Common use of Swing Line Lender Clause in Contracts

Swing Line Lender. Notwithstanding anything to the contrary herein, if at any time the Swing Line Lender assigns all of its Revolving Credit Commitments and Revolving Loans pursuant to subsection (a) above and resigns as Administrative Agent pursuant to Section 11.6, the Swing Line Lender may terminate the Swing Line. In the event of any such resignation as L/C Issuer or Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer or Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of Bank of America as L/C Issuer or Swing Line Lender, as the case may be. If Bank of America resigns as L/C Issuer, it shall retain all the rights, powers, privileges and duties of the L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Loans or fund risk participations in unreimbursed amounts pursuant to Section 1.15. If Bank of America resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Loans or fund risk participations in outstanding Swing Loans pursuant to Section 1.15. Upon the appointment of a successor L/C Issuer and/or Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer or Swing Line Lender, as the case may be, and (b) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, outstanding at the time of such succession or make other arrangements satisfactory to Bank of America to effectively assume the obligations of Bank of America with respect to such Letters of Credit.

Swing Line Lender. Notwithstanding anything to the contrary herein, if at any time the Swing Line Lender assigns all of its Revolving Credit Commitments and Revolving Loans pursuant to subsection (a) above and resigns as Administrative Agent pursuant to Section 11.6, the Swing Line Lender may terminate the Swing LineLine Facility. In the event of any such resignation as L/C Issuer or Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer or Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of Bank of America as L/C Issuer or Swing Line Lender, as the case may be. If Bank of America resigns as L/C Issuer, it shall retain all the rights, powers, privileges and duties of the L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Loans or fund risk participations in unreimbursed amounts pursuant to Section 1.15). If Bank of America resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Loans or fund risk participations in outstanding Swing Loans pursuant to Section 1.15. Upon the appointment of a successor L/C Issuer and/or Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer or Swing Line Lender, as the case may be, and (b) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, outstanding at the time of such succession or make other arrangements satisfactory to Bank of America to effectively assume the obligations of Bank of America with respect to such Letters of Credit.

Swing Line Lender. Notwithstanding anything If the existing Swing Line Lender (the "Existing Swing Line Lender") is unable or unwilling to make Offered Rate Advances to the contrary hereinBorrower, if at any time the Borrower may, upon the satisfaction of the following conditions, designate a new Swing Line Lender to replace the Existing Swing Line Lender: (i) the Borrower shall provide written notice to the Agent and the Lenders, including the Existing Swing Line Lender, of its intention to proceed under this paragraph (e), which notice shall include (i) the identity of the lending institution selected by the Borrower to be the new Swing Line Lender (the "New Swing Line Lender") and (ii) the date upon which the Borrower intends to effect the replacement of the Existing Swing Line Lender (the "Swing Line Lender Replacement Date"); and (ii) the Borrower shall, on or prior to the Swing Line Lender assigns Replacement Date, repay in full all outstanding Swing Line Loans, together with all accrued and unpaid interest thereon, and all other amounts owing to the Existing Swing Line Lender hereunder relating to its Swing Line Loans. Upon the satisfaction of its Revolving Credit Commitments the foregoing conditions and Revolving Loans pursuant upon the consummation of the amendment to subsection this Agreement referred to in the next sentence, (ax) above and resigns as Administrative Agent pursuant to Section 11.6, the Swing Line Lender may Commitment shall terminate as to the Swing Line. In the event of any such resignation as L/C Issuer or Existing Swing Line Lender, ; (y) the Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer or Existing Swing Line Lender hereunder; provided, however, that no failure by shall cancel the outstanding Swing Line Note and return it to the Borrower to appoint any such successor shall affect and (z) the resignation of Bank of America as L/C Issuer or New Swing Line Lender, as the case may be. If Bank of America resigns as L/C Issuer, it Lender shall retain replace and become vested with all the rights, powers, privileges and duties of the L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Loans or fund risk participations in unreimbursed amounts pursuant to Section 1.15. If Bank of America resigns as existing Swing Line LenderLender under this Agreement. Before the new Swing Line Commitment can become effective, it shall retain all will be necessary to amend the rights provisions of this Agreement relating to the relationship of the Swing Line Lender provided for hereunder with respect Commitment to Swing Loans made by it and outstanding as the Revolving Credit Commitment of the effective date of such resignation, including the right to require the Lenders to make Base Rate Loans or fund risk participations in outstanding Swing Loans pursuant to Section 1.15. Upon the appointment of a successor L/C Issuer and/or Existing Swing Line Lender, (a) . The Lenders and the Borrower covenant and agree to negotiate such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer or Swing Line Lender, as the case may be, and (b) the successor L/C Issuer shall issue letters of credit amendment in substitution for the Letters of Credit, if any, outstanding at the time of such succession or make other arrangements satisfactory to Bank of America to effectively assume the obligations of Bank of America with respect to such Letters of Creditgood faith.

Swing Line Lender. (a) Notwithstanding anything to the contrary contained herein, if at any time the Swing Line Lender Bank of America assigns all of its U.S. Revolving A Credit Commitments Commitment and Revolving U.S. Loans pursuant to subsection (ab) above above, Bank of America may, (i) upon 30 days’ notice to U.S. Borrower and resigns U.S. Lenders, resign as Administrative Agent pursuant U.S. L/C Issuer and/or (ii) upon 30 days’ notice to Section 11.6U.S. Borrower, the resign as U.S. Swing Line Lender may terminate the Swing LineLender. In the event of any such resignation as U.S. L/C Issuer or U.S. Swing Line Lender, the U.S. Borrower shall be entitled to appoint from among the Lenders a successor U.S. L/C Issuer or U.S. Swing Line Lender hereunder; provided, however, that no failure by the U.S. Borrower to appoint any such successor shall affect the resignation of Bank of America as U.S. L/C Issuer or U.S. Swing Line Lender, as the case may be. If Bank of America resigns as U.S. L/C Issuer, it shall retain all the rights, powers, privileges and duties of the U.S. L/C Issuer hereunder with respect to all U.S. Letters of Credit outstanding as of the effective date of its resignation as U.S. L/C Issuer and all U.S. L/C Obligations with respect thereto (including the right to require the U.S. Lenders to make Base Rate Committed Loans or fund risk participations in unreimbursed amounts Unreimbursed Amounts pursuant to Section 1.152.04(c)). If Bank of America resigns as U.S. Swing Line Lender, it shall retain all the rights of the U.S. Swing Line Lender provided for hereunder with respect to U.S. Swing Line Loans made by it and outstanding as of the effective date of such resignation, including the right to require the U.S. Revolving A Credit Lenders to make Base Rate Committed Loans or fund risk participations in outstanding U.S. Swing Line Loans pursuant to Section 1.152.05(c). Upon the appointment of a successor U.S. L/C Issuer and/or U.S. Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring U.S. L/C Issuer or U.S. Swing Line Lender, as the case may be, and (b) the successor U.S. L/C Issuer shall issue letters of credit in substitution for the U.S. Letters of Credit, if any, outstanding at the time of such succession or make other arrangements satisfactory to Bank of America to effectively assume the obligations of Bank of America with respect to such U.S. Letters of Credit.