The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as Swing Line Lender, agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided that, after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, 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 Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.
Appears in 10 contracts
Sources: Credit Agreement (Medline Inc.), Credit Agreement (Medline Inc.), Credit Agreement (Medline Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make revolving credit loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Revolving Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Swing Line Lender’s Revolving Commitment; provided that, after giving effect to any Swing Line Loan, (i) the aggregate Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanCommitments. Within the foregoing limits, 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 Swing Line Loan shall will be obtained or maintained as a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement Applicable Percentage times the amount of such Swing Line Loan.
Appears in 8 contracts
Sources: Credit Agreement (LifeStance Health Group, Inc.), First Lien Credit Agreement (Convey Health Solutions Holdings, Inc.), Credit Agreement (Ensemble Health Partners, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, agrees Lenders severally agree to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Company from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Revolver Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided that, that after giving effect to any Swing Line Loan, (ix) the aggregate principal amount of outstanding Swing Line Loans made by any Swing Line Lender shall not exceed such Swing Line Lender’s Swing Line Commitment, (y) the Total Revolving Credit Exposure Outstandings shall not exceed the aggregate Aggregate Revolving Credit Commitments and (iiz) the aggregate Outstanding Amount of the Revolving Credit Loans Outstandings of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans Lender shall not exceed such Lender’s Revolving Credit Commitment then in effectCommitment; provided further that the Borrower Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Company may borrow under this Section 2.042.05, prepay under Section 2.05, 2.06 and reborrow under this Section 2.042.05. Each Swing Line Loan shall be (i) for the first three Business Days that it remains outstanding, a Specified Rate Loan and (ii) thereafter, a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender Lenders a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.
Appears in 5 contracts
Sources: Credit Agreement (Fidelity National Information Services, Inc.), Seventh Amendment and Restatement Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of Americathe Swing Line Lender may, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, agree in its capacity as Swing Line Lender, agrees sole discretion to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Borrower from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the Revolving Credit Facility Availability Period in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Revolving Credit Exposure of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided thatprovided, however, that after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount Exposure of the any Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans Lender shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further Commitment, and provided, further, that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, 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 Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.
Appears in 5 contracts
Sources: Credit Agreement (Targa Resources Corp.), Credit Agreement (Solutia Inc), Credit Agreement (Targa Resources Investments Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Company from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of with respect to the Revolving Credit Facility Commitments in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Pro Rata Share of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided that, after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that that, the Borrower Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Company may borrow under this Section 2.04, prepay under Section 2.05, 2.05 and reborrow under this Section 2.04. Each Swing Line Loan shall be a Base Rate Loan. Swing Line Loans shall only be denominated in Dollars. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.
Appears in 4 contracts
Sources: Credit Agreement (Sungard Data Systems Inc), Credit Agreement (Sungard Capital Corp Ii), Credit Agreement (Sungard Capital Corp Ii)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, agrees Lender severally agree to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Borrower from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Initial Revolver Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided thatprovided, that after giving effect to any Swing Line Loan, (ix) the Total Revolving Credit Exposure Outstandings shall not exceed the aggregate Aggregate Revolving Credit Commitments and (iiy) the aggregate Outstanding Amount of the Revolving Credit Loans Outstandings of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans Lender shall not exceed such Lender▇▇▇▇▇▇’s Revolving ▇▇▇▇:\98106221\28\78831.0005 Credit Commitment then in effectCommitment; provided further provided, further, that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.042.05, prepay under Section 2.05, 2.06 and reborrow re-borrow under this Section 2.042.05. Each Swing Line Loan shall be a Base Rate an ABR Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (System1, Inc.), Credit and Guaranty Agreement (System1, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Company from time to time on any Business Day during the period beginning on the Business Day after (other than the Closing Date and Date) until the Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Pro Rata Share of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided that, after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that that, the Borrower Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Company may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.
