Common use of New Revolving Loans Clause in Contracts

New Revolving Loans. (a) Subject to the terms and conditions of this subsection 2.1.2, at any time and from time to time but prior to the Maturity Date, by written notice (each, a "Commitment Increase Notice") to Bank, Borrower may elect to request an increase in the aggregate amount of the existing Revolving Loan Commitment (any such increase, the "New Revolving Loan Commitment") by an amount not in excess of $10,000,000 in the aggregate and not less than $1,000,000 in any individual request (or such lesser amount which shall be approved by Bank or such lesser amount that shall constitute the difference between $10,000,000 and all such New Revolving Loan Commitments obtained prior to such date) and integral multiples of $1,000,000 in excess of that amount. Each Commitment Increase Notice shall specify (i) the date (each, an "Increased Revolving Loan Amount Date") on which Borrower proposes that the New Revolving Loan Commitment shall be effective, which shall be a date not less than (A) ten (10) Business Days after the date on which such Commitment Increase Notice is delivered to Bank if Bank agrees to provide such New Revolving Loan Commitment and (ii) twenty (20) Business Days after the date on which such Commitment Increase Notice is delivered to Bank if Bank declines to provide such New Revolving Loan Commitment and one or more financial institutions other than Bank (each, a "New Bank") agree to provide such New Revolving Loan Commitment and (ii) the identity of each New Bank to whom Borrower proposes any portion of such New Revolving Loan Commitments, as applicable, be allocated and the amounts of such allocations. Borrower first shall offer the New Revolving Loan Commitment to Bank and Borrower shall accept any New Revolving Loan Commitment which Bank elects to provide. Bank and each New Bank may elect or decline, in its sole discretion, to provide a New Revolving Loan Commitment. In the event Bank declines to provide all or any portion of such New Revolving Loan Commitment, Bank shall have approved each New Bank which is to provide a New Revolving Loan Commitment. In the event of any oversubscription for any New Revolving Loan Commitment Bank shall determine the final allocation amounts. Such New Revolving Loan Commitment shall become effective as of such Increased Revolving Loan Amount Date; PROVIDED THAT (1) no Incipient Default or Event of Default shall exist on such Increased Revolving Loan Amount Date before or after giving effect to such New Revolving Loan Commitment; (2) Bank and each New Bank, if any, has delivered to Borrower its written acceptance of such New Revolving Loan Commitment; (3) in the event Bank declines to provide all or any portion of such New Revolving Loan Commitment and one or more New Banks have agreed to provide such New Revolving Loan Commitment, Bank, Borrower and each New Bank shall have entered into an amended and restated credit agreement in form and substance satisfactory to each of Bank, Borrower and each New Bank amending and restating this Credit Agreement in its entirety; and (4) Borrower shall have delivered or caused to be delivered any legal opinions or other documents reasonably requested by Bank in connection with any such transaction.

