Common use of Availability Clause in Contracts

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to the conditions contained in of this Agreement, the Swingline Lender may, in its sole discretion, agrees to make loans in Dollars (each a “Swing Loan”) available Swingline Loans to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until Closing Date through, but not including, the Revolving Credit Swingline Termination Date Date; provided, that (i) all Swingline Loans shall be denominated in an Dollars and (ii) based upon the Dollar Amount of all outstanding Loans and L/C Obligations, the aggregate principal amount at of all outstanding Swingline Loans (after giving effect to any time amount requested), shall not exceed the lesser of (A) the Aggregate Commitment less the sum of all outstanding not to exceed its Revolving Credit Loans, Alternative Currency Loans and L/C Obligations and (B) the Swingline Commitment; provided, however, provided further that the Swingline Lender may will not make any Swing a Swingline Loan from and after the date which is one (x1) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day day after it receives has received written notice from the Administrative Agent or (upon the request of the Required Revolving Credit Lenders Lenders) that one or more of the applicable conditions precedent contained to Extensions of Credit specified in Section 3.2 are 5.3 is not then satisfied and ending when until such conditions are satisfied or duly waived. In connection waived in accordance with the making provisions of any Swing Loan, this Agreement (and the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan entitled to conclusively rely on any such notice and must shall have no obligation to independently investigate the accuracy of such notice and shall have no liability to the Borrower in respect thereof if such notice proves to be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (ainaccurate).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, shall make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the US Swingline Lender may, in its sole discretion, make loans Loans denominated in Dollars (each a “US Swing Loan”) available to the US Borrower under the US Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its US Swingline Commitment; provided, however, that the US Swingline Lender may not make any US Swing Loan (x) to the extent that after giving effect to such US Swing Loan, the aggregate principal amount of all US Revolving Credit Outstandings Loans would exceed the Maximum US Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative US Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any US Swing Loan, the US Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each US Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of US Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from Agent, the Administrative Agent Required Lenders or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Loan Parties contained in this Agreementherein, the Swingline Swing Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Commitments from time to time on any Business Day during the period from the date hereof until Effective Date through the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Swing Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the Total Revolving Extensions of Credit outstanding at such time would exceed the Total Revolving Commitments in effect at such time, (y) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans and Swing Loans held by the Swing Lender (and if the Swing Lender is not also a Revolving Lender, by each of its Affiliates that is a Revolving Lender) would exceed the Revolving Credit Commitments Commitment of such Swing Lender (and such Affiliates, if any) and (yz) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 5.2 are not satisfied (which notice shall contain a description of any such condition asserted not to be satisfied) and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Swing Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 5.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate ABR Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Aggregate Revolving Credit Facility Loan Commitment from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Original Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Restatement Effective Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan, and the Borrower will not request any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Original Revolving Credit Outstandings Loans would exceed the Maximum Original Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Original Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan that bears interest at the interest rate applicable to Original Revolving Loans that are Base Rate Loans and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai); provided that the Borrower may not refinance a Swing Loan with a new Swing Loan.

