The Swingline Loans. (i) The Swingline Lender agrees, on the terms and conditions hereinafter set forth, to make Swingline Loans to the Borrower on any Business Day during the period from the Closing Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the Swingline Amount; provided, however, (x) each Swingline Loan shall be made and maintained as a Base Rate Loan and (y) that after giving effect to any Swingline Borrowing, the aggregate principal amount of all outstanding Swingline Loans, together with the aggregate principal amount of all outstanding Revolving Loans plus the aggregate amount of all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), shall not exceed the Aggregate Revolving Commitment. Within such limits, and subject to the other terms and conditions hereof, the Borrower may borrow Swingline Loans under this Section 2.01(d), prepay pursuant to Section 2.06 or 2.07(a) and reborrow pursuant to this Section 2.01(d). Notwithstanding the foregoing, the Swingline Lender shall not be obligated to make any Swingline Loans at a time when a Lender Default exists unless the Swingline Lender has entered into arrangements satisfactory to it and the Borrower to eliminate the Swingline Lender's risk with respect to the Defaulting Lender's or Lenders' participation in such Swingline Loans, including by Cash Collateralizing such Defaulting Lender's or Lenders' Revolving Commitment Percentage of the outstanding Swingline Loans.
(ii) The Swingline Lender shall not be responsible for or liable to any Lender for determining whether (A) any representation or warranty of the Borrower in connection with any request for a Swingline Loan is correct or (B) any Default or Event of Default exists or would result from the making of any such Swingline Loan; provided, however, that the Swingline Lender shall not make any Swingline Loan after receiving a written notice from the Borrower or the Required Lenders stating that a Default or an Event of Default exists and is continuing until such time as the Swingline Lender shall have received written notice from the Administrative Agent that such Default or Event of Default has been cured or waived.
(iii) Each Swingline Loan shall reduce the available Aggregate Revolving Commitment. For purposes of Section 2.10(a), each Swingl...
The Swingline Loans. The Borrower shall repay to the Swingline Lender in full on the Revolving Termination Date the aggregate principal amount of the Swingline Loans outstanding on such date.
The Swingline Loans. Each Swingline Loan shall mature, and the principal amount thereof shall be due and payable, and the Borrowers shall repay such Swingline Loan (i) if such Swingline Loan is a Base Rate Loan, on the date which is 30 days after the relevant Borrowing Date, (ii) if such Swingline Loan is an IBOR Loan, on the last day of the Interest Period therefor, (iii) if such Swingline Loan is a Negotiated Rate Loan, on the last day of the interest period determined by the Borrowers and the Swingline Bank applicable thereto and (iv) in any event, on the Termination Date.
The Swingline Loans. (a) The Company may from time to time on any Business Day prior to the Termination Date request the Swingline Bank to consider making Swingline Loans in Dollars to the Company. Any such request (which may be oral and shall be confirmed in writing on or prior to the Business Day next following the date of such request) must be delivered to the Swingline Bank, with a copy to the Administrative Agent, on or before 12:00 noon, New York City time, on the requested Drawdown Date. Such request shall specify (i) the amount to be borrowed, which shall be in an aggregate minimum principal amount of $100,000 or an integral multiple thereof, (ii) the requested Drawdown Date, and (iii) the amount of Swingline Loans outstanding, both before and after giving effect to such Swingline Borrowing. The Swingline Bank shall review each request made to it for a Swingline Loan on a case-by-case basis. Any decision to make a Swingline Loan shall be in the sole and absolute discretion of the Swingline Bank, and if the Swingline Bank determines to make a Swingline Loan, such Swingline Loan shall bear interest at the Base Rate or such other interest rate, if any, as may be agreed upon by the Company and the Swingline Bank. This Agreement does not constitute a commitment, and the Swingline Bank shall not have any obligation, to make any Swingline Loan.
(b) The aggregate principal amount of Swingline Loans at any one time outstanding may not exceed the lesser of (i) the Swingline Amount and (ii) the difference between the Aggregate Domestic Facility Commitment and the sum of the aggregate principal amount of outstanding Revolving Loans and Bid Loans.
(c) If after receiving a request from the Company, the Swingline Bank elects to make a Swingline Loan available to the Company, it shall promptly notify the Company and by not later than 1:00 p.m., New York City time, on the specified Drawdown Date therefor make available to the Company the amount of such Loan by wire transfer of immediately available funds to such account as the Company shall have notified to it. Immediately after making any Swingline Loan, the Swingline Bank shall notify the Administrative Agent of the principal amount thereof. The Swingline Bank shall not make a Swingline Loan if it has actual knowledge, or has received a notice from the Administrative Agent, that an Event of Default has occurred and is continuing.
