Commitment Adjustments. In connection with the adjustment of the amounts of the Commitments of the Defaulting Lender and Electing Lender(s) upon the expiration of the Election Period described above, Borrower, Administrative Agent and Lenders shall execute such modifications to the Loan Documents as shall, in the reasonable judgment of Administrative Agent, be necessary or desirable in connection with the adjustment of the amounts of Commitments in accordance with the foregoing provisions of this Section. For the purpose of voting or consenting to matters with respect to the Loan Documents such modifications shall also reflect the removal of voting rights of the Defaulting Lender and increase in voting rights of Electing Lenders to the extent an Electing Lender has funded the Defaulting Lender Amount. In connection with such adjustments, each Defaulting Lender shall execute and deliver an Assignment and Assumption covering that Lender’s Commitment and otherwise comply with Section 10.5. If a Lender refuses to execute and deliver such Assignment and Assumption or otherwise comply with Section 10.5, such Lender hereby appoints Administrative Agent to do so on such Lender’s behalf. Administrative Agent shall distribute an amended schedule of Lenders, which shall thereafter be incorporated into this Agreement, to reflect such adjustments. However, all such Defaulting Lender Amounts funded by Administrative Agent or Electing Lenders shall continue to be Defaulting Lender Amounts of the Defaulting Lender pursuant to its obligations under this Agreement.
Commitment Adjustments. Each of the parties hereto agrees that the Administrative Agent may, in consultation with Company, take any and all actions as may be reasonably necessary to ensure that after giving effect to any increase in the Commitments pursuant to this Section, the outstanding Loans (if any) are held by the Lenders with Commitments in accordance with their new Applicable Percentages as shown on an updated Schedule 2.01 which will be attached to this Agreement. This may be accomplished at the discretion of the Administrative Agent, as applicable: (i) by requiring the outstanding Loans to be prepaid with the proceeds of the new Loans; (ii) by causing the Non Increasing Lenders to assign portions of their outstanding Loans to Increasing Lenders and Augmenting Lenders; (iii) by permitting the Loans outstanding at the time of any increase in the Commitment pursuant to this Section 2.05 to remain outstanding until the last days of the respective Interest Periods, therefor, even though the Lenders would hold such Loans other than in accordance with their new Applicable Percentages; or (iv) by any combination of the foregoing.
Commitment Adjustments. Notwithstanding anything to the contrary in the Credit Agreement, each party hereto agrees (i) that solely with respect to any assignments required or desired to effectuate the purposes set forth in this Amendment, such assignments shall be deemed to be made in requisite amounts among the Lenders and from each Lender to each other Lender, with the same force and effect as if such assignments were evidenced by any applicable Assignment and Assumptions under the Credit Agreement and (ii) to any adjustments to be made to the Register to effectuate such reallocations and assignments. In connection therewith, any reallocation of Commitments among the applicable Lenders resulting from such adjustments, and any reallocation among the applicable Lenders of outstanding Loans resulting from such adjustments, shall, in each case, occur on the effective date of this Amendment in connection with this Amendment, and the Administrative Agent may make such adjustments between and among the Lenders in consultation with the Borrowers as are reasonably necessary to effectuate such adjustments, so that the Commitments are as set forth on the revised Schedule 1.1(b) attached hereto as Exhibit A as of the effectiveness of this Amendment. Notwithstanding anything to the contrary in Section 13.10(b) of the Credit Agreement or this Amendment, (i) no other documents or instruments, including any Assignment and Assumption, shall be executed in connection with these assignments (all of which requirements are hereby waived), (ii) no fees shall be required to be paid to the Administrative Agent in connection with such assignments, and (iii) such assignments shall be deemed to be made with all applicable representations, warranties and covenants as if evidenced by an Assignment and Assumption; in each case, without limiting the requirement that each Lender shall be an Eligible Assignee.
Commitment Adjustments. Each of the parties hereto acknowledges that certain Lenders are ceasing to be Lenders as of the Fifth Amendment Effective Date (as defined below) and that certain adjustments in the Commitments of other Lenders will be effective on the Fifth Amendment Effective Date. Accordingly, the parties hereto agree that on and as of the Fifth Amendment Effective Date: (a) the Commitments of the Lenders identified in Schedule II as terminating lenders (such Lenders, the “Terminating Lenders”) shall terminate and each Terminating Lender shall cease to be a party to the Credit Agreement; and (b) the Commitments of each Lender that is not a Terminating Lender shall be adjusted to the amount set forth for such Lender on Schedule I as the Commitment of such Lender.
Commitment Adjustments. Each of the parties hereto acknowledges that, in accordance with Section 13.19 of the Credit Agreement, the Commitments of each Lender were adjusted on March 25 2003, to the amount set forth for such Lender on Schedule II as the Commitment of such Lender.
Commitment Adjustments. In order to give effect to the amendment in the Commitments provided for herein, the principal amount of outstanding Advances shall be adjusted by the Administrative Agent in accordance with its normal practices as follows:
Commitment Adjustments. Schedules 2.01 and 2.02 to the Credit Agreement are hereby amended to be in the form of Schedules 2.01 and 2.02 to this First Amendment, the Revolving Commitments and Term Commitments of each Increasing Lender, after giving effect to this First Amendment, are set forth on such Schedules 2.01 and 2.02, respectively, and the Revolving Pro Rata Shares and Term Pro Rata Shares of each Lender after giving effect to this First Amendment, are set forth on such Schedules 2.01 and 2.02.
Commitment Adjustments
