Common use of The U.S. Swing Line Clause in Contracts

The U.S. Swing Line. Subject to the terms and conditions set forth herein, Citibank, N.A. in its capacity as U.S. Swing Line Lender agrees to make loans in U.S. Dollars to the U.S. Borrower so long as such Borrower has an account at such Swing Line Lender (each such loan, a “U.S. Swing Line Loan”) from time to time on any Business Day (other than the Original Closing Date) until the Maturity Date in an aggregate amount taken together with European Swing Line Loans, not to exceed at any time the amount of the Swing Line Sublimit, notwithstanding the fact that such U.S. Swing Line Loans, when aggregated with the Pro Rata Share of the Outstanding Amount of Primary Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of the U.S. Swing Line Lender’s Primary Revolving Credit Commitment; provided that, after giving effect to any U.S. Swing Line Loan, (i) the Revolving Credit Exposure shall not exceed the aggregate Primary Revolving Credit Commitment and (ii) the aggregate Outstanding Amount of the Primary Revolving Credit Loans of any Lender (other than the U.S. 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 Primary Revolving Credit Commitment then in effect; provided further that no Borrower shall use the proceeds of any U.S. Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the U.S. Borrower may borrow under this Section 2.04(a), prepay under Section 2.05, and reborrow under this Section 2.04(a). Each U.S. Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a U.S. Swing Line Loan, each Primary Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the U.S. Swing Line Lender a risk participation in such U.S. Swing Line Loan in an amount equal to the product of such Lender’s Pro Rata Share multiplied by the amount of such U.S. Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Lyondell Chemical Co)

AutoNDA by SimpleDocs

The U.S. Swing Line. Subject to the terms and conditions set forth herein, Citibank, N.A. in its capacity as U.S. the US Swing Line Lender agrees to make loans in U.S. Dollars to the U.S. Borrower so long as such Borrower has an account at such Swing Line Lender (each such loan, a “U.S. "US Swing Line Loan") to the US Borrower from time to time on any Business Day (other than during the Original Closing Date) until the Maturity Date Availability Period in an aggregate amount taken together with European Swing Line Loans, not to exceed at any time outstanding the amount of the US Swing Line Sublimit, DEVON CREDIT AGREEMENT notwithstanding the fact that such U.S. US Swing Line Loans, when aggregated with the Pro Rata Share of the Outstanding Amount of Primary Revolving Credit US Committed Loans and US L/C Obligations of the Lender acting as US Swing Line Lender, may exceed the amount of the U.S. Swing Line such Lender’s Primary Revolving Credit 's US Commitment; provided thatprovided, however, that after giving effect to any U.S. US Swing Line Loan, (i) the Revolving Credit Exposure Total US Outstandings shall not exceed the aggregate Primary Revolving Credit Commitment Aggregate US Commitments, and (ii) the aggregate Outstanding Amount of the Primary Revolving Credit US Committed Loans of any Lender (other than the U.S. Swing Line Lender), plus such Lender’s 's Pro Rata Share of the Outstanding Amount of all US L/C Obligations, plus such Lender’s 's Pro Rata Share of the Outstanding Amount of all US Swing Line Loans shall not exceed such Lender’s Primary Revolving Credit Commitment then in effect; provided further 's US Commitment, and provided, further, that no the US Borrower shall not use the proceeds of any U.S. US Swing Line Loan to refinance any outstanding US Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the U.S. US Borrower may borrow under this Section 2.04(a)2.05, prepay under Section 2.052.06, and reborrow under this Section 2.04(a)2.05. Each U.S. US Swing Line Loan shall be a US Base Rate Loan. Immediately upon the making of a U.S. US Swing Line Loan, each Primary Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the U.S. US Swing Line Lender a risk participation in such U.S. US Swing Line Loan in an amount equal to the product of such Lender’s 's Pro Rata Share multiplied by times the amount of such U.S. US Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Devon Energy Corp/De)

