Additional Commitment. (a) Borrower shall have a one time right to request that the Lead Agent obtain additional Commitments (the "Subsequent Additional Commitments") so --------------------------------- that the Maximum Facility Amount is equal to an amount up to Three Hundred Seventy-Five Million Dollars ($375,000,000) (such amount, the "Target Facility --------------- Amount"), which request shall be made by the Borrower giving written notice (the ------ "Subsequent Additional Commitment Notice") to the Lead Agent at least thirty --------------------------------------- (30) days prior to the date that is the eighteenth month anniversary of the Closing Date (the "Syndication Expiration Date") setting forth such details with --------------------------- respect thereto as are reasonably requested by the Lead Agent (including, without limitation, the amount (the "Subsequent Additional Commitment Amount") --------------------------------------- by which the Maximum Facility Amount is to be increased). Upon receipt of such request, the Lead Agent shall use its best efforts, with the assistance of the Borrower, to arrange a syndicate of Banks with Commitments (including the Initial Commitments), aggregating the Target Facility Amount on or before the Syndication Expiration Date. Notwithstanding anything to the contrary contained herein no Bank shall be obligated to increase the amount of its Commitment to an amount that is greater than such Bank's Initial Commitment.
(b) Subsequent Additional Commitments shall be offered pro rata to the Banks party hereto as of the date of the Subsequent Additional Commitment Notice. Each Bank (each, an "Accepting Bank") that accepts such additional -------------- amount within fifteen (15) days after receipt of an offer from the Lead Agent therefor may increase its Commitment by a maximum amount (each, a "Commitment ---------- Increase") equal to the product of (x) the Subsequent Additional Commitment -------- Amount times (y) the percentage that such Bank's Initial Commitment bears to the Available Facility as of the Closing Date. If any Bank (each, a "Declining --------- Bank") shall not accept such additional amount within fifteen (15) days after ---- receipt of an offer therefor from the Lead Agent, (i) such Declining Bank's Commitment shall remain at an amount equal to its Initial Commitment and (ii) the Borrower may request (x) any Accepting Bank to further increase its Commitment by an amount equal to all or any portion of an aggregate amoun...
Additional Commitment. Where a Party undertakes specific commitments on measures affecting trade in services not subject to scheduling under Articles 9.3 and 9.4, such commitments are inscribed in its Schedule as additional commitments.
Additional Commitment. To the extent that AFC and Adviser may reach agreement on Adviser’s rendering additional services hereunder during the term of this agreement as part of an Additional Commitment by Adviser, AFC shall pay to Adviser consideration in cash or such other form or forms, monthly or such other time or times, and in such amount or amounts, as the parties may agree, provided that if the parties agree on an Additional Commitment by Adviser but do not otherwise specify the form, timing or amount of fees payable by AFC to Adviser thereunder, the additional fees thus payable by AFC to Adviser will be paid in the same form, at the same time or times, and based on the same hourly rate, as is then in effect for fees payable by AFC to Adviser under the latter’s Basic Commitment. For this purpose, the hourly rate payable to Adviser from time-to-time under the Basic Commitment shall equal the annualized amount of cash then payable under the Basic Commitment divided by the minimum annualized hours to which the Basic Commitment then relates.
Additional Commitment. The portion (if any) of any Lender’s Commitment which will become effective on the Commitment Increase Date if the Total Commitment is increased pursuant to §2.2.
Additional Commitment. Each Bid Lender's commitment under an accepted special bid, each Issuing Lender's issuance of an Approved GNMA Letter of Credit and each Rate Hedging Agreement entered into by a Lender shall be in addition to such Lender's Commitment and shall not reduce such Lender's obligation to continue to fund its Adjusted Commitment Percentage of any other Advance.
Additional Commitment. The Company may, from time to time during the Commitment Period, request an increase in the principal amount of the Commitment from the Company by delivering a written request for an Additional Commitment to the Company in the form set out at Exhibit F, which notice shall include the date of the request, the amount of the additional commitment expressed in Canadian dollars which is in excess of the Commitment and any prior mutually agreed upon additional commitments (the “Additional Commitment”), and the deadline by which the Investor must accept or reject the request for Additional Commitment which deadline must be at least ten (10) Trading Days from the date of the request. The Investor is under no obligation to accept any request for an Additional Commitment, and acceptance on one request for Additional Commitment does not obligate the Investor to accept any future requests for Additional Commitment. If the Investor accepts any request for Additional Commitment, the Investor will deliver an executed copy of the acceptance in the form set out at Exhibit F to the Company and the Company will be required to pay the Additional Commitment Fee and issue the Additional Fee Warrants to the Investor in accordance with clause 4.2. The Additional Commitment will not be effective until the Additional Commitment Fee is paid and Additional Fee Warrants are issued. All Additional Commitments that are agreed to and accepted by the Investor will be governed by the terms and conditions of this Agreement as if the then outstanding principal amount of the Commitment was increased to include any accepted Additional Commitments.
Additional Commitment. Section 9.18 of the Credit Agreement is hereby deleted.
Additional Commitment. 97 REVOLVING CREDIT AGREEMENT REVOLVING CREDIT AGREEMENT, dated as of October 24, 2000, among CABOT INDUSTRIAL PROPERTIES, L.P. (the "Borrower"), XXXXXX GUARANTY TRUST COMPANY OF -------- NEW YORK, as Bank and as Lead Agent for the Banks, THE CHASE MANHATTAN BANK, as Syndication Agent, FLEET NATIONAL BANK, as Documentation Agent, and the BANKS parties hereto (the "Banks"). ----- The parties hereby agree as follows:
Additional Commitment. The Original Borrower may notify the Facility Agent (such notice being an "Additional Commitment Notice") that it has agreed with any Lender or any other bank or financial institution (in each case, an "Additional Lender") to increase the Total Facility Amount by the provision of additional commitments under the Facility (each such increase in commitments being an "Additional Commitment"), provided that:
Additional Commitment. In order to operate transactions under this attachment, besides the provisions of the Agreement, Party A shall make hereby additional commitment to Party B as follow:
I. In the event that the import and export commercial contract is changed in connection with the letter of credit after such letter of credit has been opened, Party A shall notify Party B immediately in writing form;
II. After Party B pays advance or makes acceptance or undertakes to pay, Party B shall have the rights to handle the whole set of documents/goods under the letter of credit, or other security interests or rights and interests in property which may be owned in accordance with any applicable laws and/or regulations. In the event that the rights to handle the whole set of documents/goods shall be owned by Party A in accordance with the applicable laws and/or regulations or the award of court or arbitral authority with jurisdiction, Party A shall agree to transfer unconditionally such rights to Party B to the extent of the applicable laws, and recognize all the acts or omissions on documents/goods taken by Party B. In the event that the rights to handle the whole set of documents/goods shall be owned by Party B in accordance with the applicable laws and/or regulations or the award of court or arbitral authority with jurisdiction, Party B shall retain such rights until Party A retires documents or pays off the advances of Party B. In regard with usance draft which has been accepted by Party B or the deferred payment which has been confirmed by Party B, Party A shall not require Party B in any reason to stop such payment, and to the extent of laws release its right to apply to the People’s Court in any reason for freezing all payments under the letter of credit or submit an appeal to the People’s Court in any reason for requiring to stop such payments.
III. Party A shall undertake all the risks on transactions under the letter of credit against loss, delay, error, negligence and damage etc. arising from posting, telecommunicating or sending letter and telegraph and documents in other methods, as well as the risks arising from that Party B uses the service of any third party.
