Common use of US Swing Line Facility Clause in Contracts

US Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of US Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date advances of any Index Rate Loan in Dollars (each, a "US Swing Line Advance") in accordance with any such notice. The provisions of this Section 1.1(d)(i) shall not relieve Revolving Lenders of their obligations to make US Revolving Credit Advances under Section 1.1(a)(i); provided that if the Swing Line Lender makes a US Swing Line Advance pursuant to any such notice, such US Swing Line Advance shall be in lieu of any US Revolving Credit Advance that otherwise may be made by Revolving Lenders pursuant to such notice. The aggregate amount of US Swing Line Advances outstanding shall not exceed at any time the lesser of (A) the US Swing Line Commitment and (B) the US Maximum Amount less the outstanding balance of the US Revolving Loan at such time ("US Swing Line Availability"). Until the Commitment Termination Date, US Borrower may from time to time borrow, repay and reborrow under this Section 1.1(d)(i). Each US Swing Line Advance shall be made pursuant to a Notice of US Revolving Credit Advance delivered to Agent by US Borrower in accordance with Section 1.1(a)(i). Any such notice must be given no later than 11:00 a.m. (New York time) on the Business Day of the proposed US Swing Line Advance. Unless the Swing Line Lender has received at least one Business Day's prior written notice from (x) prior to the earlier of (i) the Subordinated Bond Issuance, and (ii) a Successful Syndication, the Majority Lenders, and (y) at any time thereafter the Requisite Lenders or the US Requisite Revolving Lenders, instructing it not to make a US Swing Line Advance, the Swing Line Lender shall, notwithstanding the failure of any condition precedent set forth in

US Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's ’s receipt of any Notice of US Revolving Credit Advance. Subject to the terms and conditions hereof, the Swing Line Lender may, in its discretion, make available from time to time until the Commitment Termination Date advances of any Index Rate Loan in Dollars (each, including any such Swing Line Advances (as defined in the Existing Credit Agreement) outstanding pursuant to the terms of the Existing Credit Agreement, a "“US Swing Line Advance"”) in accordance with any such notice. The provisions of this Section 1.1(d)(i1.1(e)(i) shall not relieve US Revolving Lenders of their obligations to make US Revolving Credit Advances under Section 1.1(a)(i); provided that if the Swing Line Lender makes a US Swing Line Advance pursuant to any such notice, such US Swing Line Advance shall be in lieu of any US Revolving Credit Advance that otherwise may be made by US Revolving Lenders pursuant to such notice. The aggregate amount of US Swing Line Advances outstanding shall not exceed at any time the lesser of (A) the US Swing Line Commitment and (B) the US Maximum Amount less the outstanding balance of the US Revolving Loan at such time ("“US Swing Line Availability"”). Until the Commitment Termination Date, US Borrower may from time to time borrow, repay and reborrow under this Section 1.1(d)(i1.1(e)(i). Each US Swing Line Advance shall be made pursuant to a Notice of US Revolving Credit Advance delivered to Agent by US Borrower in accordance with Section 1.1(a)(i). Any such notice must be given no later than 11:00 a.m. (New York time) on the Business Day of the proposed US Swing Line Advance. Unless the Swing Line Lender has received at least one Business Day's ’s prior written notice from (x) prior to the earlier of (i) the Subordinated Bond Issuance, and (ii) a Successful Syndication, the Majority Lenders, and (y) at any time thereafter the Requisite Lenders or the US Requisite Revolving Lenders, instructing it not to make a US Swing Line Advance, the Swing Line Lender shall, notwithstanding the failure of any condition precedent set forth inin Section 2.2, be entitled to fund that US Swing Line Advance, and to have each US Revolving Lender make US Revolving Credit Advances in accordance with Section 1.1(e)(iii) or purchase participating interests in accordance with Section 1.1(e)(iv). Notwithstanding any other provision of this Agreement or the other Loan Documents, the US Swing Line Loan shall constitute an Index Rate Loan. US Borrower shall repay the aggregate outstanding principal amount of the US Swing Line Loan upon demand therefore by Agent.

US Swing Line Facility. (i) Agent shall notify the Swing Line Lender upon Agent's receipt of any Notice of US Revolving Credit Advance. Subject to the terms and conditions hereofset forth herein, the US Swing Line Lender mayagrees, in its discretionreliance upon the agreements of the other Lenders set forth in this Section 2.04, to make loans (each such loan, a “US Swing Line Loan”) to the Borrowers in US Dollars or, if an Alternative Currency is not available for Borrowings of Revolving Loans but is available for Borrowings of US Swing Line Loans, such Alternative Currency, from time to time until on any Business Day during the Commitment Termination Date advances Availability Period in an aggregate amount not to exceed at any time outstanding the amount of any Index Rate Loan in Dollars (each, a "the US Swing Line Advance") in accordance with any such notice. The provisions of this Section 1.1(d)(i) shall not relieve Revolving Lenders of their obligations to make US Revolving Credit Advances under Section 1.1(a)(i); provided Sublimit, notwithstanding the fact that if the Swing Line Lender makes a US Swing Line Advance pursuant to any such notice, such US Swing Line Advance Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Revolving Loans, Swing Line Loans and L/C Obligations of the Lender acting as US Swing Line Lender, may exceed the amount of such Lender’s Revolving Commitment; provided, however, that after giving effect to any US Swing Line Loan, (i) the Total Revolving Outstandings shall be in lieu not exceed the Aggregate Revolving Commitments and (ii) the aggregate Outstanding Amount of the Revolving Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Commitment, and provided, further, that (i) the Borrowers shall not use the proceeds of any US Revolving Credit Advance that otherwise may be made by Revolving Lenders pursuant Swing Line Loan to such notice. The aggregate amount of refinance any outstanding US Swing Line Advances outstanding shall not exceed Loan; and (ii) the availability of the Aggregate Revolving Commitments at any time shall be reduced by the lesser amount of (A) the US Foreign Swing Line Commitment Facility Reserve. Within the foregoing limits, and (B) subject to the US Maximum Amount less other terms and conditions hereof, the outstanding balance of the US Revolving Loan at such time ("US Swing Line Availability"). Until the Commitment Termination DateBorrowers may borrow under this Section 2.04, US Borrower may from time to time borrowprepay under Section 2.06, repay and reborrow under this Section 1.1(d)(i)2.04. Each US Swing Line Advance Loans denominated in US Dollars shall be made pursuant to a Notice of US Revolving Credit Advance delivered to Agent by US Borrower in accordance with Section 1.1(a)(i)Base Rate Loans. Any such notice must be given no later than 11:00 a.m. (New York time) on the Business Day of the proposed US Swing Line AdvanceLoans denominated in Alternative Currencies shall be Eurocurrency Rate Loans. Unless Immediately upon the Swing Line Lender has received at least one Business Day's prior written notice from (x) prior to the earlier making of (i) the Subordinated Bond Issuance, and (ii) a Successful Syndication, the Majority Lenders, and (y) at any time thereafter the Requisite Lenders or the US Requisite Revolving Lenders, instructing it not to make a US Swing Line AdvanceLoan by the US Swing Line Lender, each Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the US Swing Line Lender shall, notwithstanding a risk participation in such US Swing Line Loan in an amount equal to the failure product of any condition precedent set forth insuch Lender’s Applicable Percentage times the amount of such US Swing Line Loan.

US Swing Line Facility. (ia) Administrative Agent shall notify the Swing Line Lender upon Administrative Agent's ’s receipt of any Notice of Borrowing requesting a US Revolving Credit AdvanceSwing Line Loan. Subject to the terms and conditions hereof, the Swing Line Lender may, in its sole discretion, make available from time to time until the Maturity Date, advances under the US Revolving Loan Commitment Termination Date advances of any Index Rate Loan in Dollars (each, a "“US Swing Line Advance"Loan”) in accordance with any such notice, notwithstanding that after making a requested US Swing Line Loan, the sum of the Swing Line Lender’s Pro Rata Share of the US Revolving Loans, participation interests in US Letters of Credit and all outstanding US Swing Line Loans, may exceed the Swing Line Lender’s Pro Rata Share of the US Revolving Loan Commitment. The provisions of this Section 1.1(d)(i) 2.2.1 shall not relieve Revolving Lenders of their obligations to make US Revolving Credit Advances Loans under Section 1.1(a)(i)2.1.1; provided that if the Swing Line Lender makes a US Swing Line Advance Loan pursuant to any such notice, such US Swing Line Advance Loan shall be in lieu of any US Revolving Credit Advance Loan that otherwise may be made by Revolving the Lenders pursuant to such notice. The aggregate amount of US Swing Line Advances Loans outstanding shall not exceed at any time the lesser of (A) the US Swing Line Commitment and (B) the US Maximum Amount less the outstanding balance of the US Revolving Loan at such time ("US Swing Line Availability"). Until the Commitment Termination Maturity Date, US Borrower Borrowers may from time to time borrow, repay and reborrow under this Section 1.1(d)(i)2.2.1. Each US Swing Line Advance Loan shall be made pursuant to a Notice of US Revolving Credit Advance Borrowing delivered to Agent by US Borrower Borrowers to Administrative Agent in accordance with Section 1.1(a)(i)2.3.2. Any such notice must be given no later than 11:00 a.m. (New York A.M., Chicago time) , on the Business Day of the proposed US Swing Line AdvanceLoan. Unless the Swing Line Lender has received at least one Business Day's ’s prior written notice from (x) prior to the earlier of (i) the Subordinated Bond Issuance, and (ii) a Successful Syndication, the Majority Lenders, and (y) at any time thereafter the Requisite Required Lenders or the US Requisite Revolving Lenders, instructing it not to make a US Swing Line AdvanceLoan, the Swing Line Lender shall, notwithstanding the failure of any condition precedent set forth inin Section 17.2, be entitled to fund that US Swing Line Loan, and to have Lenders settle in accordance with Section 2.8(a) or purchase participating interests in accordance with Section 2.8(b). Notwithstanding any other provision of this Agreement or the other Loan Documents, each US Swing Line Loan shall constitute a Base Rate Loan. US Borrowers shall repay the aggregate outstanding principal amount of each US Swing Line Loan upon demand therefor by Administrative Agent.

