Increase in Total Commitment Sample Clauses
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Increase in Total Commitment. (a) The Company may from time to time, by written notice to the Administrative Agent (which shall deliver a copy thereof to each Lender), request that the Total Commitment be increased by an amount not to exceed the Incremental Facility Amount at such time. Such notice shall set forth the amount of the requested increase in the Total Commitment (which shall be an integral multiple of $10,000,000) and the date on which such increase is requested to become effective (which shall not be less than 10 Business Days or more than 60 days after the date of such notice), and shall offer to each Lender the opportunity to increase its Commitment by its Pro Rata Percentage of the proposed increased amount. Each Lender shall, by notice to the Company and the Administrative Agent given not more than 10 days after the date on which the Administrative Agent shall have delivered the Company’s notice, either agree to increase its Commitment by all or a portion of the offered amount (each Lender so agreeing being an “Increasing Lender”) or decline to increase its Commitment (and any Lender that does not deliver such notice within such period of 10 days shall be deemed to have declined to increase its Commitment) (each Lender so declining or being deemed to have declined being a “Non-Increasing Lender”). In the event that, on the 10th day after the Administrative Agent shall have delivered the Company’s notice, the Lenders shall have agreed pursuant to the preceding sentence to increase their Commitments by an aggregate amount less than the increase in the Total Commitment requested by the Company, the Company may arrange for one or more banks or other financial institutions (any such bank or other financial institution referred to in this clause (a) being called an “Augmenting Lender”), which may include any Lender, to extend Commitments or increase their existing Commitments in an aggregate amount equal to the unsubscribed amount; provided that each Augmenting Lender, if not already a Lender hereunder, shall be subject to the approval of the Administrative Agent and the Company and each Augmenting Lender shall execute all such documentation as the Administrative Agent shall specify to evidence its Commitment and/or its status as a Lender hereunder. Any increase in the Total Commitment may be made in an amount which is less than the increase requested by the Company if the Company is unable to arrange for, or chooses not to arrange for, Augmenting Lenders.
Increase in Total Commitment. The Borrower may, at any time and from time to time, increase the Total Commitment (the "Additional Commitments") by adding additional Persons as Lenders hereunder or by increasing the Commitments of existing Lenders with (in the latter case) the consent of such Lenders (in their sole discretion), or any combination thereof. The right to increase the Total Commitment by Additional Commitments shall be conditional upon compliance with the following conditions:
(a) no Default or Event of Default shall have occurred and be continuing and the Borrower shall have delivered to the Agent (i) an officer's certificate confirming the absence of any Default or Event of Default and also confirming (A) its corporate authorization to make such increase (and attaching a copy thereof), (B) the truth and accuracy of its representations and warranties in Section 7.1 and (C) that no consent, approvals or authorizations are required for such increase (except as have been unconditionally obtained and are in full force and effect, unamended), each as at the effective date of such increase and (ii) a satisfactory legal opinion from Borrower's Counsel confirming items (A) and (C) above and the enforceability of the documentation giving effect to such increase;
(b) after giving effect to any such increase, the Senior Secured Obligations shall not exceed the Senior Secured Obligations Limit;
(c) if such Person being added as a Lender is not an existing Lender, the Agent, the LC Issuer and the Swing Line Lender shall have consented to any Person becoming a Lender, such consent not to be unreasonably withheld;
(d) the Borrower and the existing Lenders or the Person being added, as the case may be, shall execute and deliver such documentation as may be required by the Agent, acting reasonably, to effect the increase in question (including the partial assignment of Loan Indebtedness or purchase of Commitments from the Lenders to the extent necessary to ensure that, after giving effect to such increase, each Lender holds its Pro Rata Share of the outstanding Loan Indebtedness) and, if applicable, to novate such new Person as a Lender under the Loan Documents; and
(e) the Agent will prepare and distribute to the Borrower and the Lenders a revised Schedule A which reflects the Additional Commitments.
