New Revolving Commitments. (a) Each Person that has executed and delivered a signature page to this Refinancing Facility Agreement as a “New Revolving Lender” (the “New Revolving Lenders”) hereby agrees to (i) provide a New Revolving Commitment in the amount set forth opposite such Person’s name on Schedule 2.01 attached hereto under the heading “Revolving Commitment” (the “New Revolving Commitments”) on the terms and subject to the conditions set forth herein and in the Amended and Restated Credit Agreement, (ii) the terms of the Amended and Restated Credit Agreement and (iii) automatically convert all of its Revolving Exposure (as defined in the Existing Credit Agreement) (its “Existing Revolving Exposure”) on the Refinancing Facility Agreement Effective Date into Revolving Exposure (as defined in the Amended and Restated Credit Agreement) in an amount equal to its Existing Revolving Exposure.
(b) Subject to the terms and conditions set forth herein, effective as of the Refinancing Facility Agreement Effective Date, all Revolving Commitments in effect under the Existing Credit Agreement immediately prior to the Refinancing Facility Agreement Effective Date will be terminated. The Borrower shall, on the Refinancing Facility Agreement Effective Date, pay to the Agent, for the accounts of the Revolving Lenders with Revolving Commitments immediately prior to the Refinancing Facility Agreement Effective Date under the Existing Credit Agreement, all interest and fees accrued to the Refinancing Facility Agreement Effective Date with respect to (i) such Revolving Commitments, (ii) any outstanding Revolving Loans and (iii) any outstanding Swingline Loans.
(c) Subject to the terms and conditions set forth herein and in the Amended and Restated Credit Agreement, effective as of the Refinancing Facility Agreement Effective Date, for all purposes of the Loan Documents, (i) (x) the New Revolving Commitments shall constitute “Revolving Commitments” and “Commitments” under the Amended and Restated Credit Agreement and (y) each Revolving Loan in respect of such New Revolving Commitments shall constitute a “Revolving Loan” and a “Loan” under the Amended and Restated Credit Agreement and (ii) all Revolving Loans, Swingline Loans and Letters of Credit outstanding immediately prior to the Refinancing Facility Agreement Effective Date shall constitute Revolving Loans, Swingline Loans and Letters of Credit incurred or issued, as the case may be, pursuant to the Amended and Restated Credit Agreement, wit...
New Revolving Commitments. Each requested existing Revolving Lender shall notify the Agent in writing whether or not it agrees to increase its Revolving Commitment and, if it so agrees, provide the Agent prior to the Increased Amount Date with a copy of an increased commitment letter executed by such Lender and Borrower, substantially in the form of Exhibit H attached hereto. Each New Revolving Loan Lender that is not an existing Revolving Lender shall become a Lender pursuant to a joinder agreement substantially in the form attached as Exhibit I hereto or otherwise in form and substance satisfactory to the Agent; provided that the commitment of each such New Revolving Loan Lender shall be in a minimum amount of $10,000,000. The terms and provisions of the loans made pursuant to such New Revolving Commitments shall be identical to the existing Revolving Loans. The Agent shall promptly notify Borrower and the Revolving Lenders, including each New Revolving Loan Lender, as applicable, in writing of the final allocation of such increase and the Increased Amount Date and shall provide to such parties a revised Schedule 1.1 reflecting the final allocation of such increase.
New Revolving Commitments. Company may by written notice to Administrative Agent and Syndication Agent elect to request prior to the Revolving Commitment Termination Date, an increase to the existing Revolving Loan Commitments (any such increase, the “New Revolving Commitments”), by an aggregate amount not in excess of $20,000,000 and not less than $2,500,000 individually. Such notice shall specify (A) the date (an “Increased Amount Date”) on which Company proposes that the New Revolving Commitments shall be effective, which shall be a date not less than one Business Day after the date on which such notice is delivered to Administrative Agent and Syndication Agent and (B) the identity of each Lender or other Person that is an Eligible Assignee (each, a “New Revolving Loan Lender”) to whom Company proposes any portion of such New Revolving Commitments be allocated and the amounts of such allocations; provided that any Lender approached to provide all or a portion of such New Revolving Commitments may elect or decline, in its sole discretion, to provide a New Revolving Commitment. Such New Revolving Commitments shall become effective, as of such Increased Amount Date; provided that (1) no Default or Event of Default shall exist on the Increased Amount Date before or after giving effect to such New Revolving Commitments; (2) Holdings and its Subsidiaries shall be in pro forma compliance with each of the covenants set forth in Section 6.8 as of the last day of the most recently ended Fiscal Quarter after giving effect to such New Revolving Commitments; (3) the New Revolving Commitments shall be effected pursuant to one or more Joinder Agreements executed and delivered by Company, Syndication Agent and Administrative Agent, and each of which shall be recorded in the Register and shall be subject to the requirements set forth in Section 2.20(c); (4) Company shall make any payments required pursuant to Section 2.18(c) in connection with such New Revolving Commitments; and (5) Company shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by Administrative Agent in connection with any such transaction. On each Increased Amount Date on which the New Revolving Commitments are effected, subject to the satisfaction of the foregoing terms and conditions, (a) each of the Revolving Loan Lenders shall assign to each of the New Revolving Loan Lenders, and each of the New Revolving Loan Lenders shall purchase from each of the Revolving Loan Lenders, at the p...
