Commitment Increase Option. The Company may, at any time during the Reinvestment Period, submit a Commitment Increase Request for an increase in the Financing Commitment to up to $350,000,000 (in the aggregate), subject to satisfaction of the following conditions precedent:
(a) each of the Lenders and Administrative Agent (in their sole discretion) approve in writing (which may be by email) such Commitment Increase Request; provided, that each of the Lenders and the Administrative Agent shall use commercially reasonable efforts to respond to any Commitment Increase Request within ten (10) Business Days of receipt thereof; provided, further, that the failure of any Lender or the Administrative Agent to respond within ten (10) Business Days shall not constitute a breach or default of any duty or obligation by such party.
(b) no Market Value Event shall have occurred and no Event of Default shall have occurred and be continuing, in each case on and as of the Commitment Increase Date;
(c) the Borrowing Base Test and the Minimum Equity Test are each satisfied on and as of the Commitment Increase Date;
(d) all of the representations and warranties contained in Article VI and in any other Loan Document shall be true and correct in all material respects (or with respect to such representations and warranties which by their terms contain materiality qualifiers, shall be true and correct), in each case on and as of the Commitment Increase Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (or with respect to such representations and warranties which by their terms contain materiality qualifiers, shall be true and correct) as of such earlier date;
(e) no commitment reduction shall have occurred pursuant to Section 4.07(a) in connection with JPMorgan Chase Bank, National Association ceasing to act as Administrative Agent or the occurrence of a Non-Call Termination Event prior to the Commitment Increase Date;
(f) the Company shall have paid to the Administrative Agent on the Commitment Increase Date, for the account of each Lender, an upfront fee in the amount specified in the Amendment Date Letter;
(g) any Commitment Increase Request shall be in an amount not less than $35,000,000 (or, if the positive difference between $350,000,000 and the Financing Commitment in effect immediately prior to such Commitment Increase Request is less than $35,000,000, the amount of such pos...
Commitment Increase Option. Provided that no Default or Event of Default has occurred and is continuing and subject to the terms and conditions of this Agreement, Borrowers may elect to increase the Aggregate Revolving Credit Commitment to $60,000,000, but not less than $60,000,000, by delivery to Agent at least ten (10) Business Days’ prior to the effectiveness thereof, of irrevocable written notice of such election, which notice must be in form and substance acceptable to Agent (a “Commitment Increase Option”). After the exercise of such Commitment Increase Option, the Aggregate Revolving Credit Commitment shall remain at $60,000,000 until the Revolving Credit Termination Date.
Commitment Increase Option. (a) The Company may, at its option and without the consent of the Banks, at any time and from time to time, seek to increase the Aggregate MC Commitments or the Aggregate USD Commitments, or both, by up to an aggregate amount of $2,000,000,000 for all such increases (resulting in a maximum Aggregate Commitments of $7,000,000,000) upon written notice to the Administrative Agent and the Collateral Agent, which notice shall specify the amount of any such increase and shall be delivered at a time when no Default or Unmatured Default has occurred and is continuing. The Company may, in its sole discretion, offer the increase in the Aggregate MC Commitments or the Aggregate USD Commitments to existing Banks or to other lenders or entities reasonably acceptable to the Administrative Agent and the Company. No increase in the Aggregate MC Commitments or the Aggregate USD Commitments, or both, shall become effective until the existing or new Banks extending such new or increased MC Commitment or USD Commitment amount (which such increase shall be determined by each such existing or new Bank in its sole discretion) and the Company shall have delivered to the Administrative Agent a document reasonably satisfactory to the Administrative Agent and the Company pursuant to which any such existing Bank states the amount of its MC Commitment or USD Commitment increase (as the case may be), any such new Bank states its MC Commitment or USD Commitment amount (as the case may be) and agrees to assume and accept the obligations and rights of a Bank hereunder and the Company accepts such new or increased MC Commitments or USD Commitments. The Banks (new or existing) shall accept an assignment from the existing Banks, and the existing Banks shall make an assignment to the new or existing Banks accepting a new or increased MC Commitment or USD Commitment (as the case may be), of a direct interest in each then outstanding MC Advance or USD Advance, as applicable, such that, after giving effect thereto, all credit exposure hereunder is held ratably by the Banks in proportion to their respective MC Commitments or USD Commitments. Assignments pursuant to the preceding sentence shall be made in exchange for the principal amount assigned plus accrued and unpaid interest and accrued and unpaid facility fees. Any such increase of the Aggregate MC Commitments or USD Commitments, respectively shall be subject to receipt by the Administrative Agent from the Company of such supplemental opinio...
Commitment Increase Option. Provided that no Default or Event of Default has occurred and is continuing and subject to the terms and conditions of this Agreement, at any time prior to the Revolving Credit Termination Date, but on not more than three (3) separate occasions, the Borrowers may elect to increase the Aggregate Revolving Credit Commitment by delivery to Agent of at irrevocable written notice of such an election at least ten (10) Business Days’ prior to the effectiveness thereof, which notice must be in form and substance acceptable to Agent (a “Commitment Increase Option”); provided, however, that (i) the Aggregate Revolving Loan Commitment shall at no time exceed $60,000,000; and (ii) each such request shall be for an amount not less than $5,000,000 or a higher integral multiple of $5,000,000. After the exercise of any such Commitment Increase Option, the Aggregate Revolving Credit Commitment shall remain at the increased amount until the Revolving Credit Termination Date.”
Commitment Increase Option. The Company may, at any time during the Reinvestment Period, submit a Commitment Increase Request for an increase in the Financing Commitment to up to $500,000,000750,000,000 (in the aggregate), subject to satisfaction of the following conditions precedent:
(a) each of the Lenders and Administrative Agent (in their sole discretion) approve in writing (which may be by email) such Commitment Increase Request;
(b) no Market Value Event shall have occurred and no Event of Default shall have occurred and be continuing, in each case on and as of the Commitment Increase Date;
1. Types of Financing Available Financing Limit
