Increase in Commitments; Borrower Request Clause Samples

Increase in Commitments; Borrower Request. (a) Provided there exists no Default, upon notice to the Administrative Agent (which shall promptly notify the Lenders), the Borrower may from time to time, request establishment of one or more new term loan commitments (each, an “Incremental Term Commitment”) in an aggregate principal amount not in excess of $200,000,000; provided, however, that the Borrower may make a maximum of three such requests. Each Incremental Term Commitment hereunder shall be in a minimum amount of $50,000,000 (and in integral multiples of $5,000,000 in excess thereof). To achieve the full amount of a requested increase, the Borrower may solicit Incremental Term Commitments from existing Lenders and also invite CHAR2\2846261v9 additional Eligible Assignees to become Lenders; provided, however, that no existing Lender shall be obligated and/or required to provide an Incremental Term Commitment pursuant to this Section 2.14 unless it specifically consents to such increase in writing. Any Lender or Eligible Assignee agreeing to provide an Incremental Term Commitment pursuant to this Section 2.14 shall, in connection therewith, deliver to the Administrative Agent an Incremental Term Commitment agreement in form and substance satisfactory to the Administrative Agent and its counsel. (b) If Incremental Term Commitments are established in accordance with this Section, the Administrative Agent and the Borrower shall determine the effective date (the “Increase Effective Date”) and the final allocation of such Incremental Term Commitments. The Administrative Agent shall promptly notify the Borrower and the Lenders of the final allocation of such Incremental Term Commitment and the Increase Effective Date and Schedule 2.01 hereto shall be deemed amended to reflect the Incremental Term Commitments and final allocation. As a condition precedent to such Incremental Term Commitments, in addition to any deliveries pursuant to subsection (a) above, the Borrower shall deliver to the Administrative Agent each of the following in form and substance satisfactory to the Administrative Agent: (1) a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Borrower (i) certifying and attaching the resolutions adopted by the Borrower approving or consenting to such Incremental Term Commitments, and (ii) certifying that, before and after giving effect to such Incremental Term Commitments, (A) the representations and wa...

Increase in Commitments; Borrower Request. The Borrower may by written notice to the Administrative Agent elect to request (x) prior to the Maturity Date for the Revolving Facility, an increase to the existing Revolving Commitments (each, an “Incremental Revolving Commitment”) and/or (y) the establishment of one or more new term loan commitments (each, an “Incremental Term Commitment”), by an aggregate amount for all such Incremental Revolving Commitments and Incremental Term Commitments not in excess of $75,000,000. Each such notice shall specify (i) the date (each, an “Increase Effective Date”) on which the Borrower proposes that the Incremental Commitments shall be effective, which shall be a date not less than ten (10) Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee or other Person to whom the Borrower proposes any portion of such Incremental Commitments be allocated and the amounts of such allocations; provided, however, that (i) any existing Lender approached to provide all or a portion of the Incremental Commitments may elect or decline, in its sole discretion, to provide such Incremental Commitment, (ii) the Borrower may make a maximum of three (3) such requests and (iii) Affiliated Lenders shall be subject to Section 2.17. Each Incremental Commitment shall be in an aggregate amount of $10,000,000 or any whole multiple of $5,000,000 in excess thereof (provided, however, 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 Commitments set forth in above).