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. 5 Consolidated Cash Flow Available for Fixed Charges........................................... 5
Company Request. The Company or, following the Inversion, New Holdco, may at any time and from time to time by written notice to the Administrative Agent elect to request the establishment of one or more new term loan commitments (each, an “Incremental Term Commitment”), for so long as the Aggregate Incremental Amount does not exceed the Incremental Cap. Each such notice shall specify (i) the date (each, an “Increase Effective Date”) on which the Company or New Holdco, as the case may be, proposes that the Incremental Term Commitments 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 and (ii) the identity of each Eligible Assignee to whom the Company or New Holdco, as the case may be, proposes any portion of such Incremental Term Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the Incremental Term Commitments may elect or decline, in its sole discretion, to provide such Incremental Term Commitment. Each Incremental Term Commitment shall be in an aggregate amount of $10,000,000 or any whole multiple of $500,000 in excess thereof (provided that such amount may be less than $10,000,000 if such amount represents all remaining availability under the aggregate limit in respect of Incremental Term Commitments set forth in above).
Company Request. After the Closing 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 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 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. 3 Components.................................................... 3
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.
Company Request. 3 Consolidated.............................................................4
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 Xxxxxxxxxx Communications, Inc., a Pennsylvania corporation, was merged resulting in a Wholly-Owned Subsidiary of the Company (the “Xxxxxxxxxx Acquisition”). August 15, 2003 Page 2
Company Request. The Company hereby requests the Trustee to execute this Second Supplemental Indenture.
Company Request. The Company has advised the Administrative Agent and the Lenders that (a) as of the last day of the fiscal quarter ending December 31, 2020 (the “Specified Test Date”), the Company’s Leverage Ratio was greater than 3.50 to 1.00 in contravention of Section 8.2 of the Credit Agreement, and (b) such non-compliance constitutes an Event of Default under Section 9.1(b) of the Credit Agreement (the “Specified Event of Default”). The Company has requested that the Lenders enter into this letter agreement (this “Letter Agreement”) to waive the Specified Event of Default on the terms and conditions set forth herein.