Increases of Revolving Credit Commitments. The Borrower may at any time prior to the first voluntary reduction of the Aggregate Revolving Credit Commitment Amount, and from time to time (but no more than twice in any calendar year and no more than five times in the aggregate), at its sole cost and expense, request (i) any Lender to increase (such decision to increase to be within the sole and absolute discretion of such Lender) its Revolving Credit Commitment Amount, or (ii) any other Person (each a "Proposed Lender"; each such Proposed Lender to be reasonably satisfactory to the Administrative Agent) to provide a new Revolving Credit Commitment, by submitting a supplement to this Agreement in the form of Exhibit G (each a "Revolving Credit Increase Supplement"), duly executed by the Borrower and each such Lender or Proposed Lender, as the case may be. If such Revolving Credit Increase Supplement is in all respects reasonably satisfactory to the Administrative Agent, the Administrative Agent shall execute such Revolving Credit Increase Supplement and deliver a copy thereof to the Borrower and each such Lender or Proposed Lender, as the case may be. Upon execution and delivery of such Revolving Credit Increase Supplement, (i) in the case of each such Lender, such Lender's Revolving Credit Commitment Amount shall be increased to the amount set forth in such Revolving Credit Increase Supplement, (ii) in the case of each such Proposed Lender, such Proposed Lender shall become a party hereto and shall for all purposes of the Loan Documents be deemed a "Lender" with a Revolving Credit Commitment Amount in the amount set forth in such Revolving Credit Increase Supplement, and (iii) the Borrower shall have executed and delivered to the Administrative Agent a Note for each Proposed Lender providing a new Revolving Credit Commitment; provided, however, that:
Appears in 2 contracts
Samples: Credit Agreement (Kohls Corporation), Day Credit Agreement (Kohls Corporation)
Increases of Revolving Credit Commitments. The Borrower may at any time prior to the first voluntary reduction of the Aggregate Revolving Credit Commitment Amount, and from time to time (but no more than twice in any calendar year and no more than five times in the aggregate), at its sole cost and expense, request (i) any Lender to increase (such decision to increase to be within the sole and absolute discretion of such Lender) its Revolving Credit Commitment Amount, or (ii) any other Person (each a "“Proposed Lender"”; each such Proposed Lender to be reasonably satisfactory to the Administrative Agent) to provide a new Revolving Credit Commitment, by submitting a supplement to this Agreement in the form of Exhibit G (each a "“Revolving Credit Increase Supplement"”), duly executed by the Borrower and each such Lender or Proposed Lender, as the case may be. If such Revolving Credit Increase Supplement is in all respects reasonably satisfactory to the Administrative Agent, the Administrative Agent shall execute such Revolving Credit Increase Supplement and deliver a copy thereof to the Borrower and each such Lender or Proposed Lender, as the case may be. Upon execution and delivery of such Revolving Credit Increase Supplement, (i) in the case of each such Lender, such Lender's ’s Revolving Credit Commitment Amount shall be increased to the amount set forth in such Revolving Credit Increase Supplement, (ii) in the case of each such Proposed Lender, such Proposed Lender shall become a party hereto and shall for all purposes of the Loan Documents be deemed a "“Lender" ” with a Revolving Credit Commitment Amount in the amount set forth in such Revolving Credit Increase Supplement, and (iii) the Borrower shall have executed and delivered to the Administrative Agent a Note for each Proposed Lender providing a new Revolving Credit Commitment; provided, however, that:
Appears in 2 contracts
Samples: Credit Agreement (KOHLS Corp), Credit Agreement (KOHLS Corp)
