Increase in Commitment Amount. At any time prior to the one year anniversary of the Effective Date (the “Commitment Increase Date”) the Company may notify the Investor in writing that it wishes to increase the Commitment Amount (provided that the Company has the ability to register the additional Commitment Amount on the Registration Statement) effective upon the Commitment Increase Date and the Commitment Amount shall automatically be deemed increased.
Increase in Commitment Amount. The Borrower may at any time and from time to time add additional financial institutions hereunder, as Lenders or, with the consent of the applicable Lender, increase the Individual Commitment Amount of a Lender, and, in each case, thereby increase the Commitment Amount provided that at the time of any such addition:
Increase in Commitment Amount. In order to evidence the increase in the Commitment Amount required to permit the Temporary Increase Loan, the definition of “Commitment Amount” set forth in Exhibit A to the Credit Agreement is hereby amended by replacing it in its entirety with the following:
Increase in Commitment Amount. The definition of "Commitment Amount" set forth in Section 1.1 of the Agreement is hereby modified and replaced with the following definition:
Increase in Commitment Amount. The term "Commitment" is hereby restated to mean the commitment of Lender to make Loans, on the terms and conditions herein obtained from the date hereof through the Commitment Termination Date in an aggregate principal amount at one time outstanding not in excess of Five Million Dollars ($5,000,000.00).
Increase in Commitment Amount. The Borrower may, from time to time, request in writing an increase in the Commitment Amount (an “Increase Request”) by an amount (for all such requests in the aggregate) not exceeding $[***] (each a “Commitment Increase”); provided that any such request for a Commitment Increase shall be in a minimum amount of $[***]. The Lender, acting in its sole and absolute discretion, shall advise the Borrower in writing whether the Lender agrees to such Increase Request under this Section no later than the date fifteen (15) calendar days following the receipt of such request (or, if such date is not a Business Day, on the next preceding Business Day); provided, that for the avoidance of doubt, the failure of the Lender to advise the Borrower it has agreed to such Increase Request shall be deemed a rejection of such request. If the Lender agrees to any such Increase Request, the Lender will provide written notice to the Borrower of its consent (an “Increase Consent”) and the Lender and the Borrower shall use commercially reasonable efforts to close an amendment evidencing such Commitment Increase not later than fifteen (15) calendar days following delivery of such Increase Consent. As a condition precedent to any Commitment Increase, (a) the parties shall enter into an amendment to this Agreement substantially in the form of Exhibit H attached hereto, (b) the Borrower shall pay to the Lender an additional closing fee in an amount to be mutually agreed upon, together with the reasonable fees and expenses of Lender’s legal counsel, and (c) the Borrower shall deliver to the Lender (i) certificates in the form delivered under Section 5.01(h), (i) and (j) hereof, (ii) an enforceability opinion of legal counsel with respect to the related amendment, and (iii) such other agreements, instruments, approvals, and other documents, each satisfactory to the Lender in form and substance, as the Lender may reasonably request.
Increase in Commitment Amount. Borrower may request, by notice to the Agent, the Agent's approval of an increase of the Maximum Commitment Amount, from $60,000,000 to an amount not to exceed $100,000,000. Such approval shall be granted in the sole and absolute discretion of the Agent. The Commitment of any Bank shall not be increased without its consent. Borrower shall execute such documents and instruments as the Agent may request in order to evidence the increase of the Commitment. The Agent will promptly send each Bank an amended Schedule 1.
Increase in Commitment Amount. At any time prior to March 21, 2010 (the “Commitment Increase Date”) the Company may notify the Investor in writing that it wishes to increase the Commitment Amount to $45,000,000 effective upon the Commitment Increase Date and the Commitment Amount shall automatically be deemed increased.
Increase in Commitment Amount. The following Section 2.1(d) is hereby amended and restated in its entirety as follows:
Increase in Commitment Amount. The Commitment Amount shall automatically increase by an amount equal to eighty percent (80%) of the amount by which the Appraisal for the real property owned by KR Livonia that is located in Livonia, Xxxxx County, Michigan exceeds $4,520,000.00, provided, however, that in no event shall the Commitment Amount exceed $10,000,000.
