The Swing Line Facility. (a) Subject to the terms and conditions set forth herein, the Swing Line Bank agrees to make loans in Dollars (each a “Swing Line Loan”) to the Company from time to time on any Business Day prior to the Credit Termination Date in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Pro Rata Share of the Dollar Equivalent amount of Revolving Loans and the Effective Amount of all L/C Obligations of the Bank acting as Swing Line Bank, may exceed the amount of such Bank’s Commitment; provided that after giving effect to any Swing Line Loan, (i) the Total Outstandings shall not exceed the combined Commitments, and (ii) the aggregate outstanding principal amount of the Revolving Loans of any Bank, plus such Bank’s Pro Rata Share of the Effective Amount of all L/C Obligations, plus such Bank’s Pro Rata Share of the aggregate outstanding principal amount of all Swing Line Loans shall not exceed such Bank’s Commitment, and provided that the Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.06, prepay under Section 2.08, and reborrow under this Section 2.06. Immediately upon the making of a Swing Line Loan, each Bank shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank a risk participation in such Swing Line Loan in an amount equal to the product of such Bank’s Pro Rata Share times the amount of such Swing Line Loan.
