Increases in Commitments. (a) Subject to the terms and conditions of this Agreement, on and from the Effective Date, the Borrower may by delivering to the Administrative Agent and the Lenders a Notice of Revolving Increase in the form of Exhibit E, request increases to the Lenders’ Commitments (each such request, an “Optional Increase”); provided that:
(i) the Borrower may not request any increase to the Commitments after the occurrence and during the continuance of a Default; (ii) each Optional Increase shall be in a minimum amount of $50,000,000 and (iii) the aggregate amount of all Optional Increases shall be no more than $250,000,000.
(b) Each Lender may, but shall not be obligated to, participate in any Optional Increase, subject to the approval of each Issuing Lender and the Swingline Lender (such approval not to be unreasonably withheld), and the decision of any Lender to commit to an Optional Increase shall be at such Xxxxxx’s sole discretion and shall be made in writing. The Borrower may, at its own expense, solicit additional Commitments from third party financial institutions reasonably acceptable to the Administrative Agent, the Swingline Lender and the Issuing Lenders. Any such financial institution (if not already a Lender hereunder) shall become a party to this Agreement as a Lender, pursuant to a joinder agreement in form and substance reasonably satisfactory to the Administrative Agent and the Borrower.
(c) As a condition precedent to the Optional Increase, the Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated the effective date of the Optional Increase, signed by a Responsible Officer of the Borrower, certifying that: (i) the resolutions adopted by the Borrower approving or consenting to such Optional Increase are attached thereto and such resolutions are true and correct and have not been altered, amended or repealed and are in full force and effect, (ii) before and after giving effect to the Optional Increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects (except to the extent any such representation and warranty is qualified by materiality or reference to Material Adverse Effect, in which case, such representation and warranty shall be true and correct in all respects) on and as of the effective date of the Optional Increase, except to the extent that such representations and warranties specifically refer to an earlier date, in which c...
Increases in Commitments. Section 2.19(a) of the Existing Credit Agreement is amended by replacing it in its entirety with the following:
(a) Subject to the terms and conditions of this Agreement, on and from the Amendment No. 4 Closing Date, the Borrower may by delivering to the Administrative Agent and the Lenders a Notice of Revolving Increase in the form of Exhibit E, request increases to the Lenders’ Commitments (each such request, an “Optional Increase”); provided that: (i) the Borrower may not request any increase to the Commitments after the occurrence and during the continuance of a Default; (ii) each Optional Increase shall be in a minimum amount of $50,000,000 and (iii) the aggregate amount of all Optional Increases shall be no more than $250,000,000.”
Increases in Commitments. (a) So long as (x) no Default exists or would result after giving effect to the making of the Incremental Term Loans or Incremental Revolving Loans referred to below and the use of proceeds therefrom and (y) after giving effect to the making of the Incremental Term Loans or Incremental Revolving Loans referred to below and the use of proceeds therefrom, the Borrower would be in compliance with the financial covenants set forth in Section 8.11 (Financial Covenants) on a Pro Forma Basis as of such date and as of the last day of the most recent fiscal quarter for which financial statements have been delivered in accordance with Section 7.01(a) or (b) (Financial Statements), then upon written notice to the Administrative Agents, the Borrower may from time to time request (i) additional term loans (the "Incremental Term Loans" and the related commitments, the "Incremental Term Loan Commitments") in an aggregate principal amount not to exceed $100,000,000; provided, that any such increase shall be in an aggregate amount of $50,000,000 or any whole multiple of $1,000,000 in excess thereof, and (ii) additional revolving loans (the "Incremental Revolving Loans" and the related commitments, the "Incremental Revolving Credit Commitments") in an aggregate principal amount not to exceed $100,000,000; provided, that any such increase shall be in an aggregate amount of $10,000,000 or any whole multiple of $1,000,000 in excess thereof; provided, further, that (I) the aggregate amount of Incremental Term Loan Loans and Incremental Revolving Loans (and the respective related commitments) which may be provided hereunder shall not exceed $100,000,000 and (II) any existing Lender that may be requested to provide all or a portion of any Incremental Term Loans and related commitments or any Incremental Revolving Loans and related commitments may elect or decline, in its sole discretion, to provide any such loans and commitments. The Incremental Term Loans (A) shall rank pari passu in right of payment and right of security in respect of the Collateral with the Term Loans and (B) other than amortization, pricing and maturity date, shall have the same terms as the Term Loans existing immediately prior to the effectiveness of the amendment creating such Incremental Term Loans; provided, however, that (x) if the interest rate spreads relating to such new Incremental Term Loans exceed the Applicable Margin at any pricing level for the Term Loans (including any upfront fees or original...
Increases in Commitments. Section 2.19(a) of the Existing Credit Agreement is amended and restated by replacing the reference to “$100,000,000” where it appears therein with “$250,000,000”.
Increases in Commitments. 2.1 Commencing as of the Proceeds Receipt Date (as hereinafter defined), the Commitment of each of the Banks shall be increased from the amounts set forth, with respect to each Bank, on the signature pages of the Loan Agreement to the respective amounts set forth opposite the name of each of the Banks on Schedule A annexed hereto and the Temporary Commitment shall be increased from Five Million ($5,000,000) Dollars to Ten Million ($10,000,000) Dollars.
2.2 In order to evidence the Loans made by each of the Banks under the Commitments as amended hereby, the Borrowers shall execute and deliver to each of the Banks a new note substantially in the form attached to the Loan Agreement as Exhibit B-1, reflecting the Commitment of each Bank respectively as amended hereby, dated the Proceeds Receipt Date and otherwise duly completed (collectively, all of the above-described promissory notes are defined as the "New Bank Notes"). In order to evidence the Temporary Loans by the Temporary Lender under the Temporary Commitment as amended hereby, the Borrowers shall execute and deliver to the Temporary Lender a new note substantially in the form attached to the Loan Agreement as Exhibit B-2 reflecting the Temporary Commitment amount as amended hereby, dated the Proceeds Receipt Date and otherwise duly completed (hereinafter, the "New Temporary Note" and together with the New Bank Notes, collectively, the "New Notes"). Upon execution and delivery by the Borrowers of the New Notes, the Agent shall cause each of the Notes being replaced by a New Note to be marked "Replaced by New Note", and returned to the Borrowers.
2.3 All references in the Loan Agreement, Loan Documents and all other instruments, documents and agreements executed and delivered pursuant to any of the foregoing, to "the ratable benefit of the Banks", "pro rata", or terms of similar effect shall be deemed to refer to the ratable interests of the Banks, as their respective pro rata interests shall be adjusted to reflect the --- ---- increase in the Commitments of each of the Banks as set forth on Schedule A annexed hereto.
2.4 In order to reflect the foregoing, if necessary, the Banks shall, as of the Proceeds Receipt Date, make appropriate adjustments among themselves in order that the amount of Loans outstanding to the Borrowers from each Bank under the Loan Agreement are in principal amounts, as of the Proceeds Receipt Date, which are in the same proportion to the outstanding principal amount of all Loans...
Increases in Commitments. (a) The Applicable Borrowers, acting jointly, shall have the right at any time on or after the first anniversary of the date of this Agreement to increase the aggregate amount of the Commitments hereunder to an amount not to exceed $2,250,000,000 by causing one or more banks or other financial institutions, which may include any Lender already party to this Agreement, to become a "Lender" party to this Agreement or (in the case of any Lender already party to this Agreement) to increase the amount of such Lender's Commitment; provided that (i) the addition of any bank or other financial institution to this Agreement that is not already a Lender shall be subject to the consent of the Administrative Agent (which consent shall not be unreasonably withheld or delayed) and (ii) the Commitment of any bank or other financial institution becoming a "Lender" party to this Agreement, and any increase in the amount of the Commitment of any Lender already party to this Agreement, shall be in an amount equal to an integral multiple of $1,000,000 and not less than $10,000,000.
(b) Agreement and (ii) the date such increase is to become effective (the "Commitment Increase Date").
Increases in Commitments. (i) The Borrower may, by written notice to the Agent (who shall promptly notify the Lenders), request an increase in the Commitments (each such increase, an “Incremental Commitment”) by an aggregate amount (for all such requests) not exceeding $250,000,000; provided that (i) any such request for an increase shall be in a minimum amount of the lesser of (x) $50,000,000 (or such lesser amount as may be approved by the Agent) and (y) the entire remaining amount of increases available under this Section 2.08(e) and (ii) the Borrower shall make no more than a total of five (5) requests for increases of Commitments under this Section 2.08(e).
Increases in Commitments. Each Lender hereby increases its Commitment by the amount set forth opposite such Lender’s name on Schedule 2.01 under the heading “Commitment Increase” which results in (i) a US Commitment of such Lender equal to the amount set forth opposite such Lender’s name on Schedule 2.01 under the heading “US Commitment” and (ii) a total Commitment of such Lender and its Canadian Affiliate, if any, equal to the amount set forth opposite such Lender’s name on Schedule 2.01 under the heading “Total Commitment”.
Increases in Commitments. Section 2.17 of the Credit Agreement is hereby deleted in its entirety and replaced with “Reserved.”:
1.04. Section 12.
Increases in Commitments. The Borrower may at any time request an increase in the Facilities to a maximum of $125,000,000, subject to approval of Lenders. Any such increase in the Commitments shall be offered to the Lenders on a pro rata basis according to each Lender's existing Commitment. Each Lender will be responsible for reaching an independent decision on the proposed increase and each Lender must provide a written response to the Administrative Agent within fifteen (15) business days of the Borrower's request. In the event that the aggregate amount of the Commitments received from the existing Lenders is less than the requested increase, the Administrative Agent shall first offer the Lenders increasing their Commitments the right to further increase their Commitments. In the event that the Facilities are not increased to $125,000,000 by increases in the Commitments of the Lenders, the Borrower may offer any remaining commitment availability to a new Lender or Lenders, such Lender or Lenders to be acceptable to the Borrower and the Administrative Agent. Such new Lenders must become Lender under the Credit Agreement and shall have all of the rights and obligations of a Lender under the Loan Documents to have the same extent as if it were an original party thereto. In no event shall any of the Lenders be required to consent to a request of the Borrower to increase its Revolving Credit Commitments or obligations under the Credit Agreement.
