Common use of Accordion Clause in Contracts

Accordion. (a) At any time during the period from and after the Restatement Effective Date through but excluding the Revolver Maturity Date, at the option of Borrower (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed Increase, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”). Any Increase shall be in an amount of at least $5,000,000 and integral multiples of $1,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,000.

Appears in 4 contracts

Samples: Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.), And Security Agreement (Freshpet, Inc.)

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Accordion. (a) At any time during Borrowing Agent may by written notice to Agent elect to request the period from and after establishment of one or more increases in the Restatement Effective Date through but excluding the Revolver Maturity Date, at the option of Borrower Revolving Commitment (but subject to the conditions set forth with a corresponding increase in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount Revolving Advance Amount) (each such increase, an "Incremental Commitment Increase" and, all such increases, collectively, the "Incremental Commitment Increases") to make incremental Revolving Advances (any such incremental Revolving Advance, an "Incremental Loan"); provided that (1) the total aggregate amount for all such Incremental Commitment Increases shall not (as of any date of incurrence thereof) exceed the amount of $100,000,000 and (2) the total aggregate amount for each Incremental Commitment Increase (and the Incremental Loans made thereunder) shall not be less than the amount of $10,000,000 or, if less, the remaining amount permitted pursuant to the foregoing clause (1). Agent Each such notice shall specify the date (each, an "Increased Amount Date") on which Borrowers propose that any Incremental Commitment Increase shall be effective, which shall be a date not less than ten (10) Business Days after the date on which such notice is delivered to Agent. Borrowers shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed Increase, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower may invite any prospective lender who is other Person reasonably satisfactory to Agent and Borrower Agent, to become a Lender in connection with a proposed provide an Incremental Commitment Increase (the date any such Increase is madePerson, the “Increase Date”an "Incremental Lender"). Any Lender offered or approached to provide all or a portion of any Incremental Commitment Increase may elect or decline, in its sole discretion, to provide such Incremental Commitment Increase. In the event the Incremental Commitment Increases agreed to be provided by Lenders and such other Persons exceed the Incremental Commitment Increase request, Agent shall allocate such Incremental Commitment Increase as determined by Agent. Any Incremental Commitment Increase shall be in an amount become effective as of at least $5,000,000 and integral multiples of $1,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver such Increased Amount be increased pursuant to this Section 2.14 on more than two occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,000.Date; provided that:

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Great Lakes Dredge & Dock CORP), Credit and Security Agreement (Great Lakes Dredge & Dock CORP)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding and including the Revolver date that is 30 days prior to the Maturity Date, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrowers, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent and Borrower Borrowers to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least the lesser of (x) $5,000,000 15,000,000 and (y) the Available Increase Amount and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two 2 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00025,000,000.

Appears in 2 contracts

Samples: Credit Agreement (Jack Cooper Holdings Corp.), Credit Agreement (Jack Cooper Logistics, LLC)

Accordion. (a) At any time during the period from and after the Restatement Effective Date through but excluding the Revolver Maturity Closing Date, at the option of Borrower (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount or the Term Loan Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount and the Term Loan Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Promptly after receipt of notification by Borrower to Agent of any proposed Increase, Agent shall invite each Lender to increase its Revolver Commitments or its Pro Rata Share of the Term Loan Amount (as the case may be) (it being understood that no Lender shall be obligated to increase its Revolver CommitmentsCommitments or its Pro Rata Share of the Term Loan Amount) in connection with a proposed Increase, at the interest margin proposed by Borrower, and if sufficient Lenders do not agree to increase their Revolver Commitments or their Pro Rata Share of the Term Loan Amount (as the case may be) in connection with such proposed IncreaseIncrease within 10 Business Days after notice from Agent, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 1,000,000 and integral multiples of $1,000,000 250,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount or the Term Loan Amount be increased pursuant to this Section 2.14 on more than two 3 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments and the Term Loan Amount exceed $10,000,00015,000,000.

