Common use of The Swing Line Facility Clause in Contracts

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.

The Swing Line Facility. (a) Subject to the terms and conditions set forth hereinherein and in reliance upon the agreements of the other Lenders set forth in this Section 2.04, the Swing Line Bank agrees Lender shall, on the terms and subject to the conditions hereinafter set forth, make loans in Dollars (each such loan, a “Swing Line Loan”) to the Company Borrower from time to time on any Business Day prior (other than the Closing Date) until the latest Maturity Date applicable to any Revolving Credit Facility as of the Credit Termination Date date the Swing Line Loan is drawn, 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 Revolving Credit Percentage or other applicable share provided for under this Agreement of the Dollar Equivalent amount Outstanding Amount of Revolving Credit Loans and the Effective Amount of all L/C Obligations of the Bank Lender acting as Swing Line BankLender, may exceed the amount of such BankLender’s Revolving Credit Commitment; provided that that, (1) 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 Outstanding Amount of the Revolving Credit Loans of any BankLender, plus such BankLender’s Pro Rata Share Revolving Credit Percentage or other applicable share provided for under this Agreement of the Effective Outstanding Amount of all L/C Obligations, plus such BankLender’s Pro Rata Share Revolving Credit Percentage of the aggregate outstanding principal amount Outstanding Amount of all Swing Line Loans shall not exceed such BankLender’s CommitmentRevolving Credit Commitment then in effect and (2) notwithstanding the foregoing, the Swing Line Lender shall not be obligated to make any Swing Line Loans at a time when any Revolving Credit Lender is a Defaulting Lender, unless the Swing Line Lender has entered into arrangements reasonably satisfactory to it and provided that the Company Borrower to eliminate the Swing Line Lender’s risk with respect to such Defaulting Lender’s participation in such Swing Line Loans, including reallocation of the Defaulting Lender’s Revolving Credit Percentage of the outstanding L/C Obligations pursuant to Section 2.19 or by Cash Collateralizing such Defaulting Lender’s or Defaulting Lenders’ Revolving Credit Percentage of the outstanding Swing Line Loans; provided, further, that, the Borrower 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 Borrower may borrow under this Section 2.062.04, prepay under Section 2.082.05, and reborrow under this Section 2.062.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Bank Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank Lender a risk participation in such Swing Line Loan in an amount equal to the product of such BankXxxxxx’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.

The Swing Line Facility. (a) Subject to the terms and conditions set forth hereinherein and in reliance upon the agreements of the other Lenders set forth in this Section 2.04, the Swing Line Bank agrees Lender shall, on the terms and subject to the conditions hereinafter set forth, make loans in Dollars (each such loan, a “Swing Line Loan”) to the Company Borrower from time to time on any Business Day prior (other than the Closing Date) until the latest Maturity Date applicable to any Revolving Credit Facility as of the Credit Termination Date date the Swing Line Loan is drawn, 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 Revolving Credit Percentage or other applicable share provided for under this Agreement of the Dollar Equivalent amount Outstanding Amount 106 of Revolving Credit Loans and the Effective Amount of all L/C Obligations of the Bank Lender acting as Swing Line BankLender, may exceed the amount of such BankLender’s Revolving Credit Commitment; provided that that, (1) 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 Outstanding Amount of the Revolving Credit Loans of any BankLender, plus such BankLender’s Pro Rata Share Revolving Credit Percentage or other applicable share provided for under this Agreement of the Effective Outstanding Amount of all L/C Obligations, plus such BankLender’s Pro Rata Share Revolving Credit Percentage of the aggregate outstanding principal amount Outstanding Amount of all Swing Line Loans shall not exceed such BankXxxxxx’s CommitmentRevolving Credit Commitment then in effect and (2) notwithstanding the foregoing, the Swing Line Lender shall not be obligated to make any Swing Line Loans at a time when any Revolving Credit Lender is a Defaulting Lender, unless the Swing Line Lender has entered into arrangements reasonably satisfactory to it and provided that the Company Borrower to eliminate the Swing Line Lender’s risk with respect to such Defaulting Lender’s participation in such Swing Line Loans, including reallocation of the Defaulting Lender’s Revolving Credit Percentage of the outstanding L/C Obligations pursuant to Section 2.19 or by Cash Collateralizing such Defaulting Lender’s or Defaulting Lenders’ Revolving Credit Percentage of the outstanding Swing Line Loans; provided, further, that, the Borrower 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 Borrower may borrow under this Section 2.062.04, prepay under Section 2.082.05, and reborrow under this Section 2.062.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Bank Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank Lender a risk participation in such Swing Line Loan in an amount equal to the product of such BankXxxxxx’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.

