revolving Lenders, (iii) the aggregate outstanding amount of all Swingline Loans made by any Swingline Lender plus such Swingline Lender’s other Revolving Credit Exposure shall not exceed such Swingline Lender’s Revolving Commitment or (iv) the aggregate Revolving Credit Exposure of the Revolving Lenders exceeding (A) the total Maximum Loan Available Amount less (B) the total Revolving Credit Exposures exceeding outstanding balance of all of the total CommitmentsTerm Loans, and in all events no Swingline Loan shall be outstanding for more than ten (10) Business Days; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company or any Borrowing Subsidiary Borrower may borrow, prepay and reborrow Swingline Loans. Swingline Loans shall be in an aggregate amount that is not less than $100,000. Swingline Loans shall be ABR Loans; provided that so long as the Lenders have not been required to purchase participations in a Swingline Loan pursuant to Section 2.21(d), a Swingline Loan may have such other terms (including the applicable interest rate and basis for calculating interest, repayment terms, prepayment indemnities and increased cost provisions) as may be agreed to by the Company and the Swingline Lender (it being understood that the No Swingline Lender shall have no an obligation to agree make a Swingline Loan if a default of any Revolving Lender’s obligations to fund any amount under this Agreement exists or any Revolving Lender is at such terms time a Defaulting Lender hereunder, unless the Administrative Agent has entered into satisfactory arrangements with the Borrower or such Revolving Lender to make any eliminate each Swingline Loans that are not ABR LoansLender’s risk with respect to such Revolving Lender (with cash collateral pledged to the Administrative Agent in the amount of such defaulting Revolving Lender’s or Defaulting Lender’s pro rata portion of the Swingline Loan being deemed satisfactory).

Swingline. (a) (i) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans to the U.S. Borrowers in Dollars under the Commitments to the Borrower or any Borrowing Subsidiary from time to time on any Business Day during the Availability Period Period, in an aggregate principal amount at any time outstanding not to exceed $10,000,000 (the “Swingline Sublimit”); provided that will not result in (Ax) the aggregate Swingline Lender shall not be required to make any Swingline Loan to refinance an outstanding Swingline Loan, (y) after giving effect to any Swingline Loan, the Global Exposure shall not exceed the Commitments then in effect and (z) after giving effect to any Swingline Loan, the Global Exposure shall not exceed the Global Line Cap then in effect. Each Swingline Loan shall be in a minimum principal amount of outstanding not less than $100,000 or, if greater, a whole multiple of $100,000 (or such other amount as may be agreed by the Swingline Loans exceeding $10,000,000 or (B) the total Revolving Credit Exposures exceeding the total CommitmentsLender). Within the foregoing limits and subject to the terms and conditions set forth herein, the Company or any Borrowing Subsidiary may borrow, prepay and reborrow Swingline Loans. Swingline Loans shall may be in an aggregate amount that is not less than $100,000borrowed, prepaid and reborrowed during the Availability Period. Swingline Loans shall be ABR Loans; provided that so long as the Lenders have not been required to purchase participations in To request a Swingline Loan pursuant to Section 2.21(d)Loan, a Swingline Loan may have such other terms (including the applicable interest rate and basis for calculating interest, repayment terms, prepayment indemnities and increased cost provisions) as may be agreed to by the Company and Borrower shall notify the Swingline Lender (it being understood that with a copy to the Administrative Agent) of such request via electronic communication or telecopy, not later than 1:00 p.m. on the day of a proposed Borrowing of a Swingline Loan. Each such notice shall be irrevocable and shall specify the requested date (which shall be a Business Day) and amount of the requested Swingline Loan. The Swingline Lender shall have no obligation make each Swingline Loan available to agree the applicable Borrower on the same Business Day in accordance with the instructions of the Borrower (including, in the case of a Swingline Loan made to any such terms or finance the reimbursement of an L/C Disbursement as provided in Section 2.04(e), by remittance to make any Swingline Loans that are not ABR Loansthe applicable Letter of Credit Issuer).

