Increase of Facility Amount Sample Clauses

Increase of Facility Amount. The Borrower may, at any time after the Effective Date, deliver a written notice to the Facility Agent, each Agent and the Custodian (x) certifying that no Event of Default or Unmatured Event of Default has occurred and is continuing and (y) requesting one or more increases of the Facility Amount to an amount not to exceed $400,000,000 (the amount so requested being the “Increased Facility Amount”). The Facility Amount shall be so increased to the Increased Facility Amount on the later of (x) the second Business Day immediately following the receipt of such written notice by the Facility Agent, the Custodian and each Agent and (y) the date on which any Lender agreeing to increase its Commitment, and any new lender or lenders selected by the Facility Agent and reasonably acceptable to the Borrower agreeing to join this Agreement as a Lender to provide new Commitments, have executed such documentation as the Facility Agent may reasonably require to evidence increased Commitments or new Commitments which, together with all other Commitments in effect at such date, equal in the aggregate the Increased Facility Amount. Any amendment may, with the consent of the Facility Agent, Borrower and the Lenders or prospective lenders agreeing to the proposed increase(s), effect such amendments to this Agreement and the other Transaction Documents as may be necessary to effectuate the provisions of this Section 2.8 without the consent of any Lender not agreeing to increase its Commitment. Notwithstanding anything herein to the contrary, no Lender shall have any obligation to increase its Commitment and no Lender’s Commitment shall be increased without its consent thereto, and each Lender may at its option, unconditionally and without cause, decline to increase its Commitment.

Increase of Facility Amount. The Facility Amount may be increased to up to Two Hundred Fifty Million Dollars ($250,000,000); provided that the Facility Increase Conditions (as defined below) are satisfied. For the purposes of this clause (b), “Facility Increase Conditions” shall mean:

Increase of Facility Amount. At the request of Seller delivered to Buyer no earlier than ninety (90) days and no later than thirty (30) days before the third (3rd) anniversary of the date of this Agreement, Seller may, permanently increase the Facility Amount by the Preapproved Accordion Amount, provided that the following conditions are satisfied: (i) Seller shall, as applicable, execute: (A) an amendment documenting such increased Facility Amount or (B) such other documents as Buyer may reasonably require; (ii) no Default, Event of Default or Margin Deficit that is due and unpaid in accordance with Section 4(a) shall exist, in each case, on the date of Seller’s request to increase the Facility Amount or on the date of such increase of the Facility Amount; and (iii) Seller shall deliver an Officer’s Certificate to Buyer certifying that all representations and warranties in this Agreement remain true, correct, complete and accurate in all respects as of the date of such increase of the Facility Amount (except such representations which by their terms speak as of a specified date and subject to any exceptions disclosed to Buyer in an Exception Report prior to such date and approved by Buyer).

Increase of Facility Amount. Notwithstanding the provisions of Section 2.1.1.2 of the Agreement, the maximum amount to which the Facility Amount and the Revolving Sublimit may be increased pursuant to the provisions thereof shall be $100,000,000 in excess of the aggregate Commitments of the Lenders who, at the time such increase is requested, are not Rejecting Lenders.

Increase of Facility Amount. 61 ARTICLE III YIELD, FEES, ETC........................................................................................ 62 Section 3.1........... Yield.................................................................................................... 62 Section 3.2........... Yield and Commitment Fee Payment Dates....................................... 62

Increase of Facility Amount. The Maximum Facility Amount may be increased up to Three Hundred Fifty Million and No/100 Dollars ($350,000,000.00); provided that the