The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 7 contracts

Samples: Credit Agreement (TopBuild Corp), Credit Agreement (TopBuild Corp), Credit Agreement (Akumin Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (i) after giving effect to any Swing Line Loan, (iA) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (iiB) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Revolving Credit Lender’s Revolving Credit ~~Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan,~~ Commitment then in effect and (zii) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension ~~may~~ will, after giving effect to Section 2.16(a)(iv), have, Fronting Exposure; 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 Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan. For the avoidance of doubt, on the Closing Date, there is no commitment to make Swing Line Loans hereunder.

Appears in 7 contracts

Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to ~~the Borrower~~ one or more Borrowers from time to time on any Business Day during the 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 ~~Applicable~~ Revolving ~~Credit~~ Facility Percentage of the Outstanding Amount of Revolving ~~Credit~~ Facility Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving ~~Credit~~ Facility Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the ~~Total~~ Revolving Facility Credit ~~Outstandings~~ Exposure shall not exceed the lesser of (I) Revolving ~~Credit~~ Facility ~~at such time,~~ Commitments and (II) the Borrowing Base (ii) the Revolving Facility Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s Revolving ~~Credit~~ Facility Commitment, (y) the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it is has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, each Revolving ~~Credit~~ Facility 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 Loan in an amount equal to the product of such Revolving ~~Credit~~ Facility Lender’s ~~Applicable~~ applicable Revolving ~~Credit~~ Facility Percentage times the amount of such Swing Line Loan.

Appears in 7 contracts

Samples: Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.)

Appears in 6 contracts

Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Mission Broadcasting Inc), Credit Agreement (Nexstar Broadcasting Group Inc)

The Swing Line. Subject to the terms and conditions set forth herein, ~~the~~ Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04~~2.2, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to ~~the~~ Borrower from time to time on any Business Day during the ~~Availability Period~~ period from the Closing Date to the Maturity Date for the Facility 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans ~~and L/C Obligations~~ of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the ~~Total~~ Revolving Credit ~~Outstandings~~ Exposure of all Revolving Credit Lenders shall not exceed the aggregate amount of the Revolving Credit ~~Facility at such time~~Commitments of the Revolving Credit Lenders, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, (y) ~~the~~ Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) ~~the~~ Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be ~~conclusive and binding absent manifest error~~in its sole discretion) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, ~~the~~ Borrower may borrow under this Section ~~2.04~~2.2, prepay under Section ~~2.05~~2.8(b), and reborrow under this Section ~~2.04~~2.2. Each Swing Line Loan shall bear interest ~~only at~~ as a ~~rate based on the~~ Base ~~Rate~~Rate Portion. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 6 contracts

Samples: Credit Agreement (Bgsf, Inc.), Credit Agreement (Bgsf, Inc.), Credit Agreement (Bgsf, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 5 contracts

Samples: Security and Pledge Agreement (Sylvamo Corp), Credit Agreement (Kbr, Inc.), Credit Agreement (Sylvamo Corp)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, ~~may~~ may, in its sole ~~discretion~~ discretion, make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (i) after giving effect to any Swing Line Loan, (iA) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit ~~Facility at such time~~Commitments, and (iiB) the Revolving Credit Exposure of any Revolving Credit Lender (other than the Revolving Credit Lender acting as Swing Line Lender as described above) shall not exceed such Lender’s Revolving Credit Commitment, ; (yii) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, ; and (ziii) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 5 contracts

Samples: Credit Agreement (TreeHouse Foods, Inc.), Credit Agreement (TreeHouse Foods, Inc.), Credit Agreement (TreeHouse Foods, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees that it, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit CommitmentPeriod; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the aggregate Outstanding Amount of all Swing Line Loans shall not exceed the Swing Line Subfacility, (ii) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility ~~at such time,~~ and (iiiii) the Revolving Credit Exposure of any Revolving Credit Lender (including the Lender acting as Swing Line Lender) shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment (subject to the discretion of any L/C Issuer pursuant to Section 2.03(a)(iii)(F) to issue a Letter of Credit that would cause its Revolving Credit Exposure to exceed its Revolving Credit Commitment), (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting ~~Exposure~~Exposure unless the Swing Line Lender has entered into arrangements, including the delivery of Cash Collateral, satisfactory to the Swing Line Lender (in its sole discretion) with the Borrower or the applicable Lender to eliminate such Fronting Exposure (after giving effect to Section 2.17(a)(iv)). Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 5 contracts

Samples: Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Apple Hospitality REIT, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 5 contracts

Samples: Credit Agreement (Nn Inc), Credit Agreement (Nn Inc), Credit Agreement (Nn Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04~~2.22, ~~may in its sole discretion~~ agrees to make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the ~~Availability~~ Revolving Commitment 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 ~~Applicable~~ Revolving ~~Credit~~ Commitment Percentage of the Outstanding ~~Amount of~~ Revolving Credit ~~Loans and L/C Obligations~~ of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving ~~Credit~~ Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the ~~Total~~ Outstanding Revolving Credit ~~Outstandings~~ shall not exceed the Total Revolving ~~Credit Facility~~ Commitments at such time, and (ii) the Outstanding Revolving Credit ~~Exposure~~ of any Revolving ~~Credit~~ Lender shall not exceed such Lender’s Revolving ~~Credit~~ Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such ~~Credit Extension~~ credit extension may have, Fronting Exposure. Within the foregoing ~~limits,~~ limits and subject to the other terms and conditions hereof, the Borrower may borrow under this Section ~~2.04~~2.22, prepay under Section ~~2.05~~2.08, and reborrow under this Section ~~2.04~~2.22. Each Swing Line Loan shall bear interest only at a rate based on the Alternate Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving ~~Credit~~ Lender’s ~~Applicable~~ Revolving ~~Credit~~ Commitment Percentage times the amount of such Swing Line Loan.

Appears in 5 contracts

Samples: Credit Agreement (Donnelley Financial Solutions, Inc.), Credit Agreement (LSC Communications, Inc.), Credit Agreement (Donnelley Financial Solutions, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender may, but shall not be obligated to, make loans in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04, may~~ 2.04 in ~~its sole discretion make loans~~ Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrowers from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and ~~L/C~~ Letter of Credit Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Maximum Borrowing Amount, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, ~~(y)~~ and provided, further, that the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, . Within the foregoing limits and ~~(z)~~ subject to the discretion of the Swing Line Lender ~~shall not be under any obligation~~ to make ~~any~~ Swing Line ~~Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits~~Loans, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section ~~2.05~~2.06(a)(ii), and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Revolving Credit Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 5 contracts

Samples: Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Ascent Industries Co.), Credit Agreement (Lifecore Biomedical, Inc. \De\)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrowers from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, (x) that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base ~~Rate~~Rate plus the Applicable Rate for Base Rate Loans made under the Revolving Credit Facility. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 4 contracts

Samples: Credit Agreement (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (i) after giving effect to any Swing Line Loan, (iA) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (iiB) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Revolving Credit Lender’s Revolving Credit ~~Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan,~~ Commitment then in effect and (zii) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension ~~may~~ will, after giving effect to Section 2.16(a)(iv), have, Fronting Exposure; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Each Swing Line Loan shall be allocated on a pro rata basis to the 2018 Revolving Credit Tranche and the 2020 Revolving Credit Tranche based on the Revolving Credit Commitments thereunder. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan. For the avoidance of doubt, on the Closing Date, there is no commitment to make Swing Line Loans hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion~~ Lender shall make loans in Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Company from time to time on any Business Day during the Revolving Credit 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit ~~Facility at such time~~Facility, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) that the ~~Borrower~~ Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Company may borrow under this Section ~~2.04~~2.05, prepay under Section ~~2.05~~2.06, and reborrow under this Section ~~2.04~~2.05. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan or a Daily Floating LIBOR Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 4 contracts

