Common use of Swingline Borrowings Clause in Contracts

Swingline Borrowings. Whenever a Revolving Borrower desires that the Swingline Lender make a Swingline Loan, the Borrower Representative (on behalf of the applicable Revolving Borrower) shall give the Swingline Lender irrevocable facsimile notice (which facsimile notice must be received by the Swingline Lender not later than 1:00 p.m. (New York City time) on the proposed Borrowing Date) confirmed promptly in writing substantially in the form of Exhibit L or such other form as approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) (a “Swingline Loan Notice”), appropriately completed and signed by a Responsible Officer of the Borrower Representative, specifying (i) the amount to be borrowed and (ii) the requested Borrowing Date (which shall be a Business Day during the Revolving Commitment Period). Promptly after receipt by the Swingline Lender of any Swingline Loan Notice, the Swingline Lender will confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has also received such Swingline Loan Notice and, if not, the Swingline Lender will notify the Administrative Agent (by telephone or in writing) of the contents thereof. Each borrowing under the Swingline Commitment shall be in an amount equal to $1,000,000 or a whole multiple of $500,000 in excess thereof. Unless the Swingline Lender has received notice (by telephone or in writing) from the Administrative Agent (including at the request of any Revolving Lender) prior to 2:00 p.m. on the date of the proposed Swingline Borrowing (A) directing the Swingline Lender not to make such Swingline Loan as a result of the limitations set forth in the first proviso to the first sentence of Section 2.6(a), or (B) that one or more of the applicable conditions specified in Section 5.2 is not then satisfied, then, subject to the terms and conditions hereof, the Swingline Lender will, not later than 3:00 p.m. on the borrowing date specified in such Swingline Loan Notice, make the amount of its Swingline Loan available to the Borrower Representative (or the applicable Revolving Borrower specified in the notice of Borrowing) in an amount in immediately available funds equal to the amount of the Swingline Loan to be made by the Swingline Lender by crediting such account on the books of the Swingline Lender in immediately available funds or by wire transfer as is designated in writing to the Swingline Lender by the Borrower Representative

Swingline Borrowings. Whenever a Revolving Borrower desires that the Swingline Lender make a Swingline Loan, the Borrower Representative (on behalf of the applicable Revolving Borrower) shall give the Swingline Lender irrevocable facsimile notice (which facsimile notice must be received by the Swingline Lender not later than 1:00 p.m. (New York City time) on the proposed Borrowing Date) confirmed promptly in writing substantially in the form of Exhibit L or such other form as approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) (a “Swingline Loan Notice”), appropriately completed and signed by a Responsible Officer of the Borrower Representative, specifying (i) the amount to be borrowed and (ii) the requested Borrowing Date (which shall be a Business Day during the Revolving Commitment Period). Promptly after receipt by the Swingline Lender of any Swingline Loan Notice, the Swingline Lender will confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has also received such Swingline Loan Notice and, if not, the Swingline Lender will notify the Administrative Agent (by telephone or in writing) of the contents thereof. Each borrowing under the Swingline Commitment shall be in an amount equal to $1,000,000 or a whole multiple of $500,000 in excess thereof. Unless the Swingline Lender has received notice (by telephone or in writing) from the Administrative Agent (including at the request of any Revolving Lender) prior to 2:00 p.m. on the date of the proposed Swingline Borrowing (A) directing the Swingline Lender not to make such Swingline Loan as a result of the limitations set forth in the first proviso to the first sentence of Section 2.6(a‎2.6(a), or (B) that one or more of the applicable conditions specified in Section 5.2 ‎5.2 is not then satisfied, then, subject to the terms and conditions hereof, the Swingline Lender will, not later than 3:00 p.m. on the borrowing date specified in such Swingline Loan Notice, make the amount of its Swingline Loan available to the Borrower Representative (or the applicable Revolving Borrower specified in the notice of Borrowing) in an amount in immediately available funds equal to the amount of the Swingline Loan to be made by the Swingline Lender by crediting such account on the books of the Swingline Lender in immediately available funds or by wire transfer as is designated in writing to the Swingline Lender by the Borrower Representative

