Increase of Revolving Commitments. By written notice sent to the Administrative Agent (which the Administrative Agent shall promptly distribute to the Lenders), the Borrower may request an increase of the aggregate amount of the Commitments: (i) by an aggregate amount equal to any integral multiple of $5,000,000 but no less than $10,000,000; (ii) by an aggregate amount up to $150,000,000; and (iii) to an amount not to exceed $500,000,000; provided that (i) no Default shall have occurred and be continuing and (ii) the aggregate amount of the Commitments shall not previously have been increased more than two times pursuant to this Section 2.19. Each Lender, in its sole and absolute discretion, shall determine whether it will increase its Commitment. If one or more of the Lenders will not be increasing its Revolving Commitment pursuant to such request, then, with notice to the Administrative Agent and the other Lenders, another one or more financial institutions, each as approved by the Borrower, and the Administrative Agent (a “New Lender”), may commit to provide an amount equal to the aggregate amount of the requested increase that will not be provided by the existing Lenders (the “Increase Amount”); provided, that the Commitment of each New Lender shall be at least $10,000,000 and the maximum number of New Lenders shall be five (5). Upon receipt of notice from the Administrative Agent to the Lenders and the Borrower that the Lenders, or sufficient Lenders and New Lenders, have agreed to commit to an aggregate amount equal to the Increase Amount (or such lesser amount as the Borrower shall agree, which shall be at least $5,000,000 and an integral multiple of $5,000,000 in excess thereof), then: provided that no Default exists at such time or after giving effect to the requested increase, the Borrower, the Administrative Agent and the Lenders willing to increase their respective Commitments and the New Lenders (if any) shall execute and deliver an Increased Commitment Supplement (herein so called) in the form attached hereto as Exhibit E. If all existing Lenders shall not have provided their pro rata portion of the requested increase, then after giving effect to the requested increase the outstanding Revolving Loans may not be held pro rata in accordance with the new Commitments. In order to remedy the forgoing, on the effective date of the Increased Commitment Supplement, the Lenders shall make advances among themselves (either directly or through the Administrative Agent) so that after givi...
Increase of Revolving Commitments. The Borrower shall have the right at any time and from time to time from the Closing Date through and including the Commitment Termination Date to request increases in the Aggregate Revolving Commitments (provided that after giving effect to any increases in the Aggregate Revolving Commitments pursuant to this Section, the Aggregate Revolving Commitments may not exceed $437,500,000) by providing written notice to the Administrative Agent, which notice shall be irrevocable once given. Each such increase in the Revolving Commitments must be in an aggregate minimum amount of $15,000,000. No Lender shall be required to increase its Revolving Commitment. If a new Lender becomes a party to this Agreement, or if any existing Lender agrees to increase its Revolving Commitment, such Lender shall on the date it becomes a Lender hereunder (or increases its Revolving Commitment, in the case of an existing Lender) (and as a condition thereto) purchase from the other Lenders its Revolving Commitment Percentage (or in the case of an existing Lender, the increase in the amount of its Revolving Commitment Percentage, in each case as determined after giving effect to the increase of the Aggregate Revolving Commitments) of any outstanding Revolving Loans, by making available to the Administrative Agent for the account of such other Lenders, in same day funds, an amount equal to the sum of (A) the portion of the outstanding principal amount of such Revolving Loans to be purchased by such Lender plus (B) interest accrued and unpaid to and as of such date on such portion of the outstanding principal amount of such Revolving Loans. The Borrower shall pay to the Lenders amounts payable, if any, to such Lenders under Section 2.18 as a result of the prepayment of any such Revolving Loans. No increase of the Aggregate Revolving Commitments may be effected under this Section if a Default or Event of Default shall be in existence on the effective date of such increase. In connection with any increase in the Aggregate Revolving Commitments pursuant to this Section, (a) any Lender becoming a party hereto shall execute such documents and agreements as the Administrative Agent may reasonably request, including but not limited to an Accession Agreement and (b) the Borrower shall make appropriate arrangements so that each new Lender, and any existing Lender increasing its Revolving Commitment, receives a new or replacement Note, as appropriate, in the amount of such Lender's Revolving Commi...