Appears in 2 contracts
Sources: Credit Agreement (Readers Digest Association Inc), Credit Agreement (Direct Holdings Libraries Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make revolving credit loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Revolving Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Swing Line Lender’s Revolving Commitment; provided that, after giving effect to any Swing Line Loan, (i) the aggregate Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanCommitments. Within the foregoing limits, 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 Swing Line Loan shall will be obtained or maintained as a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇’s Pro Rata Share or other applicable share provided for under this Agreement Applicable Percentage times the amount of such Swing Line Loan.
Appears in 2 contracts
Sources: Credit Agreement (LifeStance Health Group, Inc.), Credit Agreement (LifeStance Health Group, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, agrees to in reliance upon the agreements of the other Lenders set forth in this Section 2.07A, shall make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Company from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the 2024 Extended Revolving Credit Facility Termination Date in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided thatprovided, however, that (x) after giving effect to any Swing Line Loan, (i) the Total Revolving Extensions of Credit Exposure shall not exceed the aggregate Revolving Credit Commitments Commitments, and (ii) the aggregate Outstanding Amount principal amount of the Revolving Extensions of Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans Revolving Credit Lender shall not exceed such Revolving Credit Lender Lender’s Revolving Credit Commitment then in effect; provided further that Commitment, (y) the Borrower Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Revolving Extension of Credit may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Company may borrow under this Section 2.042.07A, prepay under Section 2.052.11, and reborrow under this Section 2.04. 2.07A. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇’s Pro Rata Share or other applicable share provided for under this Agreement Revolving Credit Percentage times the amount of such Swing Line Loan.
Appears in 2 contracts
Sources: Amendment No. 15 to Third Amended and Restated Credit Agreement (ENVIRI Corp), Third Amended and Restated Credit Agreement (ENVIRI Corp)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided that, after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans Lender shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further and (ii) the Outstanding Amount of Revolving Loans of the Revolving Lender acting as the Swing Line Lender, when aggregated with such Revolving Lender’s LC Exposure and the amount of Swing Line Loans outstanding, exceeding such Revolving Lender’s Revolving Commitment; provided, further, that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, 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 Swing Line Loan shall be a Base Rate an ABR Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement Applicable Percentage times the amount of such Swing Line Loan.
Appears in 2 contracts
Sources: Credit Agreement (Tradeweb Markets Inc.), Credit Agreement (Tradeweb Markets Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of Americathe Swing Line Lender agrees, in its capacity as Swing Line Lenderreliance upon the agreements of the other Lenders set forth in this Section 2.03, agrees to make loans in Dollars to the Borrower Advances (each such loanAdvance, a “Swing Line Loan”), ) to the Borrower from time to time on any Business Day during the period beginning on from the Business Day after Effective Date to the Closing Termination Date and until the Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Pro Rata Share of the Outstanding Amount of Advances of the Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided thatprovided, however, that after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure Outstanding Amount of all Advances and all Swing Line Loans shall not exceed the aggregate Revolving Credit Commitments Total Commitment, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans Advances of any Lender, Lender plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further Commitment, and provided, further, that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.042.03, prepay under Section 2.052.10, and reborrow under this Section 2.042.03. Each Swing Line Loan shall be a Base Rate Loanin Dollars. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement Percentage times the amount of such Swing Line Loan.
Appears in 1 contract
Sources: Credit Agreement (Invesco Ltd.)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, agrees to in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.04, may make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Borrower in Dollars from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of Availability Period with respect to the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided thatprovided, however, that (i) after giving effect to any Swing Line Loan, (iA) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility at such time and (B) the Revolving Credit Exposure of any Revolving Credit Lender (other than the Swing Line Lender) shall not exceed the aggregate such Revolving Credit Commitments Lender’s Revolving Credit Commitment, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, 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 Swing Line Loan shall be bear interest only at a Base Rate Loanrate per annum based on the Overnight LIBOR Rate. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Revolving Credit Lender’s Pro Rata Share or other applicable share provided for under this Agreement Applicable Revolving Credit Percentage times the amount of such Swing Line Loan.