Swingline Borrowings. Whenever a Revolving The Borrower desires that shall give the Administrative Agent and the Swingline Lender make a advance notice as hereinafter provided of each Borrowing of Swingline LoanLoans hereunder (each such Borrowing, the Borrower Representative (on behalf of the applicable Revolving Borrower) shall give the Swingline Lender irrevocable facsimile notice (which facsimile notice must be received by the Swingline Lender not later than 1:00 p.m. (New York City time) on the proposed Borrowing Date) confirmed promptly in writing substantially in the form of Exhibit L or such other form as approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) (a “Swingline Loan NoticeBorrowing”), appropriately completed and signed by a Responsible Officer of the Borrower Representative, specifying (i) which shall specify the amount to be borrowed of such Swingline Borrowing and (ii) the requested Borrowing Date date (which shall be a Business Day during Day) of the Revolving Commitment Period)Swingline Loans to be borrowed. Promptly after receipt by All Swingline Borrowings shall be in amounts of at least $500,000 or the remaining balance of Swingline Sublimit, if less, or any whole multiple of $250,000 in excess thereof. All Swingline Borrowings shall require advance written notice to the Administrative Agent and the Swingline Lender in the form of Exhibit B-2 hereto (or telephonic notice promptly confirmed by such a written notice), which in each case shall be irrevocable, from the Borrower to be received by the Administrative Agent not later than 1:00 p.m. Houston, Texas time on the date of such Swingline Borrowing. Without in any way limiting the Borrower’s obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each such case, the Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic notice except in the case of gross negligence or willful misconduct by the Administrative Agent. Not later than 2:00 p.m. Houston, Texas time on the date specified for each Swingline Loan NoticeBorrowing hereunder, the Swingline Lender will confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has also received such Swingline Loan Notice and, if not, the Swingline Lender will notify the Administrative Agent (by telephone or in writing) of the contents thereof. Each borrowing under the Swingline Commitment shall be in an amount equal to $1,000,000 or a whole multiple of $500,000 in excess thereof. Unless the Swingline Lender has received notice (by telephone or in writing) from the Administrative Agent (including at the request of any Revolving Lender) prior to 2:00 p.m. on the date of the proposed Swingline Borrowing (A) directing the Swingline Lender not to make such Swingline Loan as a result of the limitations set forth in the first proviso to the first sentence of Section 2.6(a), or (B) that one or more of the applicable conditions specified in Section 5.2 is not then satisfied, then, subject to the terms and conditions hereof, the Swingline Lender will, not later than 3:00 p.m. on the borrowing date specified in such Swingline Loan Notice, make the amount of its Swingline Loan available to the Borrower Representative (or the applicable Revolving Borrower specified in the notice of Borrowing) in an amount in immediately available funds equal to the amount of the Swingline Loan to be made by it on such date by depositing the same, in immediately available funds, in an account of the Borrower, designated by the Borrower. Immediately upon the making of a Swingline Loan, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender by crediting a risk participation in such account on the books of the Swingline Lender Loan in immediately available funds or by wire transfer as is designated in writing an amount equal to the product of such Lender’s Percentage Share of such Swingline Lender by the Borrower RepresentativeLoan.