New Revolving Commitments. This Agreement shall serve to satisfy the notice requirements of Section 2.22(b)
New Revolving Commitments. The New Revolving Lender has agreed (on a several and not joint basis), subject to the terms and conditions set forth herein and in the Credit Agreement, as amended by this Amendment, to provide the New Revolving Lender Commitment in the amount set forth opposite its name on Exhibit B hereto. Each Increasing Revolving Lender has agreed (on a several and not joint basis), subject to the terms and conditions set forth herein and in the Credit Agreement, as amended by this Amendment, to increase its Class C Revolving Commitment in the amount set forth opposite such Increasing Revolving Lender’s name on Exhibit A hereto and that from and after the Amendment No. 9 Effective Date its aggregate Class C Revolving Commitment shall be in the amounts set forth opposite such Increasing Revolving Lender’s name on Exhibit C hereto. For the avoidance of doubt, the aggregate principal amount of Incremental Revolving Facilities provided to the Borrower pursuant to this Amendment is $326,500,000. After giving effect to this Amendment, the aggregate amount of Incremental Revolving Facilities permitted to be obtained pursuant to Section 2.25 of the Credit Agreement is $280,000,000.
New Revolving Commitments. (a) Subject to the terms and conditions set forth herein, on the Amendment No. 6 Effective Date, each Person party hereto that executes a signature page hereto as a “New Revolving Lender” and has a New Revolving Commitment set forth opposite its name on Schedule 1.01A hereto (each, a “New Revolving Lender”) agrees, severally and not jointly, that it shall have a New Revolving Commitment in the amount set forth opposite its name on Schedule 1.01A hereto.
(b) The Borrower shall consummate the Refinancing on the Amendment No. 6 Effective Date substantially concurrently with the establishment of the New Revolving Commitments. On the Amendment No. 6 Effective Date, any Letters of Credit issued and outstanding under the Credit Agreement immediately prior to the Amendment No. 6 Effective Date shall be deemed issued under the New Revolving Commitments.
(c) Effective as of the Amendment No. 6 Effective Date, (i) the New Revolving Commitments shall constitute “Incremental Revolving Credit Commitments” and “Revolving Credit Commitments” for all purposes of the Loan Documents and (ii) each Person providing a New Revolving Commitment shall become a “Revolving Credit Lender” and a “Lender” and shall have all the rights and obligations of a Lender holding a Revolving Credit Commitment.
(d) The Administrative Agent and each of the New Revolving Lenders party hereto acknowledge and agree that this Amendment shall be deemed to constitute an Incremental Loan Request pursuant to Section 2.14(c) of the Credit Agreement.
New Revolving Commitments. The New Revolving Lender has agreed (on a several and not joint basis), subject to the terms and conditions set forth herein and in the Credit Agreement, as amended by this Amendment, to provide the New Revolving Lender Commitment in the amount set forth opposite its name on Exhibit B hereto. Each Affected Revolving Lender has agreed (on a several and not joint basis), subject to the terms and conditions set forth herein and in the Credit Agreement, as amended by this Amendment, to increase its Revolving Commitment in the amount set forth opposite such Affected Revolving Lender’s name on Exhibit A hereto and that from and after the Amendment No. 2 Effective Date its aggregate Revolving Commitment shall be in the amounts set forth opposite such Affected Revolving Lender’s name on Exhibit C hereto. For the avoidance of doubt, nothing in this Amendment shall reduce the aggregate amount of Incremental Revolving Facilities permitted to be obtained pursuant to Section 2.25 of the Credit Agreement.
New Revolving Commitments. (a) The New Revolving Commitment of each New Revolving Lender will be available to the Borrower on and after the Amendment Effective Date. The “New Revolving Commitment” of any New Revolving Lender will be the amount set forth opposite such Lender on Schedule 2.01 (as amended pursuant to Section 5 hereof) to the Credit Agreement. The obligation of each New Revolving Lender to make New Revolving Loans and to provide New Revolving Commitments on the Amendment Effective Date is subject to the satisfaction of the conditions set forth in Section 6 of this Amendment.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to (i) “Revolving Facility Commitments” shall be deemed a reference to the New Revolving Commitments contemplated hereby and (ii) “Revolving Facility Loans” shall be deemed a reference to New Revolving Loans contemplated hereby, as the case may be, except as the context may otherwise require.
New Revolving Commitments. (a) Subject to the satisfaction of the conditions in Section 4 hereof, each Amendment No. 9 Incremental Revolving Lender agrees to provide the New Revolving Commitment set forth on Schedule 2.01(c) hereto. The New Revolving Commitments provided pursuant to this Amendment and the Revolving Loans thereunder shall be subject to all of the terms in the Credit Agreement and to the conditions set forth in the Credit Agreement, and shall be entitled to all the benefits afforded by the Credit Agreement and the other Loan Documents, and shall, without limiting the foregoing, benefit equally and ratably from the Guarantees and security interests created by the Security Documents. Each Amendment No. 9
New Revolving Commitments. On the Closing Date, each Lender party hereto hereby commits to provide the commitments set forth on Schedule 2.01(c) hereto, subject to the terms and conditions set forth in the Credit Agreement.