The Swing Line Facility. (a) Subject to the terms and conditions set forth herein, the Swing Line Bank agrees Lender agrees, in reliance upon the agreements of the other Revolving Lenders set forth in this Section 2.04, to make consider in its sole and absolute discretion making loans in Dollars (each such loan, a “Swing Line Loan”) to the Company Borrower from time to time on any Business Day prior to during the Credit Termination Date Revolving Availability Period 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 Applicable Revolving Percentage of the Dollar Equivalent amount Outstanding Amount of Revolving Loans and the Effective Amount of all L/C Obligations of the Bank Lender acting as Swing Line BankLender, may exceed the amount of such BankLender’s Revolving Commitment; provided provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Outstandings shall not exceed the combined Commitmentslesser of (A) the Aggregate Revolving Commitments then in effect and (B) the Borrowing Base then in effect, and (ii) the aggregate outstanding principal amount of the Revolving Loans Lender Exposure 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 Revolving Lender shall not exceed the lesser of (A) such BankRevolving Lender’s Commitment, Revolving Commitment then in effect and provided that (B) an amount equal to the Company product of such Revolving Lender’s Applicable Revolving Percentage multiplied by the Borrowing Base then in effect. Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within Each Swing Line Loan shall bear interest only at a rate based on 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 2.06Base Rate. Immediately upon the making of a Swing Line Loan, each Bank Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank Lender a risk participation in such Swing Line Loan in an amount equal to the product of such BankLender’s Pro Rata Share Applicable Revolving Percentage times the amount of such Swing Line Loan.

The Swing Line Facility. (a) Subject to the terms and conditions set forth hereinherein and in reliance upon the agreements of the other Lenders set forth in this Section 2.04, the Swing Line Bank agrees Lender shall, on the terms and subject to the conditions hereinafter set forth, make loans in Dollars (each such loan, a “Swing Line Loan”) to the Company Borrower from time to time on any Business Day prior (other than the Closing Date) until the latest Maturity Date applicable to any Revolving Credit Facility as of the Credit Termination Date date the Swing Line Loan is drawn, 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 Revolving Credit Percentage or other applicable share provided for under this Agreement of the Dollar Equivalent amount Outstanding Amount of Revolving Credit Loans and the Effective Amount of all L/C Obligations of the Bank Lender acting as Swing Line BankLender, may exceed the amount of such BankLender’s Revolving Credit Commitment; provided that that, (1) 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 Outstanding Amount of the Revolving Credit Loans of any BankLender, plus such BankLender’s Pro Rata Share Revolving Credit Percentage or other applicable share provided for under this Agreement of the Effective Outstanding Amount of all L/C Obligations, plus such BankLender’s Pro Rata Share Revolving Credit Percentage of the aggregate outstanding principal amount Outstanding Amount of all Swing Line Loans shall not exceed such BankLender’s CommitmentRevolving Credit Commitment then in effect and (2) notwithstanding the foregoing, the Swing Line Lender shall not be obligated to make any Swing Line Loans at a time when any Revolving Credit Lender is a Defaulting Lender, unless the Swing Line Lender has entered into arrangements reasonably satisfactory to it and provided that the Company Borrower to eliminate the Swing Line Lender’s risk with respect to such Defaulting Lender’s participation in such Swing Line Loans, including reallocation of the Defaulting Lender’s Revolving Credit Percentage of the outstanding L/C Obligations pursuant to Section 2.19 or by Cash Collateralizing such Defaulting Lender’s or Defaulting Lenders’ Revolving Credit Percentage of the outstanding Swing Line Loans; provided, further, that, the Borrower 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 Borrower may borrow under this Section 2.062.04, prepay under Section 2.082.05, and reborrow under this Section 2.062.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Bank Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Bank Lender a risk 105 participation in such Swing Line Loan in an amount equal to the product of such BankLender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.