US Swing Line Facility. (i) US Agent shall notify the US Swing Line Lender upon US Agent's ’s receipt of any Notice of US Revolving Credit Advance. Subject to the terms and conditions hereof, the US Swing Line Lender may, in its discretion, shall make available from time to time until the US Commitment Termination Date advances of any Index Rate Loan in Dollars (each, a "“US Swing Line Advance"”) in accordance with any such notice. The provisions of this Section 1.1(d)(i1.1(c) shall not relieve US Revolving Lenders of their obligations to make US Revolving Credit Advances under Section 1.1(a)(i1.1(a); provided that if the US Swing Line Lender makes a US Swing Line Advance pursuant to any such notice, such US Swing Line Advance shall be in lieu of any US Revolving Credit Advance that otherwise may be made by US Revolving Lenders pursuant to such notice. The Except as provided in Section 1.1(a)(ii) above, (A) the aggregate amount of US Swing Line Advances outstanding shall not exceed at any time the lesser of (A1) the US Swing Line Commitment and (2) the Aggregate US Borrowing Base less outstanding US Revolving Credit Advances and the US Letter of Credit Obligations (“US Swing Line Availability”) and (B) the US Maximum Amount Swing Line Loan outstanding to any US Borrower shall not exceed at any time the Dollar Equivalent of that US Borrower’s separate US Borrowing Base less the outstanding balance of US Revolving Credit Advances and the US Revolving Loan at Letter of Credit Obligations outstanding to or opened for the account of such time ("US Swing Line Availability")Borrower. Until the US Commitment Termination Date, US Borrower Borrowers may from time to time borrow, repay and reborrow under this Section 1.1(d)(i1.1(c). Each US Swing Line Advance shall be made pursuant to a Notice of US Revolving Credit Advance delivered to Agent by the US Borrower Representative on behalf of the applicable US Borrower to US Agent in accordance with Section 1.1(a)(i1.1(a). Any such notice must be given no later than 11:00 a.m. (New York time) on the Business Day of the proposed US Swing Line Advance. Unless the US Swing Line Lender has received at least one (1) Business Day's ’s prior written notice from (x) prior to the earlier of (i) the Subordinated Bond Issuance, and (ii) a Successful Syndication, the Majority Lenders, and (y) at any time thereafter the Requisite Lenders or the US Requisite Revolving Lenders, instructing it not to make a US Swing Line Advance, the US Swing Line Lender shall, notwithstanding the failure of any condition precedent set forth inin Section 7.2, be entitled to fund that US Swing Line Advance, and to have each US Revolving Lender make US Revolving Credit Advances in accordance with Section 1.1(c)(iii) or purchase participating interests in accordance with Section 1.1(c)(iv). Notwithstanding any other provision of this Agreement or the other Loan Documents, the US Swing Line Loan shall constitute a US Index Rate Loan. US Borrowers shall repay the aggregate outstanding principal amount of the US Swing Line Loan upon demand therefor by US Agent. The entire unpaid balance of the US Swing Line Loan and all other noncontingent US Obligations shall be immediately due and payable in full in immediately available funds on the US Commitment Termination Date if not sooner paid in full.