Appears in 2 contracts

Samples: Credit Agreement (Appfolio Inc), Credit Agreement (Appfolio Inc)

Accordion. (aA) At any time during the period from and after the Restatement Eleventh Amendment Effective Date through but excluding the Revolver Maturity date that is the 5th year anniversary of the Eleventh Amendment Effective Date, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Revolver Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrowers, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent and Borrower Borrowers to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 10,000,000 and integral multiples of $1,000,000 10,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 2.15 on more than two three (3) occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00050,000,000.

Appears in 1 contract

Samples: Credit Agreement (Renewable Energy Group, Inc.)

Accordion. (a) At any time during the period from and after the Restatement Effective Third Amendment Closing Date through but excluding the Revolver Maturity date that is eighteen (18) months after the Third Amendment Closing Date, at the option of Borrower (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrower, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 and integral multiples of $1,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two 5 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00025,000,000.

Appears in 1 contract

Samples: Credit Agreement (Actuate Corp)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity DateOctober 11, 2016, at the option of Borrower (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”); provided, that in no event shall the Revolver Commitments and the Maximum Revolver Amount be increased by an amount in excess of the Available Revolver Increase Amount. Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrower, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 and integral multiples of $1,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two 5 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00025,000,000.

Appears in 1 contract

Samples: Credit Agreement (Q2 Holdings, Inc.)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity date that is the 4 year anniversary of the Closing Date, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an "Increase"). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrowers, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent and Borrower Borrowers to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 10,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two 3 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00055,000,000.

Appears in 1 contract

Samples: Credit Agreement (Delta Apparel, Inc)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity date that is the four (4) year anniversary of the Closing Date, at the option of US Borrower (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount, the UK-Dutch Maximum Revolver Amount or the German Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount applicable (each such increase, an “Increase”). Agent shall invite each US Lender or UK-Dutch Lender, as applicable, to increase its US Revolver Commitments or UK-Dutch Revolver Commitments, as applicable (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed Increase, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or US Borrower may invite any prospective lender who is reasonably satisfactory to Agent and US Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 10,000,000 and integral multiples of $1,000,000 2,500,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two (2) occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00025,000,000.

Appears in 1 contract

Samples: Credit Agreement (Ciber Inc)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity Date, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Revolver Increase Amount (each such increase, an “Increase”). Agent shall invite each Revolving Lender to increase its Revolver Commitments (it being understood that no Revolving Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed Increase in an amount that is equal to the product of (x) the proposed Increase multiplied by (x) such Revolving Lenders Commitment divided by the sum of all Commitments immediately prior to the date of such proposed Increase, and if sufficient Revolving Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent and Borrower Borrowers and is an Eligible Transferee to become a Revolving Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 10,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may shall the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two three (3) occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases exceed the sum of (x) $60,000,000 plus (y) subject to the Revolver satisfaction of the Available Borrowing Base Increase Amount Conditions, the Available Borrowing Base Increase Amount; provided that any Increase shall only be permitted if no “default” has occurred and is continuing and has not been waived under the Term Loan Credit Agreement or would result therefrom and (with respect only to Increases resulting in the Commitments exceed being above $10,000,000165,000,000) if and only if on a pro forma basis after giving effect thereto (and assuming for this purpose that all Commitments under this Agreement after giving effect to such Increase are fully drawn), the Leverage Ratio (as such term is defined in the Term Loan Agreement as in effect on the date hereof) is less than the Leverage Ratio set forth under Section 6.1 of the Term Loan Agreement as in effect on the date hereof applicable at the end of the most recent fiscal quarter for which financial statements are available under the Term Loan Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Us Xpress Enterprises Inc)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Revolving Loan Maturity Date, at the option of Borrower (but subject to may request that the conditions set forth in clause (b) below), the Revolver Revolving Credit Commitments and the Maximum Revolver Amount may Aggregate Revolving Commitments be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Administrative Agent shall invite each Lender to increase its Revolver Commitments Revolving Credit Commitment (it being understood that no Lender shall be obligated to increase its Revolver CommitmentsRevolving Credit Commitment) in connection with a the proposed IncreaseIncrease at the interest margin proposed by Borrower, and if sufficient Lenders do not agree to increase their Revolver Revolving Credit Commitments in connection with such the proposed Increase, then Administrative Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Administrative Agent and Borrower to become a Lender in connection with a the proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any The Increase shall be in an amount of at least $5,000,000 10,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 2.02 on more than two (2) occasions in the aggregate for all such Increases. No Lender shall have any obligation to provide the Increase, it being understood that each Lender may elect to participate in the Increase in its sole discretion. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Revolving Credit Commitments exceed $10,000,00025,000,000.

