Increase in Facility Amount. So long as no Default or Event of Default has occurred and is continuing, from time to time prior to the Commitment Termination Date the Borrower may request one or more increases to the Facility Amount (up to, in the aggregate, $750,000,000) (each such increase, a “Facility Increase”) subject to satisfaction of each of the following conditions: (i) the Borrower has delivered to the Administrative Agent (with a copy to the Collateral Agent) a written request for such Facility Increase (which may be by email); (ii) the Borrower has delivered to the Administrative Agent evidence that the Borrower is authorized to agree to such Facility Increase and all requested opinions in respect of the Borrower; (iii) the Administrative Agent consents to such Facility Increase in its sole discretion; and (iv) each of the representations and warranties of the Borrower contained in the Facility Documents shall be true and correct in all material respects as of such date (except to the extent such representations and warranties expressly relate to any earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date as if made on such date).
Appears in 3 contracts
Samples: Amendment No. 2 to Facility Documents (Blue Owl Technology Income Corp.), Credit and Security Agreement (Blue Owl Technology Income Corp.), Credit and Security Agreement (Owl Rock Technology Income Corp.)
Increase in Facility Amount. So long as no Default or Event of Default has occurred and is continuing, from time to time prior to the Commitment Termination Date the Borrower may request one or more increases to the Facility Amount (up to, in the aggregate, $750,000,000300,000,000) (each such increase, a “Facility Increase”) subject to satisfaction of each of the following conditions:
(i) the Borrower has delivered to the Administrative Agent (with a copy to the Collateral Agent) a written request for such Facility Increase (which may be by email);
(ii) the Borrower has delivered to the Administrative Agent evidence that the Borrower is authorized to agree to such Facility Increase and all requested opinions in respect of the Borrower;
(iii) the Administrative Agent consents to such Facility Increase in its sole discretion; and
(iv) each of the representations and warranties of the Borrower contained in the Facility Documents shall be true and correct in all material respects as of such date (except to the extent such representations and warranties expressly relate to any earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date as if made on such date).
Appears in 2 contracts
Samples: Credit and Security Agreement (Blue Owl Credit Income Corp.), Credit and Security Agreement (Blue Owl Credit Income Corp.)
Increase in Facility Amount. (a) So long as no Default or Event of Default has occurred and is continuing, from time to time prior to the Commitment Termination Date the Borrower may request one or more increases to the Facility Amount (up to, in the aggregate, $750,000,000) (each such increase, a “Facility Increase”) subject to satisfaction of each of the following conditions:
(i) the Borrower has delivered to the Administrative Agent (with a copy to the Collateral Agent) a written request for such Facility Increase (which may be by email);
(ii) the Borrower has delivered to the Administrative Agent evidence that the Borrower is authorized to agree to such Facility Increase and all requested opinions in respect of the Borrower;
(iii) the Administrative Agent and each applicable Lender consents to such Facility Increase in its their respective sole discretion; and
(iv) each of the representations and warranties of the Borrower contained in the Facility Documents shall be true and correct in all material respects as of such date (except to the extent such representations and warranties expressly relate to any earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date as if made on such date).
(b) On any Business Day, the Administrative Agent and any Lender may, in their respective sole discretion and at the request of the Borrower, increase the Commitment of such Lender in the amount necessary to cure any breach of the Borrowing Base (Aggregate) resulting from a change in any Applicable Conversion Rate.
Appears in 1 contract
Samples: Credit and Security Agreement (Fidelity Private Credit Fund)
Increase in Facility Amount. So long as no Default or Event of Default has occurred and is continuing, from time to time prior to the Commitment Termination Date the Borrower may request one or more increases to the Facility Amount (up to, in the aggregate, $750,000,000) (each such increase, a “Facility Increase”) subject to satisfaction of each of the following conditions:
(i) the Borrower has delivered to the Administrative Agent (with a copy to the Collateral Agent) a written request for such Facility Increase (which may be by email);
(ii) the Borrower has delivered to the Administrative Agent evidence that the Borrower is authorized to agree to such Facility Increase and all requested customary opinions as to the due authorization and enforceability of such Facility Increase in respect of the Borrower;
(iii) the Administrative Agent and each applicable Lender consents to such Facility Increase in its their respective sole discretion; and;
(iv) each of the representations and warranties of the Borrower contained in the Facility Documents shall be true and correct in all material respects as of such date (except to the extent such representations and warranties expressly relate to any earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date as if made on such date); and
(v) the Facility Amount following such Facility Increase will not exceed $80,000,000; provided that, in no event will the Commitment of Citibank, N.A. exceed $32,800,000.
Appears in 1 contract
Samples: Credit and Security Agreement (SLR Private Credit BDC II LLC)