Swingline. (a) (i) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans in Dollars under or in the Commitments Alternative Currency to the Borrower or any Borrowing Subsidiary from time to time on any Business Day during the Availability Period Period, in an aggregate principal amount at any time outstanding that will not result in (Ai) the aggregate principal amount of outstanding Swingline Loans exceeding $10,000,000 25,000,000.00, (ii) the aggregate Revolving Credit Exposure of the Lenders exceeding the aggregate Revolving Commitments of the Revolving Lenders, or (Biii) the total aggregate Revolving Credit Exposures Exposure of the Revolving Lenders exceeding the total CommitmentsMaximum Loan Available Amount, and in all events no Swingline Loan shall be outstanding for more than ten (10) Business Days; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company or any Borrowing Subsidiary Borrower may borrow, prepay and reborrow Swingline LoansLoans during the Availability Period. The Swingline Loans Lender shall be in an aggregate amount that is not less than $100,000. Swingline Loans shall be ABR Loans; provided that so long as the Lenders have not been required any obligation to purchase participations in make a Swingline Loan pursuant if a default of any Revolving Lender’s obligations to Section 2.21(d)fund any amount under this Agreement exists or any Revolving Lender is at such time a Defaulting Lender hereunder, a unless the Administrative Agent has entered into satisfactory arrangements with the Borrower or such Revolving Lender to eliminate the Swingline Lender’s risk with respect to such Revolving Lender (with cash collateral pledged to the Administrative Agent in the amount of such defaulting Revolving Lender’s or Defaulting Xxxxxx’s pro rata portion of the Swingline Loan may have such other terms (including the applicable interest rate and basis for calculating interest, repayment terms, prepayment indemnities and increased cost provisions) as may be agreed to by the Company and the Swingline Lender (it being understood that the Swingline Lender shall have no obligation to agree to any such terms or to make any Swingline Loans that are not ABR Loansdeemed satisfactory).

Swingline. (a) (i) Subject to On the terms and subject to the conditions set forth herein, the Swingline Lender agrees to make Swingline Loans in Dollars under the Commitments to the Borrower or any Borrowing Subsidiary that it may, from time to time on any Business Day during to, but not including, the Availability Period Termination Date, agree to make Warehouse Advances, Construction Advances, Repurchased Advances, and Foreclosure Advances requested by the Company in an aggregate principal outstanding amount not to exceed FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00). Such Swingline Advances shall be in an amount equal to the amount of the Advance requested by the Company less any payments applied to reduce outstanding Advances on the date of such Swingline Advance. A Swingline Advance may be made as a Warehouse Advance, a Repurchased Advance, and a Foreclosure Advance, and shall bear interest, from the date of such Swingline Advance until paid in full, at the Applicable Rate applicable to that type of Advance. Swingline Advances shall be evidenced by a Swingline Note. The Lenders (including Bank United) hereby agree to purchase from the Swingline Lender an undivided participation interest in all outstanding Swingline Advances held by the Swingline Lender at any time in an amount equal to each Lender's Commitment Percentage of such Swingline Advances. The Swingline Lender may at any time in its sole and absolute discretion (and shall no less frequently than weekly) request the Lenders to fund their Commitment Percentage in the aggregate amount necessary to repay the outstanding Swingline Advances and each Lender absolutely and unconditionally agrees to fund such Lender's Commitment Percentage of such Swingline Advances, regardless of any Default or Event of Default or other condition which would otherwise excuse such Lender from funding its Commitment Percentage of such Swingline Advances, provided that will no Lender shall be required to make Advances to repay Swingline Advances which would cause such Lender's portion of all Advances then outstanding to exceed such Lender's Commitment Amount, in each case at the time the Lender funds its Commitment Percentage of such Swingline Advances; and provided further, that a Lender shall not result in be obligated to make Advances to repay Swingline Advances unless (A) the aggregate principal amount of outstanding Swingline Loans exceeding $10,000,000 Lender believed in good faith that all conditions to making the subject Swingline Advance were satisfied at the time such Swingline Advance was made, or (B) such Lender had actual knowledge, by receipt of the total Revolving Credit Exposures exceeding the total Commitments. Within the foregoing limits and subject statements furnished to the terms and conditions set forth herein, the Company or any Borrowing Subsidiary may borrow, prepay and reborrow Swingline Loans. Swingline Loans shall be in an aggregate amount that is not less than $100,000. Swingline Loans shall be ABR Loans; provided that so long as the Lenders have not been required to purchase participations in a Swingline Loan it pursuant to Section 2.21(d)6.2 hereof or otherwise, a Swingline Loan may have that any such other terms (including the applicable interest rate condition had not been satisfied and basis for calculating interest, repayment terms, prepayment indemnities and increased cost provisions) as may be agreed failed to by the Company and notify the Swingline Lender (in a writing received by the Swingline Lender prior to the time it being understood made such Swingline Advance that the Swingline Lender shall have no obligation was not authorized to agree to make a Swingline Advance until such condition had been satisfied, or (C) the satisfaction of any such terms condition that was not satisfied had been waived in writing by the requisite Lenders in accordance with the provisions of this Agreement. Upon an Event of Default and the acceleration of the Obligations, each Lender (including Bank United) shall fund such Lender's Commitment Percentage of such Swingline Advances. Each Lender's Commitment Percentage of the Swingline Advances shall be delivered directly to the Swingline Lender in immediately available funds at the office of the Administrative Agent by 2:00 o'clock, p.m. on (i) the date of such request therefor, if such request is made prior to 10:00 o'clock, a.m., or (ii) otherwise, the first (1st) Business Day following such request therefor, and shall be promptly applied against the outstanding Swingline Advances. Upon any such delivery and application, the amount so refunded shall cease to make any be a Swingline Loans that are not ABR Loans)Advance, and shall become an Advance made by the applicable Lender to the Company.