Samples: Credit Agreement (Vontier Corp), Credit Agreement (Fortive Corp), Credit Agreement (Vontier Corp)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04~~2.03, may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Company from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of ~~Revolving Credit~~ Committed Loans ~~and L/C Obligations~~ of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (y) the ~~Borrower~~ Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Company may borrow under this Section ~~2.04~~2.03, prepay under Section ~~2.05~~2.04, and reborrow under this Section ~~2.04~~2.03. Each Swing Line Loan shall ~~bear~~ be either a Base Rate Loan or, as requested by the Company and as agreed to by the Administrative Agent and Swing Line Lender, a Loan that bears interest ~~only at a rate~~ based on the ~~Base~~ AFX Overnight Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 4 contracts

Samples: Credit Agreement (Cboe Global Markets, Inc.), Credit Agreement (Cboe Global Markets, Inc.), Credit Agreement (Cboe Global Markets, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (i) after giving effect to any Swing Line Loan, (iA) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (iiB) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Revolving Credit Lender’s Revolving Credit ~~Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan,~~ Commitment then in effect and (zii) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension ~~may~~ will, after giving effect to Section 2.16(a)(iv), have, Fronting Exposure; provided, further, that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Each Swing Line Loan shall be allocated on a pro rata basis to the 2018 Revolving Credit Tranche and the 2020 Revolving Credit Tranche based on the Revolving Credit Commitments thereunder. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 4 contracts

Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans in Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrowers from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the applicable Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 4 contracts

Samples: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans in Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrowers from time to time on any Business Day during the Availability Period with respect to the USD Revolving Credit Facility 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 Applicable Revolving Credit Percentage of the Outstanding Amount of USD Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s USD Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving ~~Credit Facility at such time,~~ Commitments and (ii) the USD Revolving Credit Exposure of any USD Revolving Credit Lender shall not exceed such USD Revolving Credit Lender’s USD Revolving Credit Commitment, (y) the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall reasonably determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. For the avoidance of doubt, Swing Line Loans made to the U.K. Borrower shall be made under the U.K. Borrower Sublimit, Swing Line Loans made to the Designated Borrowers shall be made under the Designated Borrower Sublimit and Swing Line Loans made to the Company shall be made under the Revolving Credit Facility. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, each USD 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 Loan in an amount equal to the product of such USD Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc)

The Swing Line. Subject to the terms and conditions set forth ~~herein, the Swing Line Lender,~~ herein and in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ each Swing Line Lender shall make loans (each such loan, a “Swing Line Loan”) to the Borrower in Dollars from time to time on any Business Day during the 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 ~~Applicable~~ Pro Rata Share (with respect to the Revolving Credit ~~Percentage~~ Facility) of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the applicable Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit ~~Facility at such time~~Facility, ~~and~~ (ii) the aggregate Outstanding Amount of the Revolving Credit ~~Exposure~~ Loans of any ~~Revolving Credit Lender~~ Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit ~~Commitment~~Commitment and (iii) the aggregate Outstanding Amount of the Swing Line Loans shall not exceed the Swing Line Sublimit, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) ~~the~~ no Swing Line Lender shall ~~not~~ be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the applicable Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such Lender’s Pro Rata Share of the Revolving Credit ~~Lender’s Applicable Revolving Credit Percentage~~ Facility times the amount of such Swing Line Loan.

Appears in 4 contracts

Samples: Credit Agreement (AdvanSix Inc.), Credit Agreement (AdvanSix Inc.), Credit Agreement (AdvanSix Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Company from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Multicurrency Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Multicurrency Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Multicurrency Revolving Credit Outstandings shall not exceed the Multicurrency Revolving Credit Facility at such time, and (ii) the Multicurrency Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Multicurrency Revolving Credit Commitment, (y) the ~~Borrower~~ Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Company may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, each Multicurrency 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 Loan in an amount equal to the product of such Multicurrency Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 3 contracts

Samples: Credit Agreement (Arris Group Inc), Credit Agreement (Arris Group Inc), Credit Agreement (Arris Group Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the Availability Period in an aggregate principal 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of ~~Revolving Credit~~ Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension ~~may~~ will have, after giving effect to the provisions of Section 2.17(a)(iv), Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 3 contracts

Samples: Revolving Credit Agreement (EnLink Midstream, LLC), Revolving Credit Agreement (EnLink Midstream, LLC), Credit Agreement (Crosstex Energy Lp)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure that is not secured by cash or Cash Equivalents in the Minimum Collateral Amount of such Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 3 contracts

Samples: Credit Agreement (Helix Energy Solutions Group Inc), Assignment and Assumption (Helix Energy Solutions Group Inc), Assignment and Assumption (Helix Energy Solutions Group Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans in Dollars (each such loan, a “Swing Line Loan”) to ~~the~~ a Domestic Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) ~~the~~ such Domestic Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, ~~the~~ a Domestic Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 3 contracts

Samples: Syndicated Facility Agreement (Aecom), Credit Agreement (Aecom), Credit Agreement (Aecom Technology Corp)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (w) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (yx) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, ~~and~~ (zy) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting ~~Exposure~~Exposure and (z) the obligation of the Swing Line Lender to make any Swing Line Loan shall be at its sole discretion if, after giving effect to such Swing Line Loan, the Outstanding Amount of all Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, would exceed the amount of such Lender’s Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 3 contracts

Samples: Credit Agreement (Qualcomm Inc/De), Credit Agreement (Qualcomm Inc/De), Credit Agreement (Qualcomm Inc/De)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans (each such loan, a “Swing Line Loan”) to the Lead Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the aggregate Outstanding Amount of the Revolving Credit ~~Exposure~~ Loans of any Revolving Credit Lender at such time, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations at such time, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment, (y) the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan. Neither the German Borrower nor the UK Borrower may borrow under the Swing Line Loan.

Appears in 3 contracts

Samples: Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, may in its sole ~~discretion~~ discretion, make loans in Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Company from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit ~~Facility at such time~~Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s Revolving Credit Commitment, ~~(y)~~ and provided, further, that the ~~Borrower~~ Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Company may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 3 contracts

Samples: Credit Agreement (Tetra Tech Inc), Credit Agreement (Tetra Tech Inc), Credit Agreement (Tetra Tech Inc)

