Common use of Increase in the Aggregate Commitments Clause in Contracts

Increase in the Aggregate Commitments. A. The Borrower may, at any time but in any event not more than twice in any calendar year prior to the Maturity Date (unless the Administrative Agent otherwise consents), by notice to the Administrative Agent, request that the aggregate amount of the Commitments be increased by (i) increasing the amount of the Commitment of any Lender which has agreed to such increase (any such Lender, an “Increasing Lender”) and/or (ii) adding one or more Eligible Assignees as parties hereto with Commitments in an amount agreed to by such respective Eligible Assignees; provided that (a) the aggregate amount of any such increase (for all Increasing Lenders and Eligible Assignees on any particular day) shall be $25,000,000 or a higher integral multiple of $5,000,000, (b) the amount of the Commitment of any Eligible Assignee that is not already a Lender shall be not less than $5,000,000, (c) any such increase shall be effective as of a date that is at least 90 days prior to the Maturity Date (the “Increase Date”) as specified in the related notice to the Administrative Agent; (d) in no event shall the aggregate amount of increases in the Commitments pursuant to this Section exceed $125,000,000 and (iv) on the date of any request by the Borrower for a Commitment Increase and on the related Increase Date, the conditions set forth in Section 3.3 shall be satisfied.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Hospira Inc), Credit Agreement and Guaranty (Hospira Inc)

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Increase in the Aggregate Commitments. A. (a) The Borrower Borrowers may, at any time but in any event not more than twice in any calendar year prior to the Maturity Date (unless the Administrative Agent otherwise consents), by written notice to the Administrative Agent, request that an increase in the aggregate amount of the Commitments be increased by (i) increasing the amount of the Commitment of any Lender which has agreed to such increase (any such Lender, an “Increasing Lender”) and/or (ii) adding one or more Eligible Assignees as parties hereto with Commitments in an amount agreed to by such respective Eligible Assignees; provided that (a) the aggregate amount of any such increase (for all Increasing Lenders and Eligible Assignees on any particular day) shall be $25,000,000 or a higher integral multiple of $5,000,000, (b) the amount of the Commitment of any Eligible Assignee that is not already a Lender shall be not less than $5,000,000the Increase Minimum in the aggregate (each such proposed increase, (ca “Commitment Increase”) any such increase shall to be effective as of a date that is at least 90 days prior to the scheduled Maturity Date then in effect (the “Increase Date”) as specified in the related notice to the Administrative Agent; provided, however, that (di) in no event shall the aggregate amount of increases in the Commitments pursuant (including the Equivalent thereof in Dollars with respect to this Section any Commitments denominated in currencies other than Dollars) on any Increase Date exceed $125,000,000 and 850,000,000, (ivii) on the date of any request by the Borrower Borrowers for a Commitment Increase and on the related Increase Date, the conditions set forth in Section 3.3 Sections 3.01(a)(i) and 3.02 shall be satisfiedsatisfied and (iii) the Borrowers’ notice to the Administrative Agent shall indicate the proposed allocation of each such Commitment Increase among the affected Commitments (each, an “Apportioned Commitment Increase”). Subject to the terms and conditions of this Section 2.15 and Section 3.02, each Commitment Increase shall be funded by the applicable Lenders to the applicable Borrowers as a single Borrowing.

Appears in 1 contract

Samples: Term Loan Agreement (Digital Realty Trust, L.P.)

Increase in the Aggregate Commitments. A. (a) The Borrower may, at any time but in any event not more than twice in any calendar year prior to the Maturity Date (unless the Administrative Agent otherwise consents)Termination Date, by notice to the Administrative Agent, request that the aggregate amount addition of a new facility pursuant to an increase in the Commitments be increased by (ieach, a "COMMITMENT INCREASE") increasing the amount of the Commitment of any Lender which has agreed equal to such increase $50,000,000 (any such Lender, or an “Increasing Lender”) and/or (ii) adding one or more Eligible Assignees as parties hereto with Commitments in an amount agreed to by such respective Eligible Assignees; provided that (a) the aggregate amount of any such increase (for all Increasing Lenders and Eligible Assignees on any particular day) shall be $25,000,000 or a higher integral multiple of $5,000,000, (b10,000,000 in excess thereof) the amount of the Commitment of any Eligible Assignee that is not already a Lender shall be not less than $5,000,000, (c) any such increase shall to be effective as of a date that is at least 90 days prior to the Maturity scheduled Termination Date then in effect (the “Increase Date”"INCREASE DATE") as specified in the related notice to the Administrative Agent; provided however that (di) in no event shall the aggregate amount of increases in all of the Commitments pursuant to this Section Commitment Increases exceed $125,000,000 and 100,000,000, (ivii) on the date of any request by the Borrower for a Commitment Increase and on the related Increase Date, the applicable conditions set forth in Section 3.3 3.02 and in clause (d) of this Section 2.17 shall be satisfied., (iii) the Borrower will only be able to make one request hereunder, (iv) the final maturity of the Advances and Commitments under any such new facility shall be no shorter than the final maturity of the Term A Facility, provided, however, that in the event the Term A Facility has been reduced to zero, then the final maturity of the Advances and Commitments under any such new facility shall be no shorter than the final maturity of the Term B

Appears in 1 contract

Samples: Credit Agreement (Amkor Technology Inc)

Increase in the Aggregate Commitments. A. (a) The Borrower Borrowers may, at any time but in any event not more than twice in any calendar year prior to the Maturity Date (unless the Administrative Agent otherwise consents), by written notice to the Administrative Agent, request that an increase in the aggregate amount of the Commitments be increased by (i) increasing the amount of the Commitment of any Lender which has agreed to such increase (any such Lender, an “Increasing Lender”) and/or (ii) adding one or more Eligible Assignees as parties hereto with Commitments in an amount agreed to by such respective Eligible Assignees; provided that (a) the aggregate amount of any such increase (for all Increasing Lenders and Eligible Assignees on any particular day) shall be $25,000,000 or a higher integral multiple of $5,000,000, (b) the amount of the Commitment of any Eligible Assignee that is not already a Lender shall be not less than $5,000,000the Increase Minimum in the aggregate (each such proposed increase, (ca “Commitment Increase”) any such increase shall to be effective as of a date that is at least 90 days prior to the applicable scheduled Maturity Date then in effect (the “Increase Date”) as specified in the related notice to the Administrative Agent; provided, however, that (di) in no event shall the aggregate amount of increases in the Commitments in respect of both Term Loans increased pursuant to this Section 2.15 plus the aggregate amount of Increased Revolving Credit Facility Commitments exceed $125,000,000 and 1,250,000,000 since the Closing Date (ivincluding the Equivalent thereof in Dollars with respect to any Commitments or Increased Revolving Credit Commitments denominated in currencies other than Dollars), (ii) on the date of any request by the Borrower Borrowers for a Commitment Increase and on the related Increase Date, the conditions set forth in Section 3.3 Sections 3.01(a)(i) and 3.02 shall be satisfiedsatisfied and (iii) the Borrowers’ notice to the Administrative Agent shall indicate the affected Tranche or Tranches and the proposed allocation of each such Commitment Increase among the affected Commitments (each, an “Apportioned Commitment Increase”).

Appears in 1 contract

Samples: Term Loan Agreement (Digital Realty Trust, L.P.)