New Revolving Loans. (a) Subject to the terms and conditions of this subsection 2.1.2Section 2.7, at any time and from time to time but prior to the Maturity Termination Date, by written notice (eachto the Administrative Agent, a "Commitment Increase Notice") to Bank, Borrower the Company may elect to request an increase in the aggregate amount of the existing Revolving Loan Commitment Commitments (any such increase, the "New Revolving Loan CommitmentCommitments") by an amount not in excess of $10,000,000 30,000,000 in the aggregate and not less than $1,000,000 in any individual request 5,000,000 individually (or such lesser amount which shall be approved by Bank the Administrative Agent or such lesser amount that shall constitute the difference between $10,000,000 30,000,000 and all such New Revolving Loan Commitments obtained prior to such date) and integral multiples of $1,000,000 in excess of that amount. Each Commitment Increase Notice such notice shall specify (i) the date (each, an "Increased Revolving Loan Amount Date") on which Borrower the Company proposes that the New Revolving Loan Commitment Commitments shall be effective, which shall be a date not less than (A) ten (10) Business Days after the date on which such Commitment Increase Notice notice is delivered to Bank if Bank agrees to provide such New Revolving Loan Commitment and (ii) twenty (20) Business Days after the date on which such Commitment Increase Notice is delivered to Bank if Bank declines to provide such New Revolving Loan Commitment and one or more financial institutions other than Bank (each, a "New Bank") agree to provide such New Revolving Loan Commitment Administrative Agent and (ii) the identity of each New Bank to whom Borrower the Company proposes any portion of such New Revolving Loan Commitments, as applicable, be allocated and the amounts of such allocations. Borrower first shall offer ; provided that any Bank approached to provide all or a portion of the New Revolving Loan Commitment to Bank and Borrower shall accept any New Revolving Loan Commitment which Bank elects to provide. Bank and each New Bank Commitments may elect or decline, in its sole discretion, to provide a New Revolving Loan Commitment. In Commitment and further provided that the event Bank declines to provide all or any portion of such Company first shall offer the New Revolving Loan Commitment, Bank Commitments to the existing Banks and the Company shall have approved each New Bank which is to provide a accept any New Revolving Loan CommitmentCommitment which any such Bank elects to provide. In the event of any oversubscription for any New Revolving Loan Commitment Bank Commitments the Administrative Agent shall determine the final allocation amounts. Such New Revolving Loan Commitment Commitments shall become effective as of such Increased Revolving Loan Amount Date; PROVIDED THAT provided that (1) no Incipient Default or Event of Default shall exist on such Increased Revolving Loan Amount Date before or after giving effect to such New Revolving Loan CommitmentCommitments; (2) Bank and each New Bank, if any, has delivered to Borrower its written acceptance of such the New Revolving Loan CommitmentCommitments shall be effected pursuant to one or more Joinder Agreements executed and delivered by the Company, the New Banks and the Administrative Agent and shall be subject to the requirements set forth in Section 7.6; (3) the Company shall, if applicable, make any payments required pursuant to Sections 8.4 and 5.3 in connection with the event Bank declines to provide all or any portion of such New Revolving Loan Commitment and one or more New Banks have agreed to provide such New Revolving Loan Commitment, Bank, Borrower and each New Bank shall have entered into an amended and restated credit agreement in form and substance satisfactory to each of Bank, Borrower and each New Bank amending and restating this Credit Agreement in its entiretyCommitments; and (4) Borrower the Company shall have delivered deliver or caused cause to be delivered any legal opinions or other documents reasonably requested by Bank the Administrative Agent in connection with any such transaction. No arrangement fee shall be charged by the Administrative Agent for its own account in connection with the New Revolving Loan Commitments.

New Revolving Loans. (a) Subject to the terms and conditions of this subsection 2.1.2The Company may, at any time and from time to time but prior to after the Maturity DateLiquidity Event, by written notice (eachto the Administrative Agent, a "Commitment Increase Notice") to Bank, Borrower may elect to request request, prior to the Revolving Commitment Termination Date, an increase in the aggregate amount of the existing Revolving Loan Commitment Commitments (any such increase, the "New Revolving Loan CommitmentNEW REVOLVING LOAN COMMITMENTS") by an amount not in excess of $10,000,000 in the aggregate and not less than $1,000,000 in any individual request (or such lesser amount which shall be approved by Bank or such lesser amount that shall constitute the difference between $10,000,000 and all such New Revolving Loan Commitments obtained prior to such date) and integral multiples of $1,000,000 in excess of that amount). Each Commitment Increase Notice such notice shall specify (iA) the date (each, an "Increased Revolving Loan Amount DateINCREASED REVOLVING LOAN AMOUNT DATE") on which Borrower the Company proposes that the New Revolving Loan Commitment Commitments shall be effective, which shall be a date not less than (A) ten (10) Business Days after the date on which such Commitment Increase Notice notice is delivered to Bank if Bank agrees to provide such New Revolving Loan Commitment the Administrative Agent and (iiB) twenty (20) Business Days after the date on which such Commitment Increase Notice identity of each Lender or other Person that is delivered to Bank if Bank declines to provide such New Revolving Loan Commitment and one or more financial institutions other than Bank an Eligible Assignee (each, a "New BankNEW REVOLVING LOAN LENDER", as applicable) agree to provide such New Revolving Loan Commitment and (ii) the identity of each New Bank to whom Borrower the Company proposes any portion of such New Revolving Loan Commitments, as applicable, be allocated and the amounts of such allocations. Borrower first shall offer ; provided that any Lender approached to provide all or a portion of the New Revolving Loan Commitment to Bank and Borrower shall accept any New Revolving Loan Commitment which Bank elects to provide. Bank and each New Bank Commitments may elect or decline, in its sole discretion, to provide a New Revolving Loan Commitment. In the event Bank declines to provide all or any portion of such New Revolving Loan Commitment, Bank shall have approved each New Bank which is to provide a New Revolving Loan Commitment. In the event of any oversubscription for any New Revolving Loan Commitment Bank shall determine the final allocation amounts. Such New Revolving Loan Commitment Commitments shall become effective as of such Increased Revolving Loan Amount Date; PROVIDED THAT provided that (1) no Incipient Default or Event of Default shall exist on such Increased Revolving Loan Amount Date before or after giving effect to such New Revolving Loan CommitmentCommitments; (2) Bank and each New Bank, if any, has delivered to Borrower its written acceptance of such the New Revolving Loan CommitmentCommitments shall be effected pursuant to one or more Joinder Agreements executed and delivered by the Company, the Borrowers, the New Revolving Loan Lenders and the 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); (3) the Borrowers shall, if applicable, make any payments required pursuant to Section 2.18(c) in connection with the event Bank declines to provide all or any portion of such New Revolving Loan Commitment and one or more New Banks have agreed to provide such New Revolving Loan Commitment, Bank, Borrower and each New Bank shall have entered into an amended and restated credit agreement in form and substance satisfactory to each of Bank, Borrower and each New Bank amending and restating this Credit Agreement in its entiretyCommitments; and (4) Borrower the Company shall have delivered deliver or caused cause to be delivered any legal opinions or other documents reasonably requested by Bank the Administrative Agent in connection with any such transaction. Effective upon any Increased Revolving Loan Amount Date, (a) each New Revolving Loan Commitment shall be deemed for all purposes a Revolving Commitment and each Loan made thereunder (a "NEW REVOLVING LOAN") shall be deemed, for all purposes, a Revolving Loan, and (b) each New Revolving Loan Lender shall become a Lender with respect to the New Revolving Loan Commitment and all matters relating thereto. In addition, any Revolving Loans made on or after the any Increased Revolving Loan Amount Date shall be made pro rata based on the Revolving Commitments in effect on and after such Increased Revolving Loan Amount CREDIT AND GUARANTY AGREEMENT EXECUTION 97 Date (which shall reflect the New Revolving Loan Commitments), and continuations of Eurodollar Rate Loans outstanding on such Increased Revolving Loan Amount Date shall be effected by repayment of such Eurodollar Rate Loans on the last day of the Interest Period applicable thereto and the making of new Eurodollar Rate Loans pro rata based on the Revolving Commitments in effect on and after such Increased Revolving Loan Amount Date (which shall reflect the New Revolving Loan Commitments). In the event that on any Increased Revolving Loan Amount Date there are a sufficient amount of unpaid Base Rate Loans, then the Borrowers shall make prepayments thereof and new borrowings of Base Rate Loans so that, after giving effect thereto, the Base Rate Loans outstanding on such Increased Revolving Loan Amount Date are held pro rata based on the Revolving Commitments in effect on such Increased Revolving Loan Amount Date. In the event that on any such Increased Revolving Loan