Increase in Revolving Commitments. (i) the Borrower shall obtain commitments for the amount of the increase from existing Lenders or other commercial banks or financial institutions reasonably acceptable to the Administrative Agent, which other commercial banks and financial institutions shall join in this Credit Agreement as Lenders by joinder agreement substantially in the form of Schedule 2.1(d) attached hereto or other arrangement reasonably acceptable --------------- to the Administrative Agent, (ii) any such increase shall be in a minimum aggregate principal amount of $5 million and integral multiples of $1 million in excess thereof (or the remaining amount, if less), (iii) notwithstanding any term of this Credit Agreement to the contrary, the Administrative Agent and the Borrower may agree to increase the rate of interest hereunder, (iv) if any Revolving Loans are outstanding at the time of any such increase, the Borrower shall make such payments and adjustments on the Revolving Loans (including payment of any break-funding amounts owing under Section 3.12) as may be necessary to give effect to the revised commitment percentages and commitment amounts, and (v) the conditions to the making of a Revolving Loan set forth in Section 5.2 shall be satisfied. (a) shall be revised to reflect the modified commitments and commitment ------ percentages of the Lenders, and the Borrower shall provide supporting corporate resolutions, legal opinions, promissory notes and other items as may be reasonably requested by the Administrative Agent and the Lenders in connection therewith.
Appears in 1 contract
Samples: Credit Agreement (Ameripath Inc)
Increase in Revolving Commitments. (i) Subject to the terms and --------------------------------- conditions set forth herein, the Borrower shall obtain commitments for may, at any time after consummation of a Qualified IPO and the amount repayment in full of the Tranche A Term Loans, upon written notice to the Administrative Agent, increase from the Total Revolving Commitments to not more than $75.0 million; provided that: --------
(a) existing Lenders or other commercial banks or financial institutions reasonably acceptable to the Administrative Agent, which other Agent and the Borrower shall have delivered commitments in order to increase the Total Revolving Commitments to not more than $75.0 million and such commercial banks and financial institutions shall join in this Credit Agreement as Lenders by executing a joinder agreement substantially in the form of Schedule 2.1(d) attached hereto or other arrangement reasonably acceptable --------------- to the Administrative Agent,;
(iib) any such increase shall be in a minimum aggregate principal amount of $5 5.0 million and integral multiples of $1 1.0 million in excess thereof (or the remaining amount, if less),;
(iii) notwithstanding any term of this Credit Agreement to the contrary, the Administrative Agent and the Borrower may agree to increase the rate of interest hereunder,
(ivc) if any Revolving Loans are outstanding at the time of any such increase, the Borrower shall make such payments and adjustments on the Revolving Loans (including payment of any break-funding amounts owing under Section 3.122.18) as may be necessary to give effect to the revised commitment percentages and commitment amounts, ; and
(vd) the conditions to the making of a the Revolving Loan Loans as set forth in Section 5.2 shall be satisfied.
(a) . In connection with any such increase in the Revolving Commitments, Schedule 1 ---------- hereto shall be revised to reflect the Lenders' modified commitments commitment amounts and commitment ------ percentages of the Lenders, and the Borrower shall provide supporting corporate resolutions, legal opinions, promissory notes and other items docu- mentation as may be reasonably requested by the Administrative Agent and the Lenders in connection therewith.
Appears in 1 contract
Samples: Credit Agreement (American Pharmaceutical Partners Inc /Ca/)
Increase in Revolving Commitments. Subject to the terms and conditions set forth herein, the Borrower may, at any time, upon written notice to the Administrative Agent, increase the Aggregate Revolving Committed Amount to not more than ONE HUNDRED TWENTY-FIVE MILLION DOLLARS ($125,000,000); provided that:
(i) the Borrower shall obtain commitments for the amount of the increase from existing Lenders or other commercial banks or financial institutions reasonably acceptable to the Administrative Agent, which other commercial banks and financial institutions shall join in this Credit Agreement as Lenders by joinder agreement substantially in the form of Schedule 2.1(dExhibit 2.01(d) attached hereto or other arrangement reasonably acceptable --------------- to the Administrative Agent,
(ii) any such increase shall be in a minimum aggregate principal amount of $5 million and integral multiples of $1 million in excess thereof (or the remaining amount, if less),
(iii) notwithstanding any term of this Credit Agreement to the contrary, the Administrative Agent and the Borrower may agree to increase the rate of interest hereunder,
(iv) if any Revolving Loans are outstanding at the time of any such increase, the Borrower shall make such payments and adjustments on the Revolving Loans (including payment of any break-funding amounts owing under Section 3.123.05) as may be necessary to give effect to the revised commitment percentages and commitment amounts, and
(viv) the conditions to the making of a Revolving Loan set forth in Section 5.2 5.02 shall be satisfied.
(a) . In connection with any such increase in the Revolving Commitments, Schedule 2.01 shall be revised to reflect the modified commitments and commitment ------ percentages of the Lenders, and the Borrower shall provide supporting corporate resolutions, legal opinions, promissory notes and other items as may be reasonably requested by the Administrative Agent and the Lenders in connection therewith.
Appears in 1 contract
Samples: Credit Agreement (Amerigroup Corp)
Increase in Revolving Commitments. Subject to the terms and conditions set forth herein, the Borrower may, at any four (4) times on or after the Closing Date, upon written notice to the Administrative Agent, increase the Aggregate Revolving Committed Amount by up to ONE HUNDRED MILLION DOLLARS ($100,000,000) to not more than FOUR HUNDRED MILLION DOLLARS ($400,000,000); provided that:
(i) the Borrower shall obtain commitments for the amount of the increase from existing Lenders (none of which shall be required to increase its Revolving Commitment) or other commercial banks or and financial institutions reasonably acceptable to the Borrower and the Administrative Agent, which other commercial banks and financial institutions shall join in this Credit Agreement as Lenders by joinder agreement substantially in the form of Schedule 2.1(dExhibit 2.01(d) attached hereto or by other arrangement reasonably acceptable --------------- to the Administrative Agent,;
(ii) any such increase shall be in a minimum aggregate principal amount of $5 million and integral multiples of $1 million in excess thereof (or the remaining amount, if less),;
(iii) notwithstanding any term of this Credit Agreement to the contrary, the Administrative Agent and the Borrower may agree to increase the rate of interest hereunder,
(iv) if any Revolving Loans are outstanding at the time of any such increase, the Borrower shall will make such payments and adjustments on the Revolving Loans (including payment of any break-funding breakage or other amounts owing under Section 3.123.05) as may be necessary to give effect to the revised commitment percentages and commitment amounts, ; and
(viv) the conditions to the making of a Revolving Loan set forth in Section 5.2 4.02 shall be satisfied.
(a) shall . In connection with any such increase in the Revolving Commitments, Schedule 2.01 will be revised to reflect the modified commitments and commitment ------ percentages of the Lenders, and the Borrower shall will provide supporting corporate resolutions, legal opinions, promissory notes and other items as may be reasonably requested by the Administrative Agent and the Lenders in connection therewith.
Appears in 1 contract
Increase in Revolving Commitments. Subject to the terms and conditions set forth herein, the Borrower may, at any time within two years of the Closing Date, upon written notice to the Administrative Agent, increase the Aggregate Revolving Committed Amount by up to $50 million to not more than THREE HUNDRED FIFTY MILLION DOLLARS ($350,000,000); provided that:
(i) the Borrower shall obtain commitments for the amount of the increase from existing Lenders or other commercial banks or financial institutions reasonably acceptable to the Administrative Agent, which other commercial banks and financial institutions shall join in this Credit Agreement as Lenders by joinder agreement substantially in the form of Schedule 2.1(d) Exhibit E attached hereto or other arrangement reasonably acceptable --------------- to the Administrative Agent,
(ii) any such increase shall be in a minimum aggregate principal amount of $5 million 5,000,000 and integral multiples of $1 million 1,000,000 in excess thereof (or the remaining amount, if less),
(iii) notwithstanding any term of this Credit Agreement to the contrary, the Administrative Agent and the Borrower may agree to increase the rate of interest hereunder,
(iv) if any Revolving Loans are outstanding at the time of any such increase, the Borrower shall make such payments and adjustments on the Revolving Loans (including payment of any break-funding amounts owing under Section 3.123.05) as may be necessary to give effect to the revised commitment percentages and commitment amounts, and
(viv) the conditions to the making of a Revolving Loan set forth in Section 5.2 4.02 shall be satisfied.