Appears in 1 contract

Samples: Credit Agreement (RealD Inc.)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity date that is the 4 year anniversary of the ClosingSeventh Amendment Date, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an "Increase"). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrowers, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent and Borrower Borrowers to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 10,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two 3 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00055,000,000.

Appears in 1 contract

Samples: Credit Agreement (Delta Apparel, Inc)

Accordion. (a) At any time during the period from and after the Restatement Effective Date Seventh Amendment Closing Date, through but excluding the Revolver Maturity Datelast day of the Revolving Credit Availability Period, at upon written request from Borrower and receipt of the option written approval of Borrower the Agent and each Lender participating in the applicable Increase (but as defined below), which approval shall be both subject to the conditions set forth in clause (b) below)below and at the sole election of the Agent and each Lender, the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrower, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 10,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 2.15 on more than two five (5) occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00050,000,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Hercules Capital, Inc.)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity date that is the 4 year anniversary of the Closing Date, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrowers, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent and Borrower Borrowers to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 10,000,000 and integral multiples of $1,000,000 10,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two five (5) occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00050,000,000.

Appears in 1 contract

Samples: Credit Agreement (Usa Truck Inc)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity date that is the second year anniversary of the Closing Date, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed Increase, and if sufficient Increase at the interest margin proposed by Borrowers; provided that in the event the Lenders do not agree to increase their provide Revolver Commitments in connection with such respect of the full amount of the proposed Increase, then Agent or Borrower the Borrowers may invite any prospective lender who is reasonably satisfactory Eligible Transferee or any other Person acceptable to Agent and Borrower to become a Lender in connection with a proposed Increase (the date provide such Increase is made, the “Increase Date”)additional Revolver Commitments. Any Increase shall be in an amount of at least $5,000,000 2,000,000.00 and integral multiples of $1,000,000 500,000.00 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two (2) occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,0005,000,000.00.

Appears in 1 contract

Samples: Credit Agreement (Orasure Technologies Inc)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity date that is the one (1) year anniversary of the Fifth Amendment Effective Date, at the option of Borrower (but subject to the conditions set forth in clause (b) below), the Revolver Revolving Credit Facility Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments Revolving Credit Facility Commitment and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments Revolving Credit Facility Commitment (it being understood that no Lender shall be obligated to increase its Revolver CommitmentsRevolving Credit Facility Commitment) in connection with a proposed IncreaseIncrease on the terms set forth in this Agreement, and if sufficient Lenders do not agree to increase their Revolver Commitments Revolving Credit Facility Commitment in connection with such proposed Increase, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 and integral multiples of $1,000,000 in excess thereof. In no event may the Revolver Commitments Revolving Credit Facility Commitment and the Maximum Revolver Amount be increased pursuant to this Section 2.14 2.19 on more than two 2 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,000.39

Appears in 1 contract

Samples: Credit Agreement (JMP Group LLC)

Accordion. (a) At any time during the period from and after the Restatement Effective Date through but excluding the Revolver Maturity Datetime, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and that will not result in the Maximum Revolver Amount not to exceed the Available Increase Amount being in excess of $450,000,000 (each such increase, an “Increase”). Agent shall invite each Lender and/or prospective lenders that are reasonably acceptable to increase its Revolver Commitments the Borrowers and Agent to participate in such proposed Increase (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrowers, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent and Borrower Borrowers to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 20,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 2.13 on more than two 4 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed result in the Maximum Revolver Amount being in excess of $10,000,000450,000,000.