The Swing Line. Subject to the terms and conditions set forth herein, ~~the~~ Bank of America, in its capacity as Swing Line Lender~~, in reliance upon the agreements of the other Lenders set forth in this Section 2.04~~, may in its sole ~~discretion~~ discretion, agree to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”~~) to the Borrower~~ ), from time to time on any Business Day during the ~~Availability Period~~ period beginning on the ClosingAmendment No. 3 Effective Date and until the Maturity Date of the Revolving Credit Facility 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 ~~Applicable Revolving Credit Percentage~~ Pro Rata Share of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Swing Line Lender’s Revolving Credit Commitment; ~~provided~~provided that, ~~however, that~~ after giving effect to any Swing Line Loan, (i) the ~~Total~~ Revolving Credit ~~Outstandings~~ Exposure shall not exceed the aggregate Revolving Credit ~~Facility at such time,~~ Commitment and (ii) the aggregate Outstanding Amount of the Revolving Credit ~~Exposure~~ Loans of any ~~Revolving Credit~~ Lender (other than the relevant Swing Line Lender), plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit ~~Commitment~~Commitment then in effect; provided, ~~(y)~~ further, that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s ~~Applicable Revolving Credit Percentage~~ Pro Rata Share times the amount of such Swing Line Loan. Notwithstanding the foregoing, before making any Swing Line Loans (if at such time any Revolving Credit Lender is a Defaulting Lender), the applicable Swing Line Lender may condition the provision of any Swing Line Loans on its receipt of Cash Collateral or similar security satisfactory to such Swing Line Lender (in its sole discretion) from either the Borrower or such Defaulting Lender in respect of such Defaulting Lender’s risk participation in such Swing Line Loans as set forth below. The Borrower and/or such Defaulting Lender hereby grants to the Administrative Agent, for the benefit of the Swing Line Lender, a security interest in all such Cash Collateral and all proceeds of the foregoing. Such Cash Collateral shall be maintained in blocked deposit accounts at Bank of America and may be invested in Cash Equivalents reasonably acceptable to the Administrative Agent. If at any time the Administrative Agent determines that any funds held as Cash Collateral under this paragraph are subject to any right or claim of any Person other than the Administrative Agent for the benefit of the Swing Line Lender or that the total amount of such funds is less than the aggregate risk participation of such Defaulting Lender in the applicable Swing Line Loan, the Borrower and/or such Defaulting Lender will, promptly upon demand by the Administrative Agent, pay to the Administrative Agent, as additional funds to be deposited as Cash Collateral, an amount equal to the excess of (x) such aggregate risk participation over (y) the total amount of funds, if any, then held as Cash Collateral under this paragraph that the Administrative Agent determines to be free and clear of any such right and claim. If the Revolving Credit Lender that triggers the Cash Collateral requirement under this paragraph ceases to be a Defaulting Lender (as determined by the Swing Line Lender in good faith), or if the Swing Line Loans have been permanently reduced to zero, the funds held as Cash Collateral shall thereafter be returned to the Borrower or the Defaulting Lender, whichever provided the funds for the Cash Collateral.

Appears in 3 contracts

Samples: Credit Agreement (Summit Materials, LLC), Credit Agreement (Summit Materials, Inc.), Credit Agreement (Summit Materials, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion~~ Lender agrees to make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 ~~Applicable Revolving Credit Percentage~~ Pro Rata Share of the Outstanding Amount of ~~Revolving Credit~~ Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the ~~Revolving Credit Exposure~~ aggregate Outstanding Amount of the Committed Loans of any ~~Revolving Credit Lender~~ Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, ~~(y)~~ and provided, further, that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s ~~Applicable Revolving Credit Percentage~~ Pro Rata Share times the amount of such Swing Line Loan.

Appears in 3 contracts

Samples: Credit Agreement (New York Times Co), Credit Agreement (New York Times Co), Credit Agreement (Intercept Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of ~~Revolving Credit~~ Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 3 contracts

Samples: Assignment and Assumption (Varian Medical Systems Inc), Credit Agreement (Quidel Corp /De/), Assignment and Assumption (Varian Medical Systems Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (i) after giving effect to any Swing Line Loan, (iA) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (iiB) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Revolving Credit Lender’s Revolving Credit ~~Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan,~~ Commitment then in effect and (zii) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension ~~may~~ will, after giving effect to Section 2.16(a)(iv), have, Fronting Exposure; 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 Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 3 contracts

Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender may, but shall not be obligated to, make loans in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04, may~~ 2.04 in ~~its sole discretion make loans~~ Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrowers from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and ~~L/C~~ Letter of Credit Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Maximum Borrowing Amount, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, ~~(y)~~ and provided, further, that the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, . Within the foregoing limits and ~~(z)~~ subject to the discretion of the Swing Line Lender ~~shall not be under any obligation~~ to make ~~any~~ Swing Line ~~Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits~~Loans, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section ~~2.05~~2.06(a)(ii), and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Matrix Service Co), Credit Agreement (Matrix Service Co)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans in Dollars (each such loan, a “Swing Line Loan”) to ~~the~~ a Domestic Borrower from time to time on any Business Day during the Availability Period for the Revolving Credit Facility 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) ~~the~~ such Domestic Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, ~~the~~ a Domestic Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Syndicated Facility Agreement (Aecom), Credit Agreement (Aecom)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrowers from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, (x) that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base ~~Rate~~Rate plus the Applicable Rate for Base Rate Loans made under the Revolving Credit Facility. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans (each such loan, a “Swing Line Loan”) to the Company or a Designated Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (i) after giving effect to any Swing Line Loan, (ix) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit ~~Facility at such time~~Commitments, and (iiy) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (yii) neither the Company nor any Designated Borrower shall ~~not~~ use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (ziii) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Company and the Designated Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Tile Shop Holdings, Inc.), Credit Agreement (Tile Shop Holdings, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion~~ Lender shall make loans in Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Company from time to time on any Business Day during the Revolving Credit 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit ~~Facility at such time~~Facility, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) that the ~~Borrower~~ Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Company may borrow under this Section ~~2.04~~2.05, prepay under Section ~~2.05~~2.06, and reborrow under this Section ~~2.04~~2.05. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Envista Holdings Corp), Credit Agreement (Envista Holdings Corp)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans ~~and L/C Obligations~~ of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate plus the Applicable Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Carriage Services Inc), Credit Agreement (Carriage Services Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, may in its sole ~~discretion~~ discretion, make loans in Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Company from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit ~~Facility at such time~~Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such ~~Lender~~Lxxxxx’s Revolving Credit Commitment, ~~(y)~~ and provided, further, that the ~~Borrower~~ Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Company may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Tetra Tech Inc), Credit Agreement (Tetra Tech Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the Availability Period with respect to the Revolving Credit Facility 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Revolving Credit Lender’s Revolving Credit Commitment; ~~provided, however,~~ provided that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such ~~time,~~ time and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment~~, (y)~~ ; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (BWX Technologies, Inc.), Credit Agreement (Babcock & Wilcox Co)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit ~~Facility at such time~~Commitments, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Varian Medical Systems Inc), Credit Agreement (Varian Medical Systems Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of ~~Revolving Credit~~ Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving ~~Credit~~ Loan Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the Available Loan Amount, (ii) the Total Revolving ~~Credit Facility at such time~~Outstandings shall not exceed the Available Revolving Loan Amount, and (iiiii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s Revolving ~~Credit~~ Loan Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section ~~2.05~~2.04, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Halozyme Therapeutics, Inc.), Credit Agreement (Tandem Diabetes Care Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans (each such loan, a “"Swing Line Loan”") to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s 's Revolving Credit Commitment; provided, however, that (i) after giving effect to any Swing Line Loan, (iA) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (iiB) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such ~~Lender’s~~ Revolving Credit ~~Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan,~~ Lender's Revolving Credit Commitment then in effect and (zii) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension ~~may~~ will, after giving effect to Section 2.16(a)(iv), have, Fronting Exposure; 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 Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s 's Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Nexstar Broadcasting Group Inc)