Increase in Total Commitment. (a) Provided that no Default or Event of Default has occurred and is continuing, subject to the terms and conditions set forth in this §2.11, Borrower shall have the option at any time and from time to time before the date which is ninety (90) days prior to the Revolving Credit Maturity Date, the Term Loan A Maturity Date or the Term Loan B Maturity Date, as applicable, to request by delivery of written notice to Agent an increase in the Total Revolving Credit Commitment and/or the Total Term Loan A Commitment and/or the Total Term Loan B Commitment, by an aggregate amount of increases to the Total Revolving Credit Commitment, Total Term Loan A Commitment and the Total Term Loan B Commitment of up to $300,000,000 (which, assuming no previous reduction in the Revolving Credit Commitments, Term Loan A Commitments or the Term Loan B Commitments, would result in a maximum Total Commitment of $1,850,000,000) (an “Increase Notice”; and the amount of such requested increase is the “Commitment Increase”). The Commitment Increase shall be set forth in the Increase Notice, and must be in a minimum amount of $25,000,000.00 and increments of $5,000,000.00 in excess thereof unless otherwise approved by Agent. The execution and delivery of the Increase Notice by Borrower shall constitute a representation and warranty by Borrower that all the conditions set forth in this §2.11 shall have been satisfied on the date of such Increase Notice. The Commitment Increase may be allocated, at Borrower’s option, to the then existing Revolving Credit Commitments, or to the then existing Term Loan A Commitments or Term Loan B Commitments, or any combination thereof (provided that no Commitment Increase may be allocated to any portion of the Total Commitment as to which the applicable maturity date (i.e., the Revolving Credit Maturity Date, the Term Loan A Maturity Date or the Term Loan B Maturity Date) has occurred).
(b) Upon receipt of any Increase Notice, the Agent shall consult with Arrangers and shall notify Borrower of the amount of facility fees to be paid to any Lenders who provide an additional Revolving Credit Commitment, Term Loan A Commitment and/or Term Loan B Commitment, as applicable, in connection with such increase in the Total Revolving Credit Commitment, the Total Term Loan A Commitment or Total Term Loan B Commitment, as applicable (which shall be in addition to the fees to be paid to Agent or Arrangers pursuant to the Agreement Regarding Fees). If Borrower agrees ...
Increase in Total Commitment. (a) The Borrowers, the Agent and any Lender or any other Person qualifying as an Eligible Assignee but for the absence of an assignment, or any combination of such Lenders and such Persons (collectively, “New Lenders”), may (in their sole discretion) enter into one or more amendment agreements substantially in the form of Exhibit G attached hereto and incorporated herein by reference without further approval of the Lenders (or any other New Lender) pursuant to which each New Lender agrees to incur or increase, as the case may be, its Commitment so as to make available to the Borrowers, subject to all conditions herein set forth, Loans in the maximum aggregate Euro Equivalent Amount (for all New Lenders) of up to €50,000,000 thereby increasing the Total Commitment to up to the Euro Equivalent Amount of €300,000,000; provided that
(i) each such increase shall be in an amount at least equal to €10,000,000 or an integral multiple of €5,000,000 in excess thereof;
(ii) the Borrowers shall execute and deliver to the Agent (A) board resolutions of each Borrower certified by its secretary or assistant secretary approving and adopting such Commitment increase and authorizing the execution and delivery of the instruments relating thereto, and (B) the legal opinions of the General Counsel of the Guarantor and special counsel to the Borrowers as to the due authorization, execution and delivery of such instruments, the enforceability thereof and no conflict thereof with the Organizational Documents, by-laws and material agreements of the Guarantor and the Borrowers or with any applicable laws, rules or regulations, all in form and substance substantially similar to such opinions delivered on the Closing Date in satisfaction of Section 5.1(a)(ii); and
(iii) no Default or Event of Default then exists or would arise as a result of any such increase.