Increase of Revolving Commitments. (i) At any time and from time to time prior to the expiration of the Availability Period, and so long as no Default or Event of Default shall have occurred which is continuing, Lufkin may elect to increase the aggregate of the Revolving Commitments to an amount not exceeding $225,000,000 minus any reductions in the Revolving Commitments pursuant to Section 2.08(b), provided that (i) Lufkin shall deliver to the Administrative Agent a Commitment Increase Notice in substantially the form of Exhibit J hereto (a “Commitment Increase Notice”) at least fifteen (15) Business Days prior to such increase to the Administrative Agent and each existing Revolving Lender, (ii) each existing Revolving Lender shall have the right (but not the obligation) to subscribe to its pro rata share of the proposed increase in the Revolving Commitments by giving written notice of such election to Lufkin and the Administrative Agent within ten (10) Business Days after receipt of a notice from Lufkin as above described and, provided that no existing Revolving Lender exercises such election, Lufkin may elect to add a new Revolving Lender, (iii) no Lender shall be required to increase its Revolving Commitment unless it shall have expressly agreed to such increase in writing, (iv) the addition of new Revolving Lenders shall be subject to the terms and provisions of Section 9.04 as if such new Revolving Lenders were acquiring an interest in the Revolving Loans by assignment from an existing Revolving Lender (to the extent applicable, i.e., required approvals, minimum amounts and the like), (v) Lufkin shall execute and deliver such additional or replacement Revolving Notes and such other documentation (including evidence of proper authorization) as may be reasonably requested by the Administrative Agent, any new Revolving Lender or any Revolving Lender which is increasing its Commitment, (vi) no Revolving Lender shall have any right to decrease its Revolving Commitment as a result of such increase of the aggregate amount of the Revolving Commitments, (vii) the Administrative Agent shall have no obligation to arrange, find or locate any Revolving Lender or new bank or financial institution to participate in any unsubscribed portion of such increase in the aggregate committed amount of the Revolving Commitments, (viii) such option to increase the Revolving Commitments may only be exercised once, and (ix) the consent of the Revolving Lenders shall be required for any increase of the Revolving ...
Increase of Revolving Commitments. By written notice sent to the Administrative Agent (which the Administrative Agent shall promptly distribute to the Lenders), the Borrower Representative may provide notice of an increase of the aggregate amount of the Revolving Commitments.
Increase of Revolving Commitments. By written notice sent to the Administrative Agent (which the Administrative Agent shall promptly distribute to the Lenders), the Borrower may request an increase of the aggregate amount of the Revolving Commitments (i) by an aggregate amount equal to any integral multiple of $5,000,000 and not less than $10,000,000 and (ii) by an aggregate amount for all increases not to exceed $100,000,000; provided that (i) no Default shall have occurred and be continuing, (ii) the aggregate amount of the Revolving Commitments shall not have been reduced, nor shall the Borrower have given notice of any such reduction under Section 2.08(b) which has not been revoked by the time of the Borrower’s notice under this Section 2.19, and (iii) the aggregate amount of the Revolving Commitments shall not previously have been increased pursuant to this Section 2.19 more than three (3)
Increase of Revolving Commitments. Pursuant to Section 2.1(d) of the Credit Agreement and upon the effectiveness of this Amendment pursuant to Section 4 below, the aggregate Revolving Commitments are hereby increased from $500,000,000.00 to $750,000,000.00. The Revolving Commitments of (a) the Lenders who have severally agreed to increase their respective Revolving Commitments (each, an “Increasing Lender” and collectively, the “Increasing Lenders”) and (b) the New Lender are set forth on Schedule II to the Credit Agreement, in each case after giving effect to this Amendment and the increase of the Revolving Commitments pursuant to this Amendment.
Increase of Revolving Commitments. The U.S. Borrower has heretofore requested pursuant to Section 2.4(c) of the Loan Agreement (as in effect prior to the First Amendment Effective Date) that the aggregate amount of the U.S. Commitments be increased by $52,650,000. Pursuant thereto, effective on the First Amendment Effective Date: (a) the aggregate amount of the U.S. Commitments shall be increased to $117,650,000; (b) the U.S. Commitment of each Lender shall, without any further action, be the Commitment specified for such Lender on the attached Exhibit A; and (c) HSBC Bank USA, National Association (the “New U.S. Lender”) shall become a U.S. Lender under the Loan Agreement with a U.S. Commitment as specified on the attached Exhibit A. Without limiting the foregoing, the New U.S. Lender hereby acknowledges, agrees and confirms, by its execution of this Amendment, that the New U.S. Lender (x) will be deemed to be a “Lender” under the Collateral Agency Agreement and shall have all of the obligations of a “Lender” thereunder as if it had executed the Collateral Agency Agreement and (y) will be deemed to be a “U.S. Lender” under that certain Intercreditor Agreement dated as of July 12, 2006 executed by and among the U.S. Agent, the U.K. Agent, the Canadian Agent and certain financial institutions therein named, and shall have all of the obligations of a “U.S. Lender” thereunder as if it had executed said Intercreditor Agreement.
Increase of Revolving Commitments. The Borrower shall have the right at any time after the Effective Date to request that the aggregate Revolving Commitments hereunder be increased (a “Commitment Increase”) in accordance with the following provisions and subject to the following conditions:
Increase of Revolving Commitments. Section 2.19 of the Agreement is amended in its entirety to read as follows:
Increase of Revolving Commitments. Prior to the date hereof, the Borrower increased the Total Revolving Commitment from $95,000,000 to $125,000,000 in accordance with Section 2.02(b). The Lenders agree that, notwithstanding such increase in the Total Revolving Commitment, the Borrower may increase the Total Revolving Commitment after the Amendment No. 1 Effective Date by an additional $30,000,000 from $125,000,000 to $155,000,000 subject to the terms and conditions of Section 2.02(b).
