Increases of Commitments. During the period commencing on the Effective Date through and including the date that is twelve (12) months after the date of this Agreement, Kimco may from time to time request additional Commitments (“Incremental Commitments”), in minimum increments of $5,000,000 (or whole multiples of $1,000,000 in excess of $5,000,000), relating to Loans to be borrowed after the Effective Date but prior to the date that is twelve (12) months after the date of this Agreement (“Incremental Loans”) pursuant to the terms of this Section 10.8, provided that the total amount of Incremental Commitments shall be limited to $100,000,000 in the aggregate. Each such request shall, at Kimco’s discretion, offer to any Lender the opportunity to provide an Incremental Commitments and/or, with the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed) and Kimco, to any additional bank, financial institution or other entity that elects to provide an Incremental Commitment. No Lender shall have any obligation to provide an Incremental Commitment, nor shall the Administrative Agent or the Lead Arrangers have any obligation to locate banks, financial institutions or other entities willing to increase or obtain such Commitments, as applicable. The form of documentation pursuant to which any such Incremental Commitment is made and the person providing such Incremental Commitment becomes a Lender hereunder must be acceptable to Kimco and the Administrative Agent. Upon entry of such documentation, Schedule 1.1A hereof shall be automatically amended without any further action of any party to reflect the Incremental Commitments provided pursuant to such documentation. Each Lender having an Incremental Commitment agrees to make Incremental Loans to Kimco, in an aggregate principal amount not to exceed its Incremental Commitment on the applicable Borrowing Date, subject to the following conditions:
(a) Each of the representations and warranties made by Kimco in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the applicable Borrowing Date as if made on and as of such date except for representations and warranties expressly stated to relate to a specific earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date; and
(i) No Default or Event of Default shall have occurred and be continuing on the date of such increase or after giving ef...
Increases of Commitments. The Borrower may from time to time request that any one or more of the Lenders increase their respective Commitments or request that other Persons that are Eligible Assignees, agree to make a new Commitment; provided that the aggregate amount of such increases and new Commitments may not exceed $500,000,000. Each increased or new Commitment resulting in an increase in the aggregate Commitments shall be effected by a Commitment Increase Agreement (herein so called) substantially in the form of Exhibit D or a Joinder Agreement (herein so called) substantially in the form of Exhibit E, as applicable, executed by the Borrower, the Administrative Agent and the existing Lender that has agreed to increase its Commitment or the new Lender that has agreed to a new Commitment, as the case may be. Notwithstanding the foregoing, no increase in the Commitments (or in the Commitment of any Lender) shall become effective under this paragraph unless, (i) on the proposed date of the effectiveness of such increase, (A) the conditions set forth in paragraphs (a) and (b) of Section 4.02 shall be satisfied or waived by the Required Lenders and the Administrative Agent shall have received a certificate to that effect dated such date and executed by a Financial Officer of the Borrower and (B) the Borrower shall be in compliance (on a pro forma basis) with the covenants contained in Section 6.10 and (ii) the Administrative Agent shall have received documents consistent with those delivered on the Effective Date as to the corporate power and authority of the Borrower to borrow hereunder after giving effect to such increase. None of the Lenders shall be obligated to increase its Commitment. Promptly following each increase of the aggregate Commitments pursuant to this Section 2.20, the Administrative Agent shall deliver to the Borrower and the Lenders an amended Schedule 2.01 that gives effect to such increase. Concurrently with each increase in the aggregate Commitments pursuant to this Section 2.20, the Borrower shall prepay any Loans outstanding on such date (and pay any amounts required pursuant to Section 2.16) to the extent necessary to keep outstanding Loans ratable with any revised Applicable Percentages of the Lenders effective as of such date. This Section shall supersede any provisions in Section 2.18 or 9.02 to the contrary.
Increases of Commitments. Borrower may from time to time request any one or more Lenders to increase their respective Commitments or request other financial institutions first approved by Administrative Agent to agree to a Commitment, so that the total Commitments may be increased to no more than $400,000,000. That increase must be effected by an amendment that is executed in accordance with SECTION 12.5 by Borrower, Administrative Agent, and the one or more Lenders who have agreed to increase their Commitments or by new Lenders who have agreed to new Commitments in accordance with SECTION 12.
