The Swing Line. Subject to the terms and conditions set forth herein, Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this [Section 2.2], may in its sole discretion make loans (each such loan, a “Swing Line Loan”) to Borrower from time to time on any Business Day during the period from the Closing Date to the Maturity Date for the Facility in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Revolving Credit Loans of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided, however, that # after giving effect to any Swing Line Loan, # the Revolving Credit Exposure of all Revolving Credit Lenders shall not exceed the aggregate amount of the Revolving Credit Commitments of the Revolving Credit Lenders, and # the Revolving Credit Exposure of any Revolving Credit Lender shall not exceed such Revolving Credit Lender’s Revolving Credit
SECTION # Amendment to [Section 1.01]. The definition of Revolver Commitment contained within [Section 1.01] of the Credit Agreement is deleted and replaced with the following:
The definition of “Aggregate Commitment” appearing in [Article I] of the Credit Agreement is hereby amended to add the following sentence at the end thereof:
The definition of “Revolving Commitment” appearing in [Section 1.01] of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendments to Definitions in the Credit Agreement. [Section 1.1] of the Credit Agreement is hereby amended to delete the definition of “Letter of Credit Commitment” and “Revolving Amount” therefrom and to insert in place thereof, respectively, the following:
Adjustments to Revolving Outstandings. On each Increase Effective Date with respect to each Revolving Commitment Increase, # if there are Revolving Credit Loans then outstanding, Borrower shall prepay such Revolving Credit Loans (and pay any additional amounts required pursuant to [Section 3.5] in connection therewith), and borrow Revolving Credit Loans from the Lenders, as shall be necessary in order that, after giving effect to such prepayments and borrowings, all Revolving Credit Loans will be held ratably by the Revolving Credit Lenders in accordance with their respective Revolving Credit Commitments after giving effect to the applicable Revolving Commitment Increase and # if there are Swing Line Loans or Letters of Credit then outstanding, the participations of the Revolving Credit Lenders in such Swing Line Loans or Letters of Credit, as the case may be, will be automatically adjusted to reflect the Applicable Percentages of all the Revolving Credit Lenders (including each Incremental Lender) after giving effect to the applicable Revolving Commitment Increase.
“Loan” means an extension of credit by a Lender to the Borrowers under [Article 2] in the form of a Term Loan, a Revolving Credit Loan or a Swing Line Loan (including any Incremental Term Loan and any extensions of credit under any Revolving Commitment Increase).
No Lender shall be required to make the Incremental Loan except pursuant to a Lender Assumption Agreement signed by such Lender.
Commitment Fee. Commencing on the Closing Date, subject to [Section 5.15(a)(iii)(A)], the Borrower shall pay to the Administrative Agent, for the account of the Revolving Credit , a non-refundable commitment fee (the “Commitment Fee”) at a rate per annum equal to the rate set forth in the definition of Applicable Margin under the column entitled “Commitment Facility Fee” on the average daily unused portion of the Revolving Credit Commitment of the Revolving Credit (other than the Defaulting , if any); provided, that the amount of outstanding Swingline Loans shall not be considered usage of the Revolving Credit Commitment for the purpose of calculating the Commitment Fee but the amount of outstanding Letters of Credit shall be considered usage of the Revolving Credit Commitment for purpose of calculating the Commitment Fee. The Commitment Fee shall be payable in arrears on the last Business Day of each calendar quarter during the term of this Agreement commencing and ending on the date upon which all Obligations (other than contingent indemnification obligations not then due) arising under the Revolving Credit Facility shall have been indefeasibly and irrevocably Paid In Full and the Revolving Credit Commitment has been terminated. The Commitment Fee shall be distributed by the Administrative Agent to the Revolving Credit (other than any Defaulting Lender) pro rata in accordance with such Revolving Credit ’ respective Revolving Credit Commitment Percentages.
Commitment Fee. A fully earned, non-refundable commitment fee of , on the Effective Date; # Final Payment. The Final Payment, when due hereunder; # Prepayment Fee. The Prepayment Fee, if and when due hereunder;
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