The Swing Line. Subject to the terms and conditions set forth herein, ~~the~~ Swing Line Lender, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans (each such loan, a “Swing Line Loan”) to ~~the~~ Borrower from time to time on any Business Day during the Availability Period in respect of the Revolving Credit Facility 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit ~~Facility at such time~~Facility, and (ii) the Revolving Credit Exposure of ~~any~~ a Revolving Credit Lender at such time shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, (y) ~~the~~ Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) ~~the~~ Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, ~~the~~ Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Armada Hoffler Properties, Inc.), Credit Agreement (Armada Hoffler Properties, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit~~, notwithstanding the fact~~ ; provided that such Swing Line Loans, when aggregated with the Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (New York Times Co), Credit Agreement (New York Times Co)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit ~~Facility at such time~~Commitments, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Varian Medical Systems Inc), Credit Agreement (Varian Medical Systems Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans (each such loan, a “Swing Line Loan”) to ~~the~~ a Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (i) after giving effect to any Swing Line Loan, (iA) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (iiB) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Revolving Credit Lender’s Revolving Credit ~~Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan,~~ Commitment then in effect and (zii) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension ~~may~~ will, after giving effect to Section 2.16(a)(iv), have, Fronting Exposure; provided further that the Borrowers 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 ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Media General Inc), Credit Agreement (Media General Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender at such time shall not exceed such Lender’s Revolving Credit Commitment, ~~(y)~~ and provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (JP Energy Partners LP)

The Swing Line. Subject to the terms and conditions set forth herein, ~~the~~ Swing Line Lender, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans (each such loan, a “Swing Line Loan”) to ~~the~~ Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit ~~Facility at such time~~Facility, and (ii) the aggregate Outstanding Amount of the Revolving Credit ~~Exposure~~ Loans of any Revolving Credit Lender at such time, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, (y) ~~the~~ Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) ~~the~~ Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, ~~the~~ Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Rexford Industrial Realty, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) to ~~the~~ any Borrower from time to time on any Business Day during the Availability Period with respect to the Revolving Credit Facility 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Revolving Credit Lender’s Revolving Credit Commitment; ~~provided, however,~~ provided that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such ~~time,~~ time and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment~~, (y)~~ ; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, ~~the~~ any Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (BWX Technologies, Inc.), Credit Agreement (BWX Technologies, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04~~2.3, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time ~~outstanding~~ the amount of the Swing Line Sublimit; provided that, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the ~~Total~~ Revolving Credit ~~Outstandings~~ Commitment Percentage of the aggregate outstanding principal amount of Revolving Credit Loans and L/C Obligations of such Lender acting as a Swing Line Lender plus the aggregate outstanding principal amount of all Swing Line Loans made by such Swing Line Lender shall not exceed the amount of such Lender’s Revolving Credit ~~Facility at such time~~Commitment, ~~and~~ (ii) the Revolving Credit Exposure of ~~any~~ all Lenders shall not exceed the Total Revolving Credit Commitments, (iii) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Revolving Credit ~~Commitment~~Commitment and (iv) Availability shall be greater than or equal to $0, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such ~~Credit Extension~~ Swing Line Loan may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section ~~2.04~~2.3, prepay under Section ~~2.05~~5.1, and reborrow under this Section ~~2.04~~2.3. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan (each a “Swing Line Participation”) in an amount equal to the product of such Lender’s Revolving Credit ~~Lender’s Applicable Revolving Credit~~ Commitment Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Americold Realty Trust), Credit Agreement (Americold Realty Trust)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (i) after giving effect to any Swing Line Loan, (iA) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (iiB) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Revolving Credit Lender’s Revolving Credit ~~Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan,~~ Commitment then in effect and (zii) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension ~~may~~ will, after giving effect to Section 2.16(a)(iv), have, Fronting Exposure; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Each Swing Line Loan shall be allocated on a pro rata basis to the 2018 Revolving Credit Tranche and the 2020 Revolving Credit Tranche based on the Revolving Credit Commitments thereunder. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan. For the avoidance of doubt, on the ClosingSixth Amendment Effective Date, there is no commitment to make Swing Line Loans hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (w) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (yx) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, ~~and~~ (zy) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting ~~Exposure~~Exposure and (z) the obligation of the Swing Line Lender to make any Swing Line Loan shall be at its sole discretion if, after giving effect to such Swing Line Loan, the Outstanding Amount of all Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, would exceed the amount of such Xxxxxx’s Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Qualcomm Inc/De), Credit Agreement (Qualcomm Inc/De)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole ~~discretion~~ discretion, make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the Availability Period for the Revolving Credit Facility 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such ~~time,~~ time and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (CIM Commercial Trust Corp), Credit Agreement (CIM Commercial Trust Corp)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make revolving loans (each such revolving loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving ~~Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Revolving Credit Lender acting as the Swing Line Lender, may exceed the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving ~~Credit~~ Outstandings shall not exceed the aggregate Revolving Credit ~~Facility at such time~~Commitments, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. ~~Each~~ Upon notice from the Swing Line ~~Loan shall bear interest only at a rate based on the Base Rate. Immediately upon~~ Lender following the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving ~~Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 2 contracts

Samples: Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the Availability Period for the Revolving Credit Facility 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such ~~time,~~ time and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Assignment and Assumption (Apple Hospitality REIT, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender may, but shall not be obligated to make loans in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04, may~~ 2.04 in ~~its sole discretion make loans~~ Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrowers from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and ~~L/C~~ Letter of Credit Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Maximum Borrowing Amount, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, ~~(y)~~ and provided, further, that the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, . Within the foregoing limits and ~~(z)~~ subject to the discretion of the Swing Line Lender ~~shall not be under any obligation~~ to make ~~any~~ Swing Line ~~Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits~~Loans, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section ~~2.05~~2.06(a)(ii), and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Revolving Credit Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such ~~Lender~~Lxxxxx’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan. Except for purposes of calculating the Commitment Fee, availability under the Revolving Credit Facility shall be reduced on a dollar-for-dollar basis by Borrowings of Swing Line Loans.

Appears in 1 contract

Samples: Credit Agreement (Rite Aid Corp)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04~~2.18, ~~may in its sole discretion~~ shall make loans (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Company from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility~~ Aggregate Commitments at such time, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (y) the ~~Borrower~~ Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall ~~not~~ be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Company may borrow under this Section ~~2.04~~2.18, prepay under Section ~~2.05~~2.04, and reborrow under this Section ~~2.04~~2.18. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Assignment and Assumption (Conagra Brands Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender(a) may, in its sole and absolute discretion and in reliance upon the agreements of the other U.S. Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ make loans in Dollars (each such loan, a “Swing Line Loan”) to the U.S. -109- CG&R Draft Current date: 03/02/2023 10:05 AM 63515514v23CG&R Draft Current date: 03/01/2023 4:17 PM 70014411v6 Borrower in connection with the U.S. Revolving Credit Facility from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Loan Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable ~~Revolving Credit~~ Adjusted Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s U.S. Revolving Credit Commitment; provided, however, that after giving effect to the making of any Swing Line Loan (other than Protective Advances) the Availability Conditions would be satisfied; provided, further, that after giving effect to the making of any Swing Line Loan, (iA) the ~~Total Revolving Credit Outstandings~~ Euros Outstanding shall not exceed the ~~Revolving Credit Facility at such time~~Euro Sublimit, ~~and~~ (iiB) the ~~Revolving Credit Exposure of any Revolving Credit Lender~~ Sterling Outstanding shall not exceed ~~such Lender’s Revolving Credit Commitment,~~ the Sterling Sublimit and (yC) the Yen Outstanding shall not exceed the Yen Sublimit at any time; provided, further, that the U.S. Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the U.S. Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk ~~participation~~ participations in such Swing Line Loan ~~in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such~~ as Swing Line ~~Loan~~Participations in the manner set forth in Section 2.04(b).