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Effective Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all outstanding Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its the Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Majority Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (iA) the funding date of any Borrowing of Revolving Loans and (iiB) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretiongood faith credit judgment, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Second Restatement Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan denominated in Dollars and must be repaid in full on the earlier earliest of (ix) the funding date of any Borrowing of Revolving Loans and (iiy) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Commitments from time to time on any Business Day during the period from the date hereof until Effective Date through the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Loan Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available Swingline Loans to the Borrower under the Revolving Credit Facility Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Maturity Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment$5,000,000; provided, however, provided however that the Swingline Lender may not make any Swing Swingline Loan (x) to the extent that after giving effect to such Swing Swingline Loan, the aggregate principal amount of all Revolving Credit Outstandings Exposure would exceed the aggregate Revolving Credit Commitments and (y) in during the period commencing on the first (1st) Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 4.02 are not satisfied and directing it not to make Swingline Loans and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 4.02 have been satisfied or waived. Each Swing Swingline Loan shall be a Base Rate an ABR Loan and must be repaid in full on the earlier earliest of (ix) the funding date of any Borrowing of Revolving Loans and (iiy) the date of the termination of the Revolving Credit Termination DateCommitments. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Swingline Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender mayshall, in its sole discretionat the request of the Borrower, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Revolver Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to the conditions contained in of this Agreement, the Swingline Lender may, in its sole discretion, agrees to make loans in Dollars (each a “Swing Loan”) available Swingline Loans to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until Closing Date through, but not including, the Revolving Credit Swingline Termination Date Date; provided, that (i) all Swingline Loans shall be denominated in an Dollars and (ii) based upon the Dollar Amount of all outstanding Loans and L/C Obligations, immediately after the making of any such Swingline Loans, the aggregate principal amount at any time of all outstanding Swingline Loans shall not to exceed its the lesser of (A) the Swingline CommitmentCommitment and (B) the amount that is (1) the lesser of (x) the Borrowing Base and (y) the Aggregate Commitment less (2) the sum of all outstanding Revolving Credit Loans, Alternative Currency Loans and L/C Obligations; provided, however, provided further that the Swingline Lender may will not make any Swing a Swingline Loan from and after the date which is one (x1) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day day after it receives has received written notice from the Administrative Agent or (upon the request of the Required Revolving Credit Lenders Lenders) that one or more of the applicable conditions precedent contained to Extensions of Credit specified in Section 3.2 are 5.3 is not then satisfied and ending when until such conditions are satisfied or duly waived. In connection waived in accordance with the making provisions of any Swing Loan, this Agreement (and the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan entitled to conclusively rely on any such notice and must shall have no obligation to independently investigate the accuracy of such notice and shall have no liability to the Borrower in respect thereof if such notice proves to be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (ainaccurate).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Restatement Effective Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Aggregate Revolving Credit Outstandings Exposure would exceed the Revolving Credit Commitments and Maximum Borrowing Availability, (y) in the Revolving Exposure of any Lender would exceed such Lender’s Revolving Loan Commitment and (z) during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the US Borrower as a subfacility under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all US Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the US Swingline Lender may, in its sole discretion, make loans Loans denominated in Dollars (each a “US Swing Loan”) available to the US Borrower under the Aggregate US Revolving Credit Facility Loan Commitment from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its US Swingline Commitment; provided, however, that the US Swingline Lender may not make any US Swing Loan (x) to the extent that after giving effect to such US Swing Loan, the aggregate principal amount of all US Revolving Credit Outstandings Loans would exceed the Maximum US Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative US Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any US Swing Loan, the US Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each US Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of US Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Pro Rata Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower in Dollars under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may may, but shall not be required to to, determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “"Swing Loan”") available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed the lesser of (A) its Swingline CommitmentCommitment and (B) Borrowing Availability, except as provided in Section 2.1(b) and Section 2.1(c); provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On the terms Upon and subject to the terms and conditions contained in this Agreementhereof, the Swingline Lender may, in its sole discretion, hereby agrees to make loans in Dollars (each a “Swing Loan”) available Swingline Loans to the any Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from Availability Period; provided, that after giving effect thereto, (A) the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at of outstanding Swingline Loans shall not exceed the lesser of (1) the Swingline Sublimit and (2) the Unutilized Commitment of the Swingline Lender, (B) the Credit Exposure of any time outstanding Lender shall not to exceed its Swingline CommitmentCommitment at such time, (C) the aggregate Credit Exposure shall not exceed the Aggregate Commitments at such time, and (D) the applicable conditions in Section 3.2 are met; provided, howeverfurther, that the Swingline Lender may not shall have no obligation to make Swingline Loans at any Swing Loan time a Lender is a Defaulting Lender hereunder, unless the Swingline Lender has entered into satisfactory arrangements with the Borrowers, the other Lenders, or such Defaulting Lender to eliminate the Swingline Lender’s risk with respect to such Defaulting Lender (x) to the extent that after giving effect to such Swing LoanSection 2.20(b)); provided, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders further, that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing make a Swingline Loan shall be a Base Rate Loan and must be repaid in full on the earlier of (i) the funding date of to refinance any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a)outstanding Swingline Loan.

