The Swing Line Advances. The Swing Line Bank agrees, on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof until the Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) and (ii) in an amount for each such Advance not to exceed the lesser of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c), prepay pursuant to Section 2.10 and reborrow under this Section 2.01(c).
Appears in 2 contracts
Samples: Credit Agreement (Dollar General Corp), Credit Agreement (Dollar General Corp)
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) 30,000,000 at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment Lenders at such time; provided, however, that the aggregate principal amount of the Lender acting as the all such Swing Line Bank on such Business Day exceeds Advances (1) together with the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and then outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (Btime) shall not exceed the aggregate principal amount of all Loan Cap then in effect, subject to the Administrative Agent’s authority, in its sole discretion to make Protective Advances made by each Issuing Bank pursuant to the terms of Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such time2.01(d). No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c2.01(b), repay pursuant to Section 2.04(b) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c2.01(b). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 2 contracts
Samples: Asset Based Loan Credit Agreement (Express, Inc.), Asset Based Loan Credit Agreement (Express, Inc.)
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) 30,000,000 at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment Lenders at such time; provided, however, that the aggregate principal amount of the Lender acting as the all such Swing Line Bank on such Business Day exceeds Advances (1) together with the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and then outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (Btime) shall not exceed the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such timeBorrowing Base then in effect. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c2.01(b), repay pursuant to Section 2.04(b) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c2.01(b). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 2 contracts
Samples: Asset Based Loan Credit Agreement (Express Parent LLC), Asset Based Loan Credit Agreement (Express Parent LLC)
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) 45,000,000 at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment Lenders at such time; provided, however, that the aggregate principal amount of the Lender acting as the all such Swing Line Bank on such Business Day exceeds Advances (1) together with the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and then outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (Btime) shall not exceed the aggregate principal amount of all Loan Cap then in effect, subject to the Administrative Agent’s authority, in its sole discretion to make Protective Advances made by each Issuing Bank pursuant to the terms of Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such time2.01(d). No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c2.01(b), repay pursuant to Section 2.04(b) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c2.01(b). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Xxxxxx’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 2 contracts
Samples: Asset Based Loan Credit Agreement (Express, Inc.), Asset Based Loan Credit Agreement (Express, Inc.)
The Swing Line Advances. The Borrower may request the Swing Line Bank agreesto make, and the Swing Line Bank shall make, unless it promptly notifies the Borrower of its reasonable objection to doing so, on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to for the Swing Line Bank Facility in an amount (i) in an aggregate amount for all outstanding Swing Line Advances not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Facility on such Business Day and (ii) in an amount for each such Swing Line Advance not to exceed the lesser of (x) the aggregate Unused Revolving Credit Commitments of the Revolving Credit Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such timeDay. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing Advance shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 500,000 in excess thereof and shall consist be comprised of a Base Rate Advance. Within the limits of the first sentence of this Section 2.01(c), so long as the Swing Line Facility and within Bank has not notified the limits referred Borrower of its reasonable objection to in clause (ii) abovemaking Swing Line Advances, the Borrower may borrow under this Section 2.01(c), repay pursuant to Section 2.04(c) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c).
Appears in 2 contracts
Samples: Credit Agreement (Caremark Rx Inc), Credit Agreement (Caremark Rx Inc)
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to in respect of the Swing Line Bank Revolving Credit Facility (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Bank's Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c), repay pursuant to Section 2.04(c) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender's Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
Samples: Credit Agreement (Grubb & Ellis Co)
The Swing Line Advances. The Swing Line Bank agrees, on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof until the Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) and (ii) in an amount for each such Advance not to exceed the lesser of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender Lxxxxx and outstanding at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c), prepay pursuant to Section 2.10 and reborrow under this Section 2.01(c).
Appears in 1 contract
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Bank's Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of be made as a Base Rate AdvanceAdvance or shall bear interest at a rate otherwise mutually agreed upon between the Borrower and the Swing Line Bank. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c2.01(d), prepay repay pursuant to Section 2.10 2.04(d) and reborrow under this Section 2.01(c2.01(d). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to such Lender's Pro Rata Share of such Swing Line Advance.
Appears in 1 contract
The Swing Line Advances. The Swing Line Bank agrees, on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to in respect of the Swing Line Bank Revolving Credit Facility (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Bank’s Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 500,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c), repay pursuant to Section 2.04(c) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to in respect of the Swing Line Bank Revolving Credit Facility (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Bank’s Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c2.01(b), repay pursuant to Section 2.04(b) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c2.01(b). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
Samples: Credit Agreement (Grubb & Ellis Co)
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 the lesser of (x) the “Swing Line Facility”Facility at such time and (y) the Swing Line Bank’s Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 500,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c2.01(d), repay pursuant to Section 2.04(d) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c2.01(d). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
The Swing Line Advances. The Borrower may request the Swing Line Bank agreesto make, and the Swing Line Bank may, if in its sole discretion it elects to do so, make, on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof until the Revolving Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 10,000,000 (the “"Swing Line Facility”) and (ii) in an amount for each such Advance not to exceed the lesser of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such time"). No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of a Base Rate Advance. Within the limits of the Swing Line Facility and within Facility, so long as the limits referred Swing Line Bank, in its sole discretion, elects to in clause (ii) abovemake Swing Line Advances, the Borrower may borrow under this Section 2.01(c2.01(d), repay pursuant to Section 2.03 or prepay pursuant to Section 2.10 2.04(c) and reborrow under this Section 2.01(c2.01(d). Upon the occurrence and during the continuance of a Default or an Event of Default, and following receipt by the Swing Line Bank of written notice from the Agent not to make further Swing Line Advances (which the Agent may send in its discretion and shall send upon the request of the Required Lenders), the Borrower may not request and the Swing Line Bank shall not make, Swing Line Advances. The Swing Line Bank shall not knowingly waive any conditions set forth in Article III in connection with any Swing Line Advance without the prior written consent of the Required Lenders.
Appears in 1 contract
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to in respect of the Swing Line Bank Revolving Credit Facility (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Bank’s Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 500,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c), repay pursuant to Section 2.04(c) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof until the Termination Date applicable to the Swing Line Bank Availability Period (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 the lesser of (x) the “Swing Line Facility”Sublimit and (y) the Swing Line Bank’s Swing Line Commitment at such time and (ii) in an amount for each such Swing Line Advance not to exceed the lesser of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment Lenders immediately prior to the making of the Lender acting as the such Swing Line Advance. The Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and agrees to make one or more Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such timeon any Business Day. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 500,000 in excess thereof and and, notwithstanding Section 2.10, shall consist of be made as a Base Rate AdvanceAdvance by the Swing Line Bank. Within the limits of the Swing Line Facility Sublimit and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c), repay pursuant to Section 2.05(d) or prepay pursuant to Section 2.10 2.07(a) and reborrow under this Section 2.01(c). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
Samples: Credit Agreement (Neustar Inc)
The Swing Line Advances. The Swing Line Bank agrees, on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof until the Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) and (ii) in an amount for each such Advance not to exceed the lesser of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender Xxxxxx and outstanding at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c), prepay pursuant to Section 2.10 and reborrow under this Section 2.01(c).
Appears in 1 contract
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Revolving Credit Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Bank’s Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding Lenders at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 500,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Revolving Credit Borrower may borrow under this Section 2.01(c2.01(d), repay pursuant to Section 2.04(c) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c2.01(d). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to in respect of the Swing Line Bank Revolving Credit Facility (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Bank's Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 500,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c), repay pursuant to Section 2.04(c) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender's Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
The Swing Line Advances. The Swing Line Bank agrees, on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof until the Termination Date applicable to the Swing Line Bank Availability Period (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 the lesser of (x) the “Swing Line Facility”Sublimit and (y) the Swing Line Bank’s Swing Line Commitment at such time and (ii) in an amount for each such Swing Line Advance not to exceed the lesser of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment Lenders immediately prior to the making of the Lender acting as the such Swing Line Advance. The Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and agrees to make one or more Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such timeon any Business Day. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 500,000 in excess thereof and and, notwithstanding Section 2.10, shall consist of be made as a Base Rate AdvanceAdvance by the Swing Line Bank. Within the limits of the Swing Line Facility Sublimit and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c), repay pursuant to Section 2.05(d) or prepay pursuant to Section 2.10 2.07(a) and reborrow under this Section 2.01(c). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
Samples: Credit Agreement (Neustar Inc)
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Business Day immediately following the Effective Date until the Termination Date applicable to in respect of the Swing Line Bank Revolving Credit Facility (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Bank’s Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 500,000 or an integral multiple of $1,000,000 250,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c2.01(f), repay pursuant to Section 2.04(d) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c2.01(f). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
Samples: Credit Agreement (Hexacomb CORP)
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to in respect of the Swing Line Bank Facility (i) in an aggregate amount for all Swing Line Advances not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Bank’s Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 100,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of a bear interest at the Base Rate Advanceplus the Applicable Percentage then applicable, or a rate mutually agreed by the Borrower and the Swing Line Bank. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c), repay pursuant to Section 2.04(c) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to such Lender’s Pro Rata Share of such Swing Line Advance.
