Increase of Total Commitment. Unless a Default or Event of Default has occurred and is continuing, BGI may request, with prior written notice to the Administrative Agent, and subject to the approval of the Administrative Agent if with respect to a new lender, that the Total Commitment be increased, provided that the Total Commitment shall not, except with the consent of the Required Lenders, in any event exceed $600,000,000 hereunder, and provided, further, that (i) any Lender which is a party to this Revolving Credit Agreement prior to such increase shall have the first option to increase its Commitment hereunder, but no Lender shall have any obligation to do so, (ii) in the event that it becomes necessary to include a new Lender to provide additional funding under this §2.3.1, such new Lender must be reasonably acceptable to the Administrative Agent and BGI, and (iii) the Lenders’ Commitment Percentages shall be correspondingly adjusted, as necessary, to reflect any increase in the Total Commitment and Schedule 1 shall be amended to reflect such adjustments. Each increase in the Total Commitment shall be in a minimum aggregate amount of $10,000,000 or a whole multiple of $1,000,000 in excess thereof.
Appears in 2 contracts
Samples: Assignment and Assumption (Barnes Group Inc), Agreement (Barnes Group Inc)
Increase of Total Commitment. Unless a Default or Event of Default has occurred and is continuing, BGI the Borrower may request, with prior written notice to the Administrative Agent, and subject to the approval of the Administrative Agent if with respect to a new lenderAgent, that the Total Commitment be increased, provided that the Total Commitment shall not, except with the consent of the Required LendersMajority Banks, in any event exceed $600,000,000 3,000,000,000 hereunder, and ; provided, furtherhowever, that (i) any Lender Bank which is a party to this Revolving Credit Agreement prior to such increase shall have the first option option, and may elect, to increase fund its pro rata share of the increase, thereby increasing its Commitment hereunder, but no Lender Bank shall have any obligation to do so, (ii) in the event that it becomes necessary to include a new Lender Bank to provide additional funding under this §2.3.12.3.2, such new Lender Bank must be reasonably acceptable to the Administrative Agent and BGIthe Borrower, and (iii) the LendersBanks’ Commitment Percentages shall be correspondingly adjusted, as necessary, to reflect any increase in the Total Commitment and Schedule 1 shall be amended to reflect such adjustments. Each Any such increase in the Total Commitment shall be require, among other things, the satisfaction of such conditions precedent as the Administrative Agent may reasonably require, including, without limitation, the Administrative Agent’s receipt of evidence of applicable corporate authorization and other corporate documentation from the Borrower and the Guarantor and the legal opinion of counsel to the Borrower and the Guarantor, each in a minimum aggregate amount of $10,000,000 or a whole multiple of $1,000,000 form and substance satisfactory to the Administrative Agent and such Banks as are participating in excess thereofsuch increase.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Waste Management Inc), Revolving Credit Agreement (Waste Management Inc)
Increase of Total Commitment. Unless a Default or Event of Default has occurred and is continuing, BGI the Borrower may request, with prior written notice to the Administrative Agent, and subject to the approval of the Administrative Agent if with respect to a new lenderAgent, that the Total Commitment be increased, provided that the Total Commitment shall not, except with the consent of the Required LendersMajority Banks, in any event exceed $600,000,000 650,000,000 hereunder, and provided, furtherhowever, that (i) any Lender Bank which is a party to this Revolving Credit Agreement prior to such increase shall have the first option option, and may elect, to increase fund its pro rata share of the increase, thereby increasing its Commitment hereunder, but no Lender Bank shall have any obligation to do so, (ii) in the event that it becomes necessary to include a new Lender Bank to provide additional funding under this §2.3.1Section 2.3.2, such new Lender Bank must be reasonably acceptable to the Administrative Agent and BGIthe Borrower, and (iii) the Lenders’ Banks' Commitment Percentages shall be correspondingly adjusted, as necessary, to reflect any increase in the Total Commitment and Schedule 1 shall be amended to reflect such adjustments. Each Any such increase in the Total Commitment shall be require, among other things, the satisfaction of such conditions precedent as the Administrative Agent may require, including, without limitation, the Administrative Agent's receipt of evidence of applicable corporate authorization and other corporate documentation from the Borrower and the legal opinion of counsel to the Borrower, each in a minimum aggregate amount of $10,000,000 or a whole multiple of $1,000,000 form and substance satisfactory to the Administrative Agent and such Banks as are participating in excess thereofsuch increase.
Appears in 2 contracts
Samples: Revolving Credit Agreement, Revolving Credit Agreement (Waste Management Inc)
Increase of Total Commitment. Unless a Default or Event of Default has occurred and is continuing, BGI may request, with prior written notice to the Administrative Agent, and subject to the approval of the Administrative Agent if with respect to a new lender, that the Total Commitment be increased, provided that the Total Commitment shall not, except with the consent of the Required Lenders, in any event exceed $600,000,000 1,250,000,000 hereunder, and provided, further, that (i) any Lender which is a party to this Revolving Credit Agreement prior to such increase shall have the first option to increase its Commitment hereunder, but no Lender shall have any obligation to do so, (ii) in the event that it becomes necessary to include a new Lender to provide additional funding under this §2.3.1, such new Lender must be reasonably acceptable to the Administrative Agent and BGI, and (iii) the Lenders’ Commitment Percentages shall be correspondingly adjusted, as necessary, to reflect any increase in the Total Commitment and Schedule 1 shall be amended to reflect such adjustmentsadjustments and (iv) BGI may make a maximum of two such requests. Each increase in the Total Commitment shall be in a minimum aggregate amount of $10,000,000 or a whole multiple of $1,000,000 in excess thereof.
Appears in 2 contracts
Samples: Credit Agreement (Barnes Group Inc), Credit Agreement (Barnes Group Inc)
Increase of Total Commitment. Unless a Default or Event of Default has occurred and is continuing, BGI the Borrowers may request, with prior written notice on more than one occasion, that the Total Commitment be increased by an aggregate amount of up to $40,000,000 provided that the Administrative AgentTotal Commitment shall not in any event exceed $265,000,000 hereunder, and subject to the approval of the Administrative Agent if with respect to a new lenderAgent, that the Total Commitment be increased, provided that the Total Commitment shall not, except with the consent of the Required Lenders, in any event exceed $600,000,000 hereunder, and provided, furtherhowever, that (i) any Lender Bank which is a party to this Revolving Credit Agreement prior to such increase shall have the first option option, and may elect, to increase fund its pro rata share of the increase, thereby increasing its Commitment hereunder, but no Lender Bank shall have any obligation be required to do so, (ii) in the event that it becomes necessary to include a new Lender Bank to provide additional funding under this §2.3.1ss.2.2.2, such new Lender Bank must be reasonably acceptable to the Administrative Agent and BGIthe Borrowers, and (iii) the Lenders’ Banks' Commitment Percentages shall be correspondingly adjusted, as necessary, to reflect any increase in the Total Commitment and Schedule 1 shall be amended to reflect such adjustments. Each Notwithstanding the above, an increase will not be made in the Total Commitment shall be in a minimum aggregate amount if such increase is prohibited pursuant to the terms of $10,000,000 or a whole multiple of $1,000,000 in excess thereofthe Subordinated Debt.
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