Increased Amounts Clause Samples
The 'Increased Amounts' clause defines the conditions under which the amounts payable or obligations under an agreement may be increased. Typically, this clause applies when external factors, such as changes in law, tax rates, or regulatory requirements, result in higher costs for one party, who may then be entitled to recover these additional amounts from the other party. Its core practical function is to allocate the risk of unforeseen cost increases, ensuring that the party incurring extra expenses is not unfairly disadvantaged by circumstances beyond their control.
Increased Amounts. (a) The Borrower shall have the right from time to time, without the consent of the Lenders, subject to the terms of this Section 2.18 and provided that the Borrower has obtained any required consents of third parties, to effectuate, (i) prior to the date of any voluntary reduction of the Extended Total Revolving Credit Commitment (other than any reduction pursuant to Section 4.8(e)), an increase in the Extended Total Revolving Credit Commitment under this Agreement in an aggregate amount not to exceed $200,000,000 and (ii) in addition to any increases pursuant to clause (i), from and after the date on which the Borrower takes any action pursuant to Section 4.8(e), an increase in the Extended Total Revolving Credit Commitment in the amount equal to or less than (in the discretion of the Borrower) the amount of such terminated Revolving Credit Commitment of such Defaulting Lender, in each case, by adding to this Agreement one or more Persons acceptable to the Borrower and reasonably acceptable to the Administrative Agent, who shall, upon completion of the requirements of this Section 2.18, constitute an “Extended Revolving Credit Lender” or “Extended Revolving Credit Lenders” hereunder (each an “Added Lender”), or by allowing one or more Extended Revolving Credit Lenders in their sole discretion to increase their respective Extended Revolving Credit Commitments hereunder (each an “Increasing Lender”), so that such increased Extended Revolving Credit Commitments shall equal the aggregate increase in the Extended Total Revolving Credit Commitment effectuated pursuant to this Section 2.18; provided that (A) the aggregate addition of or increase in the Extended Revolving Credit Commitment of any Lender to be effected under this Section 2.18 (collectively, the “Added Commitments”) shall be, other than increases pursuant to clause (ii) above, in an amount not less than $5,000,000, and, if greater than $5,000,000, an integral multiple of $1,000,000, (B) no increase in or added Extended Revolving Credit Commitments pursuant to this Section 2.18 shall result in the sum of the Extended Total Revolving Credit Commitment hereunder exceeding $781,582,051.61, (C) no Lender’s Extended Revolving Credit Commitment shall be increased under this Section 2.18 without the consent of such Lender, and (D) there shall not exist any Default or Event of Default immediately prior to and immediately after giving effect to any such Added Commitment. The Borrower shall deliver or pay, a...
Increased Amounts. No Lender shall demand any payment referred to herein if it shall not at the time be the general policy or practice of such Lender to demand such compensation in substantially similar circumstances under substantially comparable provisions of other credit agreements.
Increased Amounts. Company may by written notice to Lead ----------------- Arranger, Administrative Agent and Lenders elect to request that one or more Lenders or other persons that are Eligible Assignees provide additional Tranche B Term Loan Commitments ("Additional Tranche B Term Loan Commitments"), by an amount not in excess of $25,000,000 in the aggregate and not less than $5,000,000 individually and integral multiples of $5,000,000 in excess of that amount. Each such notice shall specify (A) the date (each, an "Increased Amount Date") on which Company proposes that any Additional Tranche B Term Loan Commitments shall be effective and that Tranche B Term Loans provided pursuant thereto (collectively, "Additional Tranche B Term Loans") shall be made, and (B) the identity of each Lender or other Person that is an Eligible Assignee (each, an "Additional Tranche B Term Loan Lender") to whom Company proposes any portion of such Additional Tranche B Term Loan Commitments be allocated and the amounts of such allocations; provided (x) any Lender may decline, in its sole discretion, to -------- provide an Additional Tranche B Term Loan Commitment and (y) Lead Arranger shall be given the first opportunity to (but shall not be obligated to) arrange any such proposed Additional Tranche B Term Loan Commitment on terms and conditions to be agreed between the Lead Arranger and Company. Such Additional Tranche B Term Loan Commitments shall become effective and the related Additional Tranche B Term Loans shall be made, as of such Increased Amount Date; provided (1) no -------- Default or Event of Default shall exist on such Increased Amount Date before or after giving effect to the making of such Additional Tranche B Term Loan and, after giving effect to the making of such Additional Tranche B Term Loans, Company shall be in compliance, on a Pro Forma Basis, with the requirements of subsection 7.6D as of the last day of the fiscal quarter most recently ended; (2) both before and after giving effect to the making of such Additional Tranche B Term Loans, each of the conditions set forth in subsection 4.3 shall be satisfied; (3) each Additional Tranche B Term Loan Commitment and Additional Tranche B Term Loan shall be effected pursuant to one or more joinder agreements, in each case in form and substance reasonably satisfactory to Lead Arranger and Administrative Agent, and recorded in the Register; and (4) Company shall deliver, or cause to be delivered, Tranche B Term Notes for each of t...
Increased Amounts. Upon the request of either Party, provided that such request shall be commercially reasonable and based on comparable regional centers, the other Party shall increase the limits of insurance carried by it pursuant hereto, and carry types of insurance in addition to the types required to be carried by it pursuant hereto.
Increased Amounts. Subsection 2.1A(vi) of the Credit Agreement is hereby deleted in its entirety and the following substituted therefor:
Increased Amounts. (i) All payments to the Holder by the Corporation under this Convertible Debenture shall be made free and clear of, and without deduction or withholding for, any and all Taxes except as required by applicable law to be deducted or withheld. If the Corporation is required by applicable law to deduct or withhold any Indemnified Taxes from, or in respect of, any amount payable under this Convertible Debenture
(a) the amount payable shall be increased as may be necessary so that after making all required deductions or withholdings (including deductions or withholdings applicable to any additional amounts paid under this Convertible Debenture), the Holder receives an amount equal to the amount it would have received if no such deduction or withholding had been made, (b) the Corporation shall make such deductions or withholdings, (c) the Corporation shall immediately pay the full amount deducted or withheld to the relevant governmental authority in accordance with applicable law, and (d) the Corporation shall deliver to the Holder as soon as practicable after it has made such payment (i) a copy of any receipt issued by the governmental authority evidencing the payment of all amounts required to be deducted or withheld from the sums payable hereunder, or (ii) if such a receipt is not available from such governmental authority, notice of the payment of the amount deducted or withheld ;
(ii) If the Holder is entitled to an exemption from, or reduction of, withholding Tax under the law of the jurisdiction in which the Corporation is resident for Tax purposes, or any treaty to which that jurisdiction is a party, with respect to payments under this Convertible Debenture, the Holder shall, at the request of the Corporation, deliver to the Corporation, at the time or times prescribed by applicable law or reasonably requested by the Corporation, all properly completed and executed documentation prescribed by applicable law that will permit the payments to be made without withholding or at a reduced rate of withholding. In addition, the Holder, if requested by the Corporation, shall deliver other documentation prescribed by applicable law or reasonably requested by the Corporation that will enable the Corporation to determine whether or not the Holder is subject to withholding or information reporting requirements.