Appears in 1 contract
Samples: Credit Agreement (Cracker Barrel Old Country Store, Inc)
The Swing Line Advances. The Swing Line Bank agrees, Lender severally agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable in an aggregate amount owing to the Swing Line Bank (i) in an aggregate amount Lender not to exceed at any time outstanding $50,000,000 the lesser of (i) the “Swing Line Facility”) Facility at such time and (ii) in an amount for each the Swing Line Lender’s Swing Line Commitment at such Advance not to time; provided, however, that no Swing Line Borrowing shall exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 500,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of a Base Rate Advancethereof. Within the limits of the Swing Line Facility and within the limits referred to in clause the first sentence of this subsection (ii) aboved), the Borrower may borrow under this Section 2.01(c2.01(d), repay pursuant to Section 2.04(d) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c2.01(d). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the principal amount of such Swing Line Advance.
Appears in 1 contract
Samples: Senior Secured Debtor in Possession Credit Agreement (Dana Corp)
The Swing Line Advances. The Swing Line Bank agrees, Lender severally agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Closing Date until the Termination Date applicable in an aggregate amount owing to the Swing Line Bank (i) in an aggregate amount Lender not to exceed at any time outstanding $50,000,000 the lesser of (i) the “Swing Line Facility”) Facility at such time and (ii) in an amount for each the Swing Line Lender’s Swing Line Commitment at such Advance not to time; provided, however, that no Swing Line Borrowing shall exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 500,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of a Base Rate Advancethereof. Within the limits of the Swing Line Facility and within the limits referred to in clause the first sentence of this subSection (ii) aboved), the Borrower may borrow under this Section 2.01(c), repay pursuant to Section 2.04(b) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the principal amount of such Swing Line Advance.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Dana Holding Corp)
The Swing Line Advances. The Either U.S. Borrower may request any Swing Line Bank agreesto make, and such Swing Line Bank may, if in its sole discretion it elects to do so, make, on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the such U.S. Borrower from time to time on any Business Day during the period from the date hereof Funding Date until the Termination Date applicable to the Swing Line Bank (i) in an aggregate amount owing from the U.S. Borrowers to all Swing Line Banks not to exceed at any time outstanding $50,000,000 25,000,000 (the “"Swing Line Facility”") and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit U.S. RC Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 500,000 or an integral multiple of $1,000,000 250,000 in excess thereof and shall consist of be made as a Base Rate Advance. Upon the making of a Swing Line Borrowing by either U.S. Borrower, such Borrower shall, at such time, be contingently liable for any such Swing Line Advance made at any time by any Lender in satisfaction of its obligations under Section 2.02(b). Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, so long as any Swing Line Bank, in its sole discretion, elects to make Swing Line Advances, the Borrower U.S. Borrowers may borrow under this Section 2.01(c2.01(b), repay pursuant to Section 2.03(c) or prepay pursuant to Section 2.10 2.05(a) and reborrow under this Section 2.01(c2.01(b).
Appears in 1 contract
Samples: Credit Agreement (Imc Global Inc)
The Swing Line Advances. The Swing Line Bank agrees, on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Original Effective Date until the Termination Date applicable to in respect of the Swing Line Bank Revolving Credit Facility (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing 47 Amended and Restated KCSR Credit Agreement Line Bank’s Swing Line Facility”) Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 500,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c), repay pursuant to Section 2.04(c) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) 30,000,00045,000,000 at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment Lenders at such time; provided, however, that the aggregate principal amount of the Lender acting as the all such Swing Line Bank on such Business Day exceeds Advances (1) together with the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and then outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (Btime) shall not exceed the aggregate principal amount of all Loan Cap then in effect, subject to the Administrative Agent’s authority, in its sole discretion to make Protective Advances made by each Issuing Bank pursuant to the terms of Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such time2.01(d). No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c2.01(b), repay pursuant to Section 2.04(b) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c2.01(b). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Xxxxxx’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
The Swing Line Advances. The Swing Line Bank agrees, severally agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable in an aggregate amount owing to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 the lesser of (i) the “Swing Line Facility”) Facility at such time and (ii) in an amount for each the Swing Line Bank’s Swing Line Commitment at such Advance not to time; provided, however, that no Swing Line Borrowing shall exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 500,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of a Base Rate Advancethereof. Within the limits of the Swing Line Facility and within the limits referred to in clause the first sentence of this subsection (ii) aboved), the Borrower may borrow under this Section 2.01(c2.01(d), repay pursuant to Section 2.04(d) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c2.01(d). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
Samples: Credit Agreement (Trump Entertainment Resorts Holdings Lp)
The Swing Line Advances. The Swing Line Bank agrees, on Subject to the terms and conditions hereinafter set forthof this Agreement, to the Swing Line Bank may, in its sole discretion, make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to in respect of the Swing Line Bank Facility (i) in an aggregate amount for all Swing Line Advances not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Bank’s Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 100,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of a bear interest at the Base Rate Advanceplus the Applicable Percentage, or a rate mutually agreed by the Borrower and the Swing Line Bank. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c2.01(b), repay pursuant to Section 2.04(b) or prepay pursuant to Section 2.10 2.06(a) and reborrow re-borrow under this Section 2.01(c2.01(b). Immediately upon the making of a Swing Line Advance, each Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to such Lender’s Pro Rata Share of such Swing Line Advance.
Appears in 1 contract
Samples: Credit Agreement (Cracker Barrel Old Country Store, Inc)
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to in respect of the Swing Line Bank Revolving Credit Facility (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Bank’s Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c), repay pursuant to Section 2.04(c) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
Samples: Credit Agreement (Grubb & Ellis Co)
The Swing Line Advances. The Each Swing Line Bank severally agrees, on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof until the Scheduled Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 the lesser of (x) the “Swing Line Facility”Facility at such time and (y) the Swing Line Bank’s Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 500,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c2.01(d), prepay pursuant to Section 2.10 2.06 and reborrow under this Section 2.01(c2.01(d). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
Samples: First Lien Credit Agreement (Berliner Communications Inc)
The Swing Line Advances. The Swing Line Bank agrees, Lender severally agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable in an aggregate amount owing to the Swing Line Bank (i) in an aggregate amount Lender not to exceed at any time outstanding $50,000,000 the lesser of (i) the “Swing Line Facility”) Facility at such time and (ii) in an amount for each the Swing Line Lender's Swing Line Commitment at such Advance not to time; provided, however, that no Swing Line Borrowing shall exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 500,000 or an integral multiple of $1,000,000 100,000 in excess thereof and shall consist of a Base Rate Advancethereof. Within the limits of the Swing Line Facility and within the limits referred to in clause the first sentence of this subsection (ii) aboved), the Borrower may borrow under this Section 2.01(c2.01(d), repay pursuant to Section 2.04(d) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c2.01(d). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Advance in an amount equal to the product of such Lender's Pro Rata Share times the principal amount of such Swing Line Advance.
Appears in 1 contract
Samples: Senior Secured Debtor in Possession Credit Agreement (Dana Corp)
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to in respect of the Swing Line Bank Revolving Credit Facility (i) in an aggregate amount for all Swing Line Advances not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Bank's Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding Lenders at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 100,000 or an integral multiple of $1,000,000 50,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c), repay pursuant to Section 2.04(c) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c).. Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and
Appears in 1 contract
The Swing Line Advances. The Swing Line Bank agrees, agrees on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Revolving Credit Borrower from time to time on any Business Day during the period from the date hereof Effective Date until the Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) Bank’s Swing Line Commitment at such time and (ii) in an amount for each such Advance Swing Line Borrowing not to exceed the lesser aggregate of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding Lenders at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 1,000,000 or an integral multiple of $1,000,000 500,000 in excess thereof and shall consist of be made as a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Revolving Credit Borrower may borrow under this Section 2.01(c), repay pursuant to Section 2.04(c) or prepay pursuant to Section 2.10 2.06(a) and reborrow under this Section 2.01(c). Immediately upon the making of a Swing Line Advance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Advance in an amount equal to the product of such Lender’s Pro Rata Share times the amount of such Swing Line Advance.
Appears in 1 contract
The Swing Line Advances. The Swing Line Bank agrees, on the terms and conditions hereinafter set forth, to make Swing Line Advances denominated in Dollars to the Borrower from time to time on any Business Day during the period from the date hereof until the Termination Date applicable to the Swing Line Bank (i) in an aggregate amount not to exceed at any time outstanding $50,000,000 (the “Swing Line Facility”) and (ii) in an amount for each such Advance not to exceed the lesser of (x) the Unused Revolving Credit Commitments of the Lenders on such Business Day and (y) the amount by which the Revolving Credit Commitment of the Lender acting as the Swing Line Bank on such Business Day exceeds (1) the aggregate principal amount of all Revolving Credit Advances and Swing Line Advances made by such Lender and outstanding at such time, plus (2) such Lender’s Ratable Share of (A) the aggregate Available Amount of all the Letters of Credit outstanding at such time and (B) the aggregate principal amount of all Advances made by each Issuing Bank pursuant to Section 2.03(c) that have not been ratably funded by such Lender and outstanding at such time. No Swing Line Advance shall be used for the purpose of funding the payment of principal of any other Swing Line Advance. Each Swing Line Borrowing shall be in an amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and shall consist of a Base Rate Advance. Within the limits of the Swing Line Facility and within the limits referred to in clause (ii) above, the Borrower may borrow under this Section 2.01(c2.01(d), prepay pursuant to Section 2.10 and reborrow under this Section 2.01(c2.01(d).
Appears in 1 contract