Appears in 1 contract
Sources: Credit Agreement (Sanmina Corp)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower Borrowers (on a joint and several basis) (each such loan, a “Swing Line Loan”), from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the date which is one (1) Business Day prior to the Maturity Date of the Participating Revolving Credit Facility Commitments (taking into account the Maturity Date of any Participating Revolving Credit Commitment that will automatically come into effect on such Maturity Date) in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided that, after giving effect to any notwithstanding the fact that such Swing Line LoanLoans, (i) when aggregated with the Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Revolving Loans and L/C ObligationsObligations of the Lender acting as Swing Line Lender, plus such may exceed the amount of the Swing Line Lender’s Pro Rata Share or other applicable share Revolving Commitment; provided for under this Agreement of the Outstanding Amount of all that, after giving effect to any Swing Line Loans Loan (i) the aggregate Revolving Exposure under such Participating Revolving Credit Commitments shall not exceed the aggregate Participating Revolving Credit Commitments then in effect, and (ii) the aggregate Revolving Exposure of any Lender (other than the Swing Line Lender) shall not exceed such Lender’s Participating Revolving Credit Commitment then in effect; provided further provided, further, that the Borrower Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, 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 Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.the
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, agrees to in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Borrowers from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the Revolving Credit Facility Availability Period in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable Revolving Credit Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided thatprovided, however, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Exposure Outstandings shall not exceed the aggregate Revolving Credit Commitments Facility at such time, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans Exposure of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans Revolving Credit Lender shall not exceed such Lender▇▇▇▇▇▇’s Revolving Credit Commitment then in effect; provided further that Commitment, (y) the Borrower Borrowers shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, 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 Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.and
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, Bank of Americathe Swing Line Lender agrees, in its capacity as reliance upon the agreements of the other Lenders set forth in this Section 2.17, to make Swing Line Lender, agrees to make loans in Dollars Advances to the Borrower (each such loan, a “Swing Line Loan”), from time to time on any Business Day during the period beginning on from the Business Day after the Closing Effective Date and until the Maturity Termination Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided that, after giving effect to any notwithstanding the fact that such Swing Line LoanAdvances, (i) when aggregated with the Ratable Share of the outstanding principal amount of Revolving Credit Exposure Advances of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided, however, that no Swing Line Advance shall not exceed the aggregate Revolving Credit Commitments Unused Commitments, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lenderprovided, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligationsfurther, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that the Borrower shall not use the proceeds of any Swing Line Loan Advance to refinance any outstanding Swing Line LoanAdvance. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.042.17, prepay under Section 2.052.09, and reborrow under this Section 2.042.17. Each Swing Line Loan Advance shall be a Base Rate LoanAdvance. Immediately upon the making of a Swing Line LoanAdvance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan Advance in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Ratable Share or other applicable share provided for under this Agreement times the amount of such Swing Line LoanAdvance.
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Borrower from time to time on any Business Day during the period beginning on the Business Day after (other than the Closing Date and Date) until the Maturity Date of for the Dollar Revolving Credit Facility Commitments in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Pro Rata Share of the Outstanding Amount of Dollar Revolving Credit Loans and Dollar L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Dollar Revolving Credit Commitment; provided that, after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of the Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Dollar L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Dollar Revolving Credit Commitment then in effect; provided further that that, the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, 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 Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.this
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Borrower from time to time on any Business Day during the period beginning on the Business Day after (other than the Closing Date and Date) until the Maturity Date of the Class B Revolving Credit Facility Maturity Date in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Pro Rata Share of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided that, after giving effect to any Swing Line Loan, (i) the aggregate Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, 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 Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (ASC Acquisition LLC)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of Americathe Swing Line Lender may, in its capacity as Swing Line Lendersole discretion, agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Borrower from time to time on any Business Day during the period beginning on the Business Day after (other than the Closing Date and until the Maturity Date of Date) during the Revolving Credit Facility Commitment Period in an aggregate principal amount not to exceed at any time outstanding (together with the amount Outstanding Amount of Loans made by the Swing Line Sublimit; provided that, after giving effect to any Lender in its capacity as a Lender or the Swing Line Loan, Lender) not to exceed the lesser of (i) the Revolving Credit Exposure shall not exceed Swing Line Lender’s Pro Rata Share of the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effectSublimit; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, 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 re-borrow under this Section 2.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a an unfunded risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement times and the amount of such Swing Line Loan.
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Company from time to time on any Business Day during the period beginning on the Business Day after (other than the Closing Date and Date) until the Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Pro Rata Share of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided that, after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that that, the Borrower Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Company may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall be a Base Rate Loan. Swing Line Loans shall only be denominated in Dollars. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.making
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower (each such loan, a “"Swing Line Loan”), ") to the Borrower from time to time on any Business Day during the period beginning on the Business Day after from the Closing Date and until to the Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Outstanding Amount of Revolving Loans of the Swing Line Lender in its capacity as a Lender of Revolving Loans, may exceed the amount of such Lender's Commitment; provided thatprovided, however, that after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure aggregate Outstanding Amount shall not exceed the aggregate Revolving Credit Commitments Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of applicable to any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans Lender shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan's Commitment. Within the foregoing limits, 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 Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇’s Lender's Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.
Appears in 1 contract
Sources: Credit Agreement (Bj Services Co)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make loans in Dollars to for the Borrower applicable Revolving Credit Facility (each such loan, a “Swing Line Loan”), ) to the Borrower from time to time on any Business Day during the period beginning on the Business Day after (other than the Closing Date and Date) until the Maturity Date of for the applicable Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Pro Rata Share of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided that, after giving effect to any Swing Line Loan, (i) the aggregate Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, 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 Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, Bank of Americathe Swing Line Lender agrees, in its capacity as Swing Line Lender, agrees reliance upon the agreements of the other Lenders set forth in this Section 2.17 to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ‘) to the Borrower from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the Revolving Credit Facility Commitment Period in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided thatprovided, however, that after giving effect to any Swing Line Loan, (i) the aggregate principal amount of Revolving Credit Exposure Loans and Swing Loans outstanding shall not exceed the aggregate Total Revolving Credit Commitments at such time, and (ii) the aggregate Outstanding Amount principal amount of the Revolving Credit Loans outstanding of any LenderLender at such time, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement Revolving Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount outstanding amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment then in effect; Commitment, and provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.042.17, prepay under Section 2.052.5, and reborrow under this Section 2.042.17. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement Revolving Percentage times the amount of such Swing Line Loan.
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth hereinherein (including without limitation the conditions set forth in Section 5.02 hereof), Bank of America, in its capacity as Swing Line Lender, the Swingline Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line "Swingline Loan”)") in Dollars, to the Borrower from time to time on any Business Day during the period beginning on the Business Day after from the Closing Date and until the Maturity Date of to the Revolving Credit Facility Maturity Date in an aggregate principal amount not to exceed Five Million Dollars outstanding at any time outstanding the amount of the Swing Line Sublimittime; provided thatprovided, however, that after giving effect to any Swing Line Swingline Loan, (i) the aggregate outstanding amount of all Revolving Credit Exposure Loans, Swingline Loans and Letter of Credit Obligations shall not exceed the aggregate Aggregate Revolving Credit Commitments Committed Amounts of all Lenders and (ii) the aggregate Outstanding Amount outstanding amount of the Revolving Credit Loans of any Lender other than the Swingline Lender, plus such Revolving Lender’s 's Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount outstanding amount of all L/C Letter of Credit Obligations, plus such Lender’s 's Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount outstanding amount of all Swing Line Swingline Loans shall not exceed such Lender’s 's Revolving Credit Commitment then in effect; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanCommitted Amount. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.04borrow, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan2.