Appears in 1 contract

Samples: Credit Agreement (Seventy Seven Energy Inc.)

Accordion. (a) At any time during the period from and after the Restatement Effective Date through but excluding the Revolver Maturity Datetime, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrowers, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent and Borrower Borrowers to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 20,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 2.13 on more than two 4 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,000150,000,000.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Oilfield Operating LLC)

Accordion. (a) At any time during the period from and after the Restatement Amendment No. 811 Effective Date through but excluding the Revolver Maturity DateMarch 24December 14, 20212024, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margins proposed by Xxxxxxxxx, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent and Borrower Borrowers to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two three occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00025,000,000.

Appears in 1 contract

Samples: Credit Agreement

Accordion. (a) At any time during the period from and after the Restatement Effective Date through but excluding date on which the Revolver Maturity DatePrimary Syndication has been completed, at the option of Borrower (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that for the avoidance of doubt, no Lender shall be obligated have any obligation whatsoever to increase its Revolver Commitmentsprovide or consider providing any requested Increase and may refuse to provide any request to provide any requested Increase for any reason or no reason at all) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrower, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 10,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two 2 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00025,000,000.

Appears in 1 contract

Samples: Credit Agreement (Stillwater Mining Co /De/)

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Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver date that is three months prior to the Maturity Date, at the option and upon written request of Borrower (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Credit Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Credit Amount not to exceed the Available Increase Amount (each such increase, an “Increase”); provided, that in no event shall the Revolver Commitments and the Maximum Credit Amount be increased to an amount in excess of $98,000,000. Agent Each Lender shall invite increase its Revolver Commitment (it being understood that each Lender shall be obligated to increase its Revolver Commitments (it being understood that with respect to Increases in an aggregate amount not exceeding $5,000,000 but no Lender shall be obligated to increase its Revolver Commitments) in connection Commitment with respect to any further Increases requested, if a proposed result of such Increase, and if sufficient Lenders do not agree the aggregate amount of the Increases to increase their the Revolver Commitments in connection with made pursuant this Section 2.16 would exceed $5,000,000) by its Pro Rata Share of the proposed Increase upon the date that such proposed Increase, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase becomes effective (the date such Increase is made, the “Increase Date”). Any Increase shall be in an amount of at least $5,000,000 1,000,000 and integral multiples of $1,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Credit Amount be increased pursuant to this Section 2.14 2.16 on more than two 5 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00013,000,000.

Appears in 1 contract

Samples: Credit Agreement (Birks Group Inc.)

Accordion. (a) At any time during the period from and after the Restatement Effective Date through but excluding the Revolver Maturity Date, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments upon at least ten (10) Business Days’ prior written notice to Agent (or such shorter time period as Agent and the Maximum Revolver Required Lenders may agree), the Term Loan Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Term Loan Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall shall, upon receipt of such written request from the Borrowers, invite each Lender to increase its Revolver Commitments Pro Rata Share of the Term Loan Amount (it being understood that no Lender shall be obligated to increase its Revolver CommitmentsPro Rata Share of the Term Loan Amount) in connection with a proposed IncreaseIncrease at the interest rate proposed by Borrowers. Each Lender shall respond to such request within five (5) Business Days (or such shorter time period as Agent and the Required Lenders may agree) of receipt thereof, and if sufficient Lenders do not agree to increase their Revolver Commitments Pro Rata Share of the Term Loan Amount in connection with such proposed Increase, then Agent (upon the direction of the Required Lenders) or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (subject to the date such Increase is madeconsent of the Required Lenders (not to be unreasonably withheld, the “Increase Date”delayed or conditioned)). Any Increase shall be in an amount of at least $5,000,000 and integral multiples of $1,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Term Loan Amount be increased pursuant to this Section 2.14 2.15 on more than two 3 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,000.

