Sunoco 2013 Annual Report Download - page 187

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(b) Immediately upon the making of a Swingline Loan, each Lender shall be deemed
to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender a
risk participation in such Swingline Loan in an amount equal to the product of such Lender’s
Applicable Percentage times the amount of such Swingline Loan. The Swingline Lender at any
time in its sole and absolute discretion may request, on behalf of the Borrower (which hereby
irrevocably authorizes the Swingline Lender to so request on its behalf), that each Lender make a
Base Rate Loan in an amount equal to such Lender’s Applicable Percentage of the Swingline
Loans then outstanding. Such request shall be deemed to be a Loan Notice under Section 2.03
without regard to the minimum and multiples specified therein of the principal amount of Base
Rate Loans, but subject to the unutilized portion of the Aggregate Commitments and the
conditions set forth in Section 4.02. Each Lender shall fund its Applicable Percentage of
Revolving Credit Loans as required to repay Swingline Loans outstanding to the Swingline
Lender upon demand by the Swingline Lender, by delivery of immediately available funds to the
Administrative Agent, to the account designated by the Administrative Agent, for the account of
the Swingline Lender not later than 1:00 p.m. on the day specified in such a Loan Notice (or, if
such Loan Notice is given after 11:00 a.m., then such delivery of funds shall be made no later
than 1:00 p.m. on the next Business Day), whereupon each Lender that so makes funds available
shall be deemed to have made a Base Rate Loan to the Borrower in such amount.
(c) If for any reason any Swingline Loan cannot be refinanced by such a borrowing
of Base Rate Loans in accordance with Section 2.02(b), the request for Base Rate Loans
submitted by the Swingline Lender as set forth herein shall be deemed to be a request by the
Swingline Lender that each Lender fund its risk participation in the relevant Swingline Loan and
each Lender’s payment to the Administrative Agent for the account of the Swingline Lender
pursuant to Section 2.02(b) shall be deemed payment in respect of such participation. No
Lender’s obligation to fund its Applicable Percentage of a Swingline Loan shall be affected by
any other Lender’s failure to fund its Applicable Percentage of a Swingline Loan, nor shall any
Lender’s Applicable Percentage be increased as a result of any such failure of any other Lender
to fund its Applicable Percentage of a Swingline Loan.
(d) If any Lender fails to make available to the Administrative Agent for the account
of the Swingline Lender any amount required to be paid by such Lender pursuant to the
foregoing provisions of this Section 2.02 by the time required by the terms hereof, the Swingline
Lender shall be entitled to recover from such Lender (acting through the Administrative Agent),
on demand, such amount with interest thereon for the period from the date such payment is
required to the date on which such payment is immediately available to the Swingline Lender at
a rate per annum equal to the greater of the Federal Funds Rate and a rate determined by the
Swingline Lender in accordance with banking industry rules on interbank compensation, plus
any administrative, processing or similar fees customarily charged by the Swingline Lender in
connection with the foregoing. If such Lender pays such amount (with interest and fees as
aforesaid), the amount so paid shall constitute such Lender’s Loan included in the relevant
Borrowing or funded participation in the relevant Swingline Loan, as the case may be. A
certificate of the Swingline Lender submitted to any Lender (through the Administrative Agent)