Swingline. (a) (i) Subject to the terms and conditions set forth herein, the The Swingline Lender agrees to make Swingline Loans in Dollars under the Commitments to the Borrower or any Borrowing Subsidiary Bank shall from time to time on any Business Day during from the Availability Period Effective Date through the day prior to the Revolving Termination Date make Swingline Loans to the Borrowers in an aggregate principal amount at any time outstanding such amounts as the Borrowers may request, PROVIDED that will (i) after giving effect to such Swingline Loan, the Swingline Outstandings shall not result in exceed $20,000,000, (Aii) after giving effect to such Swingline Loan, the aggregate principal amount of all outstanding Loans plus the Effective Amount of all L/C Obligations shall not exceed the combined Commitments, and (iii) without the consent of all of the Banks, no Swingline Loans exceeding $10,000,000 Loan may be made during the continuation of any Default or (B) the total Revolving Credit Exposures exceeding the total CommitmentsEvent of Default. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company or any Borrowing Subsidiary The Borrowers may borrow, prepay repay and reborrow under this Section. Unless notified to the contrary by the Swingline LoansBank, borrowings under the Swingline may be made in amounts which are integral multiples of $100,000 upon telephonic request by a Responsible Officer of a Borrower made to the Agent not later than 10:00 a.m., San Francisco time, on the Business Day of the requested Swingline Loan (which telephonic request shall be promptly confirmed in writing by telecopier). Promptly after receipt of such a request for a Swingline Loan, the Agent shall provide telephonic verification to the Swingline Bank that, after giving effect to such request, the aggregate principal amount of all outstanding Loans plus the Effective Amount of all L/C Obligations shall not exceed the combined Commitments (and such verification shall be promptly confirmed in writing by telecopier). Promptly thereafter the proceeds of such Swingline Loan shall then be made available to the applicable Borrower by the Swingline Lender by wire transfer in accordance with such Borrower's instructions. Unless the Swingline Bank otherwise agrees, each repayment of a Swingline Loan shall be in an aggregate amount that which is not less than an integral multiple of $100,000. If a Borrower instructs the Swingline Loans Bank to debit its demand deposit account at the Swingline Bank in the amount of any payment with respect to Swingline Loan, or the Swingline Bank otherwise receives repayment, after 3:00 p.m., San Francisco time, on a Business Day, such payment shall be ABR Loans; provided that so long as deemed received on the Lenders have not been required to purchase participations in a next Business Day. The Swingline Bank shall promptly notify the Agent of the Swingline Loan pursuant to Section 2.21(d), Outstandings each time there is a Swingline Loan may have such other terms (including the applicable interest rate and basis for calculating interest, repayment terms, prepayment indemnities and increased cost provisions) as may be agreed to by the Company and the Swingline Lender (it being understood that the Swingline Lender shall have no obligation to agree to any such terms or to make any Swingline Loans that are not ABR Loans)change therein.

Swingline. (a) (i) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make (x) BB Swingline Loans in Dollars under the Commitments to the Borrower or any Borrowing Subsidiary from time to time on any Business Day during the BB Availability Period Period, and (y) WC Swingline Loans to the Borrower from time to time during the WC Availability Period, in each case, in an aggregate principal amount at any time outstanding that will not result in (Ai) the aggregate principal amount of outstanding Swingline Loans of all Classes in the aggregate exceeding $10,000,000 or 10,000,000.00, (Bii) the total Total Revolving Credit Exposures Exposure of the Revolving Lenders exceeding the Total Revolving Commitment, (iii) the aggregate BB Revolving Credit Exposure of the Revolving Lenders exceeding the total CommitmentsMaximum BB Revolving Available Amount, (iv) the aggregate BB Total Credit Exposure of the Lenders exceeding the total Maximum BB Loan Available Amount, (v) the aggregate WC Credit Exposure of the Revolving Lenders exceeding the total Maximum WC Revolving Loan Available Amount, and (vi) in all events no Swingline Loan shall be outstanding for more than ten (10) Business Days; provided that the Swingline Lender shall not be required to make a Swingline Loan of any Class to refinance an outstanding Swingline Loan of any Class. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company or any Borrowing Subsidiary Borrower may borrow, prepay and reborrow Swingline Loans. Swingline Loans shall be in an aggregate amount that is not less than $100,000. Swingline Loans shall be ABR Loans; provided that so long as the Lenders have not been required to purchase participations in a Swingline Loan pursuant to Section 2.21(d), a Swingline Loan may have such other terms (including the applicable interest rate and basis for calculating interest, repayment terms, prepayment indemnities and increased cost provisions) as may be agreed to by the Company and the Swingline Lender (it being understood that the Swingline Lender shall have no obligation to agree to any such terms or to make any Swingline Loans that are not ABR Loans).

