Common use of Committed Increase Clause in Contracts

Committed Increase. The Lead Borrower may from time to time make a written request to Agent for an increase in the Aggregate Commitments by an amount (for all such requests) not exceeding $10,000,000 (the “Committed Increase”); provided, that, (i) any such Committed Increase shall be in a minimum amount of $5,000,000, (ii) the amount of the Aggregate Commitments, as the same may be increased pursuant to any Committed Increase, shall not exceed $25,000,000 at any time, (iii) the Lead Borrower may make a maximum of two (2) such requests, (iv) as of the date of any such Committed Increase, and after giving effect thereto, no Default or Event of Default shall exist or have occurred and be continuing, and (v) as to any such Committed Increase, Borrowers shall have paid a fee to Xxxxx Fargo for its own account in the amount equal to one-half percent (0.50%) of the amount of such Committed Increase. Any such Committed Increase shall be effectuated as soon as reasonably practicable after the request of the Lead Borrower therefor. Any such Committed Increase shall be provided solely by Xxxxx Fargo (or any permitted assignee or Participant of Xxxxx Fargo) and shall otherwise be on the same terms as the existing facility under this Agreement. Upon the effective date of any such Committed Increase (the “Increase Effective Date”) (i) the Aggregate Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Committed Increase, and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the revised Commitments and Applicable Percentages of the Lenders. (b)

Committed Increase. The Provided no Default or Event of Default then exists or would arise therefrom, upon notice to the Agent, the Lead Borrower may from time to time make a written request to Agent for an increase in the Aggregate Commitments by an amount (for all such requests) not exceeding $10,000,000 25,000,000 (the “Committed Increase”); provided, that, that (i) any such Committed Increase shall be in a minimum amount of $5,000,000, (ii) the amount of the Aggregate Commitments, as the same may be increased pursuant to any Committed Increase, shall not exceed $25,000,000 75,000,000 at any time, and (iii) the Lead Borrower may make a maximum of two (2) such requests, (iv) as of the date of any such Committed Increase, and after giving effect thereto, no Default or Event of Default shall exist or have occurred and be continuing, and (v) as to any such Committed Increase, Borrowers shall have paid a fee to Xxxxx Fargo for its own account in the amount equal to one-half percent (0.50%) of the amount of such Committed Increase. Any such Committed Increase shall be effectuated as soon as reasonably practicable after the request of the Lead Borrower therefor. Any such Committed Increase shall be provided solely by Xxxxx Fargo (or any permitted assignee Eligible Assignee or Participant of Xxxxx Fargo) and shall otherwise be on the same terms as the existing facility under this Agreement; provided, that the commitment fees payable in connection with any such Committed Increase shall be as set forth in the Fee Letter. Upon the effective date of any such Committed Increase (the “Increase Effective Date”) (i) the Aggregate Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Committed Increase, and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the revised Commitments and Applicable Percentages of the Lenders. (b).

Committed Increase. The Provided no Default or Event of Default then exists or would arise therefrom, upon notice to the Agent, the Lead Borrower may from time to time make a written request to Agent for time, demand an increase in the Aggregate Commitments by an amount (for all such requestsrequests under this clause (a)) not exceeding $10,000,000 25,000,000 (the “Committed Increase”); provided, that, provided that (i) any such Committed Increase shall be in a 9656966v810314033v12 minimum amount of $5,000,000, (ii) the amount of the Aggregate Commitments, as the same may be increased pursuant to any Committed Increase and/or Uncommitted Increase, shall not exceed $25,000,000 275,000,000 at any time, and (iii) the Lead Borrower may make a maximum of two three (23) such requests, (iv) as of the date of any such Committed Increase, and after giving effect thereto, no Default or Event of Default shall exist or have occurred and be continuing, and (v) as to any such Committed Increase, Borrowers shall have paid a fee to Xxxxx Fargo for its own account in the amount equal to one-half percent (0.50%) of the amount of such Committed Increasedemands. Any such Committed Increase shall be effectuated as soon as reasonably practicable after the request of the Lead Borrower therefor, and in all cases, prior to the Initial Maturity Date. Any such Committed Increase shall be provided solely by Wells Xxxxx Fargo (or any permitted assignee or Participant of Xxxxx FargoWells Xxxxx, or in the sole discretion of Wells Xxxxx, any Eligible Assignee of Wells Xxxxx) and shall otherwise be on the same terms as the existing facility under this Agreement; provided that the upfront fees payable in connection with any such Committed Increase shall be in an amount equal to the upfront fees payable to Wells Xxxxx under the Fee Letter. Upon the effective date of any such Committed Increase (the “Increase Effective Date”) (i) the Aggregate Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Committed Increase, and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the revised Commitments and Applicable Percentages of the Lenders. (b)Lenders.[Reserved].

