Common use of Facility Increase Clause in Contracts

Facility Increase. (a) The Borrower may, at any time and from time to time, by notice to the Administrative Agent, request an increase (“Facility Increase”) in the Aggregate Revolving Credit Commitment (within the limitations herein provided), which notice shall set forth the amount of such requested Facility Increase. The Aggregate Revolving Credit Commitment may be so increased either by having one or more New Revolving Credit Lenders become Lenders under the Revolving Credit Facility and/or by having any one or more of the then existing Lenders under the Revolving Credit Facility (at their respective election in their sole discretion) that have been approved by the Borrower, the Administrative Agent and each of the Arrangers (such approvals by the Administrative Agent and each of the Arrangers not to be unreasonably withheld or delayed), increase the amount of their Revolving Credit Commitments, provided that (i) each Facility Increase shall be in an amount not less than $5,000,000, (ii) after giving effect to the Facility Increase, the Aggregate Revolving Credit Commitment shall not exceed the Aggregate Revolving Credit Facility Limit, (iii) no Unmatured Default or Default exists or would exist after giving effect to the Facility Increase, (iv) all financial covenants set forth in Section 7.28 would be satisfied on a pro forma basis for the most recent determination period, after giving effect to such Facility Increase as if it occurred on the last day of such determination period (and assuming such Facility Increase is fully borrowed) and (v) any Facility Increase shall be on the terms and pursuant to the documentation applicable to the Revolving Credit Facility.

Appears in 1 contract

Samples: Credit Agreement (Toll Brothers Inc)

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Facility Increase. (a) The Borrower may, at any time and from time to timetime after the Amendment and Restatement Effective Date, by notice to the Administrative Agent, request an increase (“Facility Increase”) in the Aggregate Revolving Credit Commitment (within the limitations herein provided), which notice shall set forth the amount of such requested Facility Increase. The Aggregate Revolving Credit Commitment may be so increased either by having one or more New Revolving Credit Lenders become Lenders under the Revolving Credit Facility and/or by having any one or more of the then existing Lenders under the Revolving Credit Facility (at their respective election in their sole discretion) that have been approved by the Borrower, the Administrative Agent and each of the Arrangers Company (such approvals approval by the Administrative Agent and each of the Arrangers not to be unreasonably withheld or delayed), increase the amount of their Revolving Credit Commitments, provided that (i) each Facility Increase shall be in an amount not less than $5,000,000, (ii) after giving effect to the Facility Increase, the Aggregate Revolving Credit Commitment shall not exceed the Aggregate Revolving Credit Facility Limit, (iii) no Unmatured Default or Default exists or would exist after giving effect to the Facility Increase, (iv) all financial covenants set forth in Section 7.28 would be satisfied on a pro forma basis for the most recent determination period, after giving effect to such Facility Increase as if it occurred on the last day of such determination period (and assuming such Facility Increase is fully borrowed) and (v) any Facility Increase shall be on the terms and pursuant to the documentation applicable to the Revolving Credit Facility.

Appears in 1 contract

Samples: Credit Agreement (Toll Brothers, Inc.)

Facility Increase. (a) The Borrower may, at any time and from time to time, by notice to the Administrative Agent, request an increase in the Revolving Credit Commitments of any Series with the latest Revolving Credit Facility Termination Date, or the establishment of a new Series of Revolving Credit Commitments (each, a “Facility Increase”) in the Aggregate Revolving Credit Commitment (within the limitations herein provided), which notice shall set forth the amount of such requested Facility Increase. The Aggregate Such Revolving Credit Commitment Commitments may be so increased either (i) by having one or more New Revolving Credit Lenders become Lenders under the applicable Revolving Credit Facility and/or (ii) by having any one or more of the then existing Lenders under the applicable Revolving Credit Facility (at their respective election in their sole discretion) ), in each case, that have been approved by the Borrower, the Administrative Agent Agent, each Issuing Bank and each of the Arrangers Swing Line Lender (such approvals by the Administrative Agent Agent, each Issuing Bank and each of the Arrangers Swing Line Lender not to be unreasonably withheld or delayed), increase the amount of their existing Revolving Credit Commitments, provided that (i) each Facility Increase shall be in an amount not less than $5,000,000, (ii) after giving effect to the Facility Increase, the Aggregate Revolving Credit Commitment shall not exceed the Aggregate Revolving Credit Facility Limit, (iii) no Unmatured Default or Default exists or would exist after giving effect to the Facility Increase, (iv) all financial covenants set forth in Section 7.28 7.27 would be satisfied on a pro forma basis for the most recent determination period, after giving effect to such assuming that the Revolving Credit Loans outstanding on the date of effectiveness of the Facility Increase as if it occurred had been outstanding on the last day of such determination period (and assuming such Facility Increase is fully borrowed) and period, (v) any Facility Increase shall be on pursuant to this Agreement, (vi) if such Facility Increase is to increase the Revolving Credit Commitments of an existing Series of Revolving Credit Facility, the terms and pursuant to conditions of such Facility Increase shall be the documentation same as the terms and conditions applicable to the such existing Series and (vii) if a Facility Increase establishes a new Series of Revolving Credit Facility, (1) such new Series shall mature no earlier than the latest Revolving Credit Facility Termination Date then in effect, (2) no new Series shall have an all-in-yield (taking into account the interest rate, any interest rate “floors” and any upfront fees) greater than any Series of Revolving Credit Facility then in effect and (3) except as permitted by clauses (1) and (2), all other terms and conditions of the new Series shall be the same as the terms and conditions of each existing Series of Revolving Credit Facilities.