Swingline Borrowings. Whenever The Parent Borrower or the U.S. Borrower (as applicable) shall request a Revolving Borrower desires that Swingline Loan by way of an overdraft in the applicable Borrower's Accounts opened for such purpose with the Canadian Swingline Lender make a or the U.S. Swingline LoanLender (as applicable), accompanied, in the Borrower Representative (on behalf case of the applicable Revolving Borrower) shall give the U.S. Swingline Lender irrevocable facsimile Loans only, by notice (which facsimile notice must be received by the Swingline Lender not later than 1:00 p.m. (New York City York) time or Montreal, Quebec, time as applicable) of the date of each Swingline Borrowing by telephone followed by facsimile, up to a maximum outstanding amount of such overdraft not exceeding the Canadian Swingline Committed Amount or the U.S. Swingline Committed Amount, as the case may be. Any check, payment instruction or debit authorization drawn on or made to the relevant Swingline Lender from the relevant Borrower resulting in an overdraft in any such account will be deemed to be a request (a "SWINGLINE LOAN REQUEST") for such Swingline Loan in an amount that is sufficient to cover such overdraft. Each Canadian Swingline Loan shall be made as either a C$ Prime Loan or a U.S. Dollar Denominated Base Rate Loan and each U.S. Swingline Loan shall be made as a U.S. Dollar Denominated Base Rate Loan. Subject to SECTION 2.0l(d)(iii), each Swingline Loan shall have such maturity date as agreed to by the relevant Swingline Lender and the Parent Borrower or the U.S. Borrower (as the case may be) upon receipt by the relevant Swingline Lender of the Swingline Loan Request from the Parent Borrower or the U.S. Borrower (as the case may be). Notwithstanding the foregoing the notice required in the first sentence of this SECTION 2.02(b) shall not be required at any time after all of the cash management agreements, including all treasury, depositary, overdraft, credit or debit card, electronic funds transfer and other cash management arrangements, in connection with the Senior Finance Documents have been concentrated under Bank of America, N.A. or its Affiliate, Fleet National Bank. (c) BORROWINGS OF C$ PRIME LOANS OTHER THAN CANADIAN SWINGLINE LOANS. The Parent Borrower shall give the Canadian Administrative Agent a Notice of Borrowing no later than 10:00 A.M. (Montreal, Canada time) on the proposed one Business Day prior to each Borrowing Date) confirmed promptly in writing substantially in the form of Exhibit L or C$ Prime Loans. Each such other form as approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as Notice of Borrowing shall be approved by the Administrative Agent) irrevocable and shall specify: (a “Swingline Loan Notice”), appropriately completed and signed by a Responsible Officer of the Borrower Representative, specifying (iA) the amount to be borrowed and (ii) the requested Borrowing Date (date of such Borrowing, which shall be a Business Day during the Revolving Commitment Period). Promptly after receipt by the Swingline Lender of any Swingline Loan Notice, the Swingline Lender will confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has also received such Swingline Loan Notice Day; and, if not, the Swingline Lender will notify the Administrative Agent (by telephone or in writing) of the contents thereof. Each borrowing under the Swingline Commitment shall be in an amount equal to $1,000,000 or a whole multiple of $500,000 in excess thereof. Unless the Swingline Lender has received notice (by telephone or in writing) from the Administrative Agent (including at the request of any Revolving Lender) prior to 2:00 p.m. on the date of the proposed Swingline Borrowing (A) directing the Swingline Lender not to make such Swingline Loan as a result of the limitations set forth in the first proviso to the first sentence of Section 2.6(a), or (B) that one or more of the applicable conditions specified in Section 5.2 is not then satisfied, then, subject to the terms and conditions hereof, the Swingline Lender will, not later than 3:00 p.m. on the borrowing date specified in such Swingline Loan Notice, make the aggregate principal amount of its Swingline Loan available to the Borrower Representative (or the applicable Revolving Borrower specified in the notice of such Borrowing) in an amount in immediately available funds equal to the amount of the Swingline Loan to be made by the Swingline Lender by crediting such account on the books of the Swingline Lender in immediately available funds or by wire transfer as is designated in writing to the Swingline Lender by the Borrower Representative.