Appears in 1 contract
Sources: Credit Agreement (Black Box Corp)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of Americathe Swing Line Lender agrees, in its capacity as Swing Line Lender, agrees reliance upon the agreements of the other Lenders set forth in this Section 2.17 to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Borrower from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the Revolving Credit Facility Commitment Period in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line SublimitSublimait; provided thatprovided, however, that after giving effect to any Swing Line Loan, (i) the aggregate principal amount of Revolving Credit Exposure Loans and Swing Loans outstanding shall not exceed the aggregate Total Revolving Credit Commitments at such time, and (ii) the aggregate Outstanding Amount principal amount of the Revolving Credit Loans outstanding of any LenderLender at such time, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement Revolving Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount outstanding amount of all Swing Line Loans at such time shall not exceed such Lender’s Revolving Credit Commitment then in effect; Commitment, and provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.042.17, prepay under Section 2.052.5, and reborrow under this Section 2.042.17. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement Revolving Percentage times the amount of such Swing Line Loan.
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make revolving credit loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable Percentage of the Outstanding Amount of Revolving Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Swing Line Lender’s Revolving Commitment; provided that, after giving effect to any Swing Line Loan, (i) the aggregate Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanCommitments. Within the foregoing limits, 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 Swing Line Loan shall will be obtained or maintained as a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇L▇▇▇▇▇’s Pro Rata Share or other applicable share provided for under this Agreement Applicable Percentage times the amount of such Swing Line Loan.
Appears in 1 contract
Sources: First Lien Credit Agreement (Convey Health Solutions Holdings, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of Americathe Swing Line Lender agrees, in its capacity as Swing Line Lenderreliance upon the agreements of the other Lenders set forth in this Section Error! Reference source not found., agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Borrower from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the Revolving Credit Facility Availability Period in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided thatprovided, however, that after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure Total Outstandings shall not exceed the aggregate Revolving Credit Commitments Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus plus, as applicable, (A) for any Lender other than the Swing Line Lender, such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans or (B) for the Swing Line Lender, the aggregate principal amount of all Swing Line Loans made by such Lender as Swing Line Lender outstanding at such time (less the amount of participations funded by other Lenders in such Swing Line Loans) shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further Commitment, and provided, further, that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, 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 Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.”
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, Bank of Americaand so long as no Stop Issuance Notice is in effect, in its capacity as each Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Company from time to time on a pro rata basis on any Domestic Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Commitment Termination Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit and, as to each Swing Line Lender, not to exceed the Swing Line Lender Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the pro rata share of the outstanding amount of Loans and Letter of Credit Liabilities of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided that, that after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure Total Usage for all Lenders at such time shall not exceed the aggregate Revolving Credit Total Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus at such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effecttime; provided further that the Borrower Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Company may borrow under this Section 2.042.16, prepay under Section 2.05, 2.09 and reborrow under this Section 2.042.16. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement Percentage times the amount of such Swing Line Loan.
Appears in 1 contract
The Swing Line. (a) Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, agrees to in reliance upon the agreements of the other Lenders set forth in this Section 2.22, may in its sole discretion make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Borrower from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided thatprovided, however, that (x) after giving effect to any Swing Line Loan, (i) the Revolving total outstanding amount of Advances plus outstanding Letters of Credit Exposure plus outstanding Swing Line Loans shall not exceed the aggregate Revolving Credit Commitments Commitments, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans Exposure of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans Lender shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that Commitment, (y) the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan, and (z) the Swing Line Lender shall not be under any obligation to make any Swing Line Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by the making of such Swing Line Loan may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.042.22, prepay under Section 2.052.10, and reborrow under this Section 2.042.22. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line CHAR1\1986393v3 Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Ratable Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.
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The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, agrees to in reliance upon the agreements of the other Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Borrower from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the Revolving Credit Facility Availability Period in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Pro Rata Share of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Commitment; provided provided, however, that, after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount each of the Revolving applicable Credit Loans of any LenderExtension Conditions shall be satisfied; provided, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligationsfurther, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, 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 Swing Line Loan shall be bear interest only at a rate based on the Base Rate LoanRate. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), from time to time on any Business Day during the period beginning on the Business Day after the Closing Funding Date and until the Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Swing Line Lender’s Revolving Credit Commitment; provided that, after giving effect to any Swing Line Loan, (i) the aggregate Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments Commitment and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans Revolving Credit Exposure shall not exceed such Lender’s Revolving Credit Commitment then in effectCommitment; provided further provided, further, that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section Section 2.04, prepay under Section Section 2.05, and reborrow re-borrow under this Section 2.04Section 2.04 without premium or penalty (subject to Section 3.05). Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.
