Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender may, at the Borrower’s request and in the Swing Line Lender’s sole discretion and without conferring with the Lenders, make Revolving Credit Loans (each, a “Swing Line Loan”) to the Borrower in an amount requested by the Borrower provided, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $1,000,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $20,000,000 at any one time. The Borrower hereby requests and authorizes the Swing Line Lender to make from time to time such Swing Line Loans as may be so requested. The Borrower acknowledges and agrees that the making of such Swing Line Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 (in the case of Swing Line Loans made on the Closing Date) and Section 12 be satisfied. All actions taken by the Swing Line Lender pursuant to the provisions of this Section 2.6.2 shall be conclusive and binding on the Borrower and the Lenders absent the Swing Line Lender's gross negligence or willful misconduct.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)
Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 (but subject to the second proviso of this sentence) but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender may, at the Borrower’s request and in the Swing Line Lender’s its sole discretion and without conferring with the Lenders, make Revolving Credit Loans (each, a “Swing Line Loan”) in Dollars to the Borrower Hexcel in an amount as otherwise requested by Hexcel (each a "SWING LINE LOAN"); PROVIDED that the Borrower provided, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $1,000,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate all outstanding amount of all Swing Line Loans advances made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $20,000,000 at any one time. The Borrower hereby requests and authorizes 11,500,000; PROVIDED FURTHER that the advance of Swing Line Loans by the Swing Line Lender to make from time to time such shall not reduce the Swing Line Loans as may be so requestedLender's obligation to lend its Commitment Percentage of the Excess Availability hereunder. The Borrower Hexcel acknowledges and agrees that the making of such Swing Line Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 10 (in the case of Swing Line Loans made on the Closing Date) and Section 12 11 be satisfied. All actions taken by the Swing Line Lender pursuant to the provisions of this Section 2.6.2 shall be conclusive and binding on the Borrower Hexcel and the Lenders absent the Swing Line Lender's gross negligence or willful misconduct. Swing Line Loans made pursuant to this Section 2.6.2 to Hexcel shall be Base Rate Loans and, prior to a Settlement, interest on such Swing Line Loans shall be for the account of the Swing Line Lender.
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Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender may, at the Borrower’s 's request and in the Swing Line Lender’s 's sole discretion and without conferring with the Lenders, make Revolving Credit Loans (each, each a “"Swing Line Loan”") to the Borrower in an amount requested by the Borrower provided, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $1,000,000 500,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $20,000,000 10,000,000 at any one time. The Borrower hereby requests and authorizes the Swing Line Lender to make from time to time such Swing Line Loans as may be so requested. The Borrower acknowledges and agrees that the making of such Swing Line Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 (in the case of Swing Line Loans made on the Closing Date) and Section 12 be satisfied. All actions taken by the Swing Line Lender pursuant to the provisions of this Section 2.6.2 shall be conclusive and binding on the Borrower and the Lenders absent the Swing Line Lender's gross negligence or willful misconduct.
Appears in 1 contract
Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section §2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Administrative Agent may, at the Borrower’s request and in the Swing Line Lender’s its sole discretion and without conferring with the Lenders, make Revolving Credit Loans to the Borrowers (each, a a) by entry of credits to the Borrowers’ operating account (the “Swing Line LoanOperating Account”) with the Administrative Agent to cover checks or other charges which the Borrower Borrowers have drawn or made against such account or (b) in an amount as otherwise requested by the Borrower provideda Borrower, that (a) in each such Swing Line Loan shall be in a minimum case up to an aggregate amount of $1,000,000 or an integral multiple of $100,000 in excess thereof, and outstanding (bafter giving effect to all amounts requested) the aggregate outstanding amount of all Swing Line Loans made by at any one time not to exceed the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $20,000,000 at any one timeSublimit. The Borrower Borrowers hereby requests request and authorizes authorize the Swing Line Lender Administrative Agent to make from time to time such Swing Line Revolving Credit Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges Borrowers acknowledge and agrees agree that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section §2.1 and the requirements that the applicable provisions of Section 11 §12 (in the case of Swing Line Revolving Credit Loans made on the Closing Effective Date) and Section 12 §13 be satisfied. All actions taken by the Swing Line Lender Administrative Agent pursuant to the provisions of this Section §2.6.2 shall be conclusive and binding on the Borrower Borrowers and the Lenders absent the Swing Line Lender's Administrative Agent’s gross negligence or willful misconduct. Revolving Credit Loans made pursuant to this §2.6.2 shall be Base Rate Loans until converted in accordance with the provisions of the Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Administrative Agent. Each Revolving Credit Loan made by the Administrative Agent to the Borrowers under this §2.6 shall be in a minimum aggregate amount of $100,000. Each Lender severally agrees that it shall be absolutely liable, without regard to the occurrence of any Default or Event of Default or any other condition precedent whatsoever, to the extent of such Lender’s Commitment Percentage of any Revolving Credit Loan made by the Administrative Agent under this §2.6.2.