Swingline Borrowings. Whenever a (a) During the -------------------- Revolving Borrower desires Credit Period, each Swingline Bank severally agrees, on the terms and subject to the conditions set forth in this Agreement, to lend to the Company or to one or more Eligible Subsidiaries from time to time Swingline Loans in U.S. Dollars; provided that (i) the aggregate principal amount of -------- Swingline Lender Loans at any one time outstanding shall not exceed the lesser of (x) $300,000,000 and (y) the Total Commitment at such time less the sum of the aggregate principal amount of Loans outstanding at such time plus the ---- total LC Exposure at such time; provided that no Swingline Bank shall be -------- required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits, the Borrower Representative Borrowers may borrow under this Section, repay, and, to the extent permitted under Section 2.13, prepay and reborrow under this Section at any time during the Revolving Credit Period. (on behalf of the applicable Revolving Borrowerb) The Company shall give the Swingline Lender irrevocable facsimile notice (which facsimile notice must be received by a "Notice of Swingline ------------------- Borrowing") to the Swingline Lender Administrative Agent not later than 1:00 p.m. 2:00 P.M. --------- (New York City time) on the proposed date of each proposed Swingline Borrowing. Each Notice of Swingline Borrowing Date) confirmed promptly in writing substantially in the form of Exhibit L or such other form as approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) (a “Swingline Loan Notice”), appropriately completed and signed by a Responsible Officer of the Borrower Representative, specifying specify: (i) the amount to date of such Borrowing, which shall be borrowed and a Domestic Business Day, (ii) the requested Borrowing Date (aggregate amount of such Borrowing, which shall be a Business Day during the Revolving Commitment Period). Promptly after receipt by the Swingline Lender an aggregate principal amount of $10,000,000 or any Swingline Loan Notice, the Swingline Lender will confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has also received such Swingline Loan Notice and, if not, the Swingline Lender will notify the Administrative Agent (by telephone or in writing) of the contents thereof. Each borrowing under the Swingline Commitment shall be in an amount equal to $1,000,000 or a whole larger multiple of $500,000 1,000,000 (except that any such Borrowing may be in excess thereof. Unless the aggregate amount of the unused Total Commitment), (iii) the duration of the Interest Period applicable to such Borrowing, subject to the provisions of the definition of Interest Period, (iv) if the Borrower of such Borrowing is not the Company, the name of the Eligible Subsidiary that will be the Borrower of such Borrowing, and (v) the Swingline Lender has received notice (by telephone or in writing) from Bank that the Administrative Agent (including at the request of any Revolving Lender) prior to 2:00 p.m. on the date of the proposed Swingline Borrowing (A) directing the Swingline Lender not Company proposes to make such Swingline Loan as a result of the limitations set forth in the first proviso to the first sentence of Section 2.6(a), or (B) that one or more of the applicable conditions specified in Section 5.2 is not then satisfied, then, subject to the terms and conditions hereof, the Swingline Lender will, not later than 3:00 p.m. on the borrowing date specified in such Swingline Loan Notice, make the amount of its Swingline Loan available to the Borrower Representative (or the applicable Revolving Borrower specified in the notice of Borrowing) in an amount in immediately available funds equal to the amount of the Swingline Loan to be made by the Swingline Lender by crediting such account on the books of the Swingline Lender in immediately available funds or by wire transfer as is designated in writing to the Swingline Lender by the Borrower Representative.

Swingline Borrowings. Whenever a (a) During the -------------------- Revolving Borrower desires Credit Period, each Swingline Bank severally agrees, on the terms and subject to the conditions set forth in this Agreement, to lend to the Company or to one or more Eligible Subsidiaries from time to time Swingline Loans in U.S. Dollars; provided that (i) the aggregate principal amount of -------- such Swingline Lender Loans at any one time outstanding shall not exceed the lesser of (x) $300,000,000 and (y) the Total Commitment at such time less the sum of the aggregate principal amount of Loans outstanding at such time plus the ---- total LC Exposure at such time; provided that no Swingline Bank shall be -------- required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits, the Borrower Representative Borrowers may borrow under this Section, repay, and, to the extent permitted under Section 2.13, prepay and reborrow under this Section at any time during the Revolving Credit Period. (on behalf of the applicable Revolving Borrowerb) The Company shall give the Swingline Lender irrevocable facsimile notice (which facsimile notice must be received by a "Notice of Swingline ------------------- Borrowing") to the Swingline Lender Administrative Agent not later than 1:00 p.m. 2:00 P.M. (New York --------- City time) on the proposed date of each proposed Swingline Borrowing. Each Notice of Swingline Borrowing Date) confirmed promptly in writing substantially in the form of Exhibit L or such other form as approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) (a “Swingline Loan Notice”), appropriately completed and signed by a Responsible Officer of the Borrower Representative, specifying specify: (i) the amount to date of such Borrowing, which shall be borrowed