Appears in 1 contract

Samples: Credit Agreement (Gates Industrial Corp PLC)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans in Dollars (each such loan, a “"Swing Line Loan”") to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (w) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time,~~ Aggregate Commitments and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender~~’s Revolving Credit~~ 's Commitment, (yx) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, ~~and~~ (zy) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting ~~Exposure~~Exposure and (z) the obligation of the Swing Line Lender to make any Swing Line Loan shall be at its sole discretion if, after giving effect to such Swing Line Loan, the Outstanding Amount of all Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, would exceed the amount of such Xxxxxx's Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s 's Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Cisco Systems, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans in Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrowers from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, ~~that~~ (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, and (y) the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Alexion Pharmaceuticals Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, ~~may~~ may, in its sole ~~discretion~~ discretion, make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (i) after giving effect to any Swing Line Loan, (iA) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit ~~Facility at such time~~Commitments, and (iiB) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, ; (yii) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, ; and (ziii) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall be a Base Rate Loan or shall bear interest ~~only~~ at a rate ~~based on~~ agreed to between the ~~Base Rate~~Borrower and the Swing Line Lender prior to funding such Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (TreeHouse Foods, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such ~~Lender~~Xxxxxx’s Revolving Credit Commitment; provided, however, that (i) after giving effect to any Swing Line Loan, (iA) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (iiB) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Revolving Credit Lender’s Revolving Credit ~~Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan,~~ Commitment then in effect and (zii) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension ~~may~~ will, after giving effect to Section 2.16(a)(iv), have, Fronting Exposure; 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 Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan. For the avoidance of doubt, on the Closing Date, there is no commitment to make Swing Line Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Nexstar Media Group, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ agrees to make loans (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrower, from time to time on any Business Day during the Availability Period that it is making such loans available to its other commercial banking customers, 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Athenahealth Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans in Dollars (each such loan, a “"Swing Line Loan”") to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (w) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time,~~ Aggregate Commitments and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender~~’s Revolving Credit~~ 's Commitment, (yx) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, ~~and~~ (zy) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting ~~Exposure~~Exposure and (z) the obligation of the Swing Line Lender to make any Swing Line Loan shall be at its sole discretion if, after giving effect to such Swing Line Loan, the Outstanding Amount of all Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, would exceed the amount of such Lender's Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s 's Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Cisco Systems, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, may in its sole ~~discretion~~ discretion, make loans in Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Company from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit ~~Facility at such time~~Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such ~~Lender~~Xxxxxx’s Revolving Credit Commitment, ~~(y)~~ and provided, further, that the ~~Borrower~~ Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Company may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender may, in its sole discretion, in reliance upon the agreements of the other Revolving Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrowers from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at DB1/ 97390493.6 any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of ~~Revolving Credit~~ Committed Loans and L/C Obligations of the Revolving Lender acting as Swing Line Lender, may exceed the amount of such Revolving Lender’s Revolving ~~Credit~~ Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving ~~Credit~~ Outstandings shall not exceed the Revolving ~~Credit Facility at such time~~Loan Cap, and (ii) the ~~Revolving Credit Exposure~~ aggregate Outstanding Amount of the Committed Loans of any Revolving ~~Credit~~ Lender at such time, plus such Revolving Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations at such time, plus such Revolving Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Revolving Lender’s Revolving ~~Credit~~ Commitment, ~~(y)~~ and provided, further, that the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and ~~(z)~~ provided further that the Swing Line Lender shall not be ~~under any obligation~~ obligated to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at ~~a rate based on~~ the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving ~~Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage ~~times~~ multiplied by the amount of such Swing Line Loan. The Swing Line Lender shall have all of the benefits and immunities (A) provided to the Agent in Article IX with respect to any acts taken or omissions suffered by the Swing Line Lender in connection with Swing Line Loans made by it or proposed to be made by it as if the term “Agent” as used in Article IX included the Swing Line Lender with respect to such acts or omissions, and (B) as additionally provided herein with respect to the Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Destination Xl Group, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall; make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of ~~Revolving Credit~~ Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Sonus Networks Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Akumin Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) in Dollars to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit ~~Facility at such time~~Facility, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.. CHL:83643.8

Appears in 1 contract

Samples: Credit Agreement (Heartland Payment Systems Inc)

The Swing Line. Subject to the terms and conditions set forth -------------- herein, the Swing Line ~~Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion~~ Lender agrees to make loans (each such loan, a “"Swing ----- Line Loan”") to the Borrower from time to time on any Business Day during the ~~Availability Period~~ --------- period from the Closing Date to the Maturity 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 ~~Applicable Revolving Credit Percentage of the~~ Outstanding Amount of ~~Revolving Credit~~ Committed Loans ~~and L/C Obligations~~ of the ~~Lender acting as~~ Swing Line ~~Lender~~Lender in its capacity as a Lender of Committed Loans, may exceed the amount of such Lender~~’s Revolving Credit~~ 's Commitment; provided, however, that after giving effect to any Swing Line Loan, -------- ------- (i) the ~~Total Revolving~~ aggregate Outstanding Amount of all Credit ~~Outstandings~~ Extensions shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) any Lender's Pro Rata Share (in the ~~Revolving Credit Exposure~~ case of ~~any Revolving Credit~~ the Swing Line Lender, in its capacity as a Lender of Committed Loans) of such Swing Line Loan shall not exceed such Lender~~’s Revolving Credit~~ 's Unused Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section ~~2.04~~2.05, prepay under Section ~~2.05~~2.06, and ------------ ------------ reborrow under this Section ~~2.04~~2.05; provided, however, that the Swing Line Lender ---------- -------- ------- may terminate or suspend its Commitment to make Swing Line Loans at any time in its sole discretion upon notice to the Borrower; and provided, further that the -------- ------- Borrower shall not borrow a Swing Line Loan for the purpose of repaying or prepaying an outstanding Swing Line Loan. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan and be denominated in Dollars. Immediately upon the making of a Swing Line Loan, each ~~Revolving Credit~~ Lender shall automatically, and without the requirement of notice to or action by any Person, be deemed ~~to, and hereby irrevocably and unconditionally agrees to, purchase~~ to have purchased from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender~~’s Applicable Revolving Credit Percentage~~ 's Pro Rata Share times the amount of such Swing Line ----- Loan.

