Company Request Clause Samples
Company Request. After the Closing Date or, solely with respect to any Incremental Facilities (as defined below) requested pursuant to clause (IV) of the definition of “Incremental Cap”, on the Closing Date, the Company may by written notice to the Administrative Agent request (x) commitments (each, an “Incremental Term Increase”) to increase the aggregate principal amount of any existing Term Facility or to establish one or more new Term Facilities (each, an “Incremental Term Facility”) and/or (y) commitments (each, an “Incremental Revolving Increase”) to increase the Revolving Credit Commitments under any existing Revolving Credit Facility or to establish one or more new revolving facilities (each, an “Incremental Revolving Credit Facility” and, together with any Incremental Term Increase, Incremental Term Facility and Incremental Revolving Increase, the “Incremental Facilities”) not to exceed the Incremental Cap available at the time any such Incremental Facility is funded or established, as applicable, from one or more lenders willing to provide such Incremental Facility in their sole discretion; provided that each new lender under an Incremental Revolving Credit Facility or Incremental Revolving Increase shall be subject to the approval of the Administrative Agent, the L/C Issuer and the Swing Line Lender (which approvals shall not be unreasonably withheld, conditioned or delayed) to the extent the same would be required for an assignment under Section 10.06. Each such notice shall specify (i) the date (each, an “Incremental Effective Date”) on which the Company proposes that the Incremental Facility shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent (or such shorter period approved by the Administrative Agent) and (ii) the identity of each Eligible Assignee to whom the Borrower proposes any portion of such Incremental Facility be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the Incremental Facility may elect or decline, in its sole discretion, to provide such Incremental Facility. Each Incremental Facility shall be in an aggregate amount of $50,000,000 or any whole multiple of $5,000,000 in excess thereof (provided that (i) such amount may be less than $50,000,000 if such amount represents all remaining availability under the aggregate limit in respect of Incremental Facilities set forth above...
Company Request. The Company may, by written notice to the Administrative Agent from time to time, request an increase to the existing term loan facility under this Agreement in an amount not less than $50,000,000 individually and not to exceed the applicable Incremental Amount from one or more Incremental Banks (which may include any existing Bank) willing to provide such Incremental Term Loans in their sole discretion; provided that each Incremental Bank (which is not an existing Bank) shall be subject to the consent of the Administrative Agent. Each such notice shall specify (i) the date of funding of such Incremental Term Loan (each date of funding, an “Increase Effective Date”) on which such proposed Incremental Term Loan is funded, which shall be a date not less than three (3) Business Days after the date on which such notice is delivered to the Administrative Agent (or such lesser period as agreed to by the Administrative Agent) and (ii) the identity of each proposed lender of each such Incremental Term Loan and the amount thereof (each provider of an Incremental Term Loan referred to herein as an “Incremental Bank”); provided that (x) any existing Bank approached to provide all or a portion of any proposed Incremental Term Loan may elect or decline, in its sole discretion, to provide such Incremental Term Loan and (y) there shall be no obligation of the Company to approach any existing Bank with respect to any Incremental Term Loan.
Company Request. 3 Components...............................................4
Company Request. After the ClosingSecond Amendment Effective Date, the Company may by written notice to the Lender request (x) commitments (each, an “Incremental Term Increase”) to increase the aggregate principal amount of the existing Danish Term Facility or the existing U.S. Term Facility or to establish one or more new Term Facilities (each, an “Incremental Term Facility”) and/or (y) commitments (each, an “Incremental Revolving Increase”) to increase the Revolving Credit CommitmentsCommitment under the existing Revolving Credit Facility or to establish one or more new revolving facilities (each, an “Incremental Revolving Credit Facility” and, together with any Incremental Term Increase, Incremental Term Facility and Incremental Revolving Increase, the “Incremental Facilities”) not to exceed $10,000,000 in the aggregate at the time any such Incremental Facility is funded or established, as applicable, from the Lender in its sole discretion. Each such notice shall specify the date (each, an “Incremental Effective Date”) on which the Company proposes that the Incremental Facility shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Lender (or such shorter period approved by the Lender); provided that, for the avoidance of doubt, the Lender may elect or decline, in its sole discretion, to provide such Incremental Facility. Each Incremental Facility shall be in an aggregate amount of $5,000,000 or any whole multiple of $1,000,000 in excess thereof (provided that such amount may be less than $5,000,000 if such amount represents all remaining availability under the aggregate limit in respect of Incremental Facilities set forth in above).
Company Request. 5 Consolidated Cash Flow Available for Fixed Charges........................................... 5
Company Request. Company has formed a Wholly-Owned Subsidiary of the Company for the purpose of acquiring Aluminum Body Corporation, a California corporation (the “Aluminum Body Acquisition”). In connection with the Aluminum Body Acquisition, Company assumed the obligations of Aluminum Body Corporation under a guaranty of a letter of credit (the “LC Guaranty”). Certain assets acquired by Company in the Aluminum Body Acquisition were subject to existing liens (the “Aluminum Liens”). As a result of the Aluminum Body Acquisition, the LC Guaranty, and the Aluminum Liens, Company is not in compliance with (a) Paragraphs (e), (f), and (g) of the definition of Permitted Acquisition, (b) the prohibition on additional Liens set forth in Section 8.01 of the Credit Agreement, and (c) the prohibition on additional Debt set forth in Section 8.03 of the Credit Agreement (the violations referenced in subclauses (a) through (c) of this Section 1 are collectively, the “Covenant Violations”). Company has requested that Lenders waive any Default or Event of Default resulting from the Covenant Violations. Company has also requested that certain provisions of the Loan Agreement be amended. Company has also advised Lenders that it has formed a Subsidiary (“Merger Sub”) into which ▇▇▇▇▇▇▇▇▇▇ Communications, Inc., a Pennsylvania corporation, was merged resulting in a Wholly-Owned Subsidiary of the Company (the “▇▇▇▇▇▇▇▇▇▇ Acquisition”). August 15, 2003 Page 2
Company Request. A. For the fiscal quarter ending on December 31, 2004, Company failed to comply with Section 8.11(a) (Total Net Funded Debt to Adjusted EBITDA) and Section 8.11(c) (Debt Service Coverage Ratio) of the Loan Agreement (collectively, the “Subject Financial Covenants”).
B. Company has requested that Lenders waiver compliance with the Subject Financial Covenants for the fiscal quarter ending on December 31, 2004.
Company Request. Company has advised Agents that it requests consent of the Lenders to: (i) certain accounting writeoffs, (ii) amend the Total Net Funded Debt to EBITDA Ratio, and (iii) amend the definition of Debt Service Coverage Ratio.
Company Request. Company Order; Guarantor Request; Guarantor Order....................................... 2
Company Request. The Trustee hereby waives any noncompliance with the five (5) Business Day notice period regarding the Company Request and delivery thereof as set forth in Section 2.2(b) of the Base Indenture in connection with the issuance of the Additional Series 2022-1 Class A-1 Notes.