Making of Swing Loans. Promptly after (in the case of Swing Loans which are Domestic Loans) or two Business Days after (in the case of Swing Loans which are Multicurrency Loans) receipt of a Notice of Borrowing pursuant to Section 2.01(b) (or telephonic notice in lieu thereof), the Swing Loan Bank shall make the proceeds of the Swing Loans it intends to fund, if any, available to the relevant Borrower at the Administrative Agent's office in New York, New York, with respect to Swing Loans denominated in Dollars, or London, England, with respect to Swing Loans denominated in an Optional Currency, on the Funding Date of the proposed Borrowing and the Administrative Agent shall disburse such proceeds to the Disbursement Account referred to in the applicable Notice of Borrowing. The Swing Loan Bank shall have no duty to make or to continue to make Swing Loans. The Swing Loan Bank shall not make any Swing Loan in the period commencing on the first Business Day after it receives written notice from any Lender that one or more of the conditions precedent contained in Section 5.02 shall not on such date be satisfied, and ending when such conditions are satisfied, and the Swing Loan Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.02 hereof have been satisfied in connection with the making of any Swing Loan.
Appears in 3 contracts
Sources: Credit Agreement (Donna Karan International Inc), Credit Agreement (Donna Karan International Inc), Credit Agreement (Donna Karan International Inc)