Appears in 1 contract

Samples: Credit Agreement (Danaher Corp /De/)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans in Dollars to the U.S. Borrower (each such loan, a “Swing Line Loan”) ~~to the Borrower~~ from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the U.S. Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it is has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the U.S. Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Life Technologies Corp)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may~~ may, in its sole ~~discretion~~ discretion, make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that after giving effect to any Swing Line Loan, (ix)(i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility~~ Maximum Borrowing Amount at the time of such ~~time~~Swing Line Loan, and (ii) the Revolving Credit Exposure of ~~any~~ such Revolving Credit Lender shall not exceed such Revolving Credit Lender’s ~~Revolving Credit~~ Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. 140812225 v1 Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Biomarin Pharmaceutical Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may ~~in its sole discretion~~ make loans (each such loan, a “Swing Line Loan”) to ~~the~~ a Borrower in Dollars from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, ~~that~~ that, (x) after giving effect to any Swing Line Loan, (i) the ~~Total~~ Revolving Facility Credit ~~Outstandings~~ Exposure shall not exceed the ~~Revolving Credit Facility~~ lesser of the Maximum CreditRevolving Loan Limit and the Borrowing Base at such time, and (ii) the Revolving Facility Credit Exposure of any ~~Revolving Credit~~ Lender (including the Swing Line Lender) shall not exceed such Lender’s Revolving ~~Credit~~ Facility Commitment, (y) the applicable Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) the Swing Line Lender ~~shall~~ may choose not ~~be under any obligation~~ to make any Swing Line Loan if it ~~shall determine (which determination shall be conclusive and binding absent manifest error) that it~~ has, or by making of such ~~Credit Extension~~ Swing Line Loan may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, ~~the~~ each Borrower may borrow under this Section 2.04, prepay under Section ~~2.05~~2.11, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at ~~a rate based on~~ the Base ~~Rate~~Rate plus the Applicable Margin for Base Rate Loans. Immediately upon the making of a Swing Line Loan, each Revolving ~~Credit~~ Facility 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s ~~Applicable~~ Revolving ~~Credit~~ Facility Percentage ~~times~~ multiplied by the principal amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Constellium Se)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion~~ Lender agrees to make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day ~~during~~ (other than the ~~Availability Period~~ Closing Date) from the Closing Date and until the Business Day preceding the Term Loan Commitment Termination Date or, if applicable, any New Loan Commitment 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~~provided that, when aggregated with the Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan~~Loan and provided further that (i) no Swing Line Loans shall be made if after the making of such Loan the Total Outstandings hereunder would exceed (A) $1,000,000,000 less (B) the amount of Term Loan Commitments that have terminated or expired, plus (C) the aggregate amount of any New Loans and New Loan Commitments and (zii) ~~the Swing Line Lender shall not be under any obligation to make any~~ no Swing Line Loan ~~if it shall determine (which determination~~ shall be ~~conclusive~~ made in an amount exceeding the outstanding and ~~binding absent manifest error) that it has, or by~~ unfunded Commitments hereunder at such ~~Credit Extension may have, Fronting Exposure~~time. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section ~~2.04~~2.03, prepay under Section ~~2.05,~~ 2.04 and ~~reborrow~~ re-borrow under this Section ~~2.04~~2.03. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line ~~Loan~~Loan by the Swing Line Lender, each ~~Revolving Credit~~ other Lender under a Facility required to buy participations in such Swing Line Loan pursuant to Section 2.03(d)(v) shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s ~~Applicable Revolving Credit Percentage~~ Pro Rata Share times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Wynn Resorts LTD)

The Swing Line. Subject to the terms and conditions set forth herein, ~~the~~ Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04~~2.05, ~~may in its sole discretion~~ agrees to make loans (each such loan, a “Swing Line Loan”) to ~~the~~ Borrower from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of ~~Revolving Credit~~ Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (y) ~~the~~ Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) ~~the~~ Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, ~~the~~ Borrower may borrow under this Section ~~2.04~~2.05, prepay under Section ~~2.05~~2.06, and reborrow under this Section ~~2.04~~2.05. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (NVR Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may ~~in its sole discretion~~ make loans (each such loan, a “Swing Line Loan”) to the Borrower or the Designated Borrower from time to time on any Business Day during the 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 ~~Applicable~~ Revolving ~~Credit~~ Facility Percentage of the Outstanding Amount of Revolving ~~Credit~~ Facility Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving ~~Credit~~ Facility Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the ~~Total~~ Revolving Facility Credit ~~Outstandings~~ Exposure shall not exceed the total Revolving ~~Credit~~ Facility ~~at such time,~~ Commitment and (ii) the Revolving ~~Credit~~ Facility Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s Revolving ~~Credit~~ Facility Commitment, (y) neither the Borrower nor the Designated Borrower shall ~~not~~ use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it ~~shall determine (which determination shall be conclusive and binding absent manifest error) that it~~ has, or by making of such ~~Credit Extension~~ Swing Line Loan may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower and the Designated Borrower may borrow under this Section 2.04, prepay under Section ~~2.05~~2.11, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, each Revolving ~~Credit~~ Facility 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s ~~Applicable~~ Revolving ~~Credit~~ Facility Percentage ~~times~~ multiplied by the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Rayonier Advanced Materials Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, ~~may in~~ may, it its sole ~~discretion make~~ and absolute discretion, elect to advance a requested Revolving Credit Loan under Section 2.01(a) by making loans (each such loan, a “Swing Line Loan”) to ~~the~~ any Domestic Borrower from time to time on any Business Day during the Revolving Availability ~~Period in an~~ Period; provided that, after giving effect to any Swing Line Loan made on any particular date, the aggregate amount of all Swing Line Loans outstanding on such date shall not to exceed ~~at any time outstanding~~ the amount of the Swing Line ~~Sublimit~~Sublimit on such date, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such ~~Lender’s~~ Revolving Credit ~~Commitment; provided, however, that~~ Lender's Revolving Credit Commitment so long as (x) after giving effect to any Swing Line Loan, (iA) ~~the~~ Overall Excess Availability would be greater than $0, (B) Total Revolving Credit Outstandings ~~shall~~ would not exceed the Revolving Credit ~~Facility at such time~~Facility, and (iiC) except as noted above with respect to the Swing Line Lender, no Revolving Credit Lender's Revolving Credit Exposure ~~of any~~ shall exceed its Revolving Credit ~~Lender shall not exceed such Lender’s Revolving Credit Commitment,~~ Commitment and (y) ~~the~~ no Domestic Borrower shall ~~not~~ use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Domestic Borrowers may ~~borrow under this Section 2.04~~borrow, prepay ~~under Section 2.05,~~ and reborrow under this Section 2.04~~. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate~~. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s 's Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (American Apparel, Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to ~~the Borrower~~ one or more Borrowers from time to time on any Business Day during the 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 ~~Applicable~~ Revolving ~~Credit~~ Facility Percentage of the Outstanding Amount of Revolving ~~Credit~~ Facility Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such ~~Lender~~Xxxxxx’s Revolving ~~Credit~~ Facility Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the ~~Total~~ Revolving Facility Credit ~~Outstandings~~ Exposure shall not exceed the lesser of (I) Revolving ~~Credit~~ Facility ~~at such time,~~ Commitments and (II) the Borrowing Base (ii) the Revolving Facility Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s Revolving ~~Credit~~ Facility Commitment, (y) the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it is has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, each Revolving ~~Credit~~ Facility 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 Loan in an amount equal to the product of such Revolving ~~Credit~~ Facility Lender’s ~~Applicable~~ applicable Revolving ~~Credit~~ Facility Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender may, but shall not be obligated to, make loans in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04, may~~ 2.04 in ~~its sole discretion make loans~~ Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrowers from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and ~~L/C~~ Letter of Credit Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Maximum Borrowing Amount, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, ~~(y)~~ and provided, further, that the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, . Within the foregoing limits and ~~(z)~~ subject to the discretion of the Swing Line Lender ~~shall not be under any obligation~~ to make ~~any~~ Swing Line ~~Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits~~Loans, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section ~~2.05~~2.06(a)(ii), and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be (i) in the case of Swing Line Loans denominated in Dollars, a ~~rate based on~~ Base Rate Loan and (ii) in the ~~Base Rate~~case of Swing Line Loans denominated in Canadian Dollars, a Canadian Prime Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Ferroglobe PLC)