(b) Upon the execution, delivery and acceptance of the documents required by this Section 2.3, each New Lender shall have all of the rights and obligations of a Lender under this Agreement. The Agent shall provide the Lenders with notice of the revised Total Commitment and the revised Applicable Commitment Percentages of the Lenders, including the New Lenders.
(c) Upon the effectiveness of an increase provided for in this Section 2.3, if any Loans are outstanding, the Borrowers shall at their option do one of the following:
(i) prepay to certain Lenders such amount of such Loans as may be then outstanding and borrow from certai...
Increase in Total Commitment. BankBoston hereby increases its Commitment to the amount shown on the revised Schedule 1.2 attached hereto. The Borrower shall execute and deliver to BankBoston a Note (the "Additional Note") in an amount equal to the difference between BankBoston's Commitment as shown on said revised Schedule 1.2 and the Note dated November 17, 1997 delivered to BankBoston at the time it became a party to the Credit Agreement. The second sentence of Section 2.3 is amended to read as follows: "One or more Notes shall be payable to the order of each Lender and the aggregate principal amount of the Notes held by each Lender shall be equal to such Lender's Commitment."
Increase in Total Commitment. In line 5 of Section 2.2 of the Credit Agreement, the amount "$130,000,000" is hereby deleted and the amount "$100,000,000" is substituted in place thereof.
Increase in Total Commitment. Provided that no Default or Event of Default has occurred and is continuing, subject to the terms and conditions set forth in this §2.11, Borrower shall have the option at any time and from time to time before the date which is ninety (90) days prior to the Revolving Credit Maturity Date or the Term Loan Maturity Date to request by delivery of written notice to Agent an increase in the Total Revolving Credit Commitment and/or the Total Term Loan Commitment, by an aggregate amount of increases to the Total Revolving Credit Commitment and the Total Term Loan Commitment of up to $300,000,000 (which, assuming no previous reduction in the Revolving Credit Commitments or the Term Loan Commitments, would result in a maximum Total Commitment of $900,000,000) (an “Increase Notice”; and the amount of such requested increase is the “Commitment Increase”). The Commitment Increase shall be set forth in the Increase Notice, and must be in a minimum amount of $25,000,000.00 and increments of $5,000,000.00 in excess thereof unless otherwise approved by Agent. The execution and delivery of the Increase Notice by Borrower shall constitute a representation and warranty by Borrower that all the conditions set forth in this §2.11 shall have been satisfied on the date of such Increase Notice. The Commitment Increase may be allocated, at Borrower’s option, to the then existing Revolving Credit Commitments, or to the then existing Term Loan Commitments, or any combination thereof.
Increase in Total Commitment. (a) At the request of the Borrowers, the Total Commitment may be increased in the sole discretion of the Lenders; provided that, without the prior written consent of the Required Lenders, the Total Commitment shall at no time exceed $200,000,000 minus the aggregate amount of all reductions in the Total Commitment under this Credit Agreement previously made pursuant to ss.2.3 or ss.
Increase in Total Commitment. As provided in Section 2.2 of the Credit Agreement, effective upon the Commitment Increase Date (which date shall be set forth in a notice from the Agent to the Lenders and the Borrower) each of the Additional Commitments described in the recitals to this Amendment shall become effective and the Total Commitment shall be increased to $400,000,000. From and after the Commitment Increase Date each Lender's Commitment and Commitment Percentage shall be as set forth on revised Schedule 1.2 attached hereto. Each Lender (including New Lender) acknowledges that upon the Commitment Increase Date it will have an interest equal to its revised Commitment Percentage of the currently outstanding Letters of Credit listed on the revised Schedule 1.4 attached hereto and that Borrower shall not be obligated to pay any additional Letter of Credit Fees to any Lender which is providing an Additional Commitment or to New Lender with respect thereto for the period through the current expiration date of each such Letter of Credit.
Increase in Total Commitment. A new Section 2.21 is hereby added to the Credit Agreement to read as follows: