Swing Line Note Sample Contracts

EXHIBIT 10.16(c) SWING LINE NOTE
Swing Line Note • November 14th, 2003 • Stanadyne Automotive Corp • Motor vehicle parts & accessories

This Swing Line Note is issued pursuant to that certain Loan and Security Agreement dated as of the date hereof by and among Agent, the lenders from time to time party thereto ("Lenders"), Borrowers, and Stanadyne Automotive Holding Corp. (as the same now exists or may hereafter be amended, restated, renewed, replaced, substituted, supplemented, extended, or otherwise modified, the "Loan Agreement") and is entitled to the benefit and security of the Loan Agreement and Other Documents. Reference is hereby made to the Loan Agreement for a statement of all of the terms and conditions under which the Loans evidenced hereby are made and are to be repaid. The date and amount of each Swingline Loan made by Swing Line Lender to Borrowers, the rate of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Agent on its books; provided that the failure of Agent to make any such recordation shall not affect the obligations of Borrowers to make a

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SWING LINE NOTE
Swing Line Note • October 28th, 2014 • OVERSTOCK.COM, Inc • Retail-catalog & mail-order houses

This Note is the Swing Line Note referred to in the Loan Agreement dated the date hereof by and among Borrower, O.Com Land, LLC, a Utah limited liability company, the Banks from time to time party thereto and U.S. Bank National Association, as a Bank and as Administrative Bank for the Banks, as the same may from time to time be amended, modified, extended, renewed or restated (the “Loan Agreement”; all capitalized terms used and not otherwise defined in this Note shall have the respective meanings ascribed to them in the Loan Agreement).

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FORM OF SWING LINE NOTE
Swing Line Note • October 10th, 2006 • Net Perceptions Inc • Services-prepackaged software

FOR VALUE RECEIVED, the undersigned, SIG ACQUISITION CORP., a Delaware corporation (“Borrower”), promises to pay to the order of LaSalle Bank National Association (“Swing Line Lender”) at the main office of LaSalle Bank National Association, as Administrative Agent, as hereinafter defined, at 135 South LaSalle Street, Chicago, Illinois 60603, the principal sum of

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SWING LINE NOTE U.S.$5,000,000.00 Dated: November 20, 1998 FOR VALUE RECEIVED, the undersigned, HAGLER BAILLY, INC., a Delaware corporation (the "Borrower"), hereby unconditionally promises to pay on the Maturity Date to the order of NATIONSBANK, N.A....
Swing Line Note • March 31st, 1999 • Hagler Bailly Inc • Services-management consulting services • Virginia
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The “8/04 Swing Line Note”)
Swing Line Note • August 11th, 2004 • Homebanc Corp • Real estate investment trusts • Texas

FOR VALUE RECEIVED, HOMEBANC CORP., a Georgia corporation, and its wholly-owned subsidiary, HOMEBANC MORTGAGE CORPORATION, a Delaware corporation (“Makers” or the “Companies”) jointly and severally to pay to the order of JPMORGAN CHASE BANK (“Payee”), a New York banking corporation, at its main Houston branch, 712 Main Street, Houston, Harris County, Texas 77002, or at such other place as the holder (the “Holder”, whether or not Payee is such holder) of this note may hereafter designate in writing, in immediately available funds and in lawful money of the United States of America, the principal sum of One Hundred Fifty-five Million Dollars ($155,000,000) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding until maturity at the applicable rate(s) provided for in the Credit Agreement (or at such lesser rate, if any, as Holder may in its sole discretio

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SWING LINE NOTE $10,000,000 February __, 2000
Swing Line Note • June 21st, 2002 • Titan Corp • Services-computer integrated systems design

FOR VALUE RECEIVED, the undersigned, THE TITAN CORPORATION, a Delaware corporation (the “Borrower”), promises to pay to the order of CREDIT SUISSE FIRST BOSTON and its registered assigns (the “Swing Line Lender”) on the Stated Maturity Date for all Revolving Loans, the principal sum of TEN MILLION DOLLARS ($10,000,000) or, if less, the aggregate unpaid principal amount of all Swing Line Loans made by the Swing Line Lender pursuant to that certain Senior Secured Credit Agreement, dated as of February __, 2000 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the various financial institutions (including the Swing Line Lender) as are or may become parties thereto (collectively, the “Lenders”), Credit Suisse First Boston, as administrative agent for the Lenders (the “Administrative Agent”), First Union Securities, Inc., as Syndication Agent, and The Bank of Nova Scotia, as Documentation Agent. Unless otherwise defined

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SECOND AMENDED AND RESTATED SWING LINE NOTE
Swing Line Note • April 14th, 2004 • Pemco Aviation Group Inc • Aircraft

This Second Amended and Restated Swing Line Note is the Swing Line Note referred to in, and is entitled to the benefits of, the Credit Agreement; but neither this reference to the Credit Agreement nor any provision thereof shall affect or impair the absolute and unconditional obligation of Borrowers to pay the principal sum of and interest on this Second Amended and Restated Swing Line Note when due. The Credit Agreement (i) provides for the making of Swing Line Loan Advances by SouthTrust in an aggregate amount not to exceed at any time outstanding the U.S. dollar amount first above mentioned, the indebtedness resulting from the Swing Line Loan Advances by SouthTrust to Borrowers being evidenced by this Second Amended and Restated Swing Line Note, and (ii) contains provisions for acceleration of the maturity hereof upon the happening of certain stated events and also for prepayments on account of principal hereof prior to the maturity hereof upon the terms and conditions therein speci

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SWING LINE NOTE $8,500,000.00 April 12, 2018
Swing Line Note • April 12th, 2018 • ZAGG Inc • Retail-miscellaneous retail

FOR VALUE RECEIVED, the undersigned, ZAGG INC, a Delaware corporation (the “Borrower”), promises to pay to the order of KEYBANK NATIONAL ASSOCIATION (the “Swing Line Lender”) at the main office of KEYBANK NATIONAL ASSOCIATION, as the Administrative Agent, as hereinafter defined, 127 Public Square, Cleveland, Ohio 44114-1306 the principal sum of

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FIRST AMENDED AND RESTATED SWING LINE NOTE
Swing Line Note • April 14th, 2004 • Pemco Aviation Group Inc • Aircraft

This First Amended and Restated Swing Line Note is the Swing Line Note referred to in, and is entitled to the benefits of, the Credit Agreement; but neither this reference to the Credit Agreement nor any provision thereof shall affect or impair the absolute and unconditional obligation of Borrowers to pay the principal sum of and interest on this First Amended and Restated Swing Line Note when due. The Credit Agreement (i) provides for the making of Swing Line Loan Advances by SouthTrust in an aggregate amount not to exceed at any time outstanding the U.S. dollar amount first above mentioned, the indebtedness resulting from the Swing Line Loan Advances by SouthTrust to Borrowers being evidenced by this First Amended and Restated Swing Line Note, and (ii) contains provisions for acceleration of the maturity hereof upon the happening of certain stated events and also for prepayments on account of principal hereof prior to the maturity hereof upon the terms and conditions therein specifie

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SWING LINE NOTE
Swing Line Note • May 5th, 2010 • Matthews International Corp • Nonferrous foundries (castings)

FOR VALUE RECEIVED, the undersigned, Matthews International Corporation, a Pennsylvania corporation (the "Borrower"), hereby promises to pay to the order of Citizens Bank of Pennsylvania ("Citizens"), as provided for in the Loan Agreement (as defined below), the lesser of (i) the principal sum of Ten Million and 00/100 Dollars ($10,000,000.00) or (ii) the aggregate unpaid principal amount of all Swing Line Loans made by Citizens to the Borrower pursuant to that certain Loan Agreement, dated of even date herewith, by and among the Borrower, Citizens and other financial institutions listed on the signature pages thereof (Citizens and such other financial institutions are each a "Bank" and collectively, the "Banks"), and Citizens Bank of Pennsylvania, as agent for the Banks (in such capacity, the "Agent") (as such agreement may be amended, modified or supplemented from time to time, the "Loan Agreement"). The Borrower hereby further promises to pay to the order of Citizens interest on the

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EXHIBIT 10.63 Form of Swing Line Note Promissory Note (Swing Line Loan)
Swing Line Note • March 31st, 1998 • Coca Cola Bottling Group Southwest Inc • Bottled & canned soft drinks & carbonated waters

FOR VALUE RECEIVED, THE COCA-COLA BOTTLING GROUP (SOUTHWEST), INC., a Nevada corporation having its principal place of business located in Dallas, Texas (the "Borrower"), hereby promises to pay to the order of NATIONSBANK, NATIONAL ASSOCIATION (the "Lender"), in its individual capacity, at the office of NATIONSBANK, NATIONAL ASSOCIATION, as agent for the Lenders (the "Agent"), located at One Independence Center, 101 North Tryon Street, NC1-001-15-04, Charlotte, North Carolina 28255 (or at such other place or places as the Agent may designate in writing) pursuant to the Credit Agreement dated as of March 11, 1998 among the Borrower, the financial institutions party thereto (collectively, the "Lenders") and the Agent (the "Agreement" -- all capitalized terms not otherwise defined herein shall have the respective meanings set forth in the Agreement), on the Revolving Credit Termination Date or such earlier date as may be required pursuant to the terms of the Agreement, in lawful money of

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SWING LINE NOTE
Swing Line Note • July 6th, 2004 • Green Mountain Coffee Roasters Inc • Miscellaneous food preparations & kindred products

This Swing Line Note is issued pursuant to that certain Second Amended and Restated Credit Agreement dated as of June 30, 2004, by and among Borrower, Agent, Swing Line Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified, the "Credit Agreement"), and is entitled to the benefit and security of the Credit Agreement, the Security Agreement and all of the other Loan Documents. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Loans evidenced hereby are made and are to be repaid. The date and amount of each Swing Line Advance made by Swing Line Lender to Borrower, the rate of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Agent on its books; provided that the failure of Agent to make any such recordation shall

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1 SWING LINE NOTE
Swing Line Note • November 12th, 1996 • Kemet Corporation • Electronic components & accessories
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SWING LINE NOTE
Swing Line Note • February 24th, 2005 • American Capital Strategies LTD

This Note is the Swing Line Note referred to in the Amended and Restated Credit Agreement dated as of February , 2005 among Borrower, the banks listed therein and Branch Banking and Trust Company, as Administrative Agent, Swing Line Lender and as a Bank (as the same may be amended or modified from time to time, the “Credit Agreement”). Terms defined in the Credit Agreement are used herein with the same meanings. Reference is made to the Credit Agreement for provisions for the prepayment and the repayment hereof and the acceleration of the maturity hereof.

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1 EXHIBIT 10.21 SWING LINE NOTE
Swing Line Note • January 21st, 1997 • Falconite Inc
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SWING LINE NOTE
Swing Line Note • June 26th, 2006 • Golfsmith International Holdings Inc • Retail-miscellaneous shopping goods stores

This Swing Line Note is issued pursuant to that certain Amended and Restated Credit Agreement dated as of June 20, 2006 by and among the Borrowers, the other Persons named therein as Credit Parties, Agent, Swing Line Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified, the “Credit Agreement”), and is entitled to the benefit and security of the Credit Agreement, the Security Agreement and all of the other Loan Documents. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Loans evidenced hereby are made and are to be repaid. The date and amount of each Swing Line Advance made by Swing Line Lender to the Borrowers, the rate of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Agent on its books; provided that the

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SWING LINE NOTE
Swing Line Note • September 6th, 2002 • Green Mountain Coffee Inc • Miscellaneous food preparations & kindred products

This Swing Line Note is issued pursuant to that certain Credit Agreement dated as of August 30, 2002, by and among Borrowers, Agent, Swing Line Lender and the other Persons signatory thereto from time to time as Lenders (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified, the "Credit Agreement"), and is entitled to the benefit and security of the Credit Agreement, the Security Agreement and all of the other Loan Documents. Reference is hereby made to the Credit Agreement for a statement of all of the terms and conditions under which the Loans evidenced hereby are made and are to be repaid. The date and amount of each Swing Line Advance made by Swing Line Lender to Borrowers, the rate of interest applicable thereto and each payment made on account of the principal thereof, shall be recorded by Agent on its books; provided that the failure of Agent to make any such recordation shall not affect the obligatio

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SWING LINE NOTE
Swing Line Note • May 10th, 2004 • American Capital Strategies LTD

This Note is the Swing Line Note referred to in the Credit Agreement dated as of March , 2004 among Borrower, the banks listed therein, Wells Fargo Bank, National Association, as the Backup Servicer and as the Collateral Custodian and Branch Banking and Trust Company, as Administrative Agent, Swing Line Lender and as a Bank (as the same may be amended or modified from time to time, the “Credit Agreement”). Terms defined in the Credit Agreement are used herein with the same meanings. Reference is made to the Credit Agreement for provisions for the prepayment and the repayment hereof and the acceleration of the maturity hereof.

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AMENDED & RESTATED SWING LINE NOTE
Swing Line Note • October 25th, 2007 • Golden Oval Eggs LLC • Food and kindred products

This note is one of the Revolving Notes referred to in the Amended and Restated Credit Agreement dated June 30, 2006, and amended by First Amendment to Amended and Restated Credit Agreement dated April 30, 2007, and as further amended by the Second Amendment to Amended and Restated Credit Agreement dated concurrently herewith (as the same may hereafter be from time to time amended, restated or otherwise modified, the “Credit Agreement”) among the undersigned, the Lender and the other lenders named therein. This note is secured, it is subject to certain mandatory prepayments and its maturity is subject to acceleration, in each case upon the terms provided in said Credit Agreement.

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SWING LINE NOTE
Swing Line Note • November 26th, 2003 • Staktek Holdings Inc

On the Revolving Credit Maturity Date, FOR VALUE RECEIVED, SC Merger Sub, Inc., a Texas corporation (“Company”), Research Applications, Inc. (“RAI”) and Staktek Holdings, Inc. (“Holdings” and together with the Company and RAI, the “Borrowers’) jointly and severally promise to pay to the order of Comerica Bank (“Swing Line Bank”) at Detroit, Michigan, in lawful money of the United States of America, so much of the sum of One Million Dollars ($1,000,000), as may from time to time have been advanced by Swing Line Bank to the Borrower and then be outstanding hereunder pursuant to the Revolving Credit and Term Loan Agreement dated as of August 19, 2003 by and among the Borrowers, the Banks signatories thereto, Comerica Bank, as Administrative Agent, Documentation Agent, Structuring Agent and Lead Arranger as the same may be amended or otherwise modified from time to time (as so amended, the “Credit Agreement”), together with interest thereon as hereinafter set forth.

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SWING LINE NOTE
Swing Line Note • March 8th, 2016 • ZAGG Inc • Retail-miscellaneous retail

FOR VALUE RECEIVED, the undersigned, ZAGG INC, a Nevada corporation (the “Borrower”), promises to pay to the order of KEYBANK NATIONAL ASSOCIATION (the “Swing Line Lender”) at the main office of KEYBANK NATIONAL ASSOCIATION, as the Administrative Agent, as hereinafter defined, 127 Public Square, Cleveland, Ohio 44114-1306 the principal sum of

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