Increased Commitments. So long as no Unmatured Event of Default or Event of Default shall have occurred and then be continuing, the Borrower shall have the right from time to time to request an increase in the Commitments upon not less than thirty (30) days’ (or such shorter period as is acceptable to Administrative Agent) prior written notice to Administrative Agent; provided that (i) no Lender shall have any obligation to increase its Commitment, (ii) each such requested increase in the Commitments shall be in accordance with the definition of Maximum Facility Amount, (iii) the Administrative Agent shall have consented to such increase, (iv) the applicable Structuring Fee payment has been paid by the Borrower to the Administrative Agent and (v) contemporaneously with requesting each such increase, the Borrower shall certify to Administrative Agent in writing that immediately before and immediately after giving effect to such increase, (A) Borrower is in compliance in all material respects with all of the terms, provisions, covenants and conditions contained in this Agreement and the other Transaction Documents and (B) no Unmatured Event of Default or Event of Default shall have occurred and then be continuing; and provided further that (i) any increase in the Commitments which is accomplished by increasing the Commitment of any Lender or Lenders who are at the time of such increase party to this Agreement (which Lender or Lenders shall consent to such increase in their sole and absolute discretion) shall be accomplished as follows: (A) this Agreement will be amended by Xxxxxxxx, Administrative Agent and those Lender(s) whose Commitment(s) is or are being increased (but without any requirement that the consent of any other Lenders be obtained) to reflect the revised Commitments of each of Lenders pursuant to amendment documents in form and substance satisfactory to Administrative Agent, (B) Administrative Agent will deliver an updated Annex A to Borrower and each Lender reflecting the revised Commitments of each Lender and (C) the Advances Outstanding will be reallocated on the effective date of such increase among Lenders in accordance with their revised Pro Rata Shares (and Lenders agree to make all payments and adjustments necessary to effect the reallocation) and (ii) any increase in the Commitments which is accomplished by the addition of a new Lender under this Agreement shall be accomplished as follows: (A) such new Lender shall be subject to the consent of Administrativ...
Increased Commitments. Notwithstanding the foregoing, the Administrative Agent and the Borrowers (without the consent of any Lenders) may amend this Agreement and the Loan Documents if necessary or advisable to effectuate any increase in Commitments contemplated by Section 2.20 without limiting the rights of the Lenders to decline to provide any increased or new Commitment under Section 2.20.
Increased Commitments. (a) The Borrower shall have the right to request an increase to the Commitments by obtaining additional Commitments, from one or more of the Lenders provided that (i) any such request for an increase shall be in a minimum amount of [* * * * *], (ii) after giving effect thereto, the sum of the total of the Commitments does not exceed [* * * * *], and (iii) the procedure described in SECTION 2.07(b) have been satisfied. Nothing contained in this SECTION 2.07 shall constitute, or otherwise be deemed to be, a commitment on the part of any Lender to increase its Commitment hereunder at any time. For greater certainty, any such increase request made by the Borrower may be accepted or rejected at the sole discretion of each Lender.
(b) Any amendment hereto for such an increase or addition shall be in form and substance satisfactory to the Administrative Agent and shall require the written signatures of the Administrative Agent, the Borrower and each Lender agreeing to an increase in their Commitment. As a condition precedent to such an increase or addition, the Borrower shall deliver to the Administrative Agent (i) a certificate signed by its authorized officer (A) certifying and attaching the resolutions adopted by it approving or consenting to such increase, and (B) certifying that, before and after giving effect to such increase or addition, (1) the representations and warranties contained in Article 3 and the other Loan Documents are true and correct, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and (2) no Default exists, (ii) legal opinions and documents consistent with those delivered on the Effective Date, to the extent requested by the Administrative Agent and (iii) each guarantor that has provided a Guarantee, of any type, in connection with the Secured Obligations for the benefit of the Secured Parties will confirm, in form and substance satisfactory to the Administrative Agent, that its Guarantee and any related security will continue to apply after giving effect to such increase or addition to the Commitments made pursuant to this Section 2.07.
(c) Notwithstanding anything to the contrary in this Section 2.07, the Administrative Agent may at any time during the 90 day period following the occurrence of a Right to Increase Trigger Event, provide written notice to the Borrower that the Maximum Principal Amount and Commitments shall be...
Increased Commitments. The Commitments listed on the signature pages to the Credit Agreement are hereby deleted, and the new Commitments shall be as set forth on the signature pages to this Amendment.
Increased Commitments. (a) Subject to the terms and conditions of this Agreement, the Lenders agree (i) to increase the Total Commitments by the Additional Commitment and (ii) subject to the remaining provisions of this clause 3.1 and clause 3.2, to increase their Commitments by a proportionate share of the Additional Commitment, which shall be calculated on a pro rata basis by reference to the proportion that its current Commitment bears to the Total Commitments prior to the increase referred to in (i) above.
(b) It is agreed that the Commitments of the Lenders (other than the Refinanced Banks) shall be increased on the Restatement Date and that, subject to clause 3.2, the aggregate Additional Commitments of the Lenders who are Refinanced Banks shall initially be assumed by KfW IPEX-Bank GmbH as Lender on the Restatement Date.
(c) Accordingly, as a result of the above provisions, on the Restatement Date the Commitments of the Lenders shall be as set out in Part 1 of Schedule 1.
Increased Commitments of the Preferred Stock Investment Agreement is hereby amended (i) by adding the subsection reference "(a)" before the first sentence of such Section, (ii) by deleting the third sentence thereof and (iii) by adding the following as subsection (b) as follows:
Increased Commitments. (a) Commitment of RBS (comprised of an original Commitment amount of $40,000,000 plus an additional Commitment amount of $25,000,000): $65,000,000.00
(b) Commitment of Wachovia (comprised of an original Commitment amount of $40,000,000 plus an additional Commitment amount of $25,000,000): $65,000,000.00
(c) Commitment of Xxxxxxx Xxxxx (comprised of an original Commitment amount of $30,000,000 plus an additional Commitment amount of $25,000,000): $55,000,000.00
(d) Commitment of National City (comprised of an original Commitment amount of $15,000,000 plus an additional Commitment amount of $10,000,000): $25,000,000.00
(e) Commitment of U.S. Bank (comprised of an original Commitment amount of $15,000,000 plus an additional Commitment amount of $10,000,000): $25,000,000.00
Increased Commitments. With effect from and including the date this Supplement becomes effective in accordance with Section 5 hereof, the Commitment of each Bank shall be the amount set forth opposite the name of such Bank on the attached Commitment Schedule, which shall replace the existing Commitment Schedule.
Increased Commitments. If (a) Company identifies an Eligible Assignee that agrees to (1) join this Agreement as a Lender, pursuant to a joinder agreement satisfactory to Administrative Agent, with a Commitment of at least $2,500,000 and (2) join the Linked Credit Agreement (if the Linked Credit Agreement is then in effect) as a lender thereunder with a commitment thereunder pursuant to a joinder agreement satisfactory to the administrative agent under the Linked Credit Agreement (such joinder, the "Linked Joinder"), with a commitment thereunder equal to twice such Eligible Assignee's proposed Commitment and (b) after giving effect to both such joinder agreements, the Linked Commitments would not exceed $200,000,000, then Company, Lenders and Administrative Agent agree to execute and deliver an amendment to this Agreement reflecting the joinder agreement with respect to this Agreement and such Commitment; but such amendment shall be effective only upon the effectiveness of the Linked Joinder.
Increased Commitments. Pursuant to Section 2.06A of the Credit Agreement, and subject to the satisfaction of the conditions set forth in Section 5 hereof, each Increasing Lender agrees, severally and not jointly, to increase its Tranche A Revolving Credit Commitment on the Increase Effective Date by a principal amount equal to the amount set forth opposite its name in Schedule 1 hereto (each such commitment, an “Increased Commitment” and, collectively, the “Increased Commitments”), subject to the terms and conditions set forth herein. The Administrative Agent and each Lender party hereto each hereby consents to the Increased Commitments and agrees to waive the minimum time periods set forth in Section 2.06A for purposes of this Agreement and the Increased Commitments.
