Increase of Aggregate Commitment. Subject to Section 2.5 and the other terms and conditions of this Agreement, at any time prior to the Facility Termination Date, the Borrower may, on the terms set forth below, request that (a) the Aggregate Commitment hereunder be increased by an amount up to $200,000,000 and/or (b) term loans be issued hereunder (such term loans being “Term Loans”) on terms and conditions (including, without limitation, pricing, amortization, prepayment and related interest rate hedging) reasonably acceptable to the Agent in an aggregate principal amount up to $200,000,000; provided, however, that (i) no such increase shall cause the Aggregate Commitment plus all Term Loans to exceed (x) $625,000,000 minus (y) any reduction in the Commitments under Section 2.5.2 and all theretofore scheduled principal payments or prepayments in respect of any Term Loans, (ii) an increase in the Aggregate Commitment or issuance of Term Loans hereunder may only be made at a time when no Default or Unmatured Default shall have occurred and be continuing or would result therefrom and (iii) no Lender’s Commitment shall be increased, nor shall any Lender have any commitment to make any Term Loan, under this Section 2.21 without its consent. In the event of such a requested increase in the Aggregate Commitment or issuance of Term Loans, any financial institution selected by the Borrower and the Arranger, and reasonably acceptable to the Agent, may become a Lender or increase its Commitment or issue such Term Loans and may set the amount of its Commitment or Term Loan, as applicable, at a level agreed to by the Borrower and the Agent. In the event that the Borrower and one or more of the Lenders (or other financial institutions) shall agree upon such an increase in the Aggregate Commitment and/or issuance of Term Loans (i) the Borrower, the Agent and each Lender or other financial institution increasing its Commitment or extending a new Commitment or Term Loan shall enter into an amendment to this Agreement setting forth the amounts of the Commitments and Term Loans, as applicable, as so increased, providing that the financial institutions extending new Commitments or Term Loans shall be Lenders for all purposes under this Agreement, and setting forth such additional provisions as the Agent shall consider reasonably appropriate and (ii) the Borrower shall furnish, if requested, a new Note to each financial institution that is extending a new Commitment or Term Loan or increasing its Commitment. ...
Increase of Aggregate Commitment. At any time the Borrower may, on the terms set forth below, request that the Aggregate Commitment hereunder be increased; provided, that (i) the Aggregate Commitment hereunder at no time shall exceed $550,000,000, (ii) the Combined Commitment at no time shall exceed $1,100,000,000, (iii) each such request shall be in a minimum amount of at least $10,000,000 and in increments of $5,000,000 in excess thereof, (iv) an increase in the Aggregate Commitment hereunder may only be made at a time when no Default or Unmatured Default shall have occurred and be continuing, (v) each Lender shall be offered a pro rata share of any requested increase prior to the Borrower, the Administrative Agent and the Syndication Agents inviting any additional financial institutions to become a Lender hereunder, and (vi) no Lender's Commitment shall be increased under this Section 2.11
Increase of Aggregate Commitment. At any time subsequent to the Closing Date and prior to the Termination Date, the Borrower shall have the right to request, in consultation with the Lender, and effectuate increases in the Aggregate Commitment (each such increase, an “Incremental Loan”); provided that (A) each such Incremental Loan shall be in a minimum principal amount of $5,000,000 and in increments of $500,000 if greater than $5,000,000, (B) in no event shall the aggregate amount of all such Incremental Loans result in the Aggregate Commitment exceeding $100,000,000, (C) as of the date of such proposed Incremental Loan, no Default or Unmatured Default shall have occurred and be continuing or would result from the proposed Incremental Loan, (D) the Borrower shall have obtained all necessary corporate authorizations and governmental approvals in order to effect such Incremental Loan, and (E) the Lender shall have received a commitment fee equal to 0.05% of each Incremental Loan. Notwithstanding the foregoing, the Lender shall not be obligated to commit to any Incremental Loan.
Increase of Aggregate Commitment. (i) Upon notice to the Administrative Agent (who shall promptly notify the Lenders), the Borrowers may, from time to time, request increases in the Aggregate Commitment in an aggregate amount of up to $100,000,000; provided that any such increase shall not increase the maximum amount of Loans available to the Canadian Borrowers or the U.K. Borrowers and shall be in a minimum amount of $10,000,000 and integral multiples of $5,000,000 in excess thereof. At the time of sending such notice, the Borrowers (in consultation with the Administrative Agent) shall specify the time period (not less than 10 days) within which each Lender is requested to respond to such request. Each Lender shall respond within such time period to the Administrative Agent whether or not it agrees to increase its Commitment and, if so, whether by an amount equal to or less than its Pro Rata Share of such requested increase. Any Lender not responding within such time period shall be deemed to have declined to increase its Commitment. The Administrative Agent shall notify the Borrowers and each Lender of the Lenders’ responses to each request made hereunder. To achieve the full amount of a requested increase, the Borrowers may also (i) request that one or more other Lenders, in their sole and absolute discretion, nonratably increase their Commitment, and/or (ii) invite additional lending institutions which otherwise qualify as assignees under Section 12.1 to become Lenders under the terms of this Agreement. In connection with the foregoing, each of the Lenders agrees to execute and deliver such amendments or other agreements as are reasonably required to give effect to the adjustment of such Lender’s Commitment or of the Aggregate Commitment. Any new Purchaser added as a Lender pursuant to the preceding sentence shall be required to have a Commitment of not less than $5,000,000. In connection with each increase in any Lender’s Commitment pursuant to this Section 2.1(b) and each addition of a new Lender, the Borrowers shall pay to the Administrative Agent, for its own account, a fee of $3,500 for processing such increase and addition.
(ii) If any requested increase in the Commitments is agreed to in accordance with clause (i) preceding, the Administrative Agent and the Borrowers shall determine the effective date of such increase (the “Increase Effective Date”). The Administrative Agent, with the consent and approval of the Borrowers, shall promptly confirm in writing to the Lenders the fin...
Increase of Aggregate Commitment. Pursuant to Section 2.02 of the Credit Agreement and upon the effectiveness of this Amendment pursuant to Section 3 below, the Aggregate Commitment is hereby increased from $750,000,000.00 to $1,000,000,000.00. The Commitment of each Lender (including the Lenders who have severally agreed to increase their respective Commitments (each, an “Increasing Lender” and collectively, the “Increasing Lenders”)) is set forth on Schedule 2.01 to the Credit Agreement attached hereto, in each case after giving effect to this Amendment and the increase of the Aggregate Commitment pursuant to this Amendment. The Maturity Date of the respective Commitments of each Lender shall be the “Maturity Date”, as defined in the Credit Agreement after giving effect to this Amendment. For the avoidance of doubt, the amendment of the definition of “Maturity Date” pursuant to this Amendment does not constitute an extension pursuant to Section 2.22 of the Credit Agreement. The requirements of Section 2.02(b) of the Credit Agreement with respect to notices and timing are hereby waived by all parties hereto with respect to the increase described in this Section 2.
Increase of Aggregate Commitment. Effective as of the Amendment Effective Date, the Aggregate Commitment is hereby increased from $415,000,000 to $500,000,000. Upon the effectiveness of this Amendment pursuant to Section 8 below, each Lender’s Commitment shall be the Commitment set forth on Schedule 2.01 attached hereto. The Unused Commitment Fees provided for in Section 2.12(a) of the Credit Agreement shall hereafter be computed on the basis of the Commitments as so increased. For the avoidance of doubt, the increase in the Aggregate Commitment pursuant to this Section 4 is not being made pursuant to Section 2.03 of the Credit Agreement.
Increase of Aggregate Commitment. (a) Pursuant to Section 2.1(b) of the Credit Agreement, the U.S. Borrower hereby confirms its request to increase the Aggregate Commitment by an amount equal to $20,000,000 (the “Requested Increase”) and each Lender hereby waives any further notice of the Requested Increase.
(b) Subject to the terms and conditions of the Credit Agreement and this Amendment, each Lender (other than the Lenders that declined to increase their respective Commitment) agrees that its Commitment shall be increased as of March 19, 2007 to the amount set forth opposite its name on Schedule 1 hereto.
(c) For the avoidance of doubt, each U.K. Guarantor confirms that its guarantees and indemnities contained in the U.K. Debenture shall continue in full force and effect and shall extend to cover all amounts owing from time to time by the U.K. Obligated Parties to the Lenders or to any Lender, any Agent, the U.K. Security Trustee or any indemnified party, pursuant to the Credit Agreement as amended by this Amendment.
Increase of Aggregate Commitment. At any time the Company may, on the terms set forth below, request that the Aggregate Commitment hereunder be increased to an amount not to exceed $150,000,000; provided, however, that (i) an increase in the Aggregate Commitment hereunder may only be made at a time when no Default or Unmatured Default shall have occurred and be continuing, (ii) each Lender shall be offered a pro rata share of any requested increase prior to the Company and the Administrative Agent inviting any additional financial institutions to become a Lender hereunder, and (iii) no Lender's Commitment shall be increased under this Section 2.
Increase of Aggregate Commitment. At any time prior to the second (2nd) anniversary of the Closing Date, the Company shall have the one-time right to increase the Aggregate Commitment upon not less than thirty (30) days prior written notice to the Administrative Agent; provided that (a) in no event shall the Aggregate Commitment be increased by an amount greater than $50,000,000, (b) no Default or Event of Default shall have occurred and be continuing either prior to or after giving effect to such increase in the Aggregate Commitment and (c) the Required Lenders shall consent to such increase in the Aggregate Commitment; provided further that:
(a) Any increase in the Aggregate Commitment which is accomplished by increasing the Commitment of any Lender or Lenders who are at the time of such increase party to this Agreement (which Lender or Lenders may consent to such increase in their
Increase of Aggregate Commitment. Pursuant to Section 2.15 of the Credit Agreement and upon the effectiveness of this Agreement pursuant to Section 3 below, the Aggregate Commitments are hereby increased from $1,000,000,000.00 to $1,500,000,000.00. The Commitment of each Lender (including the Lenders who have severally agreed to increase their respective Commitments (each, an “Increasing Lender” and collectively, the “Increasing Lenders”)) is set forth on Schedule 2.01 to the Credit Agreement attached hereto, in each case after giving effect to this Agreement and the increase of the Aggregate Commitment pursuant to this Agreement. The Maturity Date of the respective Commitments of each Lender shall be the “Maturity Date”, as defined in the Credit Agreement after giving effect to this Agreement. After giving effect to this Agreement, Section 2.15 of the Credit Agreement is deemed to be modified to permit the Borrower to request an increase in the Aggregate commitments four additional times in an aggregate amount not to exceed an additional $500,000,000 during the remaining term of the Credit Agreement and otherwise in accordance with the terms of Section 2.15. If any Increasing Lender that requests a Note to reflect its increased Commitment is in possession of a Note in the amount of its Commitment before giving effect to this Agreement (each an “Existing Note”), such Increasing Lender shall, promptly after receipt of its new Note, xxxx such Existing Note “cancelled” and return such Existing Note to the Borrower.
