Common use of Swingline Subfacility Clause in Contracts

Swingline Subfacility. (a) Notwithstanding --------------------- anything contained herein to the contrary, the Swingline Lender hereby establishes a subfacility within its Revolving Credit Commitment in the aggregate principal amount of the lesser of (i) $6,000,000 and (ii) Availability under the Swingline Lender's Revolving Credit Commitment from time to time (the "Swingline SubFacility"), under which all Borrowings made through the Controlled Disbursement Account shall be made. Sections 6.01 and 6.02 shall apply equally to Borrowings made through the Swingline SubFacility as Borrowings otherwise requested or made through the Revolving Credit Commitments. The aggregate amount of all Borrowings under the Swingline SubFacility shall not at any time exceed the lesser of (i) $6,000,000 and (ii) Availability under the Swingline Lender's Revolving Credit Commitment at such time, and to the extent any Borrowing under the Swingline SubFacility would cause such a result after giving effect thereto, the Company shall be required to request such Borrowing pursuant to Section 5.01(a)(i) hereof. (b) Each Borrowing under the Swingline SubFacility shall deemed to be made under the Swingline Lender's Revolving Credit Commitment to the extent of any Availability thereunder on the date such Borrowing is made. (c) The Company shall have the right to prepay Borrowings made under the Swingline SubFacility, in whole at any time or in part from time to time, without premium or penalty in accordance with Section 5.06

Swingline Subfacility. (a) Notwithstanding --------------------- anything contained herein Subject to the contraryterms and conditions set forth herein, the Swingline Lender hereby establishes agrees to make swingline loans (each a subfacility within its Revolving Credit Commitment “Swingline Loan” and collectively the “Swingline Loans”) to the Borrower, in the aggregate principal amount of the lesser of (i) $6,000,000 and (ii) Availability under the Swingline Lender's Revolving Credit Commitment from time to time (the "Swingline SubFacility")Dollars, under which all Borrowings made through the Controlled Disbursement Account shall be made. Sections 6.01 and 6.02 shall apply equally to Borrowings made through the Swingline SubFacility as Borrowings otherwise requested or made through the Revolving Credit Commitments. The aggregate amount of all Borrowings under the Swingline SubFacility shall not at any time exceed the lesser of (i) $6,000,000 and (ii) Availability under the Swingline Lender's Revolving Credit Commitment at such time, and to the extent any Borrowing under the Swingline SubFacility would cause such a result after giving effect thereto, the Company shall be required to request such Borrowing pursuant to Section 5.01(a)(i) hereof. (b) Each Borrowing under the Swingline SubFacility shall deemed to be made under the Swingline Lender's Revolving Credit Commitment to the extent of any Availability thereunder on the date such Borrowing is made. (c) The Company shall have the right to prepay Borrowings made under the Swingline SubFacility, in whole at any time or in part from time to time, without premium during the period from and including the Closing Date to but not including the Termination Date (or penalty such earlier date if the Revolving Committed Amount has been terminated as provided herein) in accordance an aggregate amount not to exceed at any time outstanding the amount of the Swingline Committed Amount, notwithstanding the fact that such Swingline Loans, when aggregated with the Revolving Loan Commitment Percentages of the outstanding principal amount of Revolving Loans and LOC Obligations of the Swingline Lender in its capacity as a Lender of Revolving Loans, may exceed the amount of such Lender’s Revolving Commitment; provided, however, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of LOC Obligations outstanding plus the aggregate amount of Swingline Loans outstanding shall not exceed the Revolving Committed Amount, and (ii) the outstanding Swingline Loans shall not exceed the Swingline Committed Amount, and provided, further, that the Borrower shall not use the proceeds of any Swingline Loan to refinance any outstanding Swingline Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 5.062.3, prepay under Section 3.3(a), and reborrow under this Section 2.3. Each Swingline Loan shall bear interest at such rate mutually agreed to between the Borrower and the Swingline Lender (which shall be confirmed with the Agent) or, in the absence of such mutual agreement, shall be a Base Rate Loan. Immediately upon the making of a Swingline Loan, each Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender a risk participation in such Swingline Loan in an amount equal to the product of such Lender’s Revolving Loan Commitment Percentage times the amount of such Swingline Loan.

Swingline Subfacility. (a) Notwithstanding --------------------- anything contained herein Subject to the contraryterms and conditions set forth herein, the Swingline Lender hereby establishes agrees to make swingline loans (each a subfacility within its Revolving Credit Commitment in the aggregate principal amount of the lesser of (i) $6,000,000 "Swingline Loan" and (ii) Availability under the Swingline Lender's Revolving Credit Commitment from time to time (collectively the "Swingline SubFacilityLoans")) to the Borrower, under which all Borrowings made through the Controlled Disbursement Account shall be made. Sections 6.01 and 6.02 shall apply equally to Borrowings made through the Swingline SubFacility as Borrowings otherwise requested or made through the Revolving Credit Commitments. The aggregate amount of all Borrowings under the Swingline SubFacility shall not in Dollars, at any time exceed the lesser of (i) $6,000,000 and (ii) Availability under the Swingline Lender's Revolving Credit Commitment at such time, and to the extent any Borrowing under the Swingline SubFacility would cause such a result after giving effect thereto, the Company shall be required to request such Borrowing pursuant to Section 5.01(a)(i) hereof. (b) Each Borrowing under the Swingline SubFacility shall deemed to be made under the Swingline Lender's Revolving Credit Commitment to the extent of any Availability thereunder on the date such Borrowing is made. (c) The Company shall have the right to prepay Borrowings made under the Swingline SubFacility, in whole at any time or in part from time to time, without premium during the period from and including the Closing Date to but not including the Termination Date (or penalty such earlier date if the Revolving Committed Amount has been terminated as provided herein) in accordance an aggregate amount not to exceed at any time outstanding the amount of the Swingline Committed Amount, notwithstanding the fact that such Swingline Loans, when aggregated with the Commitment Percentages of the outstanding principal amount of Revolving Loans and LOC Obligations of the Swingline Lender in its capacity as a Lender of Revolving Loans, may exceed the amount of such Lender's Revolving Commitment; provided, however, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of LOC Obligations outstanding plus the aggregate amount of Swingline Loans outstanding shall not exceed the Revolving Committed Amount, and (ii) the outstanding Swingline Loans shall not exceed the Swingline Committed Amount, and provided, further, that the Borrower shall not use the proceeds of any Swingline Loan to refinance any outstanding Swingline Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 5.062.3, prepay under Section 3.3(a), and reborrow under this Section 2.3. Each Swingline Loan shall bear interest at such rate mutually agreed to between the Borrower and the Swingline Lender (which shall be confirmed with the Agent) or, in the absence of such mutual agreement, shall be a Base Rate Loan. Immediately upon the making of a Swingline Loan, each Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender a risk participation in such Swingline Loan in an amount equal to the product of such Lender's Commitment Percentage times the amount of such Swingline Loan.