Increases of Commitments. (a) Upon (i) the execution of a signature page to this Agreement by an Eligible Assignee (or, in the case of an existing Lender, the execution of a new signature page evidencing an increase in such Lender's Commitment(s)) (in each case and in such capacity, an "Increasing Lender") and acceptance thereof by the Administrative Agent and the Borrower, (ii) the execution and delivery by the Borrower of a Note or Notes in favor of the Increasing Lender for such Increasing Lender's Commitment(s) and Loans (and, in the case of an Increasing Lender that is an existing Lender, the return of its existing Note or Notes ), and (iii) delivery of notice to the other Lenders by the Administrative Agent setting forth the effective date of the addition of the Increasing Lender hereunder and the amount and Class of such Increasing Lender's Commitment(s), such Increasing Lender shall, without the necessity of any further action by any other Lender or Agent, be for all purposes a Lender party to this Agreement to the same extent as if it were an original party hereto with Commitment(s) as set forth on the signature page executed by the Increasing Lender (or, in the case of Increasing Lender that is an existing Lender, such new signature page executed by such Increasing Lender); provided, however, (x) no Lender may increase its total Commitments and Loans hereunder to the extent that such Lender (without any other Lender) would have sufficient Commitments and Loans to take action hereunder as, or direct that action be taken hereunder on behalf of, the Required Lenders and (y) the total unutilized Commitments and Loans of all Lenders shall not exceed in the aggregate $175,000,000.
(b) In the event that on the effective date of the Commitment(s) of a Increasing Lender (x) such Lender is assuming a Revolving Credit Commitment (or, in the case of an Increasing Lender that is an existing Lender, an increase in such Lender's Revolving Credit Commitment) and (y) any Revolving Loans are then outstanding, the Increasing Lender shall purchase a pro rata participating interest in the Revolving Loans of each of the other Lenders of such Class. If breakage costs for LIBOR Loans would result from such purchases, to the extent Revovling Loans are outstanding as Base Rate Loans, such Increasing Lender shall first purchase its participating interest in Base Rate Loans, but to the extent a Increasing Lender purchases a participation in LIBOR Loans pursuant to this Section 2.21(b), any breakage ...
Increases of Commitments. Section 2.10 of the Credit Agreement is hereby amended by deleting the heading of such Section and substituting therefor a heading reading "Reduction and Increase of the Commitments" and adding at the end thereof the following clause (c):
Increases of Commitments. 22 2.13 Optional Renewal of Commitments...........................22
Increases of Commitments. At any time, the Borrower may request that the Aggregate Commitment be increased; PROVIDED that, without the prior written consent of all of the Lenders, (i) the Aggregate Commitment shall at no time exceed $75,000,000 MINUS the aggregate amount of all reductions in the Aggregate Commitment previously made pursuant to SECTION 2.4(A) and (ii) the Borrower shall not make any such request during the six month period following any reduction in the Aggregate Commitment occurring under SECTION 2.4(A). Such request shall be made in a written notice given to the Agent and the Lenders by the Borrower not less than twenty (20) Business Days prior to the proposed effective date of such increase, which notice (a "COMMITMENT INCREASE NOTICE") shall specify the amount of the proposed increase in the Aggregate Commitment and the proposed effective date of such increase. On or prior to the date that is fifteen (15) Business Days after receipt of the Commitment Increase Notice, each Lender shall submit to the Agent a notice indicating the maximum amount by which it is willing to increase its Commitment in connection with such Commitment Increase Notice (any such notice to the Agent being herein a "LENDER
Increases of Commitments. The Parent Borrower may from time to time request that any one or more of the Lenders increase their respective Commitments or request that other Persons that would be Eligible Assignees agree to make a new Commitment; provided that the Aggregate Commitments may not exceed $350,000,000. Each increased or new Commitment resulting in an increase in the Aggregate Commitments shall be effected by a Commitment increase agreement substantially in the form of Exhibit I or a joinder agreement substantially in the form of Exhibit J, as applicable, executed by the Borrowers, the Administrative Agent and the existing Lender that has agreed to increase its Commitment or the new Lender that has agreed to a new Commitment, as the case may be. Each Borrower agrees to execute and deliver such other documents and instruments as the Administrative Agent may reasonably request in connection with any increase of the Aggregate Commitments. None of the Lenders shall be obligated to increase its Commitment. Promptly following each increase of the Aggregate Commitments pursuant to this Section, the Administrative Agent shall deliver to the Borrowers and the Lenders an amended Schedule 2.01 that gives effect to such increase.