Appears in 1 contract

Samples: Term Loan Agreement (Colt Defense LLC)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity date that is the four (4) year anniversary of the Closing Date, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments Commitments, the Maximum Revolver Amount and the Maximum Stated Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and Commitments, the Maximum Revolver Amount and the Maximum Stated Revolver Amount not to exceed exceed, for each such increase, the Available Increase Amount at the time of such increase (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrowers, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent Agent, Swing Lender, each Issuing Bank and Borrower Borrowers to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 10,000,000 (or if less, the then Available Increase Amount) and integral multiples of $1,000,000 in excess thereof. In no event may the Revolver Commitments Commitments, the Maximum Revolver Amount and the Maximum Stated Revolver Amount be increased pursuant to this Section 2.14 on more than two five (5) occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00050,000,000.

Appears in 1 contract

Samples: Credit Agreement (Accuride Corp)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity date that is the one (1) year anniversary of the Closing Date, at the option of Borrower (but subject to the conditions set forth in clause (b) below), the Revolver Revolving Credit Facility Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments Revolving Credit Facility Commitment and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments Revolving Credit Facility Commitment (it being understood that no Lender shall be obligated to increase its Revolver CommitmentsRevolving Credit Facility Commitment) in connection with a proposed IncreaseIncrease on the terms set forth in this Agreement, and if sufficient Lenders do not agree to increase their Revolver Commitments Revolving Credit Facility Commitment in connection with such proposed Increase, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 and integral multiples of $1,000,000 in excess thereof. In no event may the Revolver Commitments Revolving Credit Facility Commitment and the Maximum Revolver Amount be increased pursuant to this Section 2.14 2.19 on more than two 2 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,000.

Appears in 1 contract

Samples: Credit Agreement (JMP Group Inc.)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity date that is the 3 year anniversary of the Closing Date, at the option of Borrower (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount $25,000,000 (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed Increase, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 10,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two 2 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00025,000,000.

Appears in 1 contract

Samples: Credit Agreement (Nuverra Environmental Solutions, Inc.)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity date that is the one (1) year anniversary of the ClosingFifth Amendment Effective Date, at the option of Borrower (but subject to the conditions set forth in clause (b) below), the Revolver Revolving Credit Facility Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments Revolving Credit Facility Commitment and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments Revolving Credit Facility Commitment (it being understood that no Lender shall be obligated to increase its Revolver CommitmentsRevolving Credit Facility Commitment) in connection with a proposed IncreaseIncrease on the terms set forth in this Agreement, and if sufficient Lenders do not agree to increase their Revolver Commitments Revolving Credit Facility Commitment in connection with such proposed Increase, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 and integral multiples of $1,000,000 in excess thereof. In no event may the Revolver Commitments Revolving Credit Facility Commitment and the Maximum Revolver Amount be increased pursuant to this Section 2.14 2.19 on more than two 2 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,000.38

Appears in 1 contract

Samples: Credit Agreement (JMP Group LLC)

Accordion. (a) At any time during the period from and after the Restatement Amendment No. 811 Effective Date through but excluding the Revolver Maturity DateMarch 24December 14, 20212024, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margins proposed by Borrowers, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent and Borrower Borrowers to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two three occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00025,000,000.

Appears in 1 contract

Samples: Credit Agreement

Accordion. (a) At any time during the period from and after the Restatement Effective Date through but excluding the Revolver Maturity Closing Date, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrowers, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent and Borrower Borrowers to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 10,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 more than one time per calendar year or on more than two 2 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00020,000,000.

Appears in 1 contract

Samples: Credit Agreement (ModusLink Global Solutions Inc)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity date that is the 4th year anniversary of the Closing Date, at the option of Borrower (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an "Increase"). Agent shall invite each Lender to increase its Revolver Commitments (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrower, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 2.2 on more than two three occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,000125,000,000.

Appears in 1 contract

Samples: Credit Agreement (MDC Partners Inc)

Accordion. (a) At any time during the period from and after the Restatement Effective Date through but excluding the Revolver Maturity Datetime, at the option of Borrower Borrowers (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and that will not result in the Maximum Revolver Amount not to exceed the Available Increase Amount being in excess of $150,000,000 (each such increase, an “Increase”). Agent shall invite each Lender and/or prospective lenders that are reasonably acceptable to increase its Revolver Commitments the Borrowers and Agent to participate in such proposed Increase (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrowers, and if sufficient Lenders do not agree to increase their Revolver Commitments in connection with such proposed Increase, then Agent or Borrower Borrowers may invite any prospective lender who is reasonably satisfactory to Agent and Borrower Borrowers to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 and integral multiples of $1,000,000 5,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 2.13 on more than two 3 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed result in the Maximum Revolver Amount being in excess of $10,000,000150,000,000.

Appears in 1 contract

Samples: Credit Agreement (Seventy Seven Energy Inc.)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity date that is the fourth year anniversary of the Closing Date, at the option of Borrower (but subject to the conditions set forth in clause (b) below), the Revolver Commitments and the Maximum Revolver Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount not to exceed the Available Increase Amount (each such increase, an “Increase”). Agent shall invite each Lender to increase its Revolver Commitments (as the case may be) (it being understood that no Lender shall be obligated to increase its Revolver Commitments) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrower, and if sufficient Lenders do not agree to increase their Revolver Commitments (as the case may be) in connection with such proposed Increase, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 and integral multiples of $1,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount be increased pursuant to this Section 2.14 on more than two 2 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments exceed $10,000,00025,000,000.

Appears in 1 contract

Samples: Credit Agreement (Medical Action Industries Inc)

Accordion. (a) At any time during the period from and after the Restatement Effective Closing Date through but excluding the Revolver Maturity date that is the 3 year anniversary of the Closing Date, at the option of Borrower (but subject to the conditions set forth in clause (b) below)) and solely for the purpose of financing Permitted Acquisitions, the Revolver Commitments and the Maximum Revolver Amount or the Term Loan Amount may be increased by an amount in the aggregate for all such increases of the Revolver Commitments and the Maximum Revolver Amount and the Term Loan Amount not to exceed the Available Increase Amount (each such increase, an "Increase"); provided, that in no event shall the Revolver Commitments and the Maximum Revolver Amount be increased by an amount in excess of the Available Revolver Increase Amount. Agent shall invite each Lender to increase its Revolver Commitments or its Pro Rata Share of the Term Loan Amount (as the case may be) (it being understood that no Lender shall be obligated to increase its Revolver CommitmentsCommitments or its Pro Rata Share of the Term Loan Amount) in connection with a proposed IncreaseIncrease at the interest margin proposed by Borrower, and if sufficient Lenders do not agree to increase their Revolver Commitments or their Pro Rata Share of the Term Loan Amount (as the case may be) in connection with such proposed Increase, then Agent or Borrower may invite any prospective lender who is reasonably satisfactory to Agent and Borrower to become a Lender in connection with a proposed Increase (the date such Increase is made, the “Increase Date”)Increase. Any Increase shall be in an amount of at least $5,000,000 1,000,000 and integral multiples of $1,000,000 in excess thereof. In no event may the Revolver Commitments and the Maximum Revolver Amount or the Term Loan Amount be increased pursuant to this Section 2.14 on more than two 3 occasions in the aggregate for all such Increases. Additionally, for the avoidance of doubt, it is understood and agreed that in no event shall the aggregate amount of the Increases to the Revolver Commitments and the Term Loan Amount exceed $10,000,000.

Appears in 1 contract

Samples: Credit Agreement (Streamline Health Solutions Inc.)

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