Common use of Increase in Credit Facility Clause in Contracts

Increase in Credit Facility. (a) The Company may, by written notice to the Global Agent from time to time, request that the Total Facility Commitment be increased by an amount not to exceed the Incremental Facility Amount at such time. Upon the approval of such request by the Global Agent (which approval shall not be unreasonably withheld), the Global Agent shall deliver a copy thereof to each Lender with a Facility Commitment. Such notice shall set forth the amount of the requested increase in the Total Facility Commitment (which shall be in minimum increments of $25,000,000 and a minimum amount of $25,000,000 or equal to the remaining Incremental Revolving Facility Amount) and the date on which such increase is requested to become effective (which shall be not less than 10 Business Days nor more than 60 days after the date of such notice and which, in any event, must be on or prior to the Credit Facility Termination Date), and shall offer each such Lender the opportunity to increase its Facility Commitment by its Fixed Commitment Percentage of the proposed increased amount. Each such Lender shall, by notice to the Company and the Global Agent given not more than 10 days after the date of the Global Agent’s notice, either agree to increase its Facility Commitment by all or a portion of the offered amount (each such Lender so agreeing being an “Increasing Revolving Lender”) or decline to increase its Facility Commitment (and any such Lender that does not deliver such a notice within such period of 10 days shall be deemed to have declined to increase its Facility Commitment, and each Lender so declining or being deemed to have declined being a “Non-Increasing Revolving Lender”). In the event that, on the 10th day after the Global Agent shall have delivered a notice pursuant to the second sentence of this paragraph, the Increasing Revolving Lenders shall have agreed pursuant to the preceding sentence to increase their Facility Commitments by an aggregate amount less than the increase in the Total Facility Commitment requested by the Company, the Company may arrange for one or more banks or other entities (any such bank or other entity referred to in this clause being an “Augmenting Revolving Lender”), which may include any Lender, to extend Facility Commitments or increase their existing Facility Commitments in an aggregate amount equal to the unsubscribed amount; provided that each Augmenting Revolving Lender, if not already a Lender with a Facility Commitment hereunder, shall be subject to the approval of the Global Agent (which approval shall not be unreasonably withheld) and the Company and each Augmenting Revolving Lender shall execute all such documentation as the Global Agent shall reasonably specify to evidence its Facility Commitment and/or its status as a Lender with a Facility Commitment hereunder. Any increase in the Total Facility Commitment may be made in an amount that is less than the increase requested by the Company if the Company is unable to arrange for, or chooses not to arrange for, Augmenting Revolving Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/)