Appears in 1 contract

Samples: Credit Agreement (Horton D R Inc /De/)

Facility Increase. (a) The Borrower may, at any time and from time to time, by notice to the Administrative Agent, request an increase (“Facility Increase”) in the Aggregate Revolving Credit Commitment (within the limitations herein provided), which notice shall set forth the amount of such requested Facility Increase. The Aggregate Revolving Credit Commitment may be so increased either (i) by having one or more New Revolving Credit Lenders become Lenders under the Revolving Credit Facility and/or (ii) by having any one or more of the then existing Lenders under the Revolving Credit Facility (at their respective election in their sole discretion) ), in each case, that have been approved by the Borrower, the Administrative Agent Agent, each Issuing Bank and each of the Arrangers Swing Line Lender (such approvals by the Administrative Agent Agent, each Issuing Bank and each of the Arrangers Swing Line Lender not to be unreasonably withheld or delayed), increase the amount of their Revolving Credit Commitments, provided that (i) each Facility Increase shall be in an amount not less than $5,000,000, (ii) after giving effect to the Facility Increase, the Aggregate Revolving Credit Commitment shall not exceed the Aggregate Revolving Credit Facility Limit, (iii) no Unmatured Event of Default or Default exists or would exist after giving effect to the Facility Increase, (iv) all financial covenants set forth in Section 7.28 7.27 would be satisfied on a pro forma basis for the most recent determination period, after giving effect to such assuming that the Revolving Credit Advances outstanding on the date of effectiveness of the Facility Increase as if it occurred had been outstanding on the last day of such determination period (and assuming such Facility Increase is fully borrowed) and (v) any Facility Increase shall be on the terms and pursuant to the documentation applicable to the Revolving Credit Facility.

Appears in 1 contract

Samples: Credit Agreement (Horton D R Inc /De/)

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Facility Increase. (a) The Borrower may, at any time and from time to timetime after the Closing Date, by notice to the Administrative Agent, request an increase (“Facility Increase”) in the Aggregate Revolving Credit Commitment (within the limitations herein provided), which notice shall set forth the amount of such requested Facility Increase. The Aggregate Revolving Credit Commitment may be so increased either by having one or more New Revolving Credit Lenders become Lenders under the Revolving Credit Facility and/or by having any one or more of the then existing Lenders under the Revolving Credit Facility (at their respective election in their sole discretion) that have been approved by the Borrower, the Administrative Agent and each of the Arrangers Company (such approvals approval by the Administrative Agent and each of the Arrangers not to be unreasonably withheld or delayed), increase the amount of their Revolving Credit Commitments, provided that (i) each Facility Increase shall be in an amount not less than $5,000,000, (ii) after giving effect to the Facility Increase, the Aggregate Revolving Credit Commitment shall not exceed the Aggregate Revolving Credit Facility Limit, (iii) no Unmatured Default or Default exists or would exist after giving effect to the Facility Increase, (iv) all financial covenants set forth in Section 7.28 would be satisfied on a pro forma basis for the most recent determination period, after giving effect to such Facility Increase as if it occurred on the last day of such determination period (and assuming such Facility Increase is fully borrowed) and (v) any Facility Increase shall be on the terms and pursuant to the documentation applicable to the Revolving Credit Facility.

