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This excerpt taken from the CVS 8-K filed Mar 23, 2007. “Swing Line
Loans”) to the Borrower from
time to time during the Swing Line Commitment Period.
18 Swing Line Loans
(i) may
be repaid and reborrowed in accordance with the provisions hereof, (ii) shall
not, immediately after giving effect thereto, result in the Aggregate Credit
Exposure exceeding the Aggregate Commitment Amount, and (iii) shall not,
immediately after giving effect thereto, result in the aggregate outstanding
principal balance of all Swing Line Loans exceeding the Swing Line Commitment.
The Swing Line Lender shall not be obligated to make any Swing Line Loan at
a
time when any Lender shall be in default of its obligations under this Agreement
unless the Swing Line Lender has entered into arrangements satisfactory to
it
and the Borrower to eliminate the Swing Line Lender’s risk with respect to such
defaulting Lender’s participation in such Swing Line Loan. The Swing Line Lender
will not make a Swing Line Loan if the Administrative Agent, or any Lender
by
notice to the Swing Line Lender and the Borrower no later than one Domestic
Business Day prior to the Borrowing Date with respect to such Swing Line Loan,
shall have determined that the conditions set forth in Sections 5 and/or 6,
as
applicable, have not been satisfied and such conditions remain unsatisfied
as of
the requested time of the making of such Loan. Each Swing Line Loan shall be
due
and payable on the day (the |
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