The U.S. Swing Line. Subject to the terms and conditions set forth herein, Citibank, N.A. in its capacity as the U.S. Swing Line Lender agrees to make loans in U.S. Dollars to the U.S. Borrower so long as such Borrower has an account at such Swing Line Lender (each such loan, a “U.S. Swing Line Loan”) to the Company from time to time on any Business Day (other than during the Original Closing Date) until the Maturity Date Availability Period in an aggregate amount taken together with European Swing Line Loans, not to exceed at any time outstanding the amount of the U.S. Swing Line Sublimit, notwithstanding the fact that such U.S. Swing Line Loans, when aggregated with the Pro Rata Share of the Outstanding Amount of Primary Revolving Credit Tranche 1 Loans and L/C Obligations of the Tranche 1 Lender acting as U.S. Swing Line Lender, may exceed the amount of the U.S. Swing Line such Tranche 1 Lender’s Primary Revolving Credit Tranche 1 Commitment; provided thatprovided, however, that after giving effect to any U.S. Swing Line Loan, (i) the Revolving Credit Exposure Total Tranche 1 Outstandings shall not exceed the aggregate Primary Revolving Credit Commitment Aggregate Tranche 1 Commitments, and (ii) the aggregate Outstanding Amount of the Primary Revolving Credit Tranche 1 Loans of any Lender (other than the U.S. Swing Line Tranche 1 Lender), plus such Tranche 1 Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Tranche 1 Lender’s Pro Rata Share of the Outstanding Amount of all U.S. Swing Line Loans shall not exceed such Tranche 1 Lender’s Primary Revolving Credit Commitment then in effect; provided further Tranche 1 Commitment, and provided, further, that no Borrower (i) the Company shall not use the proceeds of any U.S. Swing Line Loan to refinance any outstanding U.S. Swing Line Loan; (ii) the availability of the Aggregate Tranche 1 Commitments at any time for the making of any Tranche 1 Loans and the issuance of Letters of Credit shall be reduced by the amount of the Alternative Currency Reserve (if any); and (iii) in determining the availability of the Aggregate Tranche 1 Commitments hereunder with respect to any Escalating Credits issued or outstanding hereunder, the Aggregate Tranche 1 Commitments will be deemed to be utilized in respect of such Escalating Credits in the aggregate amount equal to the maximum aggregate amount available to be drawn under all such Escalating Credits (after giving effect to all increases). Within the foregoing limits, and subject to the other terms and conditions hereof, the U.S. Borrower Company may borrow under this Section 2.04(a)2.04, prepay under Section 2.052.06, and reborrow under this Section 2.04(a)2.04. Each U.S. Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a U.S. Swing Line Loan, each Primary Revolving Credit Tranche 1 Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the U.S. Swing Line Lender a risk participation in such U.S. Swing Line Loan in an amount equal to the product of such Tranche 1 Lender’s Pro Rata Share multiplied by times the amount of such U.S. Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Jacobs Engineering Group Inc /De/)

AutoNDA by SimpleDocs

The U.S. Swing Line. Subject to the terms and conditions set forth herein, Citibank, N.A. in its capacity as U.S. the US Swing Line Lender agrees to make loans in U.S. Dollars to the U.S. Borrower so long as such Borrower has an account at such Swing Line Lender (each such loan, a “U.S. US Swing Line Loan”) to the US Borrower from time to time on any Business Day (other than during the Original Closing Date) until the Maturity Date Availability Period in an aggregate amount taken together with European Swing Line Loans, not to exceed at any time outstanding the amount of the US Swing Line Sublimit, notwithstanding the fact that such U.S. US Swing Line Loans, when aggregated with the Pro Rata Share of the Outstanding Amount of Primary Revolving Credit US Committed Loans and US L/C Obligations of the Lender acting as US Swing Line Lender, may exceed the amount of the U.S. Swing Line such Lender’s Primary Revolving Credit US Commitment; provided thatprovided, however, that after giving effect to any U.S. US Swing Line Loan, (i) the Revolving Credit Exposure Total US Outstandings shall not exceed the aggregate Primary Revolving Credit Commitment Aggregate US Commitments, and (ii) the aggregate Outstanding Amount of the Primary Revolving Credit US Committed Loans of any Lender (other than the U.S. Swing Line Lender), plus such Lender’s Pro Rata Share of the Outstanding Amount of all US L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all US Swing Line Loans shall not exceed such Lender’s Primary Revolving Credit Commitment then in effect; provided further US Commitment, and provided, further, that no the US Borrower shall not use the proceeds of any U.S. US Swing Line Loan to refinance any outstanding US Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the U.S. US Borrower may borrow under this Section 2.04(a)2.05, prepay under Section 2.052.06, and reborrow under this Section 2.04(a)2.05. Each U.S. US Swing Line Loan shall be a US Base Rate Loan. Immediately upon the making of a U.S. US Swing Line Loan, each Primary Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the U.S. US Swing Line Lender a risk participation in such U.S. US Swing Line Loan in an amount equal to the product of such Lender’s Pro Rata Share multiplied by times the amount of such U.S. US Swing Line Loan.

Appears in 1 contract

Samples: Credit Agreement (Devon Energy Corp/De)

Time is Money Join Law Insider Premium to draft better contracts faster.