Increase in Commitment Amount Clause Samples
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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. 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:
(a) no Default or Event of Default has occurred and is continuing:
(b) the Commitment Amount (as increased) does not at any time exceed Cdn. $2,500,000,000;
(c) the Agent, the Swing Line Lender and each Fronting Lender have each consented to such financial institution becoming a Lender or, in the case of an existing Lender, increasing its Individual Commitment Amount, such consent not to be unreasonably withheld;
(d) the Individual Commitment Amount of a new financial institution being added as a Lender pursuant to this Section 3.2 shall be no less than Cdn. $50,000.00;
(e) concurrently with the addition of a financial institution as an additional Lender or the increase of a Lender's Individual Commitment Amount, such financial institution or Lender, as the case may be, shall purchase from each Lender, such portion of the Aggregate Principal Amount owed to each Lender as is necessary to ensure that the Aggregate Principal Amount owed to all Lenders and including therein such additional financial institution and the increased Individual Commitment Amount of any Lender, are in accordance with the Lender's Rateable Portions of all such Lenders (including the new financial institution and the increased Individual Commitment Amount of any Lender) and such financial institution shall execute such documentation as is required by the Agent, acting reasonably, to novate such financial institution as a Lender hereunder; provided that with respect to any portion of such Aggregate Principal Amount which is outstanding by way of Bankers' Acceptance, the new financial institution or such Lender shall provide an indemnity to the other Lenders (provided that no such indemnity may exceed two months in duration unless agreed to by all of the affected Lenders) in order to ensure such Bankers' Acceptances are outstanding in accordance with the new Rateable Portions; and
(f) the Borrower has provided to the Agent a certified copy of a directors' resolution of the Borrower authorizing any such increase in the Commitment Amount (which may be the original directors' resolution authorizing the credit facility hereunder) together with a legal opinion with respect there...
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 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. If no Default or Event of Default has occurred and is continuing, the U.S. Borrower may request an increase of the Lenders' Commitments by giving written notice of such request to the Administrative Agent no later than April 25,
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 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, ▇▇▇▇▇ County, Michigan exceeds $4,520,000.00, provided, however, that in no event shall the Commitment Amount exceed $10,000,000.
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. The following Section 2.1(d) is hereby amended and restated in its entirety as follows: