Agreement to Make Swingline Loans. Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans under the Dollar Commitment or the Multicurrency Commitment to the Borrower from time to time during the Availability Period, in Dollars, in an aggregate principal amount at any time outstanding that will not result in # the aggregate principal amount of outstanding Swingline Loans of both Classes exceeding the Dollar Equivalent of (provided that, so long as is the Swingline Lender, shall not be required to issue Swingline Loans in an aggregate principal amount exceeding the Dollar Equivalent of , without the prior written consent of ), # the total Revolving Dollar Credit Exposures exceeding the aggregate Dollar Commitments, # the total Revolving Multicurrency Credit Exposures exceeding the aggregate Multicurrency Commitments or # the total Covered Debt Amount exceeding the Borrowing Base then in effect; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans.
Swingline Loans. The Borrower shall repay each Swingline Loan on the earlier to occur of # the date ten (10) Business Days after such Loan is made and # the Maturity Date for the Revolving Facility.
Subject to the terms and conditions set forth herein, the Swingline Lender agrees tomay, in its sole discretion, make Swingline Loans to the Borrower from time to time until the Revolving Facility Termination Date, in an aggregate principal amount at any time outstanding that will not result in # the aggregate principal amount of outstanding Swingline Loans exceeding
The Swingline Lender at any time in its sole discretion may request, on behalf of the Borrower (which hereby irrevocably authorizes the Swingline Lender to so request on its behalf), that each Revolving Lender make a Base Rate Loan in an amount equal to such Lender’s Applicable Revolving Percentage of the amount of Swingline Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Loan Notice for purposes hereof) and in accordance with the requirements of [Section 2.02], without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Revolving Facility and the conditions set forth in [Section 4.02]. The Swingline Lender shall furnish the Borrower with a copy of the applicable Loan Notice promptly after delivering such notice to the Administrative Agent. Each Revolving Lender shall make an amount equal to its Applicable Revolving Percentage of the amount specified in such Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swingline Loan) for the account of the Swingline Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than on the day specified in such Loan Notice, whereupon, subject to [Section 2.04(c)(ii)], each Revolving Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the Borrower in such amount. The Administrative Agent shall remit the funds so received to the Swingline Lender.
Refinancing of Swingline Loans. (i) The Swingline Lender at any time in its sole and absolute discretion may request, on behalf of the Borrower (and the Borrower hereby irrevocably 83894470_5
The Swingline , at any time and from time to time in its sole and absolute discretion may, on behalf of the (which hereby irrevocably directs the Swingline to act on its behalf), on one Business Day’s telephonic notice given by the Swingline no later than and promptly confirmed in writing, request each Revolving to make, and each Revolving hereby agrees to make, a Revolving Loan, in an amount equal to such Revolving ’s Applicable Revolving Percentage of the aggregate amount of such Swingline Loan (each a “Refunded Swingline Loan”) outstanding on the date of such notice, to repay the Swingline . Each Revolving shall make the amount of such Revolving Loan available to the Administrative Agent in immediately available funds, not later than one (1) Business Day after the date of such notice. The proceeds of such Revolving Loan shall be immediately made available by the to the Swingline for application by the Swingline to the repayment of the Refunded Swingline Loan. The irrevocably authorizes the Swingline to charge the ’s accounts with the (up to the amount available in each such account) to immediately pay the amount of any Refunded Swingline Loan to the extent amounts received from the Revolving are not sufficient to repay in full such Refunded Swingline Loan.
Administrative Agent and Lenders are authorized to make the Loans (including Swing Line Loans) and provide the Letter of Credit Accommodations based upon written instructions received from anyone purporting to be a Responsible Officer of Lead Borrower or other authorized person designated by any of such persons from time to time to Administrative Agent (which may be delivered through Administrative Agent’s Commercial Electronic Office Portal or through such other electronic portal provided by the Administrative Agent (the “Portal”)) or, at the discretion of Administrative Agent, if such Revolving Loans are necessary to satisfy any Obligations. All Loans (including Swing Line Loans) and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, any Borrower or Guarantor when deposited to the credit of any Borrower or Guarantor or otherwise disbursed or established in accordance with the instructions of any Borrower or Guarantor or in accordance with the terms and conditions of this Agreement.
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in [Section 2.19(a)(iv)] cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, # first, prepay Swingline
New Swingline Loans/Letters of Credit. So long as any Lender is a Defaulting Lender, the Swingline Lender shall not be required to fund any Swingline Loan and the Issuing Bank shall not be required to issue, amend, extend, renew or increase any Letter of Credit, in each case of the Class or Classes with respect to which such Defaulting Lender participates, to the extent that the reallocation described in [Section 2.19(a)(iv)] cannot be effected or cash collateral has not been provided by the Borrower in accordance with [Section 2.19(a)(v)].
“Swingline Commitment”: the obligation of the Swingline Lender to make Swingline Loans pursuant to [Section 2.6] in an aggregate principal amount at any one time outstanding not to exceed
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