Common use of Whenever the Borrower desires that the Swingline Lender make Swingline Loans Clause in Contracts

Whenever the Borrower desires that the Swingline Lender make Swingline Loans. the Borrower shall give the Swingline Lender and the Administrative Agent irrevocable notice (which notice must be received by the Swingline Lender not later than 10:00 A.M. Pacific time on the proposed Borrowing Date) in writing in the form a Notice of Borrowing, specifying (i) that it is requesting a borrowing of Swingline Loans, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which shall be a Business Day during the Revolving Commitment Period), and (iv) instructions for the remittance of the proceeds of such Loan. Each borrowing under the Swingline Commitment shall be in an amount equal to $500,000 or a whole multiple of $100,000 in excess thereof. Promptly thereafter, on the Borrowing Date specified in a notice in respect of Swingline Loans, the Swingline Lender shall make available to the Borrower an amount in immediately available funds equal to the amount of the Swingline Loan to be made by depositing such amount in the account of the Borrower designated by the Borrower in the applicable Notice of Borrowing. Promptly upon each of funding of a Swingline Loan to the Borrower, the Swingline Lender shall provide the Administrative Agent with a written notice (which may be via email) confirming that it has funded such Swingline Loan and the amount thereof (and the parties hereto hereby acknowledge and agree that (i) the Administrative Agent may conclusively rely on such written notice for all purposes of the Loan Documents (including updating the Register to include such Swingline Loan) and (ii) the Administrative Agent shall not have any duty or obligation to inquire into or confirm whether the proceeds of such Swingline Loan were actually received by the Borrower). Unless a Swingline Loan is sooner refinanced by the advance of a Revolving Loan pursuant to Section 2.4(b), such Swingline Loan shall be repaid by the Borrower no later than five (5) Business Days after the advance of such Swingline Loan.