The Swing Line. Subject to the terms and conditions set forth herein, ~~the~~ Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to ~~the~~ Borrower from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of ~~Revolving Credit~~ Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (y) ~~the~~ Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) ~~the~~ Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, ~~the~~ Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Azz Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Global Revolving Credit Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrowers from time to time on any Business Day during the 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 Applicable Global Revolving Credit Percentage of the Outstanding Amount of Global Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Global Revolving Credit Commitment; provided, however, ~~that~~ (x) after giving effect to any Swing Line Loan, ~~(i) the Total Revolving Credit Outstandings shall not exceed~~ each of the Revolving Credit ~~Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender~~ Extension Requirements shall ~~not exceed such Lender’s Revolving Credit Commitment~~be satisfied, (y) the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swing Line Loan, each Global 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 Loan in an amount equal to the product of such Global Revolving Credit Lender’s Applicable Global Revolving Credit Percentage (determined without regard to any separate Class or Classes of Revolving Credit Commitments of such Lender) times the amount of such Swing Line Loan. All Swing Line Loans shall be issued under the Global Revolving Credit Commitments and no Domestic Revolving Credit Lender shall have any obligation or be deemed to participate in any Swing Line Loan on account of its Domestic Revolving Credit Commitments.

Appears in 1 contract

Samples: Credit Agreement (Alexion Pharmaceuticals Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans in Dollars (each such loan, a “"Swing Line Loan”") to the Borrower from time to time on any Business Day during the Availability Period with respect to the Revolving Credit Facility 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s 's Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit ~~Facility at such time~~Commitments, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s 's Revolving Credit Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if ~~it shall determine (which determination shall be conclusive and binding absent manifest error) that~~ it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s 's Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Pledge Agreement (Cabot Microelectronics Corp)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion~~ Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”~~) to the Borrower~~ ), from time to time on any Business Day during the ~~Availability Period~~ period beginning on the Business Day after the Closing Date until the date which is one (1) Business Day prior to the Maturity Date of the Revolving Credit Commitments (taking into account the Maturity Date of any Revolving Credit Commitment that will automatically come into effect on such Maturity Date) in CHAR1\1970297v6 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 ~~Applicable Revolving Credit Percentage~~ Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of ~~such~~ the Swing Line Lender’s Revolving Credit Commitment; ~~provided~~provided that, ~~however, that~~ after giving effect to any Swing Line ~~Loan,~~ Loan (i) the ~~Total~~ Revolving Credit ~~Outstandings~~ Exposure under such Revolving Credit Commitments shall not exceed the aggregate Revolving Credit ~~Facility at such time~~Commitments, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment; provided, ~~(y)~~ further, that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit Lender’s Applicable Revolving Credit Percentage~~ Lendxx’x Xro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Portillo's Inc.)

The Swing Line. (i) The Administrative Agent shall notify the Swing Line Lender upon the Administrative Agent’s receipt of any Notice of Borrower for a borrowing of the Revolving Loans. Subject to the terms and conditions ~~set forth herein~~hereof, the Swing Line ~~Lender~~Lender shall make available from time to time during period from the Effective Date to the Final Maturity Date, ~~in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make~~ loans (~~each such loan~~each, a “Swing Line Loan”) to the Borrower ~~from time~~ in accordance with any such notice. The provisions of this Section 2.02(e) shall not relieve the Revolving Loan Lenders of their obligations to ~~time on~~ make Revolving Loans under Section 2.02; provided that if the Swing Line Lender makes a Swing Line Loan pursuant to any ~~Business Day during~~ such notice, such Swing Line Loan shall be in lieu of any Revolving Loan that otherwise may be made by the ~~Availability Period in an~~ Revolving Loan Lenders pursuant to such notice. The aggregate principal amount of Swing Line Loans outstanding shall not to exceed at any time ~~outstanding the amount of~~ the Swing Line Sublimit, ~~notwithstanding~~ and the ~~fact that such~~ sum of the aggregate principal amount of Revolving Loans and Swing Line ~~Loans~~Loans outstanding, ~~when aggregated with~~ plus the ~~Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and~~ L/C ~~Obligations of the Lender acting as Swing Line Lender~~Obligations, ~~may~~ shall not exceed the ~~amount~~ lesser of ~~such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan,~~ (iA) the Total Revolving Credit ~~Outstandings shall not exceed the Revolving Credit Facility at such time,~~ Commitment and (iiB) the ~~Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y)~~ then extant Loan Limiter. During the ~~Borrower shall not use~~ period from the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject Effective Date to the ~~other terms and conditions hereof~~Final Maturity Date, the Borrower may ~~borrow~~ from time to time borrow, repay and reborrow Swing Line Loans under this Section ~~2.04, prepay under Section 2.05, and reborrow under this Section 2.04~~2.02(e). Each Swing Line Loan shall ~~bear interest only~~ be made pursuant to a Notice of Borrowing delivered by the Borrower to the Administrative Agent in accordance with Section 2.02(a). Unless the Swing Line Lender has received at ~~a rate based on the Base Rate. Immediately upon the making of~~ least one Business Day’s prior written notice from Required Lenders instructing it not to make a Swing Line Loan, ~~each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from~~ the Swing Line Lender shall, notwithstanding the failure of any condition precedent set forth in Section 5.02, be entitled to fund that Swing Line Loan, and to have each Revolving Loan Lender make a ~~risk participation~~ Revolving Loan in ~~such~~ accordance with Section 2.02(e)(iii) or purchase participating interests in accordance with Section 2.02(e)(iv). Notwithstanding any other provision of this Agreement or the other Loan Documents, each Swing Line Loan ~~in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line~~ shall constitute a Reference Rate Loan.