Committed Increase. The Provided no Default or Event of Default then exists or would arise therefrom, upon written notice to the Agent (the “Commitment Increase Notice”), the Lead Borrower may from on a one-time to time make a written basis, request to Agent for an increase in the Aggregate Commitments by an amount (for all such requests) up to the Permitted Commitment Increase not exceeding to exceed $10,000,000 50,000,000 (the “Committed Increase”), based upon the average Inventory Value for the 30 consecutive days preceding the Increase Effective Date, and, subject to the satisfaction of the conditions provided in Section 2.15(b), the Aggregate Commitments will be increased by the Permitted Commitment Increase, as provided in this Section 2.15; provided, that, (i) any such Committed Increase shall be in a minimum amount of $5,000,000, (ii) provided that the amount of the Aggregate Commitments, as the same may be increased pursuant to any Committed Increase, shall not exceed $25,000,000 150,000,000 at any time, (iii) the Lead Borrower may make a maximum of two (2) such requests, (iv) as of the date of any such Committed Increase, and after giving effect thereto, no Default or Event of Default shall exist or have occurred and be continuing, and (v) as to any such Committed Increase, Borrowers shall have paid a fee to Xxxxx Fargo for its own account in the amount equal to one-half percent (0.50%) of the amount of such Committed Increase. Any such Committed Increase shall be effectuated as soon as reasonably practicable after the request of Agent receives the Lead Borrower thereforCommitment Increase Notice. Any such Committed Increase shall be provided solely by Xxxxx Fargo (or any permitted assignee or Participant of Xxxxx Fargo) and shall otherwise be on the same terms as the existing facility under this Agreement. Upon the effective date of any such Committed Increase (the “Increase Effective Date”) Date (i) the Aggregate Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Committed Increase, and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the revised Commitments and Applicable Percentages of the Lenders. (b).

Committed Increase. The Provided no Default or Event of Default then exists or would arise therefrom, upon notice to the Agent, the Lead Borrower may from on a one-time to time make a written basis in respect of each Seasonal Period, request to Agent for an increase in the Aggregate Commitments by an amount (for all such requests) not exceeding $10,000,000 25,000,000 (the “Committed Increase”); provided, that, provided that (i) any such Committed Increase shall be in a minimum amount of $5,000,000, 10,000,000 and (ii) the amount of the Aggregate Commitments, as the same may be increased pursuant to any Committed Increase, shall not exceed $25,000,000 75,000,000 at any time, (iii) the Lead Borrower may make a maximum of two (2) such requests, (iv) as of the date of any such Committed Increase, and after giving effect thereto, no Default or Event of Default shall exist or have occurred and be continuing, and (v) as to any such Committed Increase, Borrowers shall have paid a fee to Xxxxx Fargo for its own account in the amount equal to one-half percent (0.50%) of the amount of such Committed Increase. Any such Committed Increase in respect of a Seasonal Period shall be effectuated as soon as reasonably practicable after the request of the Lead Borrower therefor, but in no event prior to the commencement of such Seasonal Period. Any such Committed Increase shall be provided solely by Xxxxx Fargo (or any permitted assignee Eligible Assignee or Participant of Xxxxx Fargo) and shall otherwise be on the same terms as the existing facility under this Agreement. Upon the effective date of any such Committed Increase (the “Increase Effective Date”) (i) the Aggregate Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Committed Increase, and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the revised Commitments and Applicable Percentages of the Lenders. In the event any Committed Increase occurs in respect of any Seasonal Period, at the end of such Seasonal Period, (bi) the Aggregate Commitments under, and for all purposes of, this Agreement shall be automatically reduced, without further action by any Person, to the amount of such Aggregate Commitments as in effect immediately prior to the commencement of such Seasonal Period (but in no event greater than $50,000,000), and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the reduced Commitments and Applicable Percentages of the Lenders.

