Increase in Revolving Credit Commitment. (a) The Borrower may request an increase in Revolving Credit Commitments from the existing Revolving Loan Lenders from time to time upon not less than 15 days’ written notice to Administrative Agent and the Revolving Loan Lenders, as long as (i) the requested increase is offered on the same terms as the existing Revolving Credit Commitments, (ii) such new Revolving Credit Commitments shall be available at any time prior to the Final Maturity Date, (iii) the Revolving Loan made pursuant to such Revolving Credit Commitments are used for the general corporate purposes of the Borrower (including in connection with Permitted Acquisitions), and (iv) the Administrative Agent and the Revolving Loan Lenders consent in their sole discretion to such increase at the time of the request thereof (any Revolving Loans extended pursuant to this Section 2.05, “Incremental Revolving Loans”).
(b) Upon satisfaction of the criteria set forth in Section 2.05(a), Administrative Agent shall promptly notify the existing Revolving Loan Lenders of the requested increase and, within 3 Business Days thereafter, each existing Revolving Loan Lender shall notify Administrative Agent in writing if and to what extent such existing Revolving Loan Lenders commits to increase its Revolving Credit Commitment. Any existing Revolving Loan Lenders not responding within such period shall be deemed to have declined an increase. For the avoidance of doubt, no existing Revolving Loan Lender shall be obligated to participate in any extension of Incremental Revolving Loans. All such increased Revolving Credit Commitments among committing Revolving Loan Lenders in connection with Incremental Revolving Loans shall be allocated on a pro rata basis (in accordance with such Revolving Loan Lenders Pro Rata Shares of the current Revolving Credit Commitments) between such participating Revolving Loan Lenders (or on such other basis as the participating Revolving Loan Lenders agree in their sole discretion). The Total Revolving Credit Commitment shall be increased by the requested amount (or such lesser amount committed) on a date agreed upon by Administrative Agent, the participating Revolving Loan Lenders and the Borrower and all such Incremental Revolving Loans made shall be deemed a “Revolving Loan” hereunder. The Administrative Agent, the Borrower, and the existing Revolving Loan Lenders making new Revolving Loans shall execute and deliver such customary documents and agreements as Administrative Agent deem...
Increase in Revolving Credit Commitment. So long as no Default or Unmatured Default has occurred and is continuing, the Revolving Credit Commitment shall be automatically increased in an amount equal to the scheduled principal payments made with respect to the Term Loan pursuant to Section 2.2.2, and the amount of each Lender's Pro-Rata Share of such increase in the Revolving Credit Commitment shall likewise be ratably increased. Upon any such increase in the Revolving Credit Commitment, the Borrower shall promptly execute and deliver to the Lenders replacement notes evidencing such increase. Notwithstanding the foregoing, in no event may the aggregate principal amount of all outstanding Loans at any time exceed the Aggregate Commitment."
2.12 The Credit Agreement is hereby amended by deleting Section 2.1.5 in its entirety and inserting the following in its stead:
Increase in Revolving Credit Commitment. Provided that there is no default of Event of Default or event then existing or would arise therefrom, and the Lender has reviewed the Borrower's request for increase, the Borrower, at its option, may request that the Revolving Credit Commitment be increased to an amount not to exceed $100,000,000 on terms and conditions similar to those applicable to the existing portion of the Revolving Credit Commitment, provided that after giving effect to any increase, the Revolving Credit Commitment shall not exceed $150,000,000. The Lender and any Participants shall initially have the right to increase the Revolving Credit Commitment however nothing herein shall be deemed a commitment by the Lender or any Participant to provide any such increase so requested by the Borrower.
Increase in Revolving Credit Commitment. Subject to the Agent and each Lender's prior written consent and so long as no Default or Unmatured Default has occurred and is continuing, commencing April 1, 2004 the Revolving Credit Commitment may be increased in an amount equal to the scheduled principal payments made with respect to the Term Loan pursuant to Section 2.2.2, and the amount of each Lender's Pro-Rata Share of such increase in the Revolving Credit Commitment shall likewise be ratably increased; provided, however, that in no event shall the aggregate principal amount of such increase to the Revolving Credit Commitment at any time exceed $10,000,000; provided, further, that in no event shall the principal amount of all outstanding Loans at any time exceed the Aggregate Commitment. Upon any such increase in the Revolving Credit Commitment, the Borrower shall promptly execute and deliver to the Lenders replacement notes evidencing such increase."