and a Domestic Business Day, (ii) the requested Borrowing Date (aggregate amount of such Borrowing, which shall be a Business Day during the Revolving Commitment Period). Promptly after receipt by the Swingline Lender an aggregate principal amount of $10,000,000 or any Swingline Loan Notice, the Swingline Lender will confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has also received such Swingline Loan Notice and, if not, the Swingline Lender will notify the Administrative Agent (by telephone or in writing) of the contents thereof. Each borrowing under the Swingline Commitment shall be in an amount equal to $1,000,000 or a whole larger multiple of $500,000 1,000,000 (except that any such Borrowing may be in excess thereof. Unless the Swingline Lender has received notice (by telephone or in writing) from the Administrative Agent (including at the request of any Revolving Lender) prior to 2:00 p.m. on the date aggregate amount of the proposed Swingline Borrowing unused Total Commitment), (Aiii) directing the Swingline Lender not to make such Swingline Loan as a result duration of the limitations set forth in the first proviso Interest Period applicable to the first sentence of Section 2.6(a), or (B) that one or more of the applicable conditions specified in Section 5.2 is not then satisfied, thensuch Borrowing, subject to the terms and conditions hereofprovisions of the definition of Interest Period, and (iv) if the Borrower of such Borrowing is not the Company, the Swingline Lender will, not later than 3:00 p.m. on name of the borrowing date specified in such Swingline Loan Notice, make the amount of its Swingline Loan available to Eligible Subsidiary that will be the Borrower Representative (or the applicable Revolving Borrower specified in the notice of such Borrowing) in an amount in immediately available funds equal to the amount of the Swingline Loan to be made by the Swingline Lender by crediting such account on the books of the Swingline Lender in immediately available funds or by wire transfer as is designated in writing to the Swingline Lender by the Borrower Representative.

Swingline Borrowings. Whenever a Revolving Borrower desires that Subject to the terms and conditions set forth herein, the Swingline Lender Lender, in reliance upon the agreements of the Revolving Credit Lenders set forth in this Section 2.04, shall make loans in Dollars (each such loan, a “Swingline Loan”) to the Borrower from time to time on any Business Day (other than the Closing Date) until the Maturity Date for the Revolving Credit Facility in an aggregate amount not to exceed at any time outstanding the Swingline Sublimit; provided, however, that after giving effect to any Swingline Loan, the Borrower Representative (on behalf of the applicable Revolving Borrower) shall give the Swingline Lender irrevocable facsimile notice (which facsimile notice must be received by the Swingline Lender not later than 1:00 p.m. (New York City time) on the proposed Borrowing Date) confirmed promptly in writing substantially in the form of Exhibit L or such other form as approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) (a “Swingline Loan Notice”), appropriately completed and signed by a Responsible Officer of the Borrower Representative, specifying (i) the Total Revolving Credit Outstandings shall not exceed the aggregate amount to be borrowed of the Revolving Credit Commitments and (ii) the requested Borrowing Date (which shall be a Business Day during aggregate Outstanding Amount of the Revolving Commitment Period). Promptly after receipt by Credit Loans of any Revolving Credit Lender, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations at such time, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all Swingline Lender Loans at such time shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment; provided further, that the Borrower shall not use the proceeds of any Swingline Loan Noticeto refinance any outstanding Swingline Loan. Within the foregoing limits, the Swingline Lender will confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has also received such Swingline Loan Notice and, if not, the Swingline Lender will notify the Administrative Agent (by telephone or in writing) of the contents thereof. Each borrowing under the Swingline Commitment shall be in an amount equal to $1,000,000 or a whole multiple of $500,000 in excess thereof. Unless the Swingline Lender has received notice (by telephone or in writing) from the Administrative Agent (including at the request of any Revolving Lender) prior to 2:00 p.m. on the date of the proposed Swingline Borrowing (A) directing the Swingline Lender not to make such Swingline Loan as a result of the limitations set forth in the first proviso to the first sentence of Section 2.6(a), or (B) that one or more of the applicable conditions specified in Section 5.2 is not then satisfied, then, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swingline Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swingline Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender will, not later than 3:00 p.m. on the borrowing date specified a risk participation in such Swingline Loan Notice, make in an amount equal to such Revolving Credit Lender’s Pro Rata Share of the Revolving Facility multiplied by the amount of its such Swingline Loan available to the Borrower Representative (or the applicable Revolving Borrower specified in the notice of Borrowing) in an amount in immediately available funds equal to the amount of the Swingline Loan to be made by the Swingline Lender by crediting such account on the books of the Swingline Lender in immediately available funds or by wire transfer as is designated in writing to the Swingline Lender by the Borrower RepresentativeLoan.