Appears in 1 contract
Sources: Credit Agreement (OTG EXP, Inc.)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of Americaand so long as no Stop Issuance Notice is in effect, in its capacity as each Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Company from time to time on any Domestic Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Commitment Termination Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit and, as to each Swing Line Lender, not to exceed the Swing Line Lender Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the pro rata share of the outstanding amount of Loans and Letter of Credit Liabilities of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided that, that after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure Total Usage for all Lenders at such time shall not exceed the aggregate Revolving Credit Total Commitments and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus at such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effecttime; provided further that the Borrower Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Company may borrow under this Section 2.042.16, prepay under Section 2.05, 2.09 and reborrow under this Section 2.042.16. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement Percentage times the amount of such Swing Line Loan.
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The Swing Line. Subject to the terms and conditions set forth herein, Bank of AmericaSwingline Lender agrees, in reliance upon the agreements of the other Lenders set forth in this Section 2.15, to consider in its capacity as Swing Line Lender, agrees to make sole and absolute discretion making loans in Dollars to the Borrower (each such loan, a “Swing Line LoanSwingline Advance”), ) to SOURCECORP from time to time time, on any Business Day during from and including the period beginning on the Business Day after the Closing Effective Date and until to but excluding the Maturity Date of the Revolving Credit Facility Date, in an aggregate principal amount not to exceed $10,000,000 at any time outstanding outstanding, notwithstanding the fact that such Swingline Advances, when aggregated with the Commitment Percentage of the Outstanding Credit applicable to the Revolving Loans and Letter of Credit Liabilities of the Lender acting as Swingline Lender, may exceed the amount of the Swing Line Sublimitsuch Lender’s Commitment; provided thatprovided, however, that after giving effect to any Swing Line LoanSwingline Advance, (i) the Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount of Credit applicable to the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement Commitment Percentage of the Outstanding Amount Credit applicable to Letter of all L/C ObligationsCredit Liabilities, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement Commitment Percentage of the Outstanding Amount of all Swing Line Loans shall Credit applicable to Swingline Advances does not exceed such Lender’s Revolving Commitment and (ii) the Outstanding Credit Commitment then in effect; provided further that the Borrower shall not use exceed the proceeds aggregate amount of any the Commitments of all Lenders. The Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limitsis a discretionary, uncommitted facility and subject to the other terms and conditions hereof, the Borrower Swingline Lender may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from terminate or suspend the Swing Line at any time in its sole discretion upon notice to SOURCECORP which notice may be given by Swingline Lender before or after SOURCECORP requests a risk participation Swingline Advance hereunder. Each Swingline Advance shall bear interest as set forth in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.Section 2.4
Appears in 1 contract
Sources: Credit Agreement (Sourcecorp Inc)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of Americaand so long as no Stop Issuance Notice is in effect, in its capacity as each Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Company from time to time on a pro rata basis on any Domestic Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Commitment Termination Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit and, as to each Swing Line Lender, not to exceed the Swing Line Lender Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the pro rata share of the outstanding amount of Loans of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Commitment; provided that, that after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure Total Usage for all Lenders at such time shall not exceed the aggregate Revolving Credit Total Commitments at such time; and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lenderprovided further, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that the Borrower Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower Company may borrow under this Section 2.042.16, prepay under Section 2.05, 2.09 and reborrow under this Section 2.042.16. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement Percentage times the amount of such Swing Line Loan.
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, agrees to in reliance upon the agreements of the other Revolving Lenders set forth in this Section 2.04, may in its sole discretion make loans in Dollars to the Borrower U.S. Dollars, Euros or Sterling (each such loan, a “Swing Line Loan”)) to (x) in the case of U.S. Swing Line Loans, the Company and (y) in the case of Global Swing Line Loans, Wiley UK or Wiley-VCH, in any case, from time to time on any Business Day during the period beginning on the Business Day after the Closing Date and until the Maturity Date of the Revolving Credit Facility Availability Period in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided that, that after giving effect to any Swing Line Loan, (i) the Total Revolving Credit Exposure Outstandings shall not exceed the aggregate Revolving Credit Commitments Facility at such time, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans Exposure of any Lender, plus Revolving Lender at such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans time shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further Commitment, and provided, further, that the no Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the applicable Borrower may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each U.S. Swing Line Loan shall be a Base Rate Loan and each Global Swing Line Loan shall be a Eurocurrency Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Revolving Lender’s Pro Rata Share or other applicable share provided for under this Agreement Applicable Revolving Percentage times the amount of such Swing Line Loan.
Appears in 1 contract
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as each Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), Advances to any Borrower in U.S. dollars only from time to time on any Business Day during the period beginning on from the Business Day after the Closing Date and date hereof until the Maturity Termination Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of such Swing Line Lender’s Swing Line Commitment; provided, however, no Swing Line Lender shall be required to make a Swing Line Advance hereunder if (i) the amount of such Swing Line Advance, together with the aggregate principal amount of all other Swing Line Advances outstanding would exceed the Swing Line Sublimit; provided that, after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure shall not exceed the aggregate Revolving Credit Commitments and (ii) the aggregate Outstanding Amount making of such Swing Line Advance, together with the making of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement Swing Line Advances constituting part of the Outstanding Amount same Swing Line Borrowing, would cause the total amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement Outstanding Credits to exceed the aggregate amount of the Outstanding Amount Commitments or (iii) the amount of all such Swing Line Loans shall not Advance, together with all other Outstanding Credits for the account of such Borrower, would exceed such LenderBorrower’s Revolving Credit Commitment then in effect; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanSublimit. Within the foregoing limits, and subject to the other terms and conditions hereof, the each Borrower may borrow under this Section 2.042.03, prepay under Section 2.052.12, and reborrow under this Section 2.04. Each Swing Line Loan shall be a Base Rate Loan2.03. Immediately upon the making of a Swing Line LoanAdvance, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the applicable Swing Line Lender a risk participation in such Swing Line Loan Advance in an amount equal to such Lender’s ratable portion (according to the product of such ▇▇▇▇▇▇’s Pro Rata Share or other applicable share provided for under this Agreement Lenders’ respective Commitments) times the amount of such Swing Line LoanAdvance. No more than five Swing Line Advances may be outstanding hereunder at any time.
Appears in 1 contract
Sources: Credit Agreement (Firstenergy Corp)
The Swing Line. Subject to the terms and conditions set forth herein, Bank of America, in its capacity as the Swing Line Lender, Lender agrees to make loans in Dollars to the Borrower (each such loan, a “Swing Line Loan”), ) to the Borrower from time to time on any Business Day during the period beginning on the Business Day after from the Closing Date and until to the Maturity Date of the Revolving Credit Facility in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Outstanding Amount of Revolving Loans of the Swing Line Lender in its capacity as a Lender of Revolving Loans, may exceed the amount of such Lender’s Commitment; provided thatprovided, however, that after giving effect to any Swing Line Loan, (i) the Revolving Credit Exposure aggregate Outstanding Amount shall not exceed the aggregate Revolving Credit Commitments Aggregate Commitments, and (ii) the aggregate Outstanding Amount of applicable to any Lender (which, as to the Revolving Credit Loans of any LenderSwing Line Lender and Swing Line Loans, plus such shall include only the Swing Line Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans Loans) shall not exceed such Lender’s Revolving Credit Commitment then in effect; provided further that the Borrower shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line LoanCommitment. Within the foregoing limits, 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 Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such ▇▇▇▇▇▇Lender’s Pro Rata Share or other applicable share provided for under this Agreement times the amount of such Swing Line Loan.
Appears in 1 contract
Sources: Credit Agreement (Bj Services Co)