Conditions to Increase. The effectiveness of each Incremental Revolving Loan Commitment shall be in the sole discretion of Lender (pursuant to Section 4.7(c)) and shall be subject to the following conditions that on and as of such Incremental Amount Date:
(i) No Default would occur or be continuing before or after giving effect to such Incremental Revolving Loan Commitment.
(ii) Both before and after giving effect to the consummation of the Incremental Revolving Loans, and the transactions related thereto, each of the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all material respects to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date (provided that if a representation and warranty is qualified as to materiality, the materiality qualifier set forth above shall be disregarded with respect to such representation and warranty for purposes of this condition).
(iii) The Borrower shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by Lender in connection with any such transaction.
(iv) An agreement, in form and substance reasonably satisfactory to Lender, pursuant to which, effective as of such Incremental Amount Date, Lender shall provide its Incremental Revolving Loan Commitment, shall be duly executed by Lender and the Borrower (each, an “Increased Commitment Agreement”).
(v) A certificate of a Responsible Office of Borrower shall be delivered to Lender stating that the conditions with respect to such Incremental Revolving Loan Commitment under this Section 4.7(b) have been satisfied.
Conditions to Increase. Each of the applicable conditions to a Commitment Increase set forth in Section 2.06(e)(i) of the Credit Agreement are satisfied as of the Effective Date. The Borrower is making the certification set forth in this Section 3(d) in satisfaction of the certificate requested under Section 2.06(e)(ii)(A) of the Credit Agreement.
Conditions to Increase. Each of the following shall be conditions precedent to any Increase of the Revolver Commitments: (i) Borrower has obtained the commitment of either Bank or one or more other prospective lenders reasonably satisfactory to Bank to provide the applicable Increase; (ii) if such Increase is not provided by Bank in full, any new lenders shall duly execute and deliver a joinder agreement or amendment to this Agreement, in form and substance reasonably satisfactory to Bank, to which such lenders, Borrower and Bank are party; (iii) each of the conditions precedent set forth in Section 3.2(b) and (c) have been satisfied; (iv) Borrower shall have paid all increase and closing fees as may be required by Bank or any other applicable lender as a condition to such Increase; (v) Borrower shall arrange for the delivery of all Loan Documents, certificates and other items as Bank or other lender may reasonably require in connection with such Increase; and (vi) no Event of Default has occurred and is continuing.
Conditions to Increase. The effectiveness of each Incremental Revolving Loan Commitment shall be in the sole discretion of Lender (pursuant to Section 4.7(c)) and shall be subject to the following conditions that on and as of such Incremental Amount Date:
(i) No Default would occur or be continuing before or after giving effect to such Incremental Revolving Loan Commitment.
(ii) Both before and after giving effect to the consummation of the Incremental Revolving Loan Commitment, and the transactions related thereto, each of the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all material respects to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date (provided that if a representation and warranty is qualified as to materiality, the materiality qualifier set forth above shall be disregarded with respect to such representation and warranty for purposes of this condition).
(iii) The Borrower shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by Lender in connection with any such transaction
(iv) A certificate of a Responsible Officer shall be delivered to Lender stating that the conditions with respect to such Incremental Revolving Loan Commitment under this Section 4.7(b) have been satisfied.
