Incremental Borrowings. (a) After the Eleventh Amendment Effective Date, the Borrower may at any time or from time to time, by notice to the Administrative Agent, request (x) one or more incremental senior secured term facilities on the terms set forth below (the “Incremental Term Facilities” and the term loans made thereunder, the “Incremental Term Loans”) and/or (y) one or more incremental senior secured revolving facilities on the terms set forth below (the “Incremental Revolving Facilities” and the revolving loans and other extensions of credit made thereunder, the “Incremental Revolving Loans;” the Incremental Revolving Facilities, together with the Incremental Term Facilities, the “Incremental Facilities;” the Incremental Revolving Loans, together with the Incremental Term Loans, the “Incremental Loans”). Each Incremental Facility shall be in an aggregate principal amount that is not less than $25,000,000 (provided, that such amount may be less than $25,000,000 if such amount represents all remaining availability under the applicable limit set forth in the next sentence). Notwithstanding anything to the contrary herein, (i) the aggregate principal amount of all Incremental Term Facilities and all Incremental Equivalent Debt shall not exceed $1,000,000,000 and (ii) the aggregate amount of all Incremental Revolving Facilities shall not exceed $200,000,000; provided that any Incremental Revolving Facility shall be effectuated as an increase of the Revolving Facility.
(b) The only conditions to the effectiveness of each series of Incremental Amendment (but not the conditions to the Revolving Lenders and Swing Line Lender making any Revolving Loan or any Swing Line Loan or the Facing Agent issuing any Letter of Credit) shall be as follows:
(i) the Incremental Facility shall rank pari passu in right of payment and of security with the Loans, (ii) immediately prior to, and after giving effect to, the incurrence of such Incremental Facility, no Unmatured Event of Default or Event of Default shall exist; provided, that with respect to any Incremental Facility incurred to finance an Investment permitted to be incurred hereunder, such Incremental Facility may be incurred irrespective of whether an Unmatured Event of Default or Event of Default shall exist, (iii) subject to the proviso below, the representations and warranties contained in the Loan Documents shall be accurate in all material respects immediately prior to, and after giving effect to, the incurrence of such Incremental F...
Incremental Borrowings. (a) At any time after the Third Amendment Effective Date, so long as no Default or Event of Default has occurred and is continuing, the Borrower may either (i) by delivery of notice to the Administrative Agent, request the establishment of one or more new term loan commitments which may be in the form of a new series of Incremental Loans or an increase in the amount of the Initial Term Loans or any then outstanding Series of Incremental Loans (such new term loan commitments or increase, the “Incremental Loan Commitments”) or (ii) by delivery of a Revolving Commitment Increase Notice to the Administrative Agent, which notice shall promptly be copied by the Administrative Agent to each Lender, request an increase in the Total Revolving Credit Commitments pursuant to a Revolving Commitment Increase Notice. The Borrower may request any such increases in an aggregate amount, together with the aggregate amount of the Revolving Offered Increase Amounts or any Incremental Loans made since the Third Amendment Effective Date, not exceeding $600,000,000, provided that, any such Revolving Offered Increase Amounts or any Incremental Loans shall be in a minimum amount of not less than $10,000,000.
Incremental Borrowings. 84 Section 2.10
Incremental Borrowings. (a) At any time after the Effective Date, so long as no Default or Event of Default has occurred and is continuing, the Borrower may, by delivery of notice to the Administrative Agent, request the establishment of one or more new term loan commitments which may be in the form of a new series of Incremental Loans or an increase in the amount of the Initial Term Loans or any then outstanding Series of Incremental Loans (such new term loan commitments or increase, the “Incremental Loan Commitments”). The Borrower may request any such increases in an aggregate amount, together with the aggregate amount of any Incremental Loans made since the Effective Date, not exceeding $70,000,000, provided that, any such Incremental Loans shall be in a minimum amount of not less than $5,000,000 and $5,000,000 increments in excess thereof.
(b) [Intentionally Omitted].
Incremental Borrowings. (i) Prior to the Facility Termination Date, upon the terms and subject to the conditions set forth herein and in the other Transaction Documents,
(x) either Borrower may, at its option from time to time, request a borrowing from the Lender; and
(y) the Lender shall honor such request for borrowing from a Borrower, such borrowing to be secured pursuant to the Security Agreements (each, an “Incremental Borrowing”); provided, however, that (i) the amount of the Incremental Borrowing shall not exceed the amount of the Sterling Equivalent of the corresponding Incremental Borrowing under the Asset Backed Loan Agreement, (ii) after giving effect to such Incremental Borrowing and the advance to the Borrower of such Loan Amount, the amount of the Outstanding Loans shall not exceed the Funding Limit; and (iii) provided, further, that after giving effect to such Incremental Borrowing and the advance to a Borrower of such Loan Amount, the representations and warranties set forth in Section 4.01 shall be true and correct as of the date of such Incremental Borrowing and the advance to a Borrower of such Loan Amount.
Incremental Borrowings. (i) Prior to the Termination Date, upon the terms and subject to the conditions set forth herein and in the other Transaction Documents,
Incremental Borrowings. 7980 SECTION 2.13. Refinancing Facilities ............................................................................................................ 8081 SECTION 2.14. Extensions of Loans ............................................................................................................... 8182 SECTION 2.15. Loan Repricing Protection ..................................................................................................... 8283 SECTION 2.16.
Incremental Borrowings. If the Company borrows money under this Agreement and such borrowing causes the aggregate amount of the Revolving Loans of any Bank outstanding under this Agreement to increase, the Company shall give the Administrative Agent written notice of the borrowing specifying the following information:
(i) The interest rate determination method selected (LIBOR or Base Rate).
(ii) The Interest Period selected. No Interest Period may be specified if the Base Rate is selected as the interest rate determination method.
(iii) The date of the borrowing, which shall be a Banking Day.
(iv) The aggregate amount of the borrowing.
(v) An identification of the Company's bank account in the United States to which the Company wishes to have the incremental funds to be advanced pursuant to the borrowing transferred, including the name and address of the bank and the account number. The foregoing notice of borrowing shall be given by 9:00 a.m. San Francisco, California, time on the Banking Day next preceding the date of the borrowing if the method of interest rate determination selected is the Base Rate and not less than three Banking Days prior to the date of the borrowing if the method of interest rate determination selected is LIBOR. Any notice of borrowing of Revolving Loans shall be given to the Administrative Agent.
Incremental Borrowings. If the Company borrows money under this Agreement and such borrowing causes the aggregate amount of the Revolving Loans of any Lender outstanding under this Agreement to increase, the Company shall give the Administrative Agent written notice of the borrowing specifying the following information:
(i) The interest rate determination method selected (LIBOR or Base Rate).
(ii) The Interest Period selected. No Interest Period may be specified if the Base Rate is selected as the interest rate determination method.
(iii) The date of the borrowing, which shall be a Banking Day.
(iv) The aggregate amount of the borrowing.
(v) An identification of the Company's bank account in the United States to which the Company wishes to have the incremental funds to be advanced pursuant to the borrowing transferred, including the name and address of the bank and the account number. The foregoing notice of borrowing shall be given by 12:00 noon New York City, time on the Banking Day of the borrowing if the method of interest rate determination selected is the Base Rate and not less than three Banking Days prior to the date of the borrowing if the method of interest rate determination selected is LIBOR. Any notice of borrowing of Revolving Loans shall be given to the Administrative Agent.
Incremental Borrowings. The obligation of each Bank to make each Revolving Loan required by a notice of borrowing given pursuant to Section 3.04(a), and the obligation of each Swingline Bank to make each Swingline Loan, shall be subject to the following conditions precedent:
