Subject to the terms and conditions contained herein, the Swing Line Lender agrees that it will make Swing Line Loans to each Borrower from time to time in amounts requested by such Borrower (or Lead Borrower on behalf of such Borrower) up to the aggregate amount outstanding equal to the Swing Line Loan Limit; provided, that, after giving effect to any such Swing Line Loan, the aggregate principal amount of the Tranche A Revolving Loans, Swing Line Loans and Letter of Credit Accommodations outstanding shall not exceed the lesser of # the Tranche A Borrowing Base at such time, or # the Tranche A Maximum Credit at such time. Subject to the terms and conditions hereof, each Borrower (or Lead Borrower on behalf of Borrowers) may from time to time borrow, prepay and reborrow Swing Line Loans. Swing Line Lender shall not be required to make Swing Line Loans, if, after giving effect thereto, the aggregate outstanding principal amount of all Swing Line Loans would exceed the then existing Swing Line Loan Limit. Each Swing Line Loan shall be subject to all of the terms and
Subject to the terms and conditions containedset forth herein, the Swing LineSwingline Lender agrees that it willmay, in its sole discretion, make Swing LineSwingline Loans to each Borrowerthe Borrower, from time to time during the Availability Period, in amounts requested by such Borrower (or Lead Borrower on behalf of such Borrower) up to the aggregate amount outstanding equal to the Swing Line Loan Limit; provided, that, after giving effect to any such Swing Line Loan, thean aggregate principal amount of the Tranche A Revolving Loans, Swing Line Loans and Letter of Credit Accommodations outstanding shallat any time not to exceed the lesser of # the Tranche A Borrowing Base at such time, orSwingline Commitment then in effect and # the Tranche A Maximumdifference between the Aggregate Revolving Commitment Amount and the aggregate Revolving Credit at such time. Subject toExposures of all Lenders; provided that the terms and conditions hereof, each Borrower (or Lead Borrower on behalf of Borrowers) may from time to time borrow, prepay and reborrow Swing Line Loans. Swing LineSwingline Lender shall not be required to make Swing Line Loans, if, after giving effect thereto, the aggregatea Swingline Loan to refinance an outstanding principal amount of all Swing Line Loans would exceed the then existing Swing Line Loan Limit. Each Swing Line LoanSwingline Loan. The Borrower shall be subjectentitled to all ofborrow, repay and reborrow Swingline Loans in accordance with the terms and conditions of this Agreement.
The Swing Line. Subject to the terms and conditions containedset forth herein, the Swing Line Lender agrees that it willLender, in reliance upon the agreements of the other Lenders set forth in this Section 2.2, may in its sole discretion make Swingloans (each such loan, a “Swing Line LoansLoan”) to each Borrower from time to time in amounts requested by such Borrower (or Lead Borrower on behalf of such Borrower) upany 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 equal tothe amount of the Swing Line Loan Limit;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, that,however, that # after giving effect to any such Swing Line Loan, # the aggregate principal amountRevolving Credit Exposure of the Tranche Aall Revolving Loans, Swing Line Loans and Letter of Credit Accommodations outstandingLenders shall not exceed the lesseraggregate amount of the Revolving Credit Commitments of the Revolving Credit Lenders, and # the Tranche A Borrowing Base at such time, or # the Tranche A MaximumRevolving Credit at such time. Subject to the terms and conditions hereof, each Borrower (or Lead Borrower on behalfExposure of Borrowers) may from time to time borrow, prepay and reborrow Swing Line Loans. Swing Lineany Revolving Credit Lender shall not be required to make Swing Line Loans, if, after giving effect thereto, the aggregate outstanding principal amount of all Swing Line Loans would exceed the then existing Swing Line Loan Limit. Each Swing Line Loan shall be subject to all of the terms and such Revolving Credit Lender’s Revolving Credit
The Swing Line. Subject to the terms and conditions containedset forth herein, the Swing Line Lender agrees that it willLender, in reliance upon the agreements of the other Lenders set forth in this Section 2.2, may in its sole discretion make Swingloans (each such loan, a “Swing Line LoansLoan”) to each Borrower from time to time in amounts requested by such Borrower (or Lead Borrower on behalf of such Borrower) upany 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 equal tothe amount of the Swing Line Loan Limit;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, that,however, that # after giving effect to any such Swing Line Loan, # the aggregate principal amountRevolving Credit Exposure of the Tranche Aall Revolving Loans, Swing Line Loans and Letter of Credit Accommodations outstandingLenders shall not exceed the lesseraggregate amount of the Revolving Credit Commitments of the Revolving Credit Lenders, and # the Tranche A Borrowing Base atRevolving Credit Exposure of any Revolving Credit Lender shall not exceed such time, orRevolving Credit Lender’s Revolving Credit Commitment, # Borrower shall not use the Tranche A Maximum Credit at such time. Subject to the terms and conditions hereof, each Borrower (or Lead Borrower on behalfproceeds of Borrowers) may from time to time borrow, prepay and reborrowany Swing Line Loans.Loan to refinance any outstanding Swing Line Loan, and # Swing Line Lender shall not be requiredunder any obligation to make Swing Line Loans, if, after giving effect thereto, the aggregate outstanding principal amount of all Swing Line Loans would exceed the then existingany Swing Line Loan Limit. Each Swing Line Loanif it shall determine (which determination shall be in its sole discretion) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to all of the other terms and conditions hereof, Borrower
Subject to the terms and conditions containedset forth herein, the Swing LineSwingline Lender agrees that it willto make Swing Line# Swingline Loans to each Borrowerthe Borrowers from time to time in amounts requested byduring the Availability Period; provided, that no such Borrower (or Lead Borrower on behalf of such Borrower) up to the aggregate amount outstanding equal to the Swing LineSwingline Loan Limit; provided, that,will be permitted if, after giving effect to any such Swing Line Loan,thereto, # the aggregate principal amount of the Tranche A Revolving Loans, Swing Lineoutstanding Swingline Loans and Letter of Credit Accommodations outstanding shall notwould exceed the lesser of # the Tranche A Borrowing Base at such time,Swingline Commitment; or # the Tranche A MaximumRevolving Facility Credit at such time. SubjectExposure would exceed the Borrowing Base; provided; that the Swingline Lender will not be required to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the foregoing limits and subject to the terms and conditions hereof, each Borrower (or Lead Borrower on behalf of Borrowers)set forth herein, the Borrowers may from time to time borrow, prepay and reborrow Swing LineSwingline Loans. Swing Line Lender shall not be required to make Swing Line Loans, if, after giving effect thereto, the aggregate outstanding principal amount of all Swing Line Loans would exceed the then existing Swing Line Loan Limit. Each Swing Line Loan shall be subject to all of the terms and
Subject to the terms and conditions containedset forth herein, the Swing Line Lender agrees that it will make Swing Line Loans to each Borrower from time to time in amounts requested by such Borrower (or Lead Borrower on behalf of such Borrower) upduring the Availability Period, the Swingline Lender agrees to make Swingline Loans to the Borrower in an aggregate principal amount at any time outstanding equal to the Swing Line Loan Limit; provided, that, after giving effect to any such Swing Line Loan,that will not result in # the aggregate principal amount of outstanding Swingline Loans made by the Tranche A Revolving Loans, Swing Line Loans and Letter of Credit Accommodations outstanding shall not exceedSwingline Lender exceeding the lesser ofSwingline Commitment, # the Tranche A Borrowing Base at such time,amount of the Swingline Lenders Credit Exposure exceeding its Commitment or # the Tranche A MaximumTotal Credit at such time. Subject toExposure exceeding the terms and conditions hereof, each Borrower (or Lead Borrower on behalf of Borrowers) may from time to time borrow, prepay and reborrow Swing Line Loans. Swing LineCredit Limit; provided that the Swingline Lender shall not be required to make Swing Line Loans, if, after giving effect thereto,a Swingline Loan to refinance an outstanding Swingline Loan. Within the aggregate outstanding principal amount of all Swing Line Loans would exceed the then existing Swing Line Loan Limit. Each Swing Line Loan shall beforegoing limits and subject to all of the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans.
Subject to the terms and conditions containedset forth herein, the Swing LineSwingline Lender agrees that it willmay agree, but shall have no obligation, to make Swing LineSwingline Loans in Dollars to eachthe Borrower from time to time during the Revolving Facility Availability Period, in amounts requested by such Borrower (or Lead Borrower on behalf of such Borrower) up to thean aggregate principal amount at any time outstanding equal to the Swing Line Loan Limit; provided, that, after giving effect to any such Swing Line Loan,that will not result in # the aggregate principal amount of outstanding Swingline Loans exceeding the Tranche A Revolving Loans, Swing Line Loans and Letter of Credit Accommodations outstanding shall not exceed the lesser ofSwingline Sublimit, # the Tranche A Borrowing Base at such time,Swingline Lender’s Revolving Facility Credit Exposure exceeding its Revolving Facility Commitment or # the Tranche A MaximumTotal Revolving Facility Credit at such time. Subject toExposures exceeding the terms and conditions hereof, each Borrower (or Lead Borrower on behalf of Borrowers) may from time to time borrow, prepay and reborrow Swing Line Loans. Swing Linetotal Revolving Facility Commitments; provided that the Swingline Lender shall not be required to make Swing Line Loans, if, after giving effect thereto,a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the aggregate outstanding principal amount of all Swing Line Loans would exceed the then existing Swing Line Loan Limit. Each Swing Line Loan shall beforegoing limits and subject to all of the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans.
SECTION # Swingline Loans. i. Subject to the terms and conditions containedset forth herein, the Swing LineSwingline Lender agrees that it willto make Swing LineSwingline Loans in dollars to eachthe Borrower from time to time during the Revolving Availability Period in amounts requested by such Borrower (or Lead Borrower on behalf of such Borrower) up to thean aggregate principal amount at any time outstanding equal to the Swing Line Loan Limit; provided, that, after giving effect to any such Swing Line Loan,that will not result in # the aggregate principal amount of the Tranche Aoutstanding Swingline Loans exceeding $5,000,000, # the Aggregate Revolving Exposure exceeding the Aggregate Revolving Commitment or # unless otherwise agreed to in writing by the Swingline Lender, the aggregate amount of Swingline Loans, Swing LineRevolving Loans and LetterLetters of Credit Accommodations outstandingissued by the Swingline Lender exceeding the Swingline Lender’s Revolving Commitments hereunder; provided that the Swingline Lender shall not exceedbe required to, but may, make a Swingline Loan to refinance an outstanding Swingline Loan. Within the lesser of # the Tranche A Borrowing Base at such time, or # the Tranche A Maximum Credit at such time. Subjectforegoing limits and subject to the terms and conditions hereof, eachset forth herein, the Borrower (or Lead Borrower on behalf of Borrowers) may from time to time borrow, prepay and reborrow Swing LineSwingline Loans. Swing Line Lender shall not be required to make Swing Line Loans, if, after giving effect thereto, the aggregate outstanding principal amount of all Swing Line Loans would exceed the then existing Swing Line Loan Limit. Each Swing Line Loan shall be subject to all of the terms and
The Swing Line. Subject to the terms and conditions containedset forth herein, the Swing Line Lender agrees that it willagrees, in reliance upon the agreements of the other Lenders set forth in this [Section 2.04], to make Swingloans in Dollars (each such loan, a “Swing Line LoansLoan”) to each Borrowerthe Company from time to time on any Business Day during the Availability Period in amounts requested by such Borrower (or Lead Borrower on behalf of such Borrower) up to thean aggregate amount not to exceed at any time outstanding equal tothe amount of the Swing Line Loan Limit; provided, that,Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided that after giving effect to any such Swing Line Loan, # the aggregate principal amount of the Tranche ATotal Revolving Loans, Swing Line Loans and Letter of Credit Accommodations outstandingOutstandings shall not exceed the lesser ofRevolving Credit Facility, and # the Tranche A Borrowing Baseaggregate Outstanding Amount of the Revolving Credit Loans of any Revolving Credit Lender at such time, or #plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Tranche A Maximum CreditOutstanding Amount of all L/C Obligations at such time. Subject totime, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the terms and conditions hereof, each Borrower (or Lead Borrower on behalf of Borrowers) may from time to time borrow, prepay and reborrow Swing Line Loans. Swing Line Lender shall not be required to make Swing Line Loans, if, after giving effect thereto, the aggregate outstanding principal amountOutstanding Amount of all Swing Line Loans wouldat such time shall not exceed such Lender’s Revolving Credit Commitment; provided, further, that the then existingCompany shall not use the proceeds of any Swing Line Loan Limit.to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company may borrow under this [Section 2.04], prepay under [Section 2.05], and reborrow under this [Section 2.04]. Each Swing Line Loan shall be subjecta Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to allthe product of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the terms and amount of such Swing Line Loan.
Subject to the terms and conditions contained herein,set forth herein (including [Section 2.22]), in reliance upon the Swing Lineagreements of the other Lenders set forth in this [Section 2.04], the Swingline Lender agrees that it willto make Swing LineSwingline Loans to each Borrowerthe Borrowers from time to time during the Revolving Availability Period denominated in amounts requested by such Borrower (or Lead Borrower on behalf of such Borrower) up todollars in an aggregate principal amount at any time outstanding that will not result in # the aggregate Revolving Exposures exceeding the aggregate Revolving Commitments or # the aggregate amount of Swingline Loans outstanding equalexceeding Swingline Sublimit; provided that the Swingline Lender shall be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the Swing Line Loan Limit; provided, that, after giving effect to any such Swing Line Loan, the aggregate principal amount of the Tranche A Revolving Loans, Swing Line Loansforegoing limits and Letter of Credit Accommodations outstanding shall not exceed the lesser of # the Tranche A Borrowing Base at such time, or # the Tranche A Maximum Credit at such time. Subjectsubject to the terms and conditions hereof, each Borrower (or Lead Borrower on behalf of Borrowers)set forth herein, the Borrowers may from time to time borrow, prepay and reborrow Swing LineSwingline Loans. Swing Line Lender shall not be required to make Swing Line Loans, if, after giving effect thereto, the aggregate outstanding principal amount of all Swing Line Loans would exceed the then existing Swing Line Loan Limit. Each Swing Line Loan shall be subject to all of the terms and
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