(a) . In connection with any such increase in the Revolving Commitments, Schedule 2.01 shall be revised to reflect the modified commitments and commitment ------ percentages of the Lenders, and the Borrower shall provide supporting corporate resolutions, legal opinions, promissory notes and other items as may be reasonably requested by the Administrative Agent and the Lenders in connection therewith.
Appears in 1 contract
Increase in Revolving Commitments. Subject to the terms and conditions set forth herein, the Company may, at any time within 180 days of the date hereof, upon written notice to the Administrative Agent, increase the Aggregate Revolving Committed Amount to not more than TWO HUNDRED FIFTY MILLION DOLLARS ($250,000,000); provided that:
(i) the Borrower Company shall obtain commitments for the amount of the increase from existing Lenders or other commercial banks or financial institutions reasonably acceptable to the Administrative Agent, which provided that such other commercial banks and financial institutions shall join in this Credit Agreement as Lenders by joinder agreement substantially in the form of Schedule 2.1(d) attached hereto or other arrangement reasonably acceptable --------------- to the Administrative Agent,
(ii) any such increase shall be in a minimum aggregate principal amount of $5 million and integral multiples of $1 million in excess thereof (or the remaining amount, if less),
(iii) notwithstanding any term of this Credit Agreement to the contrary, the Administrative Agent and the Borrower may agree to increase the rate of interest hereunder,
(iv) if any Revolving Loans are outstanding at the time of any such increase, the Borrower Company shall make such payments and adjustments on the Revolving Loans (including payment of any break-funding amounts owing under Section 3.12) as may be necessary to give effect to the revised commitment percentages and commitment amounts, and
(viv) the conditions to the making of a Revolving Loan set forth in Section 5.2 shall be satisfied.
(a. In connection with any such increase in the Revolving Commitments, Schedule 2.1(a) shall be revised to reflect the modified commitments and commitment ------ percentages of the Lenders, and the Borrower Company shall provide supporting corporate resolutions, legal opinions, promissory notes and other items as may be reasonably requested by the Administrative Agent and the Lenders in connection therewith.
Appears in 1 contract
Increase in Revolving Commitments. So long as the revolving --------------------------------- commitments hereunder and under the Xxxxxxxx'x Credit Agreement shall be not greater than $200 million in the aggregate, then subject to the terms and conditions set forth herein, upon twelve (i12) the Borrower shall obtain commitments for the amount of the increase from existing Lenders or other commercial banks or financial institutions reasonably acceptable days advance written notice to the Administrative Agent, which other commercial banks the Borrower shall have the right, at any time and financial institutions shall join in this Credit Agreement as Lenders by joinder agreement substantially in from time to time from the form of Schedule 2.1(d) attached hereto or other arrangement reasonably acceptable --------------- Closing Date until the Termination Date, to increase the Administrative Agent,
Aggregate Revolving Committed Amount to an aggregate available amount not to exceed $125,000,000; provided that (iii) any such -------- increase shall be in a minimum aggregate principal amount of $5 million 5,000,000 and integral multiples of $1 million 1,000,000 in excess thereof (or the remaining amount, if less),
, (iii) notwithstanding any term of this Credit Agreement to the contrary, the Administrative Agent and the Borrower may agree to increase the rate of interest hereunder,
(ivii) if any Revolving Loans are outstanding at the time of any such increase, the Borrower shall make such payments and adjustments on the Revolving Loans (including payment of any break-funding amounts amount owing under Section 3.12) as may be necessary to give effect to the revised commitment percentages Revolving Commitment Percentages and commitment amounts, and
Revolving Commitment Amounts of the Lenders resulting from such increase and (viii) the conditions to the making Extensions of a Revolving Loan set forth Credit in Section 5.2 Sections 5.2(a), (b) and (c) shall be satisfied.satisfied as of the date of such increase. An increase in the Aggregate Revolving Committed Amount hereunder shall be subject to satisfaction of the following: (A) in the case of any such request
(a) shall be revised to reflect the modified commitments Revolving Commitment ------ Percentages and commitment ------ percentages Commitments of the Lenders, and the Borrower shall provide supporting corporate resolutions, legal opinions, promissory notes and other items as may be reasonably requested by the Administrative Agent and the Lenders in connection therewith.
Appears in 1 contract
Samples: Credit Agreement (Friedmans Inc)