Increases of Revolving Credit Commitments. The Borrower may at any time prior to the first voluntary reduction of the Aggregate Revolving Credit Commitment Amount, and from time to time (but no more than twice in any calendar year and no more than five times in the aggregate)may, at its sole cost and expense, request (i) any Lender to increase (such decision to increase to be within the sole and absolute discretion of such Lender) its Revolving Credit Commitment Amount, or (ii) any other Person (each a "“Proposed Lender"”; each such Proposed Lender to be reasonably satisfactory to the Administrative Agent, each Swing Line Lender and each Issuing Bank) to provide a new Revolving Credit Commitment, by submitting a supplement to this Agreement in the form of Exhibit G F (each a "“Revolving Credit Increase Supplement"”), duly executed by the Borrower and each such Lender or Proposed Lender, as the case may be. If such Revolving Credit Increase Supplement is in all respects reasonably satisfactory to the Administrative Agent, each Swing Line Lender and each Issuing Bank, the Administrative Agent shall execute such Revolving Credit Increase Supplement and deliver a copy thereof to the Borrower and each such Lender or Proposed Lender, as the case may be. Upon execution and delivery of such Revolving Credit Increase Supplement, (i) in the case of each such Lender, such Lender's ’s Revolving Credit Commitment Amount shall be increased to the amount set forth in such Revolving Credit Increase Supplement, (ii) in the case of each such Proposed Lender, such Proposed Lender shall become a party hereto and shall for all purposes of the Loan Documents be deemed a "“Lender" ” with a Revolving Credit Commitment Amount in the amount set forth in such Revolving Credit Increase Supplement, and (iii) the Borrower shall have executed and delivered to the Administrative Agent a Note for each Proposed Lender providing a new Revolving Credit Commitment; provided, however, that:
Appears in 1 contract
Samples: Credit Agreement (KOHLS Corp)
Increases of Revolving Credit Commitments. (a) The Borrower parties may at any time prior to effect an increase in the first voluntary reduction aggregate of the Aggregate Revolving Credit Commitment Amount, and from time to time Commitments (but no more than twice in any calendar year and no more than five times in the aggregate), at its sole cost and expense, request a "Revolver Increase") as follows. Upon (i) any Lender to increase (such decision to increase to be within the sole and absolute discretion execution of such Lender) its Revolving Credit Commitment Amount, or (ii) any other Person (each a "Proposed Lender"; each such Proposed Lender to be reasonably satisfactory to the Administrative Agent) to provide a new Revolving Credit Commitment, by submitting a supplement signature page to this Agreement in the form of Exhibit G by an Eligible Assignee (each a "Revolving Credit Increase Supplement")or, duly executed by the Borrower and each such Lender or Proposed Lender, as the case may be. If such Revolving Credit Increase Supplement is in all respects reasonably satisfactory to the Administrative Agent, the Administrative Agent shall execute such Revolving Credit Increase Supplement and deliver a copy thereof to the Borrower and each such Lender or Proposed Lender, as the case may be. Upon execution and delivery of such Revolving Credit Increase Supplement, (i) in the case of each such an existing Lender, the execution of a new signature page evidencing an increase in such Lender's Revolving Credit Commitment Amount shall be increased to the amount set forth Commitment(s)) (in each case and in such Revolving Credit Increase Supplementcapacity, an "Increasing Lender") and acceptance thereof by the Administrative Agent and the Borrower, (ii) the execution and delivery by the Borrower of a Revolving Note or Revolving Notes in favor of the Increasing Lender for such Increasing Lender's Revolving Credit Commitment(s) and Revolving Loans (and, in the case of each such Proposed an Increasing Lender that is an existing Lender, such Proposed Lender shall become a party hereto and shall for all purposes the return of the Loan Documents be deemed a "Lender" with a its existing Revolving Credit Commitment Amount in the amount set forth in such Note or Revolving Credit Increase SupplementNotes ), and (iii) delivery of notice to the Borrower shall have executed and delivered to other Lenders by the Administrative Agent a Note for each Proposed setting forth the effective date of the addition of the Increasing Lender providing a new hereunder and the amount of such Increasing Lender's Revolving Credit CommitmentCommitment(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 Revolving Credit 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, that:(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, (y) the total unutilized Revolving Credit Commitments and Revolving Loans of all Lenders shall not exceed in the aggregate $150,000,000 and (z) the sum of (i) the amount of all unutilized Commitments hereunder and (ii) the amount of all Loans outstanding hereunder shall not exceed in the aggregate $310,000,000.
Appears in 1 contract
Increases of Revolving Credit Commitments. The Borrower may at ----------------------------------------- any time prior to the first voluntary reduction of the Aggregate Revolving Credit Commitment Amount, and from time to time (but no more than twice in any calendar year and no more than five times in the aggregate)time, at its sole cost and expense, request (i) any Lender to increase (such decision to increase to be within the sole and absolute discretion of such Lender) its Revolving Credit Commitment Amount, or (ii) any other Person Eligible Institution (each a "Proposed Lender"; each such Proposed Lender to be reasonably satisfactory to --------------- the Administrative Agent) to provide a new Revolving Credit Commitment, by submitting a supplement to this Agreement in the form of Exhibit G M (each a "Revolving Credit Increase Supplement"), duly executed by the Borrower and each ------------------------------------ such Lender or Proposed Lender, as the case may be. If such Revolving Credit Increase Supplement is in all respects reasonably satisfactory to the Administrative Agent, the Administrative Agent shall execute such Revolving Credit Increase Supplement and deliver a copy thereof to the Borrower and each such Lender or Proposed Lender, as the case may be. Upon execution and delivery of such Revolving Credit Increase Supplement, (i) in the case of each such Lender, such Lender's Revolving Credit Commitment Amount shall be increased to the amount set forth in such Revolving Credit Increase Supplement, (ii) in the case of each such Proposed Lender, such Proposed Lender shall become a party hereto and shall for all purposes of the Loan Documents be deemed a "Lender" with a Revolving Credit Commitment Amount in the amount set forth in such Revolving Credit Increase Supplement, (iii) in each case, such Proposed Lenders shall be added to Exhibit A and the Revolving Credit Commitment Amounts set forth in Exhibit A shall be adjusted accordingly by the Administrative Agent, and a new Exhibit A shall be distributed by the Administrative Agent to the Borrower and each Lender and (iiiiv) the Borrower shall have executed and delivered to the Administrative Agent a Revolving Credit Note and a Competitive Bid Note for each Proposed Lender providing a new Revolving Credit Commitment; provided, however, that:
Appears in 1 contract
Samples: Credit Agreement (Kohls Corporation)
Increases of Revolving Credit Commitments. (a) The Borrower may at any time prior parties may, after consultation with the Administrative Agent (and notice from the Administrative Agent to the first voluntary reduction Lenders), effect an increase in the aggregate amount of the Aggregate Revolving Credit Commitment Amount, and from time to time Commitments (but no more than twice in any calendar year and no more than five times in the aggregate), at its sole cost and expense, request a “Revolver Increase”) as set forth herein. Upon (i) any Lender to increase (such decision to increase to be within the sole and absolute discretion execution of such Lender) its Revolving Credit Commitment Amount, or (ii) any other Person (each a "Proposed Lender"; each such Proposed Lender to be reasonably satisfactory to the Administrative Agent) to provide a new Revolving Credit Commitment, by submitting a supplement signature page to this Agreement in the form of Exhibit G by an Eligible Assignee (each a "Revolving Credit Increase Supplement")or, duly executed by the Borrower and each such Lender or Proposed Lender, as the case may be. If such Revolving Credit Increase Supplement is in all respects reasonably satisfactory to the Administrative Agent, the Administrative Agent shall execute such Revolving Credit Increase Supplement and deliver a copy thereof to the Borrower and each such Lender or Proposed Lender, as the case may be. Upon execution and delivery of such Revolving Credit Increase Supplement, (i) in the case of each an existing Lender, the execution of a new signature page evidencing an increase in such Lender, such Lender's ’s Revolving Credit Commitment Amount shall be increased to the amount set forth Commitment(s)) (in each case and in such Revolving Credit Increase Supplementcapacity, an “Increasing Lender”) and acceptance thereof by the Administrative Agent and the Borrowers, (ii) the execution and delivery by the Borrowers of a Revolving Note or Revolving Notes in favor of the Increasing Lender for such Increasing Lender’s Revolving Credit Commitment(s) and Revolving Loans (and, in the case of each such Proposed an Increasing Lender that is an existing Lender, such Proposed Lender shall become a party hereto and shall for all purposes the return of the Loan Documents be deemed a "Lender" with a its existing Revolving Credit Commitment Amount in the amount set forth in such Note or Revolving Credit Increase SupplementNotes), and (iii) delivery of notice to the Borrower shall have executed and delivered to other Lenders by the Administrative Agent a Note for each Proposed setting forth the effective date of the addition of the Increasing Lender providing a new hereunder and the amount of such Increasing Lender’s Revolving Credit CommitmentCommitment(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 Revolving Credit 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, that:that the sum of (x) the amount of all Unutilized Revolving Credit Commitments hereunder and (y) the amount of all Loans outstanding hereunder shall not exceed in the aggregate $300,000,000. Notwithstanding any provision to the contrary herein, each Lender shall have the right, but not the obligation, to provide a portion of the Revolver Increase hereunder in proportion to its pro rata share of the aggregate Revolving Credit Commitments hereunder at the time of the request for such Revolver Increase.
Appears in 1 contract
Increases of Revolving Credit Commitments. (a) The Borrower may at any time prior parties may, after consultation with the Administrative Agent (and notice from the Administrative Agent to the first voluntary reduction Lenders), effect an increase in the aggregate amount of the Aggregate Revolving Credit Commitment Amount, and from time to time Commitments (but no more than twice in any calendar year and no more than five times in the aggregate), at its sole cost and expense, request a “Revolver Increase”) as set forth herein. Upon (i) any Lender to increase (such decision to increase to be within the sole and absolute discretion execution of such Lender) its Revolving Credit Commitment Amount, or (ii) any other Person (each a "Proposed Lender"; each such Proposed Lender to be reasonably satisfactory to the Administrative Agent) to provide a new Revolving Credit Commitment, by submitting a supplement signature page to this Agreement in the form of Exhibit G by an Eligible Assignee (each a "Revolving Credit Increase Supplement")or, duly executed by the Borrower and each such Lender or Proposed Lender, as the case may be. If such Revolving Credit Increase Supplement is in all respects reasonably satisfactory to the Administrative Agent, the Administrative Agent shall execute such Revolving Credit Increase Supplement and deliver a copy thereof to the Borrower and each such Lender or Proposed Lender, as the case may be. Upon execution and delivery of such Revolving Credit Increase Supplement, (i) in the case of each an existing Lender, the execution of a new signature page evidencing an increase in such Lender, such Lender's ’s Revolving Credit Commitment Amount shall be increased to the amount set forth Commitment(s)) (in each case and in such Revolving Credit Increase Supplementcapacity, an “Increasing Lender”) and acceptance thereof by the Administrative Agent and the Borrowers, (ii) the execution and delivery by the Borrowers of a Revolving Note or Revolving Notes in favor of the Increasing Lender for such Increasing Lender’s Revolving Credit Commitment(s) and Revolving Loans (and, in the case of each such Proposed an Increasing Lender that is an existing Lender, such Proposed Lender shall become a party hereto and shall for all purposes the return of the Loan Documents be deemed a "Lender" with a its existing Revolving Credit Commitment Amount in the amount set forth in such Note or Revolving Credit Increase SupplementNotes ), and (iii) delivery of notice to the Borrower shall have executed and delivered to other Lenders by the Administrative Agent a Note for each Proposed setting forth the effective date of the addition of the Increasing Lender providing a new hereunder and the amount of such Increasing Lender’s Revolving Credit CommitmentCommitment(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 Revolving Credit 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, that:that the sum of (x) the amount of all Unutilized Revolving Credit Commitments hereunder and (y) the amount of all Loans outstanding hereunder shall not exceed in the aggregate $500,000,000. Notwithstanding any provision to the contrary herein, each Lender shall have the right, but not the obligation, to provide a portion of the Revolver Increase hereunder in proportion to its pro rata share of the aggregate Revolving Credit Commitments hereunder at the time of the request for such Revolver Increase.
Appears in 1 contract
Increases of Revolving Credit Commitments. The Borrower may at any time prior to the first voluntary reduction of the Aggregate Revolving Credit Commitment Amount, and from time to time (but no more than twice in any calendar year and no more than five times in the aggregate), at its sole cost and expense, request (i) any Lender to increase (such decision to increase to be within the sole and absolute discretion of such Lender) its Revolving Credit Commitment Amount, or (ii) any other Person (each a "“Proposed Lender"”; each such Proposed Lender to be reasonably satisfactory to the Administrative AgentAgent and Issuing Banks) to provide a new Revolving Credit Commitment, by submitting a supplement to this Agreement in the form of Exhibit G (each a "“Revolving Credit Increase Supplement"”), duly executed by the Borrower and each such Lender or Proposed Lender, as the case may be. If such Revolving Credit Increase Supplement is in all respects reasonably satisfactory to the Administrative Agent, the Administrative Agent shall execute such Revolving Credit Increase Supplement and deliver a copy thereof to the Borrower and each such Lender or Proposed Lender, as the case may be. Upon execution and delivery of such Revolving Credit Increase Supplement, (i) in the case of each such Lender, such Lender's ’s Revolving Credit Commitment Amount shall be increased to the amount set forth in such Revolving Credit Increase Supplement, (ii) in the case of each such Proposed Lender, such Proposed Lender shall become a party hereto and shall for all purposes of the Loan Documents be deemed a "“Lender" ” with a Revolving Credit Commitment Amount in the amount set forth in such Revolving Credit Increase Supplement, and (iii) the Borrower shall have executed and delivered to the Administrative Agent a Note for each Proposed Lender providing a new Revolving Credit Commitment; provided, however, that:
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Kohls Corporation)