Increase of Credit Facility Sample Clauses

Increase of Credit Facility. (a) At any time, prior to the Maturity Date, the Borrower may, by notice in writing to the Agent (an “Accordion Notice”), from time to time request that the then existing amount of the Credit Facility be increased by an amount of up to $500,000,000 (in the aggregate for all Accordion Notices with respect to the Credit Facility) and advising whether (i) the Borrower wishes to arrange for such requested increase to be provided by another bank listed in Schedule I or Schedule II of the Bank Act (Canada), which bank must agree to be bound by the terms and conditions of the Credit Agreement as a Lender, or (ii) the Borrower wishes to request each Lender to participate in such increase in accordance with their Pro Rata Share. Within ten Business Days of the receipt by the Agent of an Accordion Notice requesting participation by the Lenders, each Lender shall advise the Agent as to whether or not it intends to participate in such increase of the Credit Facility. If such advice is not received from a Lender within such ten Business Day period, then such Lender will be deemed not to have agreed to participate in the increase. In the event that not all of the Lenders agree to participate in the increase of the Credit Facility, then the Agent shall so advise the Borrower which shall have the right to deliver a further request to the Agent for those Lenders participating in the increase of the relevant Credit Facility, to participate in any shortfall in the requested increase in the Credit Facility on a pro rata basis in accordance with the Individual Commitments of those participating Lenders and each participating Lender shall advise the Agent as to whether or not it intends to further participate in such increase of the Credit Facility, within three Business Days of such further request. In the event that there is still a shortfall, a further request again on a mutatis mutandis basis will be given to the remaining participating Lenders and such request may be accepted or rejected by the remaining participating Lenders and each participating Lender shall advise the Agent as to whether or not it intends to further participate in such increase of the Credit Facility, within three Business Days of such further request. To the extent that the participating Lenders do not agree to participate in the request for the increase in the Credit Facility, then the Borrower may either arrange for such shortfall in the requested increase from another bank listed in Schedule I or S...
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Increase of Credit Facility. Section 2.01 of the Credit Agreement is hereby amended to delete the amount “U.S.$650,000,000” on third line thereof and to substitute therefor “U.S.$750,000,000”; for certainty, the parties hereto confirm and agree that the amount of the Credit Facility shall be and is hereby increased from U.S.$650,000,000 to U.S.$750,000,000.
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Increase of Credit Facility. The Companies and the Administrative Agent and Documentation Agent, without the consent of any other Lenders, may increase the Credit Facility one or more times, up to the aggregate amount of $400,000,000, by either or both of the following methods: (i) one or more existing Lenders voluntarily increases its Line of Credit Commitment and/or (ii) one or more additional lenders approved by the Companies issue Line of Credit Commitments and become parties to and Lenders under this Agreement; provided, that each of the Lenders shall have the first right to increase its Commitment in an amount equal to its Pro Rata Share of the total increase in the Commitments; and provided further, that any new Lender shall meet the qualifications applicable for an Eligible Assignee; and provided further, that any Lender organized under a jurisdiction other than the United States has provided the Administrative Agent and the Company with the tax forms prescribed in Section 11.6 hereof (and provided further that such foreign Lender shall not transfer its interests, rights or obligations under this Agreement to any Affiliate of such foreign Lender unless such Affiliate provides the Administrative Agent and the Company with the aforesaid tax forms. In the event of either or both (i) and (ii) above, the Documentation Agent shall amend and restate Exhibit B hereto to reflect the revised Line of Credit Commitments of increasing or new Lenders and the adjusted Pro Rata Shares of all Lenders; the Documentation Agent shall promptly distribute the revised Exhibit B to the Company and to all Lenders. The Line of Credit Commitment of a Lender may not be increased without the consent of that Lender. Any additional Lenders shall become a party to this Agreement by delivering to the Administrative Agent an executed signature page of this Agreement. The Company and its Domestic Subsidiaries shall execute and deliver new Line of Credit Notes to existing Lenders for the increased amount of their Line of Credit Commitments and shall deliver new Line of Credit Notes to new Lenders for the amount of their Line of Credit Commitments.
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Increase of Credit Facility. The definition of “Credit Facility” contained in Section 1.1(1) of the Credit Agreement is hereby amended to delete “Cdn.$10,000,000” on the first line thereof and to substitute therefor “Cdn.$50,000,000”. The parties hereto hereby confirm and agree that the Credit Facility is hereby increased from Cdn.$10,000,000 to Cdn.$50,000,000. For certainty, the parties hereby confirm and agree that the Commitment of The Toronto-Dominion Bank shall be Cdn.$50,000,000 and Schedule A to the Credit Agreement is hereby amended to the extent necessary to give effect to and reflect the same.
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Increase of Credit Facility. Section 2.6 of the Credit Agreement is hereby amended by (x) deleting “and” at the end of paragraph (d), (y) deleting “.” at the end of paragraph (e) and replacing it with “; and” and (z) adding the following new paragraph (f) after the existing paragraph (e):
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Increase of Credit Facility. The Borrower may, at any time and from time to time, upon at least 30 days prior written notice to the Lender, request the Lender to increase its Commitment (the “Additional Commitment”) available under the Credit Facility by an additional amount up to Cdn. $30,000,000 . The right to increase the maximum principal amount of the Credit Facility by Additional Commitments shall be subject to the following conditions:
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Increase of Credit Facility. Section 2.6 of the Credit Agreement is hereby amended by deleting reference to “$200,000,000” in paragraph (a) thereof and replacing it with “$500,000,000”.
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Increase of Credit Facility. The Obligors, the Lenders, and the Administrative Agent hereby acknowledge and agree that the Credit Facility shall be increased to the amount of $23,964,250. Any and all references to the amount of the Credit Facility in the Credit Agreement (including, without limitation, Section 2.1 thereof and Schedule A thereto) shall be amended to delete reference to “$22,972,050” and replaced with “$23,964,250”.
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Increase of Credit Facility 
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Related to Increase of Credit Facility