Increase in the Aggregate Commitments. A. (a) The Borrower may, may at any time but in any event not prior to September 23, 2018, on no more than twice in any calendar year two occasions prior to the Maturity Date (unless the Administrative Agent otherwise consents)such date, by notice to the Administrative Agent, request that (i) the aggregate amount of the Commitments Revolving Loan Commitment be increased by (i) increasing the an amount of the $5,000,000 or integral multiples of $100,000 in excess thereof (each, a “Revolving Loan Commitment of any Lender which has agreed to such increase (any such Lender, an “Increasing LenderIncrease”) and/or and (ii) adding one or more Eligible Assignees as parties hereto with Commitments in an amount agreed to by such respective Eligible Assignees; provided that (a) the aggregate amount of any the LC Commitment be increased by an amount of $1,000,000 or integral multiples of $100,000 in excess thereof (each, a “LC Commitment Increase”), each such increase (for all Increasing Lenders and Eligible Assignees on any particular day) shall be $25,000,000 or a higher integral multiple of $5,000,000, (b) the amount of the Commitment of any Eligible Assignee that is not already a Lender shall be not less than $5,000,000, (c) any such increase shall to be effective as of a date that is at least 90 days prior to the Maturity Date (the “Increase Date”) on or before September 23, 2018 as specified in the related notice to the Administrative AgentAgent (each such date, a “Commitment Increase Date”); provided, however, that (dx) in no event shall the aggregate amount of increases in the Commitments pursuant to this Section Revolving Loan Commitment Increases exceed $125,000,000 290,000,000, (y) in no event shall the aggregate amount of the LC Commitment Increases exceed $13,000,000 and (ivz) on the date of any request by the Borrower for a Commitment Increase and on the related Commitment Increase Date, the conditions set forth in Section 3.3 9.04 shall be satisfied. The Borrower may simultaneously request one or more of the Lenders to increase the amount of its applicable Commitment and/or arrange for one or more banks or financial institutions not a party hereto to become parties to and Lenders under this Agreement, pursuant to the terms and conditions set forth below.

Appears in 1 contract

Samples: Credit Agreement (Sunrun Inc.)

Increase in the Aggregate Commitments. A. (a) The ------------------------------------- Borrower may, at any time but in any event not more than twice once in any calendar year prior to the Maturity Date (unless the Administrative Agent otherwise consents)Revolver Termination Date, by notice to the Administrative Agent, request that the aggregate amount of the Commitments be increased by (i) increasing the amount of the Commitment of any Lender which has agreed to such increase (any such Lender, $14,000,000 or an “Increasing Lender”) and/or (ii) adding one or more Eligible Assignees as parties hereto with Commitments in an amount agreed to by such respective Eligible Assignees; provided that (a) the aggregate amount of any such increase (for all Increasing Lenders and Eligible Assignees on any particular day) shall be $25,000,000 or a higher integral multiple of $5,000,000, 14,000,000 in excess thereof (beach a "COMMITMENT INCREASE") the amount of the Commitment of any Eligible Assignee that is not already a Lender shall be not less than $5,000,000, (c) any such increase shall to be effective as of a date that is at least 90 days prior to the Maturity scheduled Revolver Termination Date then in effect (the “Increase Date”"INCREASE DATE") as specified in the related notice to the Administrative Agent; provided, however, that (di) in no event shall the aggregate amount of increases in the Commitments pursuant to this Section at any time exceed $125,000,000 245,000,000, (ii) the Borrower shall concurrently request that the aggregate commitments of the lenders under the 364-Day Credit Agreement be ratably increased based on the respective aggregate Commitments of the Lenders hereunder and the aggregate commitments of the lenders under the 364-Day Credit Agreement, and such requested increase under the 364-Day Credit Agreement shall become effective on the applicable Increase Date, (iii) no Default or Event of Default shall have occurred and be continuing as of the date of such request and (iv) on all of the date of any request by the Borrower for a Commitment Increase and on the related Increase Date, the applicable conditions set forth in Section 3.3 Article III shall be satisfiedsatisfied as of the applicable Increase Date.

Appears in 1 contract

Samples: Credit Agreement (True North Communications Inc)

