Increase of Revolving Credit Commitment Sample Clauses

Increase of Revolving Credit Commitment. (i) The Administrative Borrower, on behalf of the Borrowers, may request the right to effectuate an increase in the Revolving Credit Commitment (a “Commitment Increase”), in an aggregate amount of up to $25,000,000 (the “Commitment Increase Cap”), once during the term of this Agreement by delivering a Notice of Requested Commitment Increase to Administrative Agent substantially in the form of Exhibit I (a “Notice of Requested Commitment Increase”), provided that: (A) the proposed Commitment Increase shall have been consented to in writing by the Administrative Agent (with such consent not to be unreasonably withheld), each Lender (if any) who is increasing its Revolving Credit Commitment and any other bank or financial institution acceptable to the Parent and the Administrative Agent that has agreed to become a Lender in respect of all or a portion of the Commitment Increase (a “New Lender”); (B) each Lender has been afforded the right to fund the Commitment Increase prior to any New Lender being given such right; (C) the Borrowers are in pro forma compliance with all financial covenants set forth in Article 11 prior to, and upon giving effect to, such Commitment Increase; and (D) all conditions to borrowing set forth in Section 7.2 shall be satisfied prior to such Commitment Increase. The Notice of Requested Commitment Increase shall specify: (1) the amount of the proposed Commitment Increase and (2) the requested date of the proposed Commitment Increase (which shall be at least fifteen (15) days from the date of delivery of the Notice of Requested Commitment Increase). Each Notice of Requested Commitment Increase shall be binding on all Borrowers. Upon the effective date of any Commitment Increase, the Administrative Borrower shall deliver to the Administrative Agent a certificate of the chief financial officer of the Parent certifying that no Default or Event of Default then exists or would be caused thereby. The Commitment Increase shall not be effective until the Administrative Agent shall have received amendments to this Agreement and the other Loan Documents, commitments of Lenders or New Lenders in an aggregate amount equal to the Commitment Increase, Lender Agreements for each Lender or New Lender committing to the Commitment Increase, any upfront fees to be paid to the Lenders committing to the Commitment Increase, and, if requested, opinion letters, Revolving Credit Notes and such other agreements, documents and instruments requested by and reas...
AutoNDA by SimpleDocs
Increase of Revolving Credit Commitment. (a) Provided that no Default or Event of Default shall have occurred and be continuing, the Borrower shall have the option, by giving written notice to the Agent (the “Increase Notice”), subject to the terms and conditions set forth in this Agreement, to increase the Total Revolving Credit Commitment in increments of $10,000,000.00 by an aggregate amount up to $50,000,000 (the amount of the requested increase to be set forth in the Increase Notice) (which, assuming no previous reduction in the Revolving Credit Commitments, would result in a maximum Total Revolving Credit Commitment of $200,000,000). The execution and delivery of the Increase Notice by Borrower shall constitute a representation and warranty by the Borrower that all the conditions set forth in this §2.8 shall have been satisfied on the date of such Increase Notice. The Commitment increase may be allocated (1) to the then existing Revolving Credit Commitments, (2) as a new revolving tranche having the same terms (excluding pricing) as the then existing Revolving Credit Commitments, or (3) any combination thereof satisfactory to Administrative Agent and existing or additional Revolving Credit Banks providing such additional Revolving Credit Commitments (b) The obligation of the Agent and the Revolving Credit Banks to increase the Total Revolving Credit Commitment pursuant to this §2.8 shall be conditioned upon satisfaction of the following conditions precedent which must be satisfied prior to the effectiveness of any increase of the Total Revolving Credit Commitment.
Increase of Revolving Credit Commitment. (a) As an alternative to, or in addition to, Section 2.8 below, subject to the conditions set forth below, at any time prior to the Revolving Credit Maturity Date, the Borrower shall have the right upon not less than thirty (30) days’ (or such shorter period as may be agreed to by the Administrative Agent) prior written notice to the Administrative Agent pursuant to a Revolving Credit Increase Notification, to request an increase in the Revolving Credit Commitment in an aggregate principal amount as may be specified by the Borrower. Such Revolving Credit Increase Notification shall specify the applicable Revolving Credit Increase Effective Date. (b) Increases in the Revolving Credit Commitment shall be obtained from existing Revolving Credit Lenders or New Lenders that qualify as Eligible Assignees (each such New Lender, collectively with the existing Revolving Credit Lenders providing increased Revolving Credit Commitments, the “Increasing Revolving Lenders”), in each case in accordance with this
Increase of Revolving Credit Commitment. The Revolving Credit Commitment is hereby increased from $150,000,000 to $200,000,000, and the respective Commitments of each of the Banks are hereby increased (or established) as set forth on Schedule I hereto. The Commitments set forth on Schedule I hereto are the final allocated Commitments in effect from and after the Amendment Date.