Committed Increase. The Provided no Default or Event of Default then exists or would arise therefrom, upon notice to the Agent, the Lead Borrower may from time to time make a written request to Agent for time, demand an increase in the Aggregate Commitments by an amount (for all such requestsrequests under this clause (a)) not exceeding $10,000,000 25,000,000 (the “Committed Increase”); provided, that, provided that (i) any such Committed Increase shall be in a minimum amount of $5,000,000, (ii) the amount of the Aggregate Commitments, as the same may be increased pursuant to any Committed Increase and/or Uncommitted Increase, shall not exceed $25,000,000 275,000,000 at any time, and (iii) the Lead Borrower may make a maximum of two three (23) such requests, (iv) as of the date of any such Committed Increase, and after giving effect thereto, no Default or Event of Default shall exist or have occurred and be continuing, and (v) as to any such Committed Increase, Borrowers shall have paid a fee to Xxxxx Fargo for its own account in the amount equal to one-half percent (0.50%) of the amount of such Committed Increasedemands. Any such Committed Increase shall be effectuated as soon as reasonably practicable after the request of the Lead Borrower therefor, and in all cases, prior to the Initial Maturity Date. Any such Committed Increase shall be provided solely by Xxxxx Fargo (or any permitted assignee Participant of Xxxxx Fargo, or Participant in the sole discretion of Xxxxx Fargo, any Eligible Assignee of Xxxxx Fargo) and shall otherwise be on the same terms as the existing facility under this Agreement; provided that the upfront fees payable in connection with any such Committed Increase shall be in an amount equal to the upfront fees payable to Xxxxx Fargo under the Fee Letter. Upon the effective date of any such Committed Increase (the “Increase Effective Date”) (i) the Aggregate Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Committed Increase, and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the revised Commitments and Applicable Percentages of the Lenders. (b).

Committed Increase. The Provided that no Default or Event of Default then exists or would arise therefrom, upon notice to the Agent, the Lead Borrower may from time to time make a written time, request to Agent for an increase in the Aggregate Commitments by an amount (for all such requests) not exceeding $10,000,000 25,000,000 in the aggregate (the “Committed Increase”); provided, that, provided that (i) any each such Committed Increase shall be in a minimum amount of $5,000,000, (ii) the amount of the Aggregate Commitments, as the same may be increased pursuant to any Committed Increase, shall not exceed $25,000,000 175,000,000 at any time, and (iii) the Lead Borrower may make a maximum of two (2) 3 such requests; provided, (iv) as of however, that the date of Lead Borrower shall not be permitted to make any such Committed Increase, and after giving effect thereto, no Default or Event of Default shall exist or have occurred and be continuing, and (v) as to any such Committed Increase, Borrowers shall have paid additional request for a fee to Xxxxx Fargo for its own account in Commitment Increase following the amount equal to one-half percent (0.50%) of the amount of such Committed IncreaseEleventh Amendment Effective Date. Any Each such Committed Increase shall be effectuated as soon as reasonably practicable after the request of the Lead Borrower therefortherefor and the Agent shall provide the Lead Borrower with written confirmation thereof. Any such Committed Increase shall be provided solely by Xxxxx Fargo (or any permitted assignee or Participant of Xxxxx Fargo) (Xxxxx Fargo or any such permitted assignee in such capacity or any Lender increasing its Commitment pursuant to Section 2.15(b) and any Eligible Assignee providing a new Commitment pursuant to Section 2.15(b), an “Increased Lender”) and shall otherwise be on the same terms as the existing facility under this Agreement; provided that the upfront fees payable in connection with any such Committed Increase shall be in an amount equal to the upfront fees payable to Xxxxx Fargo under the Seventh Amendment Fee Letter. Upon the effective date of any such Committed Increase (the “Increase Effective Date”) (i) the Aggregate Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Committed Increase, and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the revised Commitments and Applicable Percentages of the Lenders. (b).