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, agrees to make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived; provided, however, that no Swing Loans shall be made during the period starting on the first Business Day after the receipt by the Swingline Lender of notice from Agent or the Required Revolving Lenders that any condition precedent contained in Section 2.2 is not satisfied and ending on the date all such conditions are satisfied or duly waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Swingline Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Final Revolving Credit Termination Loan Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Swingline Loan (x) to the extent that after giving effect to such Swing Swingline Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Swingline Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Swingline Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of the Revolving Credit Outstandings Exposure would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (ix) the funding date of any Borrowing of Revolving Loans and (iiy) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Restatement Effective Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan that bears interest at the interest rate applicable to Revolving Loans that are Base Rate Loans and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower as a subfacility under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, agrees to make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (ix) the funding date of any Borrowing of Revolving Loans and (iiy) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On the terms and subject to the theSECTION 2.3 conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, shall make loans in Dollars (each each, a “Swing Swingline Loan”) available to the U.S. Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Swingline Loan (x) to the extent that after giving effect to such Swing Loan, Swingline Loan the aggregate Revolving Credit Outstandings would exceed the aggregate amount of the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Swingline Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).68 [[5628733]]

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, agrees to make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender (in its capacity as Swingline Lender) may but shall not be required to otherwise determine that, or take notice whether, whether the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Original Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Restatement Effective Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan Loan, and the Borrow er will not request any S wi ng L oan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Origina l Revolving Credit Outstandings Loans would exceed the Maximum Orig inal Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Original Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan that bears interest at the interest rate applicable to Orig inal Revolving Loans that are Base Rate Loans and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Aggregate Revolving Credit Outstandings Exposure would exceed the Revolving Credit Commitments and Maximum Borrowing Availability, (y) in the Revolving Exposure of any Lender would exceed such Lender’s Revolving Loan Commitment and (z) during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Swingline Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Swingline Loan (xy) to the extent that after giving effect to such Swing Swingline Loan, the aggregate Revolving Outstanding Credit Outstandings Exposure would exceed the Maximum Revolving Credit Commitments Loan Balance and (yz) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Majority Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waivedwaived unless, at the time of such Swingline Loan, there is more than one Lender. Each Swing Swingline Loan shall be a Base Rate Loan and shall not be deemed a “Revolving Loan” and must be repaid in full on the earlier earliest of (ix) the funding date of any Borrowing of Revolving Loans and (iiy) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Swingline Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “"Swing Loan”") available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its the Available Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier of (ix) the funding date of any Borrowing of Revolving Loans (other than Swing Loans made pursuant to the alternate borrowing procedures referred to in subsection 1.1(e)(v)) and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ay), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, shall make loans in Dollars (each each, a “Swing Swingline Loan”) available to the U.S. Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Swingline Loan (x) to the extent that after giving effect to such Swing Swingline Loan, the aggregate Revolving Credit Outstandings would exceed the aggregate amount of the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Swingline Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Swingline Loans repaid may be reborrowed under this clause (a).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, shall make loans in Dollars (each a “Swing Swingline Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Swingline Loan (x) to the extent that after giving effect to such Swing Swingline Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Swingline Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Swingline Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Loan Parties contained in this Agreementherein, the Swingline Swing Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Commitments from time to time on any Business Day during the period from the date hereof until Effective Date through the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Swing Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the Total Revolving Extensions of Credit outstanding at such time would exceed the Total Revolving Commitments in effect at such time, (y) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans and Swing Loans held by the Swing Lender (and if the Swing Lender is not also a Revolving Lender, by each of its Affiliates that is a Revolving Lender) would exceed the Revolving Credit Commitments Commitment of such Swing Lender (and such Affiliates, if any) and (yz) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the ​ ​ ​ ​ Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 5.2 are not satisfied (which notice shall contain a description of any such condition asserted not to be satisfied) and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Swing Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 5.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate ABR Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).. ​