  • Credit Facility This Warrant to Purchase Stock (“Warrant”) is issued in connection with that certain Mezzanine Loan and Security Agreement of even date herewith between Silicon Valley Bank and the Company (as amended and/or modified and in effect from time to time, the “Loan Agreement”). THIS WARRANT CERTIFIES THAT, for good and valuable consideration, SILICON VALLEY BANK (together with any successor or permitted assignee or transferee of this Warrant or of any shares issued upon exercise hereof, “Holder”) is entitled to purchase up to such number of fully paid and non-assessable shares of the above-stated Type/Series of Stock (the “Class”) of the above-named company (the “Company”) as determined pursuant to Paragraph A below, at the above-stated Warrant Price, all as set forth above and as adjusted pursuant to Section 2 of this Warrant, subject to the provisions and upon the terms and conditions set forth in this Warrant. Reference is made to Section 5.4 of this Warrant whereby Silicon Valley Bank shall transfer this Warrant to its parent company, SVB Financial Group.

  • Termination of Credit Facility The Credit Facility shall terminate on the earliest of (a) the third anniversary of the Closing Date (the "Maturity Date"), (b) the date of termination by the Borrower pursuant to Section 2.5(a) and (c) the date of termination by the Administrative Agent on behalf of the Lenders pursuant to Section 10.2(a).

  • Revolving Credit Facility (i) Subject to the terms and conditions hereof, each Lender severally agrees to make available to Borrowers from time to time until the Commitment Termination Date its Pro Rata Share of advances (each, a “Revolving Credit Advance”). The Pro Rata Share of the Loans of any Lender shall not at any time exceed its separate Commitment. The obligations of each Lender hereunder shall be several and not joint. Until the Commitment Termination Date, Borrowers may borrow, repay and reborrow under this Section 2.1(a); provided, that (x) the amount of any Revolving Credit Advances to be made at any time shall not exceed Availability at such time, (y) the amount of any Revolving Credit Advances to be made to the U.S. Borrowers at any time shall not exceed the U.S. Availability at such time and (z) the amount of any Revolving Credit Advances to be made to the Canadian Borrowers at any time shall not exceed the Canadian Availability at such time. Each Revolving Credit Advance shall be made on notice by Borrower Representative to one of the representatives of Agent identified in Schedule (2.1) at the address specified therein. Any such notice must be given no later than (1) 12 noon (New York, New York time) on the date of the proposed Revolving Credit Advance, in the case of a Base Rate Loan, or (2) 12 noon (New York, New York time) on the date which is three (3) Business Days’ prior to the proposed Revolving Credit Advance, in the case of a LIBOR Loan. Each such notice (a “Notice of Revolving Credit Advance”) may be given verbally by telephone but must be immediately confirmed in writing (by fax, electronic mail or overnight courier) substantially in the form of Exhibit 2.1(a)(i), and shall include the information required in such Exhibit. If any Borrower desires to have the Revolving Credit Advances bear interest by reference to a LIBOR Rate, with respect to LIBOR Loans denominated in Dollars, and BA Rate, with respect to LIBOR Loans denominated in Canadian Dollars, Borrower Representative must comply with Section 2.5(e). All Revolving Credit Advances (x) made to a U.S. Borrower shall be denominated in Dollars and (y) made to a Canadian Borrower shall be denominated in Dollars or Canadian Dollars but shall be deemed to have been made (in the case of Canadian Dollar Revolving Credit Advances) in the Dollar Equivalent of such Revolving Credit Advance.

  • The Letter of Credit Commitment (i) Subject to the terms and conditions set forth herein, (A) the L/C Issuer agrees, in reliance upon the agreements of the Lenders set forth in this Section 2.03, (1) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue Letters of Credit for the account of the Borrower or its Subsidiaries, and to amend or extend Letters of Credit previously issued by it, in accordance with subsection (b) below, and (2) to honor drawings under the Letters of Credit; and (B) the Lenders severally agree to participate in Letters of Credit issued for the account of the Borrower or its Subsidiaries and any drawings thereunder; provided that after giving effect to any L/C Credit Extension with respect to any Letter of Credit, (x) the Total Outstandings shall not exceed the Aggregate Commitments, (y) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment, and (z) the Outstanding Amount of the L/C Obligations shall not exceed the Letter of Credit Sublimit. Each request by the Borrower for the issuance or amendment of a Letter of Credit shall be deemed to be a representation by the Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, the Borrower’s ability to obtain Letters of Credit shall be fully revolving, and accordingly the Borrower may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursed.

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