Committed Increase. The Lead Borrower may from time to time make a written request to Agent for an increase in the Aggregate Commitments by an amount (for all such requests) not exceeding $10,000,000 (the “Committed Increase”); provided, that, (i) any such Committed Increase shall be in a minimum amount of $5,000,000, (ii) the amount of the Aggregate Commitments, as the same may be increased pursuant to any Committed Increase, shall not exceed $25,000,000 at any time, (iii) the Lead Borrower may make a maximum of two (2) such requests, (iv) as of the date of any such Committed Increase, and after giving effect thereto, no Default or Event of Default shall exist or have occurred and be continuing, and (v) as to any such Committed Increase, Borrowers shall have paid a fee to Xxxxx Fargo for its own account in the amount equal to one-half percent (0.50%) of the amount of such Committed Increase. Any such Committed Increase shall be effectuated as soon as reasonably practicable after the request of the Lead Borrower therefor. Any such Committed Increase shall be provided solely by Xxxxx Fargo (or any permitted assignee or Participant of Xxxxx Fargo) and shall otherwise be on the same terms as the existing facility under this Agreement. Upon the effective date of any such Committed Increase (the “Increase Effective Date”) (i) the Aggregate Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Committed Increase, and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the revised Commitments and Applicable Percentages of the Lenders. (b).

Committed Increase. The Provided no Default or Event of Default then exists or would arise therefrom, upon notice to the Agent, the Lead Borrower may from time to time make a written request to Agent for time, demand an increase in the Aggregate Commitments by an amount (for all such requestsrequests under this clause (a)) not exceeding $10,000,000 25,000,000 (the “Committed Increase”); provided, that, provided that (i) any such Committed Increase shall be in a minimum amount of $5,000,000, (ii) the amount of the Aggregate Commitments, as the same may be increased pursuant to any Committed Increase and/or Uncommitted Increase, shall not exceed $25,000,000 275,000,000 at any time, and (iii) the Lead Borrower may make a maximum of two three (23) such requests, (iv) as of the date of any such Committed Increase, and after giving effect thereto, no Default or Event of Default shall exist or have occurred and be continuing, and (v) as to any such Committed Increase, Borrowers shall have paid a fee to Xxxxx Fargo for its own account in the amount equal to one-half percent (0.50%) of the amount of such Committed Increasedemands. Any such Committed Increase shall be effectuated as soon as reasonably practicable after the request of the Lead Borrower therefor, and in all cases, prior to the Initial Maturity Date. Any such Committed Increase shall be provided solely by Xxxxx Fargo Wells Faxxx (or any permitted assignee or Participant of Xxxxx FargoWells Faxxx, or in the sole discretion of Wells Faxxx, any Eligible Assignee of Wells Faxxx) and shall otherwise be on the same terms as the existing facility under this Agreement; provided that the upfront fees payable in connection with any such Committed Increase shall be in an amount equal to the upfront fees payable to Wells Faxxx xnder the Fee Letter. Upon the effective date of any such Committed Increase (the “Increase Effective Date”) (i) the Aggregate Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Committed Increase, and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the revised Commitments and Applicable Percentages of the Lenders. (b).

Committed Increase. The Provided no Default or Event of Default then exists or would arise therefrom, upon notice to the Agent, the Lead Borrower may from time to time make a written request to Agent for time, demand an increase in the Aggregate Commitments by an amount (for all such requestsrequests under this clause (a)) not exceeding $10,000,000 25,000,000 (the “Committed Increase”); provided, that, provided that (i) any such Committed Increase shall be in a minimum amount of $5,000,000, (ii) the amount of the Aggregate Commitments, as the same may be increased pursuant to any Committed Increase and/or Uncommitted Increase, shall not exceed $25,000,000 275,000,000 at any time, and (iii) the Lead Borrower may make a maximum of two three (23) such requests, (iv) as of the date of any such Committed Increase, and after giving effect thereto, no Default or Event of Default shall exist or have occurred and be continuing, and (v) as to any such Committed Increase, Borrowers shall have paid a fee to Xxxxx Fargo for its own account in the amount equal to one-half percent (0.50%) of the amount of such Committed Increasedemands. Any such Committed Increase shall be effectuated as soon as reasonably practicable after the request of the Lead Borrower therefor, and in all cases, prior to the Initial Maturity Date. Any such Committed Increase shall be provided solely by Xxxxx Wxxxx Fargo (or any permitted assignee or Participant of Xxxxx Wxxxx Fargo, or in the sole discretion of Wxxxx Fargo, any Eligible Assignee of Wxxxx Fargo) and shall otherwise be on the same terms as the existing facility under this Agreement; provided that the upfront fees payable in connection with any such Committed Increase shall be in an amount equal to the upfront fees payable to Wxxxx Fargo under the Fee Letter. Upon the effective date of any such Committed Increase (the “Increase Effective Date”) (i) the Aggregate 9656966v8 Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Committed Increase, and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the revised Commitments and Applicable Percentages of the Lenders. (b).

Committed Increase. The Provided that no Default or Event of Default then exists or would arise therefrom, upon notice to the Agent, the Lead Borrower may from time to time make a written time, request to Agent for an increase in the Aggregate Commitments by an amount (for all such requests) not exceeding $10,000,000 25,000,000 in the aggregate (the “Committed Increase”); provided, that, provided that (i) any each such Committed Increase shall be in a minimum amount of $5,000,000, (ii) the amount of the Aggregate Commitments, as the same may be increased pursuant to any Committed Increase, shall not exceed $25,000,000 175,000,000 at any time, and (iii) the Lead Borrower may make a maximum of two (2) 3 such requests, (iv) as of the date of any such Committed Increase, and after giving effect thereto, no Default or Event of Default shall exist or have occurred and be continuing, and (v) as to any such Committed Increase, Borrowers shall have paid a fee to Xxxxx Fargo for its own account in the amount equal to one-half percent (0.50%) of the amount of such Committed Increase. Any Each such Committed Increase shall be effectuated as soon as reasonably practicable after the request of the Lead Borrower therefortherefor and the Agent shall provide the Lead Borrower with written confirmation thereof. Any such Committed Increase shall be provided solely by Xxxxx Fargo (or any permitted assignee or Participant of Xxxxx Fargo) (Xxxxx Fargo or any such permitted assignee in such capacity or any Lender increasing its Commitment pursuant to Section 2.15(b) and any Eligible Assignee providing a new Commitment pursuant to Section 2.15(b), an “Increased Lender”) and shall otherwise be on the same terms as the existing facility under this Agreement; provided that the upfront fees payable in connection with any such Committed Increase shall be in an amount equal to the upfront fees payable to Xxxxx Fargo under the Seventh Amendment Fee Letter. Upon the effective date of any such Committed Increase (the “Increase Effective Date”) (i) the Aggregate Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Committed Increase, and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the revised Commitments and Applicable Percentages of the Lenders. (b).