2.4 The Credit Agreement is hereby amended by deleting Section 2.1.5
Increase in Revolving Credit Commitment. So long as no Default or Unmatured Default has occurred and is continuing, the Revolving Credit Commitment of each Lender shall be automatically increased in an amount equal to any mandatory or voluntary prepayments made with respect to the Term Loan pursuant to Section 2.2.
Increase in Revolving Credit Commitment. (a) Subject to the conditions set forth below, at any time prior to the Revolving Credit Maturity Date, the Borrower, shall have the right upon not less than thirty (30) days' prior written notice (an "Incremental Revolving Credit Commitment Notification") to the
Increase in Revolving Credit Commitment. (a) From and after October 29, 2002, the Revolving Credit Commitment as at any date of determination shall be increased to an amount equal to (a) Seventy Million Dollars ($70,000,000) minus (b) the face amount of all Credit Enhancements outstanding on such date.
(b) Each Lender's portion of the Ten Million Dollars ($10,000,000) increase in the Revolving Credit Commitment is set forth on Schedule 1 to this Third Amendment.
(c) In consideration for the increase in the Revolving Credit Commitment provided for in this Section 2.01, the Borrower shall pay to the Agent on the date of this Third Amendment, for distribution to the Lenders, a commitment increase fee of $50,000.00.
(d) The increase in the Revolving Credit Commitment and each Lender's portion of it shall be evidenced by the Amended and Restated Revolving Credit Notes of the Borrower substantially in the form of Exhibits A-1, A-2 and A-3 attached hereto (the "Restated Notex").
Increase in Revolving Credit Commitment. Provided that no Event of Default has occurred and is continuing, the Borrower may, from time to time on any Business Day, increase the Revolving Credit Commitments by delivering a Revolving Credit Commitment Amount Increase Request at least 5 Business Days (or such fewer Business Days as the Agent may agree) before the desired effective date of such increase (the "Commitment Amount Increase") identifying each additional Bank (which may be an existing Bank) which has so agreed and the amount of its Revolving Credit Commitment (or, each additional amount of an existing Bank's Revolving Credit Commitment) which Bank and Commitment must be acceptable to the Agent; provided, however, that any increase of the Revolving Credit Commitments to aggregate Revolving Credit Commitments in excess of $600,000,000 will require the approval of all the Banks. The effective date of each Commitment Amount Increase shall be agreed upon by the Borrower and the Agent and shall be a date on which no Committed Loans are outstanding. Upon the effectiveness thereof, the Banks' Percentages shall be adjusted to reflect the then existing Revolving Credit Commitments. The Borrower agrees to pay any fees or expenses (including reasonable attorneys' fees and any processing fees) of the Agent relating to any Commitment Amount Increase.
Increase in Revolving Credit Commitment. Pursuant to Section 4.13 of the Loan Agreement, Borrowers have requested an increase in the aggregate Revolving Credit Commitments by an aggregate principal amount of $10,000,000.00, with an Increased Amount Date as of the date of this Amendment. The Administrative Agent hereby notifies the Borrowers and the Lenders of the allocation for all Revolving Credit Commitments, after taking into account the exercise by the Borrowers of such increase to the aggregate Revolving Credit Commitments under Section 4.13 of the Loan Agreement effective as of the Increased Amount Date, as follows: Wxxxx Fargo Bank, National Association $40,833,000.00; JPMorgan Chase Bank, N.A. $29,167,000.00.
Increase in Revolving Credit Commitment. All conditions to the increase of the aggregate Revolving Credit Commitments pursuant to Section 4.13 of the Loan Agreement (without duplication of the conditions precedent to the effectiveness of this Amendment) shall have been satisfied or waived in writing by the Administrative Agent.