Swingline Borrowings. Whenever a Revolving The Borrower desires that shall give the Administrative Agent and the Swingline Lender make a advance notice as hereinafter provided of each Borrowing of Swingline LoanLoans hereunder (each such Borrowing, the Borrower Representative (on behalf of the applicable Revolving Borrower) shall give the Swingline Lender irrevocable facsimile notice (which facsimile notice must be received by the Swingline Lender not later than 1:00 p.m. (New York City time) on the proposed Borrowing Date) confirmed promptly in writing substantially in the form of Exhibit L or such other form as approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) (a “Swingline Loan NoticeBorrowing”), appropriately completed and signed by a Responsible Officer of the Borrower Representative, specifying (i) which shall specify the amount to be borrowed of such Swingline Borrowing and (ii) the requested Borrowing Date date (which shall be a Business Day during Day) of the Revolving Commitment Period)Swingline Loans to be borrowed. Promptly after receipt by All Swingline Borrowings shall be in amounts of at least $500,000 or the remaining balance of Swingline Sublimit, if less, or any whole multiple of $250,000 in excess thereof. All Swingline Borrowings shall require advance written notice to the Administrative Agent and the Swingline Lender in the form of Exhibit B-2 hereto (or telephonic notice promptly confirmed by such a written notice), which in each case shall be irrevocable, from the Borrower to be received by the Administrative Agent not later than 1:00 p.m. Houston, Texas time on the date of such Swingline Borrowing. Without in any way limiting the Borrower’s obligation to confirm in writing any telephonic notice, the Administrative Agent may act without liability upon the basis of telephonic notice believed by the Administrative Agent in good faith to be from the Borrower prior to receipt of written confirmation. In each such case, the Borrower hereby waives the right to dispute the Administrative Agent’s record of the terms of such telephonic notice except in the case of gross negligence or willful misconduct by the Administrative Agent. Not later than 2:00 p.m. Houston, Texas time on the date specified for each Swingline Loan NoticeBorrowing hereunder, the Swingline Lender will confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has also received such Swingline Loan Notice and, if not, the Swingline Lender will notify the Administrative Agent (by telephone or in writing) of the contents thereof. Each borrowing under the Swingline Commitment shall be in an amount equal to $1,000,000 or a whole multiple of $500,000 in excess thereof. Unless the Swingline Lender has received notice (by telephone or in writing) from the Administrative Agent (including at the request of any Revolving Lender) prior to 2:00 p.m. on the date of the proposed Swingline Borrowing (A) directing the Swingline Lender not to make such Swingline Loan as a result of the limitations set forth in the first proviso to the first sentence of Section 2.6(a), or (B) that one or more of the applicable conditions specified in Section 5.2 is not then satisfied, then, subject to the terms and conditions hereof, the Swingline Lender will, not later than 3:00 p.m. on the borrowing date specified in such Swingline Loan Notice, make the amount of its Swingline Loan available to the Borrower Representative (or the applicable Revolving Borrower specified in the notice of Borrowing) in an amount in immediately available funds equal to the amount of the Swingline Loan to be made by it on such date by depositing the same, in immediately available funds, in an account of the Borrower, designated by the Borrower. Immediately upon the making of a Swingline Loan, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender by crediting a risk participation in such account on the books of the Swingline Lender Loan in immediately available funds or by wire transfer as is designated in writing an amount equal to the product of such ▇▇▇▇▇▇’s Percentage Share of such Swingline Lender by the Borrower RepresentativeLoan.