(d) Upon the request of the Swingline Bank, the Administrative Agent shall promptly advise the Swingline ...
The Swingline Loans. Each Swingline Loan shall mature, and the ------------------- Company hereby promises to pay the principal amount thereof, on the Termination Date.
The Swingline Loans. Subject to the terms and conditions set forth in this Agreement and relying upon the representations and warranties herein set forth, the Swingline Lender may in its discretion make Swingline Loans to the Borrower from time to time on or after the date hereof and to but not including the Maturity Date. Whenever the Borrower desires that the Swingline Lender make Swingline Loans, the Borrower shall provide notice to the Swingline Lender in the form and manner prescribed from time to time by the Swingline Lender. The Swingline Lender shall not make any Swingline Loans to the extent that the aggregate principal amount of the Swingline Loans at any time outstanding would exceed $10,000,000 or would cause the aggregate amount of all outstanding Revolving Loans, Swingline Loans and Letters of Credit Outstanding to exceed the Revolving Loan Maximum Aggregate Principal Amount ("Swingline Loan Limit"). The obligation of the Borrower to repay the unpaid principal amount of the Swingline Loans made to it by the Swingline Lender and to pay interest thereon shall be evidenced by the Swingline Loan Note of the Borrower to the Swingline Lender.
The Swingline Loans. (a) Subject to the terms and conditions of this Agreement, the Swingline Bank agrees to make Swingline Loans (the "Swingline Loans") to Cannondale from time to time from and including the date hereof to and including the Banking Day next preceding the Termination Date, in an aggregate principal amount at any one time outstanding up to but not exceeding the Swingline Facility Amount; provided that the Outstandings Amount shall not at any time exceed the aggregate amount of the Revolving Credit Commitments of the Banks. Each Loan under this Section 2.4 shall be made by the Swingline Bank. The Swingline Loans shall be at the Swingline Rate, shall have a term of no more than 30 days and shall be denominated only in Dollars. Subject to the terms hereof, Cannondale may borrow, repay or prepay and reborrow Swingline Loans hereunder prior to the Termination Date.
The Swingline Loans. (a) Subject to the terms and conditions of this Agreement, the Swingline Lender agrees to make Swingline Loans to the Company and its Eligible Subsidiaries (as specified in the Borrowing Request with respect thereto) from time to time from and including the date hereof to and including the Banking Day next preceding the Termination Date, in an aggregate principal amount at any one time outstanding up to but not exceeding the Swingline Commitment, PROVIDED that the Swingline Loans outstanding PLUS the Revolving Loans PLUS the Letters of Credit Usage of the Swingline Lender shall not at any time exceed the Commitment of the Agent, and PROVIDED further that the aggregate amount of Revolving Loans outstanding PLUS the Letters of Credit Usage PLUS Swingline Loans shall not at any time exceed the aggregate Commitments of the Banks. Each Borrowing under this Section 2.2 shall be made by the Agent. The Swingline Loans may be outstanding as Variable Rate Loans or Eurocurrency Loans (each a "type" of Loan). Eurocurrency Loans may be denominated in Dollars or in one or more Alternative Currencies, and all Variable Rate Loans shall be denominated only in Dollars. Subject to the terms hereof, the Borrowers may borrow, repay or prepay and reborrow Swingline Loans hereunder prior to the Termination Date.
The Swingline Loans. Subject to the terms and conditions hereinafter set forth, each Swingline Lender may make Swingline Loans in Dollars (but is not obligated to make any such Swingline Loans) to the Borrower from time to time from the Closing Date through, but not including, the Revolving Credit Loan A Maturity Date, in an aggregate principal amount at any time outstanding that will not result in (a) the aggregate principal amount of all outstanding Swingline Loans exceeding the Swingline Sublimit or (b) the Dollar Equivalent of the Total Facility A Usage exceeding the Total Revolver A Commitment at such time. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans.
The Swingline Loans. Subject to the terms and conditions of this Agreement, including, without limitation, Section 2.2(g), the Swingline Lender, in its sole and absolute discretion, may from time to time on any Business Day after the Closing Date but prior to the Revolving Commitment Termination Date, make Swingline Loans to the Borrower in an aggregate amount not to exceed the lesser of (i) the Swingline Commitment as of such Business Day and (ii) the difference between the Aggregate Revolving Commitments and the Revolving Credit Exposures on such date. Each Swingline Loan shall be due and payable on the maturity thereof as notified to the Borrower by the Swingline Lender; provided that in no event shall such maturity be later than the seventh Business Day succeeding the date the Swingline Loan is made regardless of whether the Swingline Lender has notified the Borrower of such maturity thereof.