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Increase in Credit Facility. (a) The Company mayBorrower may on any single occasion, by written notice to the Global Agent from time to timeAdministrative Agent, request that the Total Facility Revolving Commitment be increased by an a minimum amount of not less than $5,000,000 that is a multiple of $1,000,000, provided that the aggregate amount of increases pursuant to this Section Exhibit 10.14 2.15 shall not exceed the Incremental Facility Amount at such timeAmount. Upon the approval of such request by the Global Agent (which approval shall not be unreasonably withheld)Administrative Agent, the Global Administrative Agent shall deliver a copy thereof to each Lender with a Facility CommitmentLender. Such notice shall set forth the amount of the requested increase in the Total Facility Revolving Commitment (which shall be in minimum increments of $25,000,000 and a minimum amount of $25,000,000 or equal to the remaining Incremental Revolving Facility Amount) and the date on which such increase is requested to become effective (which shall be not less than 10 Business Days nor more than 60 days after the date of such notice and which, in any event, must be on or prior to the Credit termination of the Revolving Facility Termination Date), Availability Period) and shall offer each such Lender the opportunity to increase its Facility Commitment by its Fixed Commitment Percentage of the proposed increased amountRevolving Commitment. Each such Lender shall, by notice to the Company Borrower and the Global Administrative Agent given not more than 10 days after within the date of specified time period set forth in the Global Administrative Agent’s notice, either agree to increase its Facility Revolving Commitment by all or a portion of the offered amount (each such Lender so agreeing being an “Increasing Revolving Lender”) or decline to increase its Facility Revolving Commitment (and any such Lender that does not timely deliver such a notice within such period of 10 days shall be deemed to have declined to increase its Facility Commitment, Revolving Commitment and each Lender so declining or being deemed to have declined being a “Non-Increasing Revolving Lender”). In the event that, on the 10th day after the Global Agent shall have delivered a notice pursuant to the second sentence of this paragraph, that the Increasing Revolving Lenders shall have agreed pursuant to the preceding sentence to increase their Facility Revolving Commitments by an aggregate amount less than the increase in the Total Facility Revolving Commitment requested by the CompanyBorrower, the Company Borrower may arrange for one or more banks or other entities (any such bank or other entity referred to in this clause being an “Augmenting Revolving Lender”), which may include any Lender, to extend Facility Revolving Commitments or increase their existing Facility Revolving Commitments in an aggregate amount equal to the unsubscribed amount; provided (i) that each Augmenting Revolving Lender, if not already a Lender with a Facility Revolving Commitment hereunder, shall be subject to the approval of the Global Administrative Agent (which approval shall not be unreasonably withheld); (ii) and the Company Borrower and each Augmenting Revolving Lender shall execute all such documentation as the Global Administrative Agent shall reasonably specify to evidence its Facility such Augmenting Lender’s Revolving Commitment and/or its status as a Lender with a Facility Revolving Commitment; and (iii) the minimum commitment of such Augmenting Lender (if not already a Lender with a Revolving Commitment hereunder) equals or exceeds $5,000,000. Any increase in the Total Facility Revolving Commitment may be made in an amount that is less than the increase requested by the Company Borrower if the Company Borrower is unable to arrange for, or chooses not to arrange for, Augmenting Lenders. No consent of any Lender (other than any Lenders participating in the increase of their respective Revolving LendersCommitments) shall be required for any increase in Total Revolving Commitments pursuant to this Section 2.15. Notwithstanding anything contained herein to the contrary, it is acknowledged and agreed that any incremental increase in Total Revolving Commitments contemplated by this Section 2.15 are to be Revolving Commitments and based on the terms and conditions set forth herein for Revolving Commitments and Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (TRC Companies Inc /De/)

Increase in Credit Facility. (a) The Company may, by written notice to the Global Agent from time to time, but in no event more than twice, request that the Total Facility Commitment be increased by an amount not to exceed the Incremental Facility Amount at such time. Upon the approval of such request by the Global Agent (which approval shall not be unreasonably withheld), the Global Agent shall deliver a copy thereof to each Lender with a Facility Commitment. Such notice shall set forth the amount of the requested increase in the Total Facility Commitment (which shall be in minimum increments of $25,000,000 and a minimum amount of $25,000,000 or equal to the remaining Incremental Revolving Facility Amount) and the date on which such increase is requested to become effective (which shall be not less than 10 Business Days nor more than 60 days after the date of such notice and which, in any event, must be on or prior to the Credit Facility Termination Date), and shall offer each such Lender the opportunity to increase its Facility Commitment by its Fixed Commitment Percentage of the proposed increased amount. Each such Lender shall, by notice to the Company and the Global Agent given not more than 10 days after the date of the Global Agent’s notice, either agree to increase its Facility Commitment by all or a portion of the offered amount (each such Lender so agreeing being an “Increasing Revolving Lender”) or decline to increase its Facility Commitment (and any such Lender that does not deliver such a notice within such period of 10 days shall be deemed to have declined to increase its Facility Commitment, and each Lender so declining or being deemed to have declined being a “Non-Increasing Revolving Lender”). In the event that, on the 10th day after the Global Agent shall have delivered a notice pursuant to the second sentence of this paragraph, the Increasing Revolving Lenders shall have agreed pursuant to the preceding sentence to increase their Facility Commitments by an aggregate amount less than the increase in the Total Facility Commitment requested by the Company, the Company may arrange for one or more banks or other entities (any such bank or other entity referred to in this clause being an “Augmenting Revolving Lender”), which may include any Lender, to extend Facility Commitments or increase their existing Facility Commitments in an aggregate amount equal to the unsubscribed amount; provided that each Augmenting Revolving Lender, if not already a Lender with a Facility Commitment hereunder, shall be subject to the approval of the Global Agent (which approval shall not be unreasonably withheld) and the Company and each Augmenting Revolving Lender shall execute all such documentation as the Global Agent shall reasonably specify to evidence its Facility Commitment and/or its status as a Lender with a Facility Commitment hereunder. Any increase in the Total Facility Commitment may be made in an amount that is less than the increase requested by the Company if the Company is unable to arrange for, or chooses not to arrange for, Augmenting Revolving Lenders.

Appears in 1 contract

Samples: Credit Agreement (Abercrombie & Fitch Co /De/)

Increase in Credit Facility. (a) The Company mayBorrower may from time to time, by written notice to the Global Agent from time to timeAdministrative Agent, request increases in the Total Revolving Commitment (each, an “Incremental Revolving Commitment” and the loans thereunder, “Incremental Revolving Loans” and each Incremental Revolving Loan Commitment is sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”), in each case, in a minimum amount of not less than $5,000,000 (or such lesser amount as agreed to by the Administrative Agent) that is a multiple of $1,000,000, provided that the Total Facility Commitment be increased by an aggregate amount of increases pursuant to this ‎Section 2.16 shall not to exceed the Incremental Facility Amount at such timeAmount. Upon the approval of such request by the Global Agent (which approval shall not be unreasonably withheld)Administrative Agent, the Global Administrative Agent shall deliver a copy thereof to each Lender with a Facility CommitmentLender. Such notice shall set forth the amount of the requested increase in the Total Incremental Facility Commitment (which shall be in minimum increments of $25,000,000 and a minimum amount of $25,000,000 or equal to the remaining Incremental Revolving Facility Amount) and the date on which such increase Incremental Facility is requested to become effective (which shall be not less than 10 Business Days nor more than 60 days after the date of such notice and which, in any event, must be on or prior to the Credit termination of the Revolving Facility Termination Date), Availability Period) and shall offer each such Lender the opportunity to increase its Facility Commitment by its Fixed Commitment Percentage of the proposed increased amountparticipate in such Incremental Facility. Each such Lender shall, by notice to the Company Borrower and the Global Administrative Agent given not more than 10 days after within the date of specified time period set forth in the Global Administrative Agent’s notice, either agree to increase its Facility Commitment participate in such Incremental Facility, by all or a portion of the offered amount (each such Lender so agreeing being an “Increasing Revolving Lender”) or decline to increase its Facility Revolving Commitment (and any such Lender that does not timely deliver such a notice within such period of 10 days shall be deemed to have declined to increase its Facility Commitment, Revolving Commitment and each Lender so declining or being deemed to have declined being a “Non-Increasing Revolving Lender”). In the event that, on the 10th day after the Global Agent shall have delivered a notice pursuant to the second sentence of this paragraph, that the Increasing Revolving Lenders shall have agreed pursuant to the preceding sentence to increase their participate in such Incremental Facility Commitments by in an aggregate amount less than the increase in the Total Incremental Facility Commitment requested by the CompanyBorrower, the Company Borrower may arrange for one or more banks or other entities (any such bank or other entity referred to in this clause being an “Augmenting Revolving Lender”), which may include any Lender, to extend Facility Incremental Commitments or increase their existing Facility Commitments in an aggregate amount equal to the unsubscribed amount; provided (i) that each Augmenting Revolving Lender, if not already a Lender with a Facility Commitment hereunderRevolving Lender, shall be subject to the approval of the Global Administrative Agent (which approval shall not be unreasonably withheld); and (ii) and the Company Borrower and each Augmenting Revolving Lender shall execute all such documentation as the Global Administrative Agent shall reasonably specify to evidence its such Augmenting Lender’s Incremental Revolving Commitment Facility Commitment and/or its status as a Lender. No Lender with a Facility Commitment hereundershall have any obligation, express or implied, to participate in such Incremental Facility. Any increase in the Total Incremental Facility Commitment may be made in an amount that is less than the increase Incremental Facility requested by the Company Borrower if the Company Borrower is unable to arrange for, or chooses not to arrange for, Augmenting Revolving Lenders.,

Appears in 1 contract

Samples: Credit Agreement (TRC Companies Inc /De/)

Increase in Credit Facility. (a) The Company Borrower may, by written notice to the Global Administrative Agent from time to time, request that the Total Credit Facility Commitment Amount be increased by an amount not to exceed the Incremental Facility Amount at such time, which increase may take the form of an increase of the Total Revolving Commitment or one or more tranches of term loans (each an “Incremental Term Loan”). Upon the approval of such request by the Global Agent (which approval shall not be unreasonably withheld), the Global The Administrative Agent shall deliver a copy thereof to each Lender with a Facility CommitmentLender. Such notice shall set forth the amount of the requested increase in the Total Credit Facility Commitment Amount (which shall be in minimum increments of $25,000,000 10,000,000, and a minimum amount of $25,000,000 or equal to the remaining Incremental Revolving Facility Amount) ), whether such requested increase shall be in the form of an increase of the Total Revolving Commitment or an Incremental Term Loan, and the date on which such increase is requested to become effective (which shall be not less than 10 Business Days nor more than 60 days after the date of such notice and which, in any event, must be on or prior to the Credit termination of the Revolving Facility Termination DateAvailability Period), and shall offer each such Lender the opportunity opportunity, as applicable, to increase its Facility Commitment by its Fixed Commitment Revolving Facility Percentage of the proposed increased amount, or participate in such Incremental Term Loans by a percentage corresponding to its Revolving Facility Percentage of the proposed increased amount. Each such Lender shall, by notice to the Company Borrower and the Global Administrative Agent given not more than 10 days after the date of the Global Administrative Agent’s notice, either agree to increase its Facility Commitment or participate in such Incremental Term Loans, as applicable, by all or a portion of the offered amount (each such Lender so agreeing being an “Increasing Revolving Lender”) or decline to increase its Facility Commitment or participate in such Incremental Term Loans (and any such Lender that does not deliver such a notice within such period of 10 days shall be deemed to have declined to increase its Facility CommitmentCommitment or declined to participate in such Incremental Term Loans, as applicable, and each Lender so declining or being deemed to have declined being a “Non-Increasing Revolving Lender”). In the event that, on the 10th day after the Global Administrative Agent shall have delivered a notice pursuant to the second sentence of this paragraph, the Increasing Revolving Lenders shall have agreed pursuant to the preceding sentence to increase their Facility Commitments or participate in such Incremental Term Loans, as applicable, by an aggregate amount less than the increase in the Total Credit Facility Commitment Amount requested by the CompanyBorrower, the Company Borrower may arrange for one or more banks or other entities (any such bank or other entity referred to in this clause being an “Augmenting Revolving Lender”), which may include any Lender, to extend Facility Commitments or increase their existing Facility Commitments or participate in such Incremental Term Loans, as applicable, in an aggregate amount equal to the unsubscribed amount; provided (i) that each Augmenting Revolving Lender, if not already a Lender with a Facility Commitment hereunder, shall be subject to the approval of the Global Administrative Agent (which approval shall not be unreasonably withheldwithheld or delayed); (ii) and the Company Borrower and each Augmenting Revolving Lender shall execute all such documentation as the Global Administrative Agent shall reasonably specify to evidence its Facility Commitment and/or its status as a Lender with a Facility Commitment hereunderhereunder or such Incremental Term Loans made pursuant to this Section 2.16, as applicable; and (iii) the minimum commitment of such Augmenting Lender equals or exceeds $5,000,000 or, if less, the unsubscribed amount of the requested Incremental Term Loan. Any increase in the Total Credit Facility Commitment Amount may be made in an amount that is less than the increase requested by the Company Borrower if the Company Borrower is unable to arrange for, or chooses not to arrange for, Augmenting Lenders. No consent of any Lender (other than the Lenders participating in the increase of their respective Revolving LendersCommitments or in any Incremental Term Loan) shall be required for any increase in Total Revolving Commitments or any Incremental Term Loan pursuant to this Section 2.16.

Appears in 1 contract

Samples: Credit Agreement (Mercury Computer Systems Inc)

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Increase in Credit Facility. (a) The Company mayBorrower may from time to time, by written notice to the Global Agent from time to timeAdministrative Agent, request increases in the Total Revolving Commitment (each, an “Incremental Revolving Commitment” and the loans thereunder, “Incremental Revolving Loans”) and/or increases in the Term Commitments and/or to establish one or more tranches of new term loans under this Agreement (each, whether or not a separate tranche, an “Incremental Term Loan Commitment” and each term loan thereunder, an “Incremental Term Loan”; each Incremental Term Loan Commitment and each Incremental Revolving Loan Commitment are each sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”), in each case, in a minimum amount of not less than $5,000,000 (or such lesser amount as agreed to by the Administrative Agent) that is a multiple of $1,000,000, provided that the Total Facility Commitment be increased by an aggregate amount of increases pursuant to this Section 2.16 shall not to exceed the Incremental Facility Amount at such timeAmount. Upon the approval of such request by the Global Agent (which approval shall not be unreasonably withheld)Administrative Agent, the Global Administrative Agent shall deliver a copy thereof to each Lender with a Facility CommitmentLender. Such notice shall set forth the amount of the requested increase in the Total Incremental Facility Commitment (which shall be in minimum increments of $25,000,000 and a minimum amount of $25,000,000 or equal to the remaining Incremental Revolving Facility Amount) and the date on which such increase Incremental Facility is requested to become effective (which shall be not less than 10 Business Days nor more than 60 days after the date of such notice and which, in any event, must be on or prior to the Credit termination of the Revolving Facility Termination Date), Availability Period) and shall offer each such Lender the opportunity to increase its Facility Commitment by its Fixed Commitment Percentage of the proposed increased amountparticipate in such Incremental Facility. Each such Lender shall, by notice to the Company Borrower and the Global Administrative Agent given not more than 10 days after within the date of specified time period set forth in the Global Administrative Agent’s notice, either agree to increase its Facility Commitment participate in such Incremental Facility, by all or a portion of the offered amount (each such Lender so agreeing being an “Increasing Revolving Lender”) or decline to increase its Facility Revolving Commitment or Term Commitment, as applicable (and any such Lender that does not timely deliver such a notice within such period of 10 days shall be deemed to have declined to increase 57 its Facility Revolving Commitment or Term Commitment, as applicable, and each Lender so declining or being deemed to have declined being a “Non-Increasing Revolving Lender”). In the event that, on the 10th day after the Global Agent shall have delivered a notice pursuant to the second sentence of this paragraph, that the Increasing Revolving Lenders shall have agreed pursuant to the preceding sentence to increase their participate in such Incremental Facility Commitments by in an aggregate amount less than the increase in the Total Incremental Facility Commitment requested by the CompanyBorrower, the Company Borrower may arrange for one or more banks or other entities (any such bank or other entity referred to in this clause being an “Augmenting Revolving Lender”), which may include any Lender, to extend Facility Incremental Commitments or increase their existing Facility Commitments in an aggregate amount equal to the unsubscribed amount; provided (i) that each Augmenting Revolving Lender, if not already a Lender with a Facility Commitment hereunderRevolving Lender, shall be subject to the approval of the Global Administrative Agent (which approval shall not be unreasonably withheld); and (ii) and the Company Borrower and each Augmenting Revolving Lender shall execute all such documentation as the Global Administrative Agent shall reasonably specify to evidence its Facility such Augmenting Lender’s Incremental Revolving Commitment Facility, Incremental Term Loan Commitment or Incremental Term Loan and/or its status as a Lender. No Lender with a Facility Commitment hereundershall have any obligation, express or implied, to participate in such Incremental Facility. Any increase in the Total Incremental Facility Commitment may be made in an amount that is less than the increase Incremental Facility requested by the Company Borrower if the Company Borrower is unable to arrange for, or chooses not to arrange for, Augmenting Revolving Lenders. No consent of any Lender (other than any Lenders participating in the Incremental Facility) shall be required for any Incremental Facility pursuant to this Section 2.16.

Appears in 1 contract

Samples: Assignment Agreement (TRC Companies Inc /De/)

Increase in Credit Facility. (a) The Company Borrower may, by written notice to the Global Administrative Agent from time to time, request that the Total Facility Revolving Commitment be increased by an aggregate amount not to exceed the Incremental Facility Amount at such timeAmount. Upon the approval of such request by the Global Agent (which approval shall not be unreasonably withheld), the Global The Administrative Agent shall deliver a copy thereof to each Lender with a Facility CommitmentLender. Such notice shall set forth the amount of the requested increase in the Total Facility Revolving Commitment (which shall be in minimum increments of $25,000,000 1,000,000, and a minimum amount of $25,000,000 5,000,000 or equal to the remaining Incremental Revolving Facility Amount) and the date on which such increase is requested to become effective (which shall be not less than 10 Business Days nor more than 60 days after the date of such notice and which, in any event, must be on or prior to the Credit termination of the Revolving Facility Termination DateAvailability Period), and shall offer each such Lender the opportunity opportunity, as applicable, to increase its Facility Commitment by its Fixed Commitment Revolving Facility Percentage of the proposed increased amount. Each such Lender shall, by notice to the Company Borrower and the Global Administrative Agent given not more than 10 days after the date of the Global Administrative Agent’s notice, either agree to increase its Facility Commitment by all or a portion of the offered amount (each such Lender so agreeing being an “Increasing Revolving Lender”) or decline to increase its Facility Commitment (and any such Lender that does not deliver such a notice within such period of 10 days shall be deemed to have declined to increase its Facility Commitment, Commitment and each Lender so declining or being deemed to have declined being a “Non-Increasing Revolving Lender”). In the event that, on the 10th day after the Global Administrative Agent shall have delivered a notice pursuant to the second sentence of this paragraph, the Increasing Revolving Lenders shall have agreed pursuant to the preceding sentence to increase their Facility Commitments by an aggregate amount less than the increase in the Total Facility Revolving Commitment requested by the CompanyBorrower, the Company Borrower may arrange for one or more banks or other entities (any such bank or other entity referred to in this clause being an “Augmenting Revolving Lender”), which may include any Lender, to extend Facility Commitments or increase their existing Facility Commitments in an aggregate amount equal to the unsubscribed amount; provided that (i) each Augmenting Revolving Lender, if not already a Lender with a Facility Commitment hereunder, shall be subject to the approval of the Global Administrative Agent (which approval shall not be unreasonably withheldwithheld or delayed); (ii) and the Company Borrower and each Augmenting Revolving Lender shall execute all such documentation as the Global Administrative Agent shall reasonably specify to evidence its Facility Commitment and/or its status as a Lender with a Facility Commitment hereunderCommitment; and (iii) the minimum commitment of such Augmenting Lender equals or exceeds $5,000,000 or, if less, the unsubscribed amount of the requested increase in the Total Revolving Commitment. Any increase in the Total Facility Revolving Commitment may be made in an amount that is less than the increase requested by the Company Borrower if the Company Borrower is unable to arrange for, or chooses not to arrange for, Augmenting Lenders. No consent of any Lender (other than the Lenders participating in the increase of their respective Revolving LendersCommitments) shall be required for any increase in Total Revolving Commitment pursuant to this Section 2.16.

Appears in 1 contract

Samples: Credit Agreement (Kona Grill Inc)

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