Common use of Increases in Availability Clause in Contracts

Increases in Availability. From time to time the Borrower and any Lender (an "Increasing Lender") may agree, with the prior written consent of the Administrative Agent and subject, in the case of a proposed permanent increase, to the provisions of Section 12.5 below, to permanently or temporarily increase such Lender's Commitment and Percentage Share, the dollar amount of any such increase to be, subject to the Maximum Aggregate Commitment limitation, in the minimum dollar amount of $5,000,000.00 and integral multiples of $1,000,000.00 in excess thereof. The Borrower and the Increasing Lender shall agree on the Adjustment Date for said increase and, if the increase is a temporary rather than permanent increase, the date on which said increase shall terminate (the "Temporary Increase Termination Date"). The Administrative Agent shall deliver to the Borrower and each of the Lenders a Commitment Schedule to be effective as of such Adjustment Date, and the Lenders shall purchase and sell among themselves Loans in amounts necessary to effect the new Percentage Shares as of such Adjustment Date. On the Temporary Increase Termination Date, if any, the aggregate amount of such Increasing Lender's Percentage Share of outstanding Advances held by the Increasing Lender in excess of its Commitment after giving effect to the termination of the subject increase shall, if but only if at such Temporary Increase Termination Date there does not exist a Default, be payable in full. If at the Temporary Increase Termination Date there exists a Default, the temporary increase of the Increasing Lender shall continue in effect and, unless otherwise agreed by 100% of the Lenders, shall be treated thereafter as a permanent increase in said Increasing Lender's Commitment.

Appears in 2 contracts

Samples: Assignment Agreement (Syncor International Corp /De/), Credit Agreement (Syncor International Corp /De/)

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Increases in Availability. From time to time the Borrower Company and any Lender (an "Increasing Lender") may agree, with the prior written consent of the Lead Administrative Agent and subject, in the case of a proposed permanent increase, to the provisions of Section 12.5 belowAgent, to permanently or temporarily increase such Lender's ’s Maximum Commitment and Primary Percentage Share, the dollar amount of any such increase to be, subject to the Maximum Aggregate Commitment Credit Limit limitation, in the minimum dollar amount of $5,000,000.00 and integral multiples of $1,000,000.00 5,000,000.00 in excess thereof. The Borrower Company and the Increasing Lender shall agree on the Adjustment Date for said increase and, if the increase is a temporary rather than permanent increase, the date on which said increase shall terminate (the "Temporary Increase Termination Date"). The Lead Administrative Agent shall deliver to the Borrower Company and each of the Lenders a Commitment Schedule to be effective as of such Adjustment Date, and the Lenders shall purchase and sell among themselves Loans in amounts necessary to effect the new Percentage Shares as of such Adjustment Date. On the Temporary Increase Termination Date, if any, Date the aggregate amount of such Increasing Lender's ’s Primary Percentage Share of outstanding Advances held by the Increasing Lender Primary Loans in excess of its Maximum Commitment after giving effect to the termination of the subject increase shall, if but only if at such Temporary Increase Termination Date there does not exist a an Event of Default or Potential Default, be payable in full. If at the Temporary Increase Termination Date there exists a an Event of Default or Potential Default, the temporary increase of the Increasing Lender shall continue in effect and, unless otherwise agreed by one hundred percent (100% %) of the Lenders, shall be treated thereafter as a permanent increase in said Increasing Lender's ’s Maximum Commitment.

Appears in 1 contract

Samples: Credit Agreement (Countrywide Credit Industries Inc)

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Increases in Availability. From time to time the Borrower Company and any Lender ------------------------- (an "Increasing Lender") “Increasing Lender”) may agree, with the prior written consent of the Managing Administrative Agent and subject, in the case of a proposed permanent increase, to the provisions of Section 12.5 belowAgent, to permanently or temporarily increase such Lender's Lender’s Aggregate Maximum Commitment and Multi-Year Facility Percentage Share and/or Short Term Facility Percentage Share, the dollar amount of any such increase to be, subject to the Maximum Aggregate Commitment Credit Limit limitation, in the minimum dollar amount of $5,000,000.00 and integral multiples of $1,000,000.00 5,000,000.00 in excess thereof. The Borrower Company and the Increasing Lender shall agree on the Adjustment Date for said increase and, if the increase is a temporary rather than permanent increase, the date on which said increase shall terminate (the "Temporary “Temporary Increase Termination Date")Date”). The Administrative Agent Company shall deliver to the Borrower Managing Administrative Agent and each of the Lenders a Commitment Schedule to be effective as of such Adjustment Date, and the Lenders shall purchase and sell among themselves Loans in amounts necessary to effect the new Percentage Shares as of such Adjustment Date. On the Temporary Increase Termination Date, if any, Date the aggregate amount of such Increasing Lender's Lender’s Multi-Year Facility Percentage Share of outstanding Advances held by the Increasing Lender Multi-Year Loans in excess of its Maximum Multi-Year Facility Commitment and/or the aggregate amount of such Increasing Lender’s Short Term Facility Percentage Share of outstanding Short Term Loans in excess of its Maximum Short Term Facility Commitment after giving effect to the termination of the subject increase shall, if but only if at such Temporary Increase Termination Date there does not exist a an Event of Default or Potential Default, be payable in full. If at the Temporary Increase Termination Date there exists a an Event of Default or Potential Default, the temporary increase of the Increasing Lender shall continue in effect and, unless otherwise agreed by one hundred percent (100% %) of the Lenders, shall be treated thereafter as a permanent increase in said Increasing Lender's Lender’s Aggregate Maximum Commitment.

Appears in 1 contract

Samples: Revolving Credit Agreement (Countrywide Credit Industries Inc)

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