Audiovox 2012 Annual Report Download - page 208

(g) ISP98 and UCP. Unless otherwise expressly agreed by the Issuing Lender and the Borrower, when a Letter of
Credit is issued, (i) the rules of the “International Standby Practices 1998,” published by the Institute of International Banking
Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of
Credit, and (ii) the rules of The Uniform Customs and Practice for Documentary Credits, as most recently published by the
International Chamber of Commerce at the time of issuance, shall apply to each documentary Letter of Credit.
(h) Conflict with LOC Documents. In the event of any conflict between this Agreement and any LOC Document
(including any letter of credit application and any LOC Documents relating to the Existing Letters of Credit), this Agreement
shall control.
(i) Designation of Subsidiaries as Account Parties . Notwithstanding anything to the contrary set forth in this
Agreement, including, without limitation, Section 2.3(a), a Letter of Credit issued hereunder may contain a statement to the
effect that such Letter of Credit is issued for the account of a Domestic Subsidiary of any Domestic Borrower; provided that,
notwithstanding such statement, the Domestic Borrowers shall be the actual account party for all purposes of this Agreement
for such Letter of Credit and such statement shall not affect the Domestic Borrowers' Reimbursement Obligations hereunder
with respect to such Letter of Credit.
(j) Cash Collateral. At any point in time in which there is a Defaulting Lender, the Issuing Lender may require the
Domestic Borrowers to Cash Collateralize the LOC Obligations pursuant to Section 2.20.
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(a) Swingline Commitment. During the Commitment Period, subject to the terms and conditions hereof, the
Swingline Lender, in its individual capacity, may, in its discretion and in reliance upon the agreements of the other Lenders set
forth in this Section, make certain revolving credit loans in Dollars to the Domestic Borrowers (each a “ Swingline Loan” and,
collectively, the “Swingline Loans”) for the purposes hereinafter set forth; provided, however, (i) the aggregate principal
amount of Swingline Loans outstanding at any time shall not exceed TEN MILLION DOLLARS ($10,000,000) (the
“Swingline Committed Amount”), and (ii) the Aggregate U.S. Revolving Exposure shall not exceed the Revolving Availability
Amount. Swingline Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided that the
proceeds of Swingline Loans may not be used to repay other Swingline Loans.
(b) Swingline Loan Borrowings.
(i) Notice of Borrowing and Disbursement. Upon receiving a Notice of Borrowing from the Company not
later than 2:00 P.M. on any Business Day requesting that a Swingline Loan be made, the Swingline Lender will make
Swingline Loans available to the Domestic Borrowers on the same Business Day such request is received by the
Administrative Agent. Swingline Loan borrowings hereunder shall be made in minimum amounts of $100,000 (or the
remaining available amount of the Swingline Committed Amount if less) and in integral amounts of $100,000 in excess
thereof.
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