Increases of Commitments. (a) Upon notice to Administrative Agent (which shall promptly notify Revolver Lenders), Borrower may from time to time, request an increase in the Revolver Commitment of up to $50,000,000, resulting in an increased Revolver Commitment of up to $175,000,000; provided that (i) any request for an increase in the Revolver Commitment shall be in an amount not less than $10,000,000 and (ii) no more than two requests for an increased Revolver Commitment may be made. At the time of sending such notice, Borrower (in consultation with Administrative Agent) shall specify the time period within which each Revolver Lender is requested to respond (which shall in no event be less than ten Business Days from the date of delivery of such notice to Revolver Lenders). Each Revolver Lender shall notify Administrative Agent within such time period whether or not it agrees to increase its Committed Sum under the Revolver Facility, and, if so, whether by an amount equal to, greater than, or less than its Commitment Percentage of such requested increase. Any Revolver Lender not responding within such time period shall be deemed to have declined to increase its Committed Sum under the Revolver Facility. Administrative Agent shall notify Borrower and each Revolver Lender of Revolver Lenders' responses to each request made hereunder. To achieve the full amount of a requested increase, the Borrower may also invite additional Eligible Assignees to become Revolver Lenders. Any increase in the Revolver Commitment must be effected by an amendment that is executed in accordance with Section 13.11 by Borrower, Administrative Agent, and the one or more Revolver Lenders who have agreed to increase their Committed Sums or by new Lenders who have agreed to new Committed Sums in accordance with Section 13.11.
(b) If any Committed Sums under the Revolver Facility are increased in accordance with this Section, Administrative Agent and Borrower shall determine the effective date of such increase (the "Increase Effective Date"). Administrative Agent and Borrower shall promptly notify Revolver Lenders of the final allocation of such increase and the Increase Effective Date. As a condition precedent to such increase, Borrower shall deliver to the Administrative Agent (i) a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Revolver Lender) signed by a Responsible Officer of such Loan Party (A) certifying and attaching the resolutions adopted by such ...
Increases of Commitments. The Borrowers may from time to time request one or more Lenders to increase their respective Commitments or request one or more Eligible Assignees to agree to a Commitment, in each case in a minimum amount of $5,000,000; provided that the Total Commitment may not exceed $210,000,000. Such increase or agreement shall be effected by a Commitment increase agreement substantially in the form of Exhibit F-1 or a joinder agreement substantially in the form of Exhibit F-2, as applicable. In the event the Total Commitment is increased, the Borrowers shall execute and deliver to each Lender extending such additional Commitment a Note in the stated amount of its new or increased Commitment, upon the request of such Lender. No Lender is obligated to increase its Commitment under any circumstances, and no Lender's Commitment may be increased pursuant to this Section 2.14 except by its execution of an agreement substantially in accordance with this Section 2.14. Each Eligible Assignee providing such additional Commitment shall be a "Lender" hereunder, entitled to the rights and benefits, and subject to the duties, of a Lender under the Loan Documents. Each Lender responsible for an additional Commitment (an "Increasing Lender") shall, on the Business Day designated by the Administrative Agent, make Loans pro rata to the Borrowers, through the Agent, in an aggregate amount equal to such Increasing Lender's pro rata share (after giving effect to the increase in the Total Commitment)