Appears in 1 contract

Samples: Financing Agreement (Spheris Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, ~~the~~ Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04~~2.3, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to ~~the~~ any Borrower from time to time on any Business Day during the ~~Availability Period~~ period from the Closing Date to the Maturity 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that (i) immediately after giving effect to any Swing Line Loan, (iA) the ~~Total~~ Revolving Credit ~~Outstandings~~ Exposure of all Lenders shall not exceed the ~~Revolving Credit Facility~~ Line Cap in effect at such time, and (iiB) except as provided above with respect to the Swing Line Lender, the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (yii) ~~the~~ no Borrower shall ~~not~~ use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (ziii) ~~the~~ Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be ~~conclusive and binding absent manifest error~~in its sole discretion) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, ~~the~~ each Borrower may borrow under this Section ~~2.04~~2.3, prepay under Section ~~2.05~~2.9(b), and reborrow under this Section ~~2.04~~2.3. Each Swing Line Loan shall bear interest ~~only at~~ as a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Natural Gas Services Group Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender may, but shall not be obligated to, make loans in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04, may~~ 2.04 in ~~its sole discretion make loans~~ Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrowers from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and ~~L/C~~ Letter of Credit Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Maximum Borrowing Amount, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, ~~(y)~~ and provided, further, that the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, . Within the foregoing limits and ~~(z)~~ subject to the discretion of the Swing Line Lender ~~shall not be under any obligation~~ to make ~~any~~ Swing Line ~~Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits~~Loans, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section ~~2.05~~2.06(a)(ii), and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Intrepid Potash, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ shall make loans in Dollars (each such loan, a “Swing Line Loan”) to the Company or the applicable Designated Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit ~~Facility at such time~~Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) ~~the~~ no Borrower shall ~~not~~ use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be ~~conclusive and binding~~ presumed correct absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company and each Designated Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Clarcor Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, may in its sole ~~discretion~~ discretion, make loans (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Company, in Dollars, from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such ~~Lender~~Xxxxxx’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit ~~Facility at such time~~Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such ~~Lender~~Xxxxxx’s Revolving Credit Commitment, ~~(y)~~ and provided, further, that the ~~Borrower~~ Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Company may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Ceco Environmental Corp)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04~~2.12, ~~may in its sole discretion~~ to make loans (each such loan, a “Swing Line Loan”) to ~~the~~ Borrower from time to time on any Business Day ~~during~~ prior to the ~~Availability Period~~ Maturity 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 ~~Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans~~ Principal Debt and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the ~~Total Revolving Credit Outstandings~~ Commitment Usage shall not exceed the ~~Revolving Credit Facility at such time~~Total Commitment, and (ii) the ~~Revolving Credit Exposure~~ aggregate Principal Debt of any ~~Revolving~~ Lender, plus such Lender’s Commitment Percentage of the Letter of Credit ~~Lender~~ Exposure, plus such Lender’s Commitment Percentage of the Principal Debt of all Swing Line Loans shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, ~~(y) the~~ and provided, further, that Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, ~~the~~ Borrower may borrow under this Section ~~2.04~~2.12, prepay under Section ~~2.05~~2.5(b), and reborrow under this Section ~~2.04~~2.12. Each Swing Line Loan shall bear interest ~~only~~ at ~~a rate based on~~ the ~~Base~~ Floating Eurodollar Rate. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s ~~Applicable Revolving Credit~~ Commitment Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Trammell Crow Co)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans in Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Company from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit ~~Facility~~ Commitment at such time, and (ii) the aggregate Outstanding Amount of the Revolving Credit ~~Exposure~~ Loans of any Revolving Credit Lender at such time, plus such Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment, and provided, further, that (y) the ~~Borrower~~ Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Company may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall be a Base Rate Loan or shall bear such other rate of interest ~~only at a rate based on the Base Rate~~specified in Section 2.08(a)(iii). Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Flextronics International Ltd.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, may in its sole ~~discretion~~ discretion, make loans in Dollars (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Company from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Revolving Credit Lender acting as Swing Line Lender, may exceed the amount of such Revolving Credit Lender’s ~~Revolving Credit~~ Commitment; provided, however, that after giving effect to any Swing Line Loan, (ix)(i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment, (y) the ~~Borrower~~ Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Company may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (GENTHERM Inc)

The Swing Line. Subject to the terms and conditions set forth ~~herein, the Swing Line Lender,~~ herein and in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ each Swing Line Lender shall make loans (each such loan, a “Swing Line Loan”) to the Borrower in Dollars from time to time on any Business Day during the 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 ~~Applicable~~ Pro Rata Share (with respect to the Revolving Credit ~~Percentage~~ Facility) of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the applicable Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit ~~Facility at such time~~Facility, ~~and~~ (ii) the aggregate Outstanding Amount of the Revolving Credit ~~Exposure~~ Loans of any ~~Revolving Credit Lender~~ Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such ~~Lender~~Xxxxxx’s Revolving Credit ~~Commitment~~Commitment and (iii) the aggregate Outstanding Amount of the Swing Line Loans shall not exceed the Swing Line Sublimit, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) ~~the~~ no Swing Line Lender shall ~~not~~ be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the applicable Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such Xxxxxx’s Pro Rata Share of the Revolving Credit ~~Lender’s Applicable Revolving Credit Percentage~~ Facility times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (AdvanSix Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans in Dollars (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (w) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time,~~ Aggregate Commitments and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (yx) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, ~~and~~ (zy) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting ~~Exposure~~Exposure and (z) the obligation of the Swing Line Lender to make any Swing Line Loan shall be at its sole discretion if, after giving effect to such Swing Line Loan, the Outstanding Amount of all Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, would exceed the amount of such Xxxxxx’s Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Cisco Systems, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of ~~Revolving Credit~~ Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest ~~only~~ at ~~a rate based on~~ the IBOR Rate for interest periods of one day plus the Applicable Rate for Eurodollar Rate Loans, or at the Borrower’s election, at the Base ~~Rate~~Rate plus the Applicable Rate for Base Rate Loans, or with the prior written consent of the Swing Line Lender, any other agreed index rate plus the Applicable Rate for Eurodollar Rate Loans. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (McClatchy Co)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Company from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of Revolving Credit Loans and L/C — BA Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, (y) the ~~Borrower~~ Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line ~~Loan,~~ Loan and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Company may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Power One Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, ~~may in its sole discretion~~ to make loans in Dollars (each such loan, a “"Swing Line Loan”") to the Borrower from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that (w) after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time,~~ Aggregate Commitments and (ii) the Revolving Credit Exposure of any ~~Revolving Credit~~ Lender shall not exceed such Lender~~’s Revolving Credit~~ 's Commitment, (yx) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, ~~and~~ (zy) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting ~~Exposure~~Exposure and (z) the obligation of the Swing Line Lender to make any Swing Line Loan shall be at its sole discretion if, after giving effect to such Swing Line Loan, the Outstanding Amount of all Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Committed Loans and L/C Obligations of the Lender acting as Swing Line Lender, would exceed the amount of such Lender’s Commitment. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s 's Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Cisco Systems, Inc.)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line ~~Lender~~Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section ~~2.04~~2.03, ~~may in its sole discretion~~ to make loans (each such loan, a “Swing Line Loan”) to the Borrower from time to time on any Business Day during the 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 Applicable ~~Revolving Credit~~ Percentage of the Outstanding Amount of ~~Revolving Credit~~ Committed Loans ~~and L/C Obligations~~ of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s ~~Revolving Credit~~ Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total ~~Revolving Credit~~ Outstandings shall not exceed the ~~Revolving Credit Facility at such time~~Aggregate Commitments, and (ii) the ~~Revolving Credit Exposure~~ aggregate Outstanding Amount of the Committed Loans of any ~~Revolving Credit Lender~~ Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s ~~Revolving Credit~~ Commitment, ~~(y)~~ and provided, further, that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section ~~2.04~~2.03, prepay under Section ~~2.05~~2.04, and reborrow under this Section ~~2.04~~2.03. Each Swing Line Loan shall ~~bear interest only at~~ be a ~~rate based on the~~ Base ~~Rate~~Rate Loan. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such ~~Revolving Credit~~ Lender’s Applicable ~~Revolving Credit~~ Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Triad Guaranty Inc)

The Swing Line. Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to the ~~Borrower~~ Borrowers from time to time on any Business Day during the 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 Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time, and (ii) the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Lender’s Revolving Credit Commitment, (y) the ~~Borrower~~ Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the ~~Borrower~~ Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall bear interest only at a rate based on the Base ~~Rate~~Rate plus the Applicable Rate for the Revolving Credit Facility. Immediately upon the making of a Swing Line Loan, 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 Loan in an amount equal to the product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Ichor Holdings, Ltd.)

Common use of The Swing Line Clause in Contracts