Increased Commitment. Notwithstanding anything herein to the contrary, (a) the Aggregate Purchase Commitment may be increased from time to time upon the written consent of the Company and Purchasers holding at least 80% of the aggregate principal amount of the Notes then outstanding, and (b) subject to clause (a), an Individual Purchase Commitment may be increased from time to time upon the written consent of the Company and the Purchaser whose Individual Purchase Commitment is to be so increased.
Increased Commitment. Subject to the terms and conditions of the Loan Agreement, the Increasing Lender hereby irrevocably agrees to lend to Borrower an aggregate amount that, when taken together with its existing Revolver Commitment under the Loan Agreement, will be equal to the Revolver Commitment described on Schedule I hereto opposite such Increasing Lender’s name (the “Increased Commitment”) and to assume as of the Effective Date (as defined below) the rights and obligations of a Lender under the Loan Agreement to the extent of its Increased Commitment.
Increased Commitment. Subject to the conditions contained in this letter, by execution and delivery to the Company of this letter, (“Increase Bank”) shall, effective have a Commitment of $ under the Agreement.] If you are in agreement with the foregoing, please sign the acceptance set forth below. Yours very truly, [NEW BANK] By: Name: Title: cc: Bank of America, N.A., as Administrative Agent, [ADDRESS] Attn: [ ] AGREED AND ACCEPTED this day of , 20 CONAGRA FOODS, INC. By: Name: Title: This Assignment and Assumption (the “Assignment and Assumption”) is dated as of the Effective Date set forth below and is entered into by and between [Insert name of Assignor] (the “Assignor”) and [Insert name of Assignee] (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as amended, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below (i) all of the Assignor’s rights and obligations in its capacity as a Bank under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below (including any letters of credit, guarantees, and swingline loans included in such facilities) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Bank) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including contract claims, tort claims, malpractice claims, statutory claims and all other claims at law o...
Increased Commitment. Subject to the conditions contained in this letter, by execution and delivery to the Company of this letter, (“Increase Lender”) shall, effective have a Commitment of US$ under the Agreement.]
Increased Commitment. Each of the Lenders designated on Attachment 1 as a “Supplementing Lender” shall increase the amount of its Term Loan Commitment by the amount indicated on Attachment 1 ($175,000 in the aggregate). All of the parties acknowledge that the Term Loan Commitments of the Lenders other than the Supplementing Lenders have been fully satisfied and that any Term Loans made from and after the date hereof shall be made solely by the Supplementing Lenders in proportion to their respective Term Loan Commitments set forth on Attachment 1.
Increased Commitment. (a) The Borrower, may at any time, by written notice to the Administrative Agent, propose that the total Commitments hereunder be increased (each such proposed increase being a “Commitment Increase”), and promptly thereafter the Administrative Agent shall specify each existing Lender (each an “Increasing Lender”) and/or each additional lender (each an “Assuming Lender”) that shall have agreed to an increased or additional Commitment and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Business Day at least three Business Days after delivery of such notice and 30 days prior to the Facility Termination Date; provided that:
(i) that the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or a larger multiple of $1,000,000;
(ii) immediately after giving effect to such Commitment Increase, the Aggregate Commitments hereunder shall not exceed $350,000,000;
(iii) no Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase;
(iv) the representations and warranties contained in this Agreement shall be true and correct on and as of the Commitment Increase Date as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date).
(b) The Assuming Lender, if any, shall become a Lender hereunder as of such Commitment Increase Date and the Commitment of any Increasing Lender and such Assuming Lender shall be increased as of such Commitment Increase Date; provided that:
(i) the Administrative Agent shall have received on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date a certificate of a duly authorized officer of the Borrower stating that each of the applicable conditions to such Commitment Increase set forth in this Section 2.6.3 has been satisfied;
(ii) with respect to each Assuming Lender, the Administrative Agent shall have received, on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date, an agreement, in form and substance reasonably satisfactory to the Borrower and the Administrative Agent, pursuant to which such Assuming Lender shall, effective as of such Commitment Increase Date, undertake a Commitment, duly executed by such Assuming Lender and the Borrower and a...
Increased Commitment. Section 2.1(b) of the Credit Agreement is hereby amended by replacing the words "Twenty Five Million and No/100 Dollars ($25,000,000.00)" with the words "Forty Million and No/100 Dollars ($40,000,000.00)". Each reference in the Credit Agreement, including, without limitation, any and all references in the Exhibits A, D, E, F, G, H, I, J, L, M, N and R thereto, to "Twenty Five Million and No/100 Dollars" or "$25,000,000.00" is hereby replaced with "Forty Million and No/100 Dollars" or "$40,000,000.00" (as applicable).
Increased Commitment the Commitment of such Bank may be increased to the amount set forth in such agreement;
Increased Commitment. So long as no Event of Default shall have occurred and be continuing, Borrowers shall have the right from time to time, upon request, after Lender’s receipt of Parent’s audited fiscal year-end 2016 consolidated financial statements showing trailing twelve-month EBITDA exceeding $7,000,000, to increase the Revolving Loan Commitment by an aggregate amount not to exceed $5,000,000 (any such increases, collectively referred to as the “Accordion”). Notwithstanding the foregoing, nothing contained herein shall be construed as a commitment by Lender to lend, syndicate, arrange or otherwise provide such additional commitments or loans.
Increased Commitment. Subject to the terms and conditions of the Loan Agreement, the Increasing Lender hereby irrevocably agrees to lend to [Borrower][the Foreign Subsidiary Borrower] an aggregate amount that, when taken together with its existing [Revolver Commitment][Foreign Subsidiary Revolver Commitment] under the Loan Agreement, will be equal to the [Revolver Commitment][Foreign Subsidiary Revolver Commitment] described on Schedule I hereto opposite such Increasing Lender’s name (the “Increased Commitment”) and to assume as of the Effective Date (as defined below) the rights and obligations of a [Lender][Foreign Subsidiary Lender] under the Loan Agreement to the extent of its Increased Commitment.