Appears in 1 contract

Samples: Credit Agreement (Toll Brothers, Inc.)

Facility Increase. (a) The Borrower mayCompany may request from time to time after the Closing Date (i) one or more increases in the Term Loan Commitments or additional tranches of term loans (each a “Term Loan Increase”), at (ii) the addition of a revolving credit facility (the “Revolving Credit Facility”) and one or more increases in the commitments under such Revolving Credit Facility (each a “Revolving Credit Increase”) and (iii) the addition of a letter of credit facility (the “Letter of Credit Facility”) and one or more increases in the commitments under such Letter of Credit Facility (each a “Letter of Credit Increase”) under this Agreement; provided, however, that (A) the aggregate principal amount of all such Facility Increases shall not exceed (1) the greater of (x) $400,000,000 and (y) an amount such that the First Lien Secured Leverage Ratio as of the most recently ended period of four consecutive fiscal quarters with respect to which financial statements have been delivered pursuant to Section 9.1(k) or Section 10.1 prior to the incurrence of any time such Facility Increase, calculated on a pro forma basis, after giving effect to such Facility Increase and the application of any proceeds thereof (assuming for purposes of such determination the incurrence of the entire committed amount of any Revolving Credit Increase or Letter of Credit Increase and that any increase in cash resulting from such Facility Increase shall not reduce Senior Secured Debt) as if such incurrence and application of proceeds had occurred on the first day of such four consecutive fiscal quarter period, shall be no greater than 3.50:1.00 (it being understood that if pro forma effect is given to the entire committed amount of any such additional amount, such committed amount may thereafter be borrowed and reborrowed, in whole or in part, from time to time, by notice to the Administrative Agent, request an increase without further compliance with this clause) plus (“Facility Increase”2) in the Aggregate Revolving event (x) all obligations and commitments under the Multi-Currency Credit Commitment Agreement have been “Fully Satisfied” (within as defined under the limitations herein provided), Multi-Currency Credit Agreement) (which notice shall set forth obligations and commitments have not been otherwise refinanced) and (y) the amount Loans and the other Payment Obligations are secured by a Lien on the Multi-Currency Collateral with the same priority as the Liens securing the obligations and commitments under the Multi-Currency Credit Agreement prior to the “Full Satisfaction” (as defined under the Multi-Currency Credit Agreement) of such requested Facility Increase. The Aggregate Revolving Credit Commitment may be so increased either by having one or more New Revolving Credit Lenders become Lenders under the Revolving Credit Facility and/or by having any one or more of the then existing Lenders under the Revolving Credit Facility obligations and commitments, $240,000,000 and (at their respective election in their sole discretion) that have been approved by the Borrower, the Administrative Agent and each of the Arrangers (such approvals by the Administrative Agent and each of the Arrangers not to be unreasonably withheld or delayed), increase the amount of their Revolving Credit Commitments, provided that (iB) each such Facility Increase (together with any other such Facility Increase being effected on the same date) shall be in an amount not less than $5,000,00025,000,000 and integral multiples of $5,000,000 in excess thereof; provided, (ii) after giving effect to the Facility Increasehowever, the Aggregate Revolving Credit Commitment shall not exceed the Aggregate Revolving Credit Facility Limit, (iii) no Unmatured Default or Default exists or would exist after giving effect to the Facility Increase, (iv) all financial covenants set forth in Section 7.28 would be satisfied on a pro forma basis for the most recent determination periodthat, after giving effect to each Facility Increase and any loans and commitments thereunder (and any Permitted Acquisition consummated in connection therewith, whether prior to or concurrently with such Facility Increase Increase), as if it occurred on of the last day of such determination the fiscal period (and assuming such Facility Increase is fully borrowedwith respect to which financial statements have been most recently delivered pursuant to Section 9.1(k) and (v) any Facility Increase or Section 10.1, the Company shall be on the terms in pro forma compliance with Section 11.1 and pursuant shall have delivered to the documentation applicable Administrative Agent such financial information as the Administrative Agent shall reasonably request to the Revolving Credit Facilitydemonstrate such pro forma compliance.

Appears in 1 contract

Samples: Term Loan Agreement (Revlon Consumer Products Corp)

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