Swingline. (axv) (i) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans in Dollars under the Commitments to the Borrower or any Borrowing Subsidiary from time to time on any Business Day during the Availability Period in an aggregate principal amount at any time outstanding that will not result in (A) the aggregate principal amount of outstanding Swingline Loans exceeding $10,000,000 or (B) the total Revolving Credit Exposures exceeding the total Commitments; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company or any Borrowing Subsidiary may borrow, prepay and reborrow Swingline Loans. Swingline Loans shall be in an aggregate amount that is not less than $100,000. Swingline Loans shall be ABR Loans; provided that so long as Loans or, subject to the Lenders have not been required to purchase participations in a Swingline Loan pursuant to Section 2.21(d)next sentence, a Swingline Loan may have bear interest at a fixed or floating rate of interest (a “Negotiated Rate”) separately agreed by the Company and the Swingline Lender. Notwithstanding any other provision of this Agreement to the contrary (other than Section 2.21(a)(ii), which shall apply to Negotiated Rate Swingline Loans), each Negotiated Rate Swingline Loan shall be subject to such other interest rate terms (including as to computation of the applicable interest rate and basis for calculating interest, repayment termsrate basis, prepayment indemnities and indemnities, increased cost provisionsprovisions and repayment) as may be agreed to by the Company and the Swingline Lender (it being understood that the Lender, and such terms are incorporated in this Agreement. The Swingline Lender shall have no obligation to agree to any such terms a Negotiated Rate or to make any Negotiated Rate Swingline Loans that are not ABR Loans).

Swingline. (a) (i) Subject to the terms and conditions set forth herein, the each Swingline Lender severally agrees to make Swingline Loans in Dollars under the Commitments to the Borrower or any Borrowing Subsidiary from time to time on any Business Day during the Availability Period Period, in an aggregate principal amount at any time outstanding that will not result in (Ai) the aggregate principal amount of outstanding Swingline Loans exceeding $10,000,000 125,000,000.00, (ii) the aggregate Revolving Credit Exposure of the Lenders exceeding the aggregate Revolving Commitments of the Revolving Lenders, (iii) the aggregate outstanding amount of all Swingline Loans made by any Swingline Lender plus such Swingline Lender’s other Revolving Credit Exposure shall not exceed such Swingline Lender’s Revolving Commitment or (iv) the aggregate Revolving Credit Exposure of the Revolving Lenders exceeding (A) the total Maximum Loan Available Amount less (B) the total Revolving Credit Exposures exceeding outstanding balance of all of the total CommitmentsTerm Loans, and in all events no Swingline Loan shall be outstanding for more than ten (10) Business Days; provided that no Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Company or any Borrowing Subsidiary Borrower may borrow, prepay and reborrow Swingline Loans. Swingline Loans shall be in an aggregate amount that is not less than $100,000. Swingline Loans shall be ABR Loans; provided that so long as the Lenders have not been required to purchase participations in a Swingline Loan pursuant to Section 2.21(d), a Swingline Loan may have such other terms (including the applicable interest rate and basis for calculating interest, repayment terms, prepayment indemnities and increased cost provisions) as may be agreed to by the Company and the Swingline Lender (it being understood that the No Swingline Lender shall have no an obligation to agree make a Swingline Loan if a default of any Revolving Lender’s obligations to fund any amount under this Agreement exists or any Revolving Lender is at such terms time a Defaulting Lender hereunder, unless the Admininstrative Agent has entered into satisfactory arrangements with the Borrower or such Revolving Lender to make any eliminate each Swingline Loans that are not ABR LoansLender’s risk with respect to such Revolving Lender (with cash collateral pledged to the Adminsitrative Agent in the amount of such defaulting Revolving Lender’s or Defaulting Lender’s pro rata portion of the Swingline Loan being deemed satisfactory).