Increases of Commitments Sample Clauses
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 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 (herein so called) substantially in the form of Exhibit G or a Joinder Agreement (herein so called) substantially in the form of Exhibit H, 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. The 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 2.14, 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 2.14, the Borrower shall prepay any Loans outstanding on such date (and pay any amounts required pursuant to Section 3.05) to the extent necessary to keep outstanding Loans ratable with any revised Pro Rata Shares of the Lenders effective as of such date. This Section shall supercede any provisions in Section 2.12 or 10.01 to the contrary.
Increases of Commitments. Provided there exists no Default or Event of Default, 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 up to no more than $922,500,000. Any such Commitment 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 12.5. No Lender is obligated to increase its Commitment under any circumstances, and no Lender’s Commitment may be increased except by its execution of an amendment to this Agreement in accordance with Section 12.5. Each new Lender 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. In such case, each Lender’s Commitment Percentage shall be recalculated to reflect the new proportionate share of the revised total Commitments. Borrower shall prepay any Loans outstanding on the effective date of any Commitment Increase effected hereby (and pay any additional amounts required pursuant to Section 4.5) to the extent necessary to keep the outstanding Revolving Loans (and any funded participations by Lenders under the Swing Line Subfacility and the LC Subfacility) ratable with any revised Commitment Percentages arising from any nonratable increase in the Commitments under this Section. Additionally, on the effective date of any Commitment increase, any unfunded participations in any Swing Line Loans or LC shall be adjusted to reflect the revised Commitment Percentages. All new Revolving Loans occurring after an increase of the total Commitments shall be funded in accordance with Lender’s revised Commitment Percentages.
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. 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 $500,000,000. 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. 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)
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 Borrower may from time to ------------------------ time request any one or more of the Lenders to increase their respective Commitments or request other Persons that would be Eligible Assignees to agree to a Commitment; provided that the Aggregate Commitments may not exceed $200,000,000. Each increase in the Aggregate Commitments shall be effected by a Commitment increase agreement substantially in the form of Exhibit H or a joinder agreement substantially in the form of Exhibit I, 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. 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 Borrower and the Lenders an amended Schedule 2.01 that gives effect to such increase."
(g) Exhibits H and I, reading in their entirety as set forth in Exhibits H and I attached hereto, are added to the Credit Agreement.
(h) Clause (a) of Section 10.01 is entirely amended as follows:
(a) except as expressly contemplated by Section 2.03 or Section 2.14, extend or increase the Commitment of any Lender (or reinstate any Commitment terminated pursuant to Article VIII);"
(i) Clause (e) of Section 10.01 is entirely amended as follows:
Increases of Commitments. The Borrower may at any time and from time to time prior to December 31, 2000, at its sole cost and expense, request any one or more of the Lenders to increase (such decision to increase the Commitment of a Lender to be within the sole and absolute discretion of such Lender) its Commitment, or any other Person reasonably satisfactory to the Agent and the Issuing Bank to provide a new Commitment, by submitting an increase supplement, in the form of Exhibit K, duly executed by the Borrower and each such Lender or other Person, as the case may be (each an "Increase Supplement"). If such Increase Supplement is in all respects reasonably satisfactory to the Agent, the Agent shall execute such Increase Supplement and deliver a copy thereof to the Borrower and each such Lender or other Person, as the case may be. Upon execution and delivery of such Increase Supplement, (i) in the case of each such Lender, such Lender's Commitment shall be increased to the amount set forth in such Increase Supplement, (ii) in the case of each such other Person, such other Person shall become a party hereto and shall for all purposes of the Loan Documents be deemed a "Lender" having a Commitment Amount as set forth in such Increase Supplement, (iii) in each case, the Commitment of such Lender or such other Person, as the case may be, shall be as set forth in the applicable Increase Supplement, (iv) with respect to each remaining scheduled mandatory reduction of the Aggregate Commitment Amount set forth in Section 2.4(f), the percentage thereof shall be increased (if necessary), on a pro-rata basis, so that such remaining reductions would cause the Aggregate Commitment Amount to be reduced to zero ($0.00) on the Maturity Date; provided, however, that:
(1) immediately after giving effect thereto, the Aggregate Commitment Amount shall not have been increased pursuant to this Section 2.4 in an aggregate amount greater than $60,000,000;
(2) each such increase shall be in an amount not less than $10,000,000 or such amount plus an integral multiple of $5,000,000;
(3) the Aggregate Commitments shall not be increased on more than two occasions;
(4) if Loans would be outstanding immediately after giving effect to each such increase, then simultaneously with such increase (1) each such Lender, each such other Person and each other Lender shall be deemed to have entered into a master assignment and acceptance agreement, in form and substance substantially similar to Exhibit H, pursuant to whic...
Increases of Commitments. 22 2.13 Optional Renewal of Commitments...........................22