Changes of Commitments; Incremental Increases Sample Clauses

Changes of Commitments; Incremental Increases. (a) At any time, Borrower shall have the right, without premium or penalty, to terminate any unused Commitments existing as of the date of such termination, in whole or in part, from time to time, provided that: (1) Borrower shall give notice of each such termination to Administrative Agent (which shall promptly notify each of the Banks holding such Commitments) no later than 10:00 a.m. (New York time) on the date which is three (3) U.S. Government Securities Banking Days prior to the effectiveness of such termination (it being understood that any notice of termination may be conditioned upon the consummation of any financing or acquisition or similar transaction and, to the extent such condition is not satisfied by the effective date specified therein, such notice of termination may be revoked or the effective date specified therein may be delayed); (2) (x) [reserved], (y) the Commitments of each of the Banks must be terminated (and, in the case of a partial termination, on a pro rata basis) simultaneously with those of the other Banks, and (z) [reserved]; and (3) each partial termination of the Commitments in the aggregate shall be in an integral multiple of One Million Dollars ($1,000,000). (b) The Commitments, to the extent terminated pursuant to Section 2.16(a), may not be reinstated. (c) Unless a Default or an Event of Default has occurred and is continuing, Borrower, by written notice to Administrative Agent, may request to increase the Commitment or enter into one or more tranches of term loans (each an “Incremental Increase”), in each case by/in an amount not less than Fifty Million Dollars ($50,000,000) per request and not more than Two Hundred Million Dollars ($200,000,000) in the aggregate (such that the aggregate outstanding principal amount of the Term Loans after any such Incremental Increase shall never exceed Four Hundred Million Dollars ($400,000,000)); provided that (a) any such request shall be accompanied by a certificate from Borrower confirming that the representations and warranties of Borrower and each other Loan Party contained in this Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date of the requested Incremental Increase (except in those cases where such representation or warranty expressly relates to an earlier date or is qualified as to “materiality”, “Material Adverse Change” or similar language (which shall be true and correct in all respects as qualified therein) ...