Incremental Term Loan Request. Each Incremental Term Loan Request from the Borrower pursuant to this Section 2.15 shall set forth the requested amount and proposed terms of the relevant Incremental Term Loans. Incremental Term Loans may be made by any existing Lender (but no existing Lender will have an obligation to make any Incremental Term Commitment) or by any other bank or other financial institution (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing such, an “Incremental Lender”); provided that (i) the Required Lenders shall have consented in writing (not to be unreasonably withheld or delayed) to such Lender’s or Additional Lender’s making such Term Loan Increase; and (ii) Borrower shall only be permitted to request all or a portion (as applicable) of the Term Loan Increase from Additional Lenders if the Borrower has offered each of the existing Lenders an opportunity to provide such Term Loan Increase and the existing Lenders have declined to provide all or a portion of the Term Loan Increase (or have not responded in writing to the Borrower within ten (10) Business Days of any such offer).
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Samples: Credit and Guaranty Agreement (Ares Commercial Real Estate Corp)
Incremental Term Loan Request. Each Incremental Term Loan Request from the Borrower pursuant to this Section 2.15 shall set forth the requested amount and proposed terms of the relevant Incremental Term Loans. Incremental Term Loans may be made by any existing Lender (but no existing Lender will have an obligation to make any Incremental Term Commitment) or by any other bank or other financial institution or (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing such, an “Incremental Lender”); provided that (i) the Required Lenders shall have consented in writing (not to be unreasonably withheld or delayed) to such Lender’s or Additional Lender’s making such Term Loan Increase; and (ii) Borrower shall only be permitted to request all or a portion (as applicable) of the Term Loan Increase from Additional Lenders if the Borrower has offered each of the existing Lenders an opportunity to provide such Term Loan Increase and the existing Lenders have declined to provide all or a portion of the Term Loan Increase (or have not responded in writing to the Borrower within ten (10) Business Days of any such offer) and (ii) for so long as any of the Required Lenders are managed or advised by X.X. Xxxxxx Investment Management Inc., the Additional Lender must be an entity advised or managed by X.X. Xxxxxx Investment Management Inc. or otherwise approved by X.X. Xxxxxx Investment Management Inc. (such approval not to be unreasonably withheld, delayed or conditioned); provided, further, that each Additional Lender, prior to becoming an Incremental Lender hereunder, shall have provided the Agents with a duly executed IRS From W-9, or such other applicable IRS Form, a fully completed Administrative Agent Questionnaire, and all “know your customer” documentation requested by the Agents.
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Samples: Credit and Guaranty Agreement (Hunt Companies Finance Trust, Inc.)
Incremental Term Loan Request. Each Incremental Term Loan Request from the Borrower pursuant to this Section 2.15 2.14 shall set forth the requested amount and proposed terms of the relevant Incremental Term Loans. Incremental Term Loans may be made by any existing Lender (but no each existing Lender will not have an obligation to make any Incremental Term Commitment, nor will the Borrower have any obligation to approach any existing lenders to provide any Incremental Term Commitment) or by any other bank or other financial institution (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing such, an “Incremental Term Lender” and, collectively, the “Incremental Lenders”); provided that (i) the Required Lenders Administrative Agent shall have consented in writing (not to be unreasonably withheld or delayed) to such Lender’s or Additional Lender’s making such Incremental Term Loan Increase; Loans to the extent such consent, if any, would be required under Section 10.07(b) for an assignment of Loans to such Lender or Additional Lender and (ii) Borrower with respect to Incremental Term Commitments, any Affiliated Lender providing an Incremental Term Commitment shall only be permitted to request all or a portion (as applicable) of the Term Loan Increase from Additional Lenders if the Borrower has offered each of the existing Lenders an opportunity to provide such Term Loan Increase and the existing Lenders have declined to provide all or a portion of the Term Loan Increase (or have not responded in writing subject to the Borrower within ten (10same restrictions set forth in Section 10.07(l) Business Days as they would otherwise be subject to with respect to any purchase by or assignment to such Affiliated Lender of any such offer)Term Loans.
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Samples: Credit Agreement (DJO Finance LLC)
Incremental Term Loan Request. Each Incremental Term Loan Request from the Borrower pursuant to this Section 2.15 shall set forth the requested amount and proposed terms of the relevant Incremental Term Loans. Incremental Term Loans may be made by any existing Lender (but no existing Lender will have an obligation to make any Incremental Term Commitment) or by any other bank or other financial institution (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing such, an “Incremental Lender”); provided that (i) the Required Lenders shall have consented in writing (not to be unreasonably withheld or delayed) to such Lender’s or Additional Lender’s making such Term Loan Increase; and (ii) Borrower shall only be permitted to request all or a portion (as applicable) of the Term Loan Increase from Additional Lenders if the Borrower has offered each of the existing Lenders an opportunity to provide such Term Loan Increase and the existing Lenders have declined to provide all or a portion of the Term Loan Increase (or have not responded in writing to the Borrower within ten (10) Business Days of any such offer); provided, further, that each Additional Lender, prior to becoming an Incremental Lender hereunder, shall have provided the Agents with a duly executed IRS From W-9, or such other applicable IRS Form, a fully completed Administrative Agent Questionnaire, and all “know your customer” documentation requested by the Agents.
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Samples: Credit and Guaranty Agreement (Ares Commercial Real Estate Corp)
Incremental Term Loan Request. Each Incremental Term Loan Request from the Borrower pursuant to this Section 2.15 2.14 shall set forth the requested amount and proposed terms of the relevant Incremental Term Loans. Incremental Term Loans may be made by any existing Lender (but no existing Lender will have an obligation to make any Incremental Term Commitment, nor will the Borrower have any obligation to approach any existing Lenders to provide any Incremental Term Commitment) or by any other bank or other financial institution or other institutional lenders (any such other bank or bank, other financial institution or other institutional lenders being called an “Additional Lender”) (each such existing Lender or Additional Lender providing suchsuch Commitment or Loan, an “Incremental Term Lender”); provided that (i) the Required Lenders Administrative Agent shall have consented in writing (not to be unreasonably withheld or delayed) to such Lender’s or Additional Lender’s making such Incremental Term Loan Increase; Loans to the extent such consent, if any, would be required under Section 10.07(b) for an assignment of Loans to such Additional Lender and (ii) Borrower with respect to Incremental Term Commitments, any Affiliated Lender providing an Incremental Term Commitment shall only be permitted to request all or a portion (as applicable) of the Term Loan Increase from Additional Lenders if the Borrower has offered each of the existing Lenders an opportunity to provide such Term Loan Increase and the existing Lenders have declined to provide all or a portion of the Term Loan Increase (or have not responded in writing subject to the Borrower within ten (10same restrictions set forth in Section 10.07(l) Business Days as they would otherwise be subject to with respect to any purchase by or assignment to such Affiliated Lender of any such offer)Term Loans.
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