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Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Administrative Agent may, at the Borrower’s request and in the Swing Line Lender’s its sole discretion and without conferring with the Lenders, make Revolving Credit Loans (each, a “Swing Line Loan”) to the Borrower Borrowers (a) by entry of credits to the Borrowers' operating account (the "Operating Account") with the Administrative Agent to cover checks or other charges which the Borrowers have drawn or made against such account or (b) in an amount as otherwise requested by the Borrower provideda Borrower, that (a) in each such Swing Line Loan shall be in a minimum case up to an aggregate amount of $1,000,000 or an integral multiple of $100,000 in excess thereof, and outstanding (bafter giving effect to all amounts requested) the aggregate outstanding amount of all Swing Line Loans made by at any one time not to exceed the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $20,000,000 at any one timeSublimit. The Borrower Borrowers hereby requests request and authorizes authorize the Swing Line Lender Administrative Agent to make from time to time such Swing Line Revolving Credit Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Borrower acknowledges Borrowers acknowledge and agrees agree that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 13 (in the case of Swing Line Revolving Credit Loans made on the Closing Date) and Section 12 14 be satisfied. All actions taken by the Swing Line Lender Administrative Agent pursuant to the provisions of this Section 2.6.2 shall be conclusive and binding on the Borrower Borrowers and the Lenders absent the Swing Line LenderAdministrative Agent's gross negligence or willful misconduct. Revolving Credit Loans made pursuant to this Section 2.6.2 shall be Base Rate Loans until converted in accordance with the provisions of the Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Administrative Agent. Each Revolving Credit Loan made by the Administrative Agent to the Borrowers under this Section 2.6 shall be in a minimum aggregate amount of $100,000. Each Lender severally agrees that it shall be absolutely liable, without regard to the occurrence of any Default or Event of Default or any other condition precedent whatsoever, to the extent of such Lender's Commitment Percentage of any Revolving Credit Loan made by the Administrative Agent under this Section 2.6.2.
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Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section ss.
2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Bank may, at the Borrower’s request and in the Swing Line Lender’s its sole discretion and without conferring with the LendersBanks, make Revolving Credit Loans (each, a “Swing Line Loan”) to the Borrower Domestic Borrowers (a) by entry of credits to the Domestic Borrowers' operating account (the "Operating Account') maintained with the Agent to cover checks or other charges which the Domestic Borrowers have drawn or made against such account or (b) in an amount as otherwise requested by any of the Borrower Domestic Borrowers, provided, however, that (a) each such Swing Line Loan shall be in a minimum the aggregate amount of $1,000,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans advances made by the Swing Line Lender pursuant to this Section 2.6.2 ss.2.6.2 shall not exceed $20,000,000 10,000,000 at any one timetime outstanding (each a "Swing Line Loan"). The Each Domestic Borrower hereby requests and authorizes the Swing Line Lender Bank to make from time to time such Swing Line Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requested. The Each Domestic Borrower acknowledges and agrees that the making of such Swing Line Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan Request including, without limitation, the limitations set forth in Section 2.1 ss.2.1 and the requirements that the applicable provisions of Section 11 ss.11 (in the case of Swing Line Loans made on the Closing Date) and Section 12 ss.12 be satisfied. All actions taken by the Swing Line Lender Bank pursuant to the provisions of this Section 2.6.2 ss.2.6.2 shall be conclusive and binding on the Borrower Domestic Borrowers and the Lenders Banks absent the Swing Line LenderBank's gross negligence or willful misconduct. Swing Line Loans made pursuant to this ss.
2.6.2 shall be Base Rate Loans denominated in Dollars until converted in accordance with the provisions of the Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Swing Line Bank.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Holmes Products Corp)
Swing Line. Notwithstanding the notice and minimum amount requirements set forth in Section 2.6.1 but otherwise in accordance with the terms and conditions of this Credit Agreement, the Swing Line Lender Administrative Agent may, at the Borrower’s request and in the Swing Line Lender’s its sole discretion and without conferring with the Lenders, make Revolving Credit Loans (each, a “Swing Line Loan”) to the Borrower (a) by entry of credits to the Borrower's operating account, as such operating account number is delivered to the Administrative Agent from time to time (the "OPERATING ACCOUNT") with the Administrative Agent to cover checks or other charges which the Borrower has drawn or made against such account or (b) in an amount as otherwise requested by the Borrower provided, that (a) each such Swing Line Loan shall be in a minimum aggregate amount of $1,000,000 or an integral multiple of $100,000 in excess thereof, and (b) the aggregate outstanding amount of all Swing Line Loans made by the Swing Line Lender pursuant to this Section 2.6.2 shall not exceed $20,000,000 at any one timeBorrower. The Borrower hereby requests and authorizes the Swing Line Lender Administrative Agent to make from time to time such Swing Line Revolving Credit Loans by means of appropriate entries of such credits sufficient to cover checks and other charges then presented for payment from the Operating Account or as may be otherwise so requestedrequested in an amount not to exceed $2,000,000. The Borrower acknowledges and agrees that the making of such Swing Line Revolving Credit Loans shall, in each case, be subject in all respects to the provisions of this Credit Agreement as if they were Swing Line Revolving Credit Loans covered by a Loan and Letter of Credit Request including, without limitation, the limitations set forth in Section 2.1 and the requirements that the applicable provisions of Section 11 (in the case of Swing Line Revolving Credit Loans made on the Closing Date) and Section 12 be satisfied. All actions taken by the Swing Line Lender Administrative Agent pursuant to the provisions of this Section 2.6.2 shall be conclusive and binding on the Borrower and the Lenders absent the Swing Line LenderAdministrative Agent's gross negligence or willful misconduct. Revolving Credit Loans made pursuant to this Section 2.6.2 shall be Base Rate Loans until converted in accordance with the provisions of the Credit Agreement and, prior to a Settlement, such interest shall be for the account of the Administrative Agent.
Appears in 1 contract
Sources: Revolving Credit Agreement (Friendly Ice Cream Corp)