Additional Increase Sample Clauses
Additional Increase. (a) The Company may by notice to the Agent of no less than 15 Business Days (or such shorter period as agreed with the Agent), request on not more than four occasions from time to time that the Total Commitments be increased (and the Total Commitments shall be increased) (an “Additional Increase”) in an aggregate amount in the Base Currency not exceeding (when aggregated with each other such Additional Increase previously effected) USD 20,000,000, provided that:
(i) the increased Commitments will be assumed by one or more Lenders or other banks, financial institutions, trusts, funds or other entities (each an “Additional Increase Lender”) selected by the Company, each of which:
(A) shall not be an Investor Affiliate (unless approved by the Majority Lenders) or a member of the Group;
(B) the Agent is satisfied that it has complied with all necessary “know your customer” or similar checks under all applicable laws and regulations; and
(C) confirms its willingness to assume and does assume all the obligations of a Lender corresponding to that part of the increased Commitments which it is to assume, as if it had been an Original Lender;
(ii) each of the Obligors and any Additional Increase Lender shall assume obligations towards one another and/or acquire rights against one another as the Obligors and the Additional Increase Lender would have assumed and/or acquired had the Additional Increase Lender been an Original Lender;
(iii) each Additional Increase Lender shall become a Party as a “Lender” and any Additional Increase Lender and each of the other Finance Parties shall assume obligations towards one another and acquire rights against one another as that Increase Lender and those Finance Parties would have assumed and/or acquired had the Additional Increase Lender been an Original Lender;
(iv) the Commitments of the other Lenders shall continue in full force and effect;
(v) no Default is continuing or would result from such Additional Increase; and
(vi) any increase in the Total Commitments shall take effect on the date specified by the Company in the notice referred to above or any later date on which the conditions set out in paragraph (b) below are satisfied.
(b) An increase in the Total Commitments under this Clause 2.3 will only be effective on:
(i) the execution by the Agent of an Additional Increase Confirmation from the relevant Additional Increase Lender; and
(ii) in relation to an Additional Increase Lender which is not a Lender immediately prior...
Additional Increase. Administrative Agent shall, at the request of Borrower (not more than three (3) times), increase the Facility Amount to the amount requested by Borrower by increasing the Commitment of the Alternate Lenders (each, an “Increasing Lender”), subject to the following conditions:
(i) Borrower shall have delivered to Administrative Agent the Facility Increase Request at least three (3) Business Days prior to the date of increase;
(ii) After giving effect to the increase in the Commitment of each Increasing Lender, the aggregate amount of Alternate Lenders’ Commitments will not exceed the Maximum Commitment;
(iii) Each increase in the aggregate amount of Alternate Lenders’ Commitments shall be in a minimum amount of $50,000,000;
(iv) No Event of Default or Potential Default has occurred and is continuing or would result from such increase in the Alternate Lenders’ Commitments; and
(v) Borrower shall have paid the applicable fees in accordance with the applicable Fee Letter on or prior to the date of increase.
Additional Increase. Each Purchaser consents to the Company’s subsequent execution of an amendment to the Agreement to provide for the purchase and sale of up to 461,539 additional shares of Common Stock on the same terms and conditions, which would increase the number of Common Shares sold under the Agreement to 4,769,231 shares of Common Stock and increase the minimum investment amount from $140 million to $155 million. Castle Creek shall have, for a period of 30 days following the execution of this Amendment, the right to modify its signature page to this Amendment to increase its Subscription Amount by $15,000,017.50 to $60,000,005.00 and to increase the aggregate number of shares of Common Shares to be Acquired by 461,539 shares of Common Stock, and no less than such amount, to 1,846,154 shares of Common Stock. In the event the Company executes an amendment to this Agreement to provide for the purchase of an additional 461,539 shares of Common Stock, whether pursuant to Castle Creek’s exercise of its right or, if Castle Creek declines to exercise its right, via sale to another purchaser, the definition of Common Shares shall automatically, without any further action of the Company or the Purchasers, increase to 4,769,231 shares of Common Stock and the minimum investment amount set forth in Sections 5.1(g) and 5.2(e) shall automatically, without any further action of the Company or the Purchasers, increase to $155 million.