Swing Line Subfacility Clause Samples

Swing Line Subfacility. (a) For the convenience of the parties and as an integral part of the transactions contemplated by the Loan Documents, NationsBank, solely for its own account, may make any requested Loan of $250,000 or a greater integral multiple thereof, subject to those terms and conditions applicable to Loans set forth in CLAUSES (a) and (b) of the first sentence of SECTION 5.2, directly to Borrower as a Swing Line Loan without requiring any other Lender to fund its ratable portion thereof unless and until SECTION 2.2(b) is applicable; provided that: (i) each such Swing Line Loan must occur on a Business Day prior to, and not on or after, the Termination Date; (ii) the aggregate Swing Principal Debt outstanding on any date of determination shall not exceed the Swing Line Commitment; (iii) on any date of determination, the aggregate principal amount of all Loans shall never exceed the aggregate amount of the Commitments of the Lenders; (iv) at the time of such Swing Line Loan, no Default or Event of Default shall have occurred and be continuing; (v) each Swing Line Loan shall be at a rate per annum equal to the lesser of (a) the Money Market Rate, and (b) the Maximum Rate; provided that at any time after Revolving Lenders are deemed to have purchased pursuant to SECTION 2.2(b) a participation in any Swing Line Borrowing, such Borrowing shall bear interest at the Post-Default Rate; and (vi) no additional Swing Line Loan shall be made at any time after any Lender has refused, notwithstanding the requirements of SECTION 2.2(b), to purchase a participation in any Swing Line Loan as provided in such Section, and until such purchase shall occur or until the Swing Line Loan has been repaid. Each Swing Line Loan under the Swing Line Subfacility shall be available and may be prepaid on same day telephonic notice from Borrower to NationsBank, so long as such notice is received by NationsBank prior to 1:00 p.m. Dallas, Texas time. Each Swing Line Loan shall be repaid in full, together with all accrued and unpaid interest thereon, not later than the tenth Business Day after the date on which such Swing Line Loan was funded. (b) If Borrower fails to repay any Swing Line Loan as provided herein (and in any event upon the earlier to occur of a Default or the Termination Date), Administrative Agent shall timely notify each Lender of such failure and of the date and amount not paid. No later than the close of business on the date such notice is given (if such notice was given prior to 1...

Swing Line Subfacility. (a) Subject to the terms and conditions hereof, if necessary to meet Borrower's funding deadlines, Administrative Agent agrees to make Swing Line Loans to Borrower at any time on or prior to the three (3) Business Days prior to the Termination Date, not to exceed an amount at any one time outstanding equal to the lesser of (i) $20,000,000, and (ii) the Unused Commitment. Swing Line Loans shall constitute "Borrowings" for all purposes hereunder, except that Swing Line Loans shall not be considered a utilization of any Lender's Commitment (other than of Administrative Agent). (b) Each request for a Swing Line Loan shall be in the amount of $500,000 or a greater integral multiple of $500,000. Borrower may request a Swing Line Loan by submitting a Notice of Borrowing to Administrative Agent. Such Notice of Borrowing must be received by Administrative Agent no later than 12:00 noon on the Borrowing Date for such Swing Line Loan; provided that Borrower shall have provided telephonic notice to Administrative Agent no later than 11:00 a.m. on the Borrowing Date for such Swing Line Loan. Administrative Agent shall make such Swing Line Loan available to Borrower in Chicago, Illinois at 12:00 noon on such Borrowing Date. (c) Upon the occurrence of a Default or if any Swing Line Loan shall be outstanding for more than fourteen (14) Business Days, Administrative Agent shall, on behalf of Borrower (which hereby irrevocably directs and authorizes Administrative Agent to act on its behalf), request a Base Rate Borrowing (unless Borrower has requested a Eurodollar Borrowing in accordance with the terms of this Agreement) from Lenders (and each Lender shall fund its Pro Rata Share thereof) in an amount sufficient to repay the Principal Debt outstanding under such Swing Line Loan; provided that such Borrowing shall be made notwithstanding Borrower's noncompliance with Section 5. The proceeds of such Borrowing shall be immediately applied to repay such Swing Line Loan. If such Lender does not promptly make such Borrowing upon Administrative Agent's demand therefor, and until such time as such Lender makes the required payment, Administrative Agent shall be deemed to continue to have outstanding its ratable portion of the Principal Debt of such Swing Line Loan in the amount of such unpaid obligation. If, for any reason (including but not limited to the filing of a petition in bankruptcy with respect to Borrower), a Borrowing may not be (as determined by Administrative Agent in...

Swing Line Subfacility. Subject to the terms and conditions hereof, Bank of America, N.A., in its individual capacity (as such, the "Swing Line Lender"), shall, in its sole and absolute discretion from and after the Effective Date until one Business Day prior to the Maturity Date, make swing line loans (each, a "Swing Line Loan" and, collectively, the "Swing Line Loans") to the Borrower; provided, however, that (i) the aggregate principal amount of all Swing Line Loans shall at no time exceed $5,000,000.00 (such amount, the "Swing Line Subfacility"), and (ii) the sum of the aggregate outstanding amount of all Revolving Loans (whether bearing interest at the Applicable ABR Rate or Applicable LIBOR Rate) plus the aggregate outstanding amount of all Swing Line Loans plus the aggregate amount then available to be drawn under all outstanding Standby Letters of Credit shall at no time exceed the Maximum Available Amount.

Swing Line Subfacility. Borrower acknowledges and agrees that the Swing Line Subfacility remains terminated, and Borrower shall not be allowed to request, and Swing Line Lender shall not be obligated to advance, any Swing Line Loans.

Swing Line Subfacility. (i) In addition to its other agreements with respect to the making of Committed Loans, the Swing Line Lender additionally agrees, on the terms and conditions of the Loan Documents (and subject to the Swing Line Lender's discretion, as provided in Section 1.2(b)(ii)(B)), to make Advances to Borrower from time to time, on a same-day basis, on Banking Days during the Swing Line Availability Period that do not fall within the last three (3) Business Days preceding a noticed reduction in the Maximum Loan Amount pursuant to Section 1.1(a), in an aggregate principal amount not exceeding at any one time the lesser of (A) (1) the Committed Loan Availability, less (2) the outstanding principal of all Committed Loans other than Swing Line Borrowings, and (B) Fifty Million Dollars ($50,000,000) (the foregoing subfacility, the "Swing Line"). The Swing Line Lender's obligation to fund Swing Line Borrowings shall be unaffected by its making of any Committed Loans or issuance of Letters of Credit, notwithstanding that the sum of the Swing Line Borrowings plus the Swing Line Lender's Pro Rata Share of the aggregate principal amount of the outstanding Committed Loans and Letter of Credit Exposure, may exceed the Swing Line Lender's Commitment.

Swing Line Subfacility. (a) Notwithstanding anything contained herein to the contrary, SunTrust hereby establishes a subfacility within its Commitment of up to an aggregate of $2,000,000 (the "SWING LINE") to accommodate the short term borrowing needs of the Company. Sections 3.01 and 3.02 shall apply equally to Borrowings made through the Swing Line and Borrowings or Interest Rate Conversions requested or made through Section 2.02. The aggregate amount of all Borrowings under the Swing Line Facility shall not at any time exceed $2,000,000, and to the extent any Borrowing under the Swing Line Facility would cause such a result after giving effect thereto, the Company shall be required to request such Borrowing under Section 2.02(a) hereof. Any Borrowing made by the Company under the Swing Line shall be for a period not to exceed 30 days. (b) Whenever the Company desires to make a Borrowing under the Swing Line, it shall give SunTrust prior written or telephonic notice (promptly confirmed in writing) of any requested Borrowing under the Swing Line (each a "SWING LINE BORROWING NOTICE") prior to 11:00 a.m. (Ft. Lauderdale, Florida time) on the date of such Borrowing. Each Swing Line Borrowing Notice shall specify the aggregate principal amount of the Swing Line Borrowing, the date of such Swing Line Borrowing (which shall be a Business Day) and the interest period to be applicable thereto. SunTrust shall make available to the Company the amount of the Borrowing requested in the Swing Line Borrowing Notice not later than 3:00 p.m. (Ft. Lauderdale, Florida time) on such date, PROVIDED that (i) no Default or Event of Default shall have occurred and be continuing and (ii) the aggregated principle amount of the Swing Line Borrowings, including the requested Borrowing under such Swing Line Borrowing Notice, shall be no greater than $2,000,000. (c) The Company's obligation to pay the principal of, and interest on, the Swing Line Loans shall be evidenced by the records of SunTrust and by the Swing Line Note payable to SunTrust (or its assignee) completed in conformity with this Agreement. (d) The outstanding principal amount under each Swing Line Loan shall be due and payable in full on the Commitment Termination Date. (e) Each Borrowing under the Swing Line shall deemed to be made under SunTrust's Commitment to the extent of any Availability thereunder on the date such Borrowing is made.

Swing Line Subfacility. The Swing Line Lender has established the Swing Line Loan Sublimit Commitment for the Borrowers as a sublimit under the Revolving Loan Commitment. The Borrowings and repayments under the Swing Line Loan Sublimit Commitment shall be pursuant to Section 2.12 hereof. The Swing Line Loan Sublimit Commitment is a part of, and not in addition to, the Revolving Loan Commitment.

Swing Line Subfacility. 30 2.5 Terminations or Reductions of Commitments.................................................. 32 2.6

Swing Line Subfacility. 27 2.6 EXTENSION OF MATURITY DATE.................................... 29 2.7