Commitment Increase; New Lenders Clause Samples

Commitment Increase; New Lenders. (a) Borrower and the Guarantors hereby acknowledge and agree that as of the Effective Date, the amount of each Lender’s Revolving Credit Commitment shall be the amount set forth on Schedule 1.1 attached to the Revised Second Amended and Restated Credit Agreement (the amount by which the Total Revolving Credit Commitment is being increased hereby being referred to herein as the “Commitment Increase”). In connection with the Commitment Increase, each of (i) the existing Revolving Credit Lenders which are increasing their respective Revolving Credit Commitment and (ii) Truist Bank (“New Lender”) shall be issued a new Revolving Credit Note in the principal face amount of its Revolving Credit Commitment (collectively, the “New Revolving Credit Notes”), each of which will be a “Revolving Credit Note” under the Credit Agreement, and each such increasing Revolving Credit Lender will promptly after receipt of its New Revolving Credit Note return to Borrower its existing Revolving Credit Note marked “Replaced.” (b) Borrower and the Guarantors hereby acknowledge and agree that as of the Effective Date, the Swing Loan Commitment shall be increased from $50,000,000.00 to $75,000,000.00. In connection with the increase of the Swing Loan Commitment, KeyBank shall be issued a new Swing Loan Note in the principal face amount of $75,000,000.00 (the “New Swing Loan Note”), and upon acceptance of the New Swing Loan Note by KeyBank, (i) the New Swing Loan Note will be the “Swing Loan Note” under the Credit Agreement, and (ii) KeyBank will promptly return to Borrower the existing Swing Loan Note in the principal face amount of $50,000,000.00 marked “Replaced”. (c) By its signature below, New Lender, subject to the terms and conditions hereof, hereby agrees to perform all obligations with respect to its respective Commitment as if New Lender was an original Lender under and signatory to the Credit Agreement having a Commitment, as set forth above, equal to its respective Commitment, which obligations shall include, but shall not be limited to, the obligation of New Lender to make Loans to the Borrower with respect to its Revolving Credit Commitment as required under §2.1 of the Credit Agreement, the obligation to pay amounts due in respect of the Swing Loans as set forth in §2.5 of the Credit Agreement, the obligation to pay amounts due in respect of draws under Letters of Credit as required by §2.10 of the Credit Agreement, and in any case the obligation to indemnify Agent as p...