Conditions to Increase. The following conditions to the increase of the Revolving Credit Commitment shall have been satisfied or waived to the Administrative Agent's reasonable satisfaction: ON ANY DATE OF PROPOSED INCREASE IN THE REVOLVING CREDIT COMMITMENT, THE REPRESENTATIONS AND WARRANTIES CONTAINED IN ARTICLE 4 HEREOF ARE TRUE AND CORRECT ON SUCH DATE IN ALL MATERIAL RESPECTS, AS THOUGH MADE ON AND AS OF SUCH DATE, EXCEPT TO THE EXTENT EXPRESSLY MADE ONLY AS OF A PRIOR DATE; ON ANY DATE OF A PROPOSED INCREASE IN THE REVOLVING CREDIT COMMITMENT, NO DEFAULT OR EVENT OF DEFAULT SHALL EXIST ON ANY SUCH DATE, AND NO DEFAULT OR EVENT OF DEFAULT WOULD RESULT FROM SUCH INCREASE IN THE REVOLVING CREDIT COMMITMENT AND THE SUBSEQUENT REVOLVING CREDIT ADVANCES TO THE BORROWER, UP TO THE AMOUNT OF THE REVOLVING CREDIT COMMITMENT (AS INCREASED); THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED A CERTIFICATE FROM THE BORROWER TO THE EFFECT THAT (A) SUCH INCREASE HAS RECEIVED ALL NECESSARY AUTHORIZATIONS, IF NECESSARY, AND IS IN COMPLIANCE WITH ALL MATERIAL APPLICABLE LAWS, (B) NO OTHER APPROVALS OR CONSENTS FROM ANY PERSON ARE REQUIRED BY ANY SUCH PERSON EXCEPT TO THE EXTENT THEY HAVE BEEN RECEIVED OR ARE IMMATERIAL, AND (C) SUCH INCREASE IN THE REVOLVING CREDIT COMMITMENT DOES NOT CONFLICT WITH, OR RESULT IN VIOLATION OF, ANY MATERIAL AGREEMENT OR INSTRUMENT TO WHICH THE BORROWER OR ANY OF ITS SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE PROPERTIES, IS SUBJECT; THE ADMINISTRATIVE AGENT SHALL HAVE DELIVERED TO EACH LENDER EVIDENCE OF NEW REVOLVING CREDIT SPECIFIED PERCENTAGES AND TOTAL SPECIFIED PERCENTAGES ADJUSTED TO GIVE EFFECT TO THE INCREASE IN THE REVOLVING CREDIT COMMITMENT AND ANY REALLOCATION REQUIRED IN ORDER FOR EACH LENDER WITH A REVOLVING CREDIT SPECIFIED PERCENTAGE TO HAVE A PROPORTIONATE SHARE OF THE REVOLVING CREDIT ADVANCES; EACH NEW LENDER BEING ADDED TO THIS AGREEMENT SHALL DELIVER TO THE BORROWER AND THE ADMINISTRATIVE AGENT DOCUMENTATION ACCEPTABLE TO THE ADMINISTRATIVE AGENT EVIDENCING SUCH NEW LENDER'S ACCEPTANCE OF THIS AGREEMENT AND ALL THE OTHER LOAN DOCUMENTS IN FORM AND SUBSTANCE REASONABLY ACCEPTABLE TO THE ADMINISTRATIVE AGENT (AND MAKING SUCH LENDER A PARTY TO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS); THE ADMINISTRATIVE AGENT ON BEHALF OF EACH LENDER SHALL HAVE RECEIVED ALL AMENDMENTS TO ANY LOAN DOCUMENTS AS THE ADMINISTRATIVE AGENT SHALL DEEM REASONABLY NECESSARY; AND THE ADMINISTRATIVE AGENT SHALL HAVE DELIVERED TO THE BORROWER A NOTICE OF THE COST OF ANY LIBO...
Conditions to Increase. The increase of the Total Revolving Facility Commitments will only be effected in accordance with clauses 9.20 to 9.22 (Increase of Total Revolving Facility Commitments) if:
Conditions to Increase the Total Commitment AmountThe increase of the Total Commitment Amount from $35,000,000 to the Increased Total Commitment Amount is subject to the satisfaction of each of the following conditions on or prior to December 31, 2004:
(a) the NYPSC Order shall have been issued and shall be in full force and effect and the Agent and each Bank shall have received a copy thereof;
(b) the second installment of the Upfront Fee shall have been paid as set forth in the Agent’s Fee Letter;
(c) the increase in the Total Commitment Amount will not contravene any Applicable Law applicable to the Agent or any Bank;
(d) the Notes payable to the order of each Bank shall have been amended to reflect the increased Commitment of each Bank as of the Commitment Increase Date; and
(e) the Issuing Bank Agreement between the Borrower and Calyon shall have been amended to reflect the Total Commitment Amount.
