Increase in Total Revolving Commitment; Additional Term Loans Clause Samples

Increase in Total Revolving Commitment; Additional Term Loans. (a) Provided that no Default or Event of Default has occurred and is continuing, subject to the terms and conditions set forth in this §2.12, the Borrower shall have the option to request increases in the Total Revolving Commitment or Total Term Commitment or both, at any time and from time to time before at least three (3) months prior to the Revolving Credit Maturity Date or the latest Term Loan Maturity Date, as applicable, to a Total Commitment not more than $1,000,000,000 (after giving effect to each such increase), which increase shall be allocated at the Borrower’s request to the Revolving Credit Commitments or one or more tranches of term loan commitments (each, an “Additional Term Commitment”) by giving written notice to the Agent (an “Increase Notice”; and the amount of each such requested increase, a “Commitment Increase”), provided that any such individual increase must be in a minimum amount of $10,000,000. Upon receipt of any Increase Notice, the Agent shall consult with Arrangers and within ten (10) days shall notify the Borrower of the amount of facility fees to be paid to any Lenders who provide an additional Revolving Credit Commitment or an Additional Term Commitment in connection with such increase (which shall be in addition to the fees to be paid to Agent or Arrangers pursuant to the Agreement Regarding Fees). If the Borrower agrees to pay the facility fees so determined, then the Agent promptly shall send a notice to all Lenders (the “Additional Commitment Request Notice”) informing them of the Borrower’s request to increase the Total Commitment and of the facility fees to be paid with respect thereto. Each Lender who desires to provide an additional Revolving Credit Commitment or an Additional Term Commitment, in each case, upon such terms described in the Additional Commitment Request Notice, shall provide Agent with a written commitment letter specifying the amount of the additional Revolving Credit Commitment and/or Additional Term Commitment, as applicable, by which it is willing to provide prior to such deadline as may be specified in the Additional Commitment Request Notice not to exceed ten (10) days. If the requested increase is oversubscribed then the Agent and the Arrangers shall allocate the Commitment Increase among the Lenders, who provide such commitment letters on such basis mutually acceptable to each of the Borrower, Agent and Arrangers. If the additional Revolving Credit Commitments and/or Additional Term Commitmen...