Amendment to Commitments. Effective as of the date hereof, the Commitment amounts set forth on the signature pages to the Agreement are hereby amended to be the amounts set forth below for the respective Banks: Texas Commerce Bank National Association $21,000,000 Boatmen's National Bank of Oklahoma 19,000,000 UMB Oklahoma Bank 15,000,000 Summit Bank 15,000,000 BancFirst 10,000,000 ----------- TOTAL $80,000,000 ----------- -----------
Amendment to Commitments. 2.1 The Facility is hereby increased from $100,000,000 to $150,000,000. Upon this Agreement becoming effective, the Commitment of each Lender in respect of the Facility is as specified opposite to its signature on the signature page hereof.
2.2 Upon this Agreement becoming effective, BMO will have the rights and be obligated to perform the obligations of a Lender under the Credit Agreement and will be bound by and entitled to the full benefit of the Credit Agreement and of the other Credit Documents (including the Security Documents) as if it were an original party thereto.
2.3 The parties agree that the aggregate amount of additional Increases of the Facility that may be requested by the Borrower after the date hereof pursuant to Section 2.10 of the Credit Agreement is reset to $50,000,000.
Amendment to Commitments. (a) Effective as of the Closing Date, Schedule 1.1A to the Credit Agreement (the “Existing Schedule 1.1A”) is hereby amended and restated in its entirety in the form of Schedule 1.1A (the “New Schedule 1.1A”) to the Sixth Amended and Restated Credit Agreement (as defined below). Each Revolving Lender that is listed on the Existing Schedule 1.1A but is not listed on the New Schedule 1.1A is referred to herein as a “Departing Revolving Lender”. Each Revolving Lender that is not listed on Existing Schedule 1.1A, but is listed on the New Schedule 1.1A is referred to herein as a “New Revolving Lender”. Each Revolving Lender that is listed on both the New Schedule 1.1A and the Existing Schedule 1.1A is referred to herein as a “Continuing Revolving Lender”, and the New Revolving Lenders and the Continuing Revolving Lenders are collectively referred to as the “Amendment Lenders”.
(b) Each Departing Revolving Lender’s Revolving Loans shall be deemed assigned in full in accordance with Section 1.04 hereof. Effective as of the Closing Date, each Departing Revolving Lender is no longer a Lender.
(c) Each New Revolving Lender hereby becomes a party to the Amended and Restated Credit Agreement and shall for all purposes of the Loan Documents be deemed to be a “Lender” with the Commitment set forth next to such New Revolving Lender on New Schedule 1.1A. Each New Revolving Lender acknowledges and agrees that (x) it has received a copy of the Amended and Restated Credit Agreement and the other Loan Documents and (y) it shall be bound by the terms of the Amended and Restated Credit Agreement as fully and to the same extent as if it were an original Lender and will perform all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Lender.
Amendment to Commitments. 3.1 The Credit is hereby increased from US$140,000,000 to US$170,000,000 and the amount of the Increase (namely, US$30,000,000) is allocated to [REDACTED]. After giving effect to the Increase, the total Commitment of each Lender in respect of the Credit is as specified in the attached Schedule as at the date hereof.
3.2 Upon this Agreement becoming effective, the Borrower’s remaining rights under Section 2.9 of the Credit Agreement will be reduced such that any additional increase to the Credit that may later be requested by the Borrower pursuant to such Section 2.9 may not exceed US$80,000,000.
Amendment to Commitments. (a) The Borrowers and Guarantors acknowledge and agree effective April 20, 2007, the total Revolving Advance Commitment and the total Other Currency Commitment shall each be increased pursuant to Sections 2.01(b) and 2.16(a)(2) of the Credit Agreement in an amount equal to $30,000,000 (together with a corresponding increase in the Facility Commitment) for a total maximum Revolving Advance Commitment of $180,000,000, a total Other Currency Commitment of $180,000,000 and a total Facility Commitment of $180,000,000;
(b) The signature page to the Credit Agreement for each of the Banks is hereby amended by deleting the U.S. Dollar Letter of Credit Commitment, the Other Currency Letter of Credit Commitment, and each of the other Commitments of such Bank set forth on such signature page and by substituting therefor the new U.S. Dollar Letter of Credit Commitment, the Other Currency Letter of Credit Commitment, and other Commitments set forth for each such Bank on the signature page to this Amendment with respect to such Bank.
Amendment to Commitments. (a) Schedule 1.1A to the Credit Agreement is hereby amended by deleting such Schedule and inserting in lieu thereof the Schedule 1.1A attached hereto.
Amendment to Commitments. Effective as of the date hereof, the Commitment amounts set forth on the signature pages to the Agreement are hereby amended to be the amounts set forth below for the respective Banks: Bank of America, N.A. $ 25,000,000 UMB Bank, n.a. 15,000,000 Fleet National Bank 20,000,000 BancFirst 20,000,000 TOTAL $ 80,000,000
Amendment to Commitments. 3.1 The Credit is hereby increased from US$170,000,000 to US$250,000,000 and the amount of the Increase (namely, US$80,000,000) is allocated to National Bank of Canada, Deutsche Bank AG, Canada Branch, Citibank, N.A. Canadian Branch, Royal Bank of Canada, The Toronto-Dominion Bank and Export Development Canada. After giving effect to the Increase, the total Commitment of each Lender in respect of the Credit is as specified in the attached Schedule “A” as at the date hereof.
3.2 Upon this Agreement becoming effective, no additional increase to the Credit may later be requested by the Borrower pursuant to such Section 2.9.
Amendment to Commitments. 3.1 The Credit is hereby increased from US$100,000,000 to US$138,000,000 and the amount of the Increase (namely, US$38,000,000) is allocated to Ressources Québec Inc. After giving effect to the Increase, the total Commitment of each Lender in respect of the Credit is as specified in the attached Schedule as at the date hereof.
3.2 Upon this Agreement becoming effective, the Borrower’s remaining rights under Section 2.9 of the Credit Agreement will be reduced such that any additional increase to the Credit that may later be requested by the Borrower pursuant to such Section 2.9 may not exceed US$112,000,000.
Amendment to Commitments. The first sentence of Section 2.1 shall be amended to read in its entirety as follows: Each Bank severally agrees, on the terms and conditions set forth in this Agreement, to make loans to the Borrower pursuant to this Section 2.1 from time to time during the Term of this Agreement; provided that (i) the amount of all Outstanding Credit Extensions shall not at any time exceed (x) the aggregate amount of the Commitments minus (y) the sum of (1) so long as the Term Loan Extension has not occurred, the aggregate principal amount of Debt outstanding under the Term Loan Agreement and (2) the amount of Excess Securities Proceeds which has not been applied either to reduce the Commitments or to prepay, redeem, repurchase or retire Senior Subordinated Notes (the "Subordinated Note Prepayment Reserve"), it being understood that, notwithstanding the limitations set forth in this clause (i) the Borrower may borrow all or any portion of the Subordinated Note Prepayment Reserve so long as the Borrower certifies that all of the proceeds of such Borrowing will be, and such proceeds are, applied to prepay, redeem, repurchase or retire Senior Subordinated Notes; and (ii) the aggregate principal amount of Committed Loans by any Bank at any one time outstanding shall not exceed the lesser of (x) its Commitment and (y) its pro rata share of the amount set forth in clause (i) of this proviso.