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (aSection 1.1(d)(i), amounts of Swing Loans repaid may be reborrowed under this clause (aSection 1.1(d)(i).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “"Swing Loan”") available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Swingline Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Final Revolving Credit Termination Loan Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Swingline Loan (x) to the extent that after giving effect to such Swing Swingline Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Swingline Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Swingline Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Swingline Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Aggregate Revolving Credit Outstandings Exposure would exceed the Revolving Credit Commitments and Maximum Borrowing Availability, (y) in the Revolving Exposure of any Lender (other than the Lender acting as the Swingline Lender) would exceed such Lender's Revolving Loan Commitment and (z) during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Loan Parties contained in this Agreementherein, the Swingline Swing Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Swing Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the Total Revolving Extensions of Credit outstanding at such time would exceed the Total Revolving Commitments in effect at such time, (y) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans and Swing Loans held by the Swing Lender (and if the Swing Lender is not also a Revolving Lender, by each of its Affiliates that is a Revolving Lender) would exceed the Revolving Credit Commitments Commitment of such Swing Lender (and such Affiliates, if any) and (yz) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Majority Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 5.2 are not satisfied (which notice shall contain a description of any such condition asserted not to be satisfied) and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Swing Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 5.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate ABR Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretiongood faith credit judgment, make loans in Dollars Loans (each a “"Swing Loan”") available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (ix) the funding date of any Borrowing of Revolving Loans and (iiy) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Loan Facility from time to time on any Business Day during the period from the date hereof Third Restatement Effective Date until the Revolving Credit Loan Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, provided that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Loan Outstandings would exceed the Revolving Credit Loan Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Loan Lenders that one or more of the conditions precedent contained in Section 3.2 7.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 7.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Loan Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility Swingline Commitment from time to time on any Business Day during the period from the date hereof until Closing Date through the end of the Revolving Credit Termination Date Loan Commitment Period in an aggregate principal amount at any time outstanding not to exceed its the Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of the Swing Loan and all Revolving Loans, Letter of Credit Outstandings Obligations and any unreimbursed L/C Reimbursement Obligations that have not been converted to a Revolving Loan would exceed the Revolving Credit Commitments Borrowing Base Amount and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained set forth in Section 3.2 are 4.02 have not satisfied and ending when such conditions are FIFTH AMENDED AND RESTATED CREDIT AGREEMENT – Page 52 been satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 4.02 have been satisfied or waived. Each Swing Loan shall must be a Base Rate Loan and repaid as provided herein, but in any event must be repaid in full on the earlier last day of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination DateLoan Commitment Period. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Maximum Revolving Credit Commitments Loan Amount and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to the conditions contained in of this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, shall make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower US Borrowers under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its the Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings principal amount of all Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (iA) the funding date of any Borrowing of Revolving Loans and (iiB) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On the terms and subject to the conditions contained in this Agreement, the Swingline Lender may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to the Borrower Borrowers under the Revolving Credit Facility from time to time on any Business Day during the period from the date hereof Closing Date until the Revolving Credit Termination Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment$30,000,000; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings — Tranche A-1 would exceed the Revolving Credit Commitments Borrowing Availability — Tranche A-1 and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders — Tranche A that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier earliest of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (a), amounts of Swing Loans repaid may be reborrowed under this clause (a).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, will make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Maturity Date in an aggregate principal amount at any time outstanding not to exceed its the Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate amount of all Lenders’ Revolving Credit Outstandings Exposures would exceed the Total Revolving Credit Commitments Commitment then in effect and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 7.01 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 7.01 have been satisfied or waived. Each Swing Loan shall be a Base an Index Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Maturity Date. Within the limits set forth in the first sentence of this clause (ai), amounts of Swing Loans repaid may be reborrowed under this clause (ai).

Availability. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions representations and warranties of the Credit Parties contained in this Agreementherein, the Swingline Lender may, in its sole discretion, make loans in Dollars Loans (each a “Swing Loan”) available to the Borrower under the Revolving Credit Facility Loan Commitments from time to time on any Business Day during the period from the date hereof until Closing Date through the Revolving Credit Termination Final Availability Date in an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, however, that the Swingline Lender may not make any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate principal amount of all Revolving Credit Outstandings Loans would exceed the Maximum Revolving Credit Commitments Loan Balance and (y) in during the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the earlier of (i) the funding date of any Borrowing of Revolving Loans and (ii) the Revolving Credit Termination Date. Within the limits set forth in the first sentence of this clause (aSection 1.1(d)(i), amounts of Swing Loans repaid may be reborrowed under this clause (aSection 1.1(d)(i).