Increase in the Aggregate Commitments. A. (a) The Borrower Borrowers may, at any time but in any event not more than twice in any calendar year prior to the Maturity Date (unless the Administrative Agent otherwise consents), by written notice to the Administrative Agent, request that an increase in the aggregate amount of the Revolving Credit Commitments be increased by (i) increasing the amount of the Commitment of any Lender which has agreed to such increase (any such Lender, an “Increasing Lender”) and/or (ii) adding one or more Eligible Assignees as parties hereto with Commitments in an amount agreed to by such respective Eligible Assignees; provided that (a) the aggregate amount of any such increase (for all Increasing Lenders and Eligible Assignees on any particular day) shall be $25,000,000 or a higher integral multiple of $5,000,000, (b) the amount of the Commitment of any Eligible Assignee that is not already a Lender shall be not less than $5,000,000the Increase Minimum in the aggregate (each such proposed increase, (ca “Commitment Increase”) any such increase shall to be effective as of a date that is at least 90 days prior to the Maturity scheduled Termination Date then in effect (the “Increase Date”) as specified in the related notice to the Administrative Agent; provided, however, that (di) in no event shall the aggregate amount of increases in the Commitments pursuant (including the Equivalent thereof in Dollars with respect to this Section any Commitments denominated in currencies other than Dollars) on any Increase Date exceed $125,000,000 and 2,500,000,000, (ivii) on the date of any request by the Borrower Borrowers for a Commitment Increase and on the related Increase Date, the conditions set forth in Section 3.3 Sections 3.01(a)(i) and 3.02 shall be satisfiedsatisfied and (iii) the Borrowers’ notice to the Administrative Agent shall indicate the proposed allocation of each such Commitment Increase among the affected Revolving Credit Commitments (each, an “Apportioned Commitment Increase”).

Appears in 1 contract

Samples: Global Senior Credit Agreement (Digital Realty Trust, L.P.)

Increase in the Aggregate Commitments. A. (a) The Borrower Borrowers may, at any time but in any event not more than twice in any calendar year prior to the Maturity Date (unless the Administrative Agent otherwise consents), by written notice to the Administrative Agent, request that an increase in the aggregate amount of the Revolving Credit Commitments be increased by (i) increasing the amount of the Commitment of any Lender which has agreed to such increase (any such Lender, an “Increasing Lender”) and/or (ii) adding one or more Eligible Assignees as parties hereto with Commitments in an amount agreed to by such respective Eligible Assignees; provided that (a) the aggregate amount of any such increase (for all Increasing Lenders and Eligible Assignees on any particular day) shall be $25,000,000 or a higher integral multiple of $5,000,000, (b) the amount of the Commitment of any Eligible Assignee that is not already a Lender shall be not less than $5,000,000the Increase Minimum in the aggregate (each such proposed increase, (ca “Commitment Increase”) any such increase shall to be effective as of a date that is at least 90 days prior to the Maturity scheduled Termination Date then in effect (the “Increase Date”) as specified in the related notice to the Administrative Agent; provided, however, that (di) in no event shall the aggregate amount of increases in the Commitments pursuant (including the Equivalent thereof in Dollars with respect to this Section any Commitments denominated in currencies other than Dollars) on any Increase Date exceed $125,000,000 and 2,250,000,000, (ivii) on the date of any request by the Borrower Borrowers for a Commitment Increase and on the related Increase Date, the conditions set forth in Section 3.3 Sections 3.01(a)(i) and 3.02 shall be satisfiedsatisfied and (iii) the Borrowers’ notice to the Administrative Agent shall indicate the proposed allocation of each such Commitment Increase among the affected Revolving Credit Commitments (each, an “Apportioned Commitment Increase”).

Appears in 1 contract

Samples: Global Senior Credit Agreement (Digital Realty Trust, L.P.)

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Increase in the Aggregate Commitments. A. The Borrower may, at any time but in any event not more than twice in any calendar year prior to the Maturity Date (unless the Administrative Agent otherwise consents), by notice to the Administrative Agent, request that the aggregate amount of the Commitments be increased by (i) increasing the amount of the Commitment of any Lender which has agreed to such increase (any such Lender, an “Increasing Lender”) and/or (ii) adding one or more Eligible Assignees as parties hereto with Commitments in an amount agreed to by such respective Eligible Assignees; provided that (a) the aggregate amount of any such increase (for all Increasing Lenders and Eligible Assignees on any particular day) shall be $25,000,000 or a higher integral multiple of $5,000,000, (b) the amount of the Commitment of any Eligible Assignee that is not already a Lender shall be not less than $5,000,000, (c) any such increase shall be effective as of a date that is at least 90 days prior to the Maturity Date (the “Increase Date”) as specified in the related notice to the Administrative Agent; (d) in no event shall the aggregate amount of increases in the Commitments pursuant to this Section exceed $125,000,000 300,000,000 and (ive) on the date of any request by the Borrower for a Commitment Increase and on the related Increase Date, the conditions set forth in Section 3.3 shall be satisfied.

Appears in 1 contract

Samples: Assignment Agreement (Hospira Inc)

Increase in the Aggregate Commitments. A. (a) The Borrower Borrowers may, at any time but in any event not more than twice in any calendar year prior to the Maturity Date (unless the Administrative Agent otherwise consents), by written notice to the Administrative Agent, request that an increase in the aggregate amount of the Commitments be increased by (i) increasing the amount of the Commitment of any Lender which has agreed to such increase (any such Lender, an “Increasing Lender”) and/or (ii) adding one or more Eligible Assignees as parties hereto with Commitments in an amount agreed to by such respective Eligible Assignees; provided that (a) the aggregate amount of any such increase (for all Increasing Lenders and Eligible Assignees on any particular day) shall be $25,000,000 or a higher integral multiple of $5,000,000, (b) the amount of the Commitment of any Eligible Assignee that is not already a Lender shall be not less than $5,000,000the Increase Minimum in the aggregate (each such proposed increase, (ca “Commitment Increase”) any such increase shall to be effective as of a date that is at least 90 days prior to the applicable scheduled Maturity Date then in effect (the “Increase Date”) as specified in the related notice to the Administrative Agent; provided, however, that (di) in no event shall the aggregate amount of increases in the Commitments pursuant in respect of both Term Loans (including the Equivalent thereof in Dollars with respect to this Section any Commitments denominated in currencies other than Dollars) on any Increase Date exceed $125,000,000 and 1,800,000,000, (ivii) on the date of any request by the Borrower Borrowers for a Commitment Increase and on the related Increase Date, the conditions set forth in Section 3.3 Sections 3.01(a)(i) and 3.02 shall be satisfiedsatisfied and (iii) the Borrowers’ notice to the Administrative Agent shall indicate the affected Tranche or Tranches and the proposed allocation of each such Commitment Increase among the affected Commitments (each, an “Apportioned Commitment Increase”).

Appears in 1 contract

Samples: Term Loan Agreement (Digital Realty Trust, L.P.)

Increase in the Aggregate Commitments. A. (a) The Borrower Borrowers may, at any time but in any event not more than twice in any calendar year prior to the Maturity Date (unless the Administrative Agent otherwise consents), by written notice to the Administrative Agent, request that an increase in the aggregate amount of the Revolving Credit Commitments be increased by (i) increasing the amount of the Commitment of any Lender which has agreed to such increase (any such Lender, an “Increasing Lender”) and/or (ii) adding one or more Eligible Assignees as parties hereto with Commitments in an amount agreed to by such respective Eligible Assignees; provided that (a) the aggregate amount of any such increase (for all Increasing Lenders and Eligible Assignees on any particular day) shall be $25,000,000 or a higher integral multiple of $5,000,000, (b) the amount of the Commitment of any Eligible Assignee that is not already a Lender shall be not less than $5,000,000the Increase Minimum in the aggregate (each such proposed increase, (ca “Commitment Increase”) any such increase shall to be effective as of a date that is at least 90 days prior to the Maturity scheduled Termination Date then in effect (the “Increase Date”) as specified in the related notice to the Administrative Agent; provided, however, that (di) in no event shall the aggregate amount of increases in the Commitments increased pursuant to this Section 2.18 plus the aggregate amount of Increased Term Facility Commitments exceed $125,000,000 and 1,250,000,000 since the Closing Date (ivincluding the Equivalent thereof in Dollars with respect to any Commitments or Increased Term Facility Commitments denominated in currencies other than Dollars), (ii) on the date of any request by the Borrower Borrowers for a Commitment Increase and on the related Increase Date, the conditions set forth in Section 3.3 Sections 3.01(a)(i) and 3.02 shall be satisfiedsatisfied and (iii) the Borrowers’ notice to the Administrative Agent shall indicate the proposed allocation of each such Commitment Increase among the affected Revolving Credit Commitments (each, an “Apportioned Commitment Increase”).

Appears in 1 contract

Samples: Global Senior Credit Agreement (Digital Realty Trust, L.P.)

Increase in the Aggregate Commitments. A. (a) The Borrower may, at any time but in any event not more than twice in any calendar year prior to the Maturity Date (unless the Administrative Agent otherwise consents)time, by written notice to the Administrative Agent, request that an increase in the aggregate amount of the Revolving Credit Commitments be increased by (i) increasing the amount of the Commitment of any Lender which has agreed to such increase (any such Lender, an “Increasing Lender”) and/or (ii) adding one or more Eligible Assignees as parties hereto with Commitments in an amount agreed to by such respective Eligible Assignees; provided that (a) the aggregate amount of any such increase (for all Increasing Lenders and Eligible Assignees on any particular day) shall be $25,000,000 or a higher integral multiple of $5,000,000, (b) the amount of the Commitment of any Eligible Assignee that is not already a Lender shall be not less than $5,000,00010,000,000 nor more than $75,000,000 in the aggregate (each such proposed increase, (ca “Commitment Increase”) any such increase shall to be effective as of a date that is at least 90 days prior to within 24 months after the Maturity Closing Date (the “Increase Date”) as specified in the related notice to the Administrative Agent, which Commitment Increase may be allocated (1) to the then existing Revolving Credit Commitments, (2) as a new revolving tranche having the same terms as the then existing Revolving Credit Commitments, or (3) any combination thereof satisfactory to Administrative Agent and existing or additional Lenders providing such additional Revolving Credit Commitments; provided, however, that (di) in no event shall the aggregate amount of increases in the Commitments pursuant to this Section at any time exceed $125,000,000 300,000,000, (ii) in no event shall the Borrower submit more than two (2) separate requests for a Commitment Increase hereunder, and (iviii) on the date of any request by the Borrower for a Commitment Increase and on the related Increase Date, the applicable conditions set forth in Section 3.3 Article III shall be satisfied.

Appears in 1 contract

Samples: Credit Agreement (American Campus Communities Inc)

Increase in the Aggregate Commitments. A. (a) The Borrower may, at any time but in any event not more than twice once in any calendar year prior to the Maturity Date (unless the Administrative Agent otherwise consents)Revolver Termination Date, by notice to the Administrative Agent, request that the aggregate amount of the Commitments be increased by (i) increasing the amount of the Commitment of any Lender which has agreed to such increase (any such Lender, $6,000,000 or an “Increasing Lender”) and/or (ii) adding one or more Eligible Assignees as parties hereto with Commitments in an amount agreed to by such respective Eligible Assignees; provided that (a) the aggregate amount of any such increase (for all Increasing Lenders and Eligible Assignees on any particular day) shall be $25,000,000 or a higher integral multiple of $5,000,000, 6,000,000 in excess thereof (beach a "Commitment Increase") the amount of the Commitment of any Eligible Assignee that is not already a Lender shall be not less than $5,000,000, (c) any such increase shall to be effective as of a date that is at least 90 days prior to the Maturity scheduled Revolver Termination Date then in effect (the "Increase Date") as specified in the related notice to the Administrative Agent; provided, however, that (di) in no event shall the aggregate amount of increases in the Commitments pursuant to this Section at any time exceed $125,000,000 105,000,000, (ii) the Borrower shall concurrently request that the aggregate commitments of the lenders under the Five-Year Credit Agreement be ratably increased based on the respective aggregate Commitments of the Lenders hereunder and the aggregate commitments of the lenders under the Five-Year Credit Agreement, and such requested increase under the Five-Year Credit Agreement shall become effective on the applicable Increase Date, (iii) no Default or Event of Default shall have occurred and be continuing as of the date of such request and (iv) on all of the date of any request by the Borrower for a Commitment Increase and on the related Increase Date, the applicable conditions set forth in Section 3.3 Article III shall be satisfiedsatisfied as of the applicable Increase Date.

Appears in 1 contract

Samples: Credit Agreement (True North Communications Inc)

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