Increase of Revolving Credit Commitment. Provided no Default or Event of Default exists, Borrower may, on a one-time basis, request in writing that the amount of the Revolving Credit Commitment be increased by an amount not exceeding $2,000,000.00. Promptly after delivery of such request, Borrower shall deliver to Lender such documents as Lender may reasonably request, including, at a minimum, the audited financial statements of Parent for the 2015 fiscal year. Within a reasonable time after receipt of such request, Lender shall notify Borrower whether or not it consents to such increase of the Revolving Credit Commitment. Any election by Lender to increase the amount of the Revolving Credit Commitment shall be made in its sole and absolute discretion. If Lender consents to such increase, Borrower shall deliver to Lender, as a condition precedent to such increase, such documents as Lender or its legal counsel may reasonably request, including, without limitation, (1) an amended and restated Revolving Credit Note, dated as of the effective date of such increase, in the maximum principal amount of the Revolving Credit Commitment after giving effect to such increase, (2) a certificate of Borrower, dated as of the effective date of such increase and signed by a Responsible Officer of Borrower, (x) certifying and attaching the resolutions adopted by Borrower approving or consenting to such increase, and (y) certifying that, both before and after giving effect to such increase, the conditions specified in Section 5.2(b) and (c) have been satisfied, and (3) a written consent of Healthcare Financial Solutions, LLC, as the successor in interest to General Electric Capital Corporation (“GECC”), to such increase, if and to the extent such consent is required by the terms of that certain Subordination Agreement, dated as of July 30, 2015, by and between Lender and GECC.
Increase of Revolving Credit Commitment. In accordance with Section 2.16 of the Credit Agreement, Borrower has requested that the Lenders increase the Revolving Credit Commitment to the sum of One Hundred Sixty Million and No/100 Dollars ($160,000,000.00). In connection therewith, Borrower has executed and delivered replacement Notes to such Lenders that have acquired the increase in the Revolving Credit Commitment (each such Lender’s Note to be in the amount of its Revolving Credit Commitment reflected on Schedule I attached hereto), and Borrower has paid to the Administrative Agent and such increasing Lenders such fees as are due and payable to the Administrative Agent and such Lenders in connection therewith, which fees are fully earned and nonrefundable under any circumstances. The Lenders have made such adjustments to the outstanding Loans of such Banks so that after giving effect to such increase, the outstanding Loans are consistent with their pro rata share. Schedule I to the Credit Agreement is hereby replaced in its entirety with Schedule I attached hereto. The increase in the Revolving Credit Commitment to be effected by this Amendment shall be the first of two such increases permitted by the Credit Agreement.
Increase of Revolving Credit Commitment. (a) Notwithstanding the terms and provisions of Section 2.8 of the Unsecured Master Loan Agreement, the Borrower covenants and agrees that, so long as any Loan or Note is outstanding or any of the Banks has any obligation to make any Loans that the Borrower shall only be permitted to increase the Total Revolving Credit Commitment (as defined in the Unsecured Master Loan Agreement) by a total amount of $70,000,000.00. (b) In the event that the Borrower fails to pay on the Term Loan Maturity Date all of the Term Loans Outstanding on such date, together with any and all accrued and unpaid interest thereon, Borrower and Trust hereby authorizes the Banks to exercise on Borrower's behalf, Borrower's right to increase the Total Revolving Credit Commitment by an amount necessary to pay all Term Loans Outstanding, and Borrower shall pay any fees and expenses due to the Agent and the Revolving Credit Banks under the Unsecured Master Loan Agreement relating to such increase.
AutoNDA by SimpleDocs
Increase of Revolving Credit Commitment. Extension or ----------------------------------------------------- Expiration Date. --------------- Increase the amount of the Revolving Credit Commitment or of any Bank hereunder or extend the Expiration Date;
Increase of Revolving Credit Commitment. Increase the amount of the Revolving Credit Commitment of any Lender hereunder without the consent of such Lender;
Increase of Revolving Credit Commitment. Upon written request of the Borrower at any time, the Lender will consider in good faith an increase in the Maximum Revolver Amount to an aggregate amount not in excess of $11,250,000 minus any and all required reductions in the Maximum Revolver Amount pursuant to Section 2.01(g) above and minus the outstanding principal amount of any Indebtedness incurred pursuant to Section 6.01(j) below, provided and on condition that the Borrower introduce the Lender to a Participant, reasonably satisfactory to the Lender, to participate in the Loans and the Revolving Credit Commitment, in a principal amount not less than the requested increase in the Maximum Revolver Amount, on a pari passu basis with the Lender pursuant to a participation agreement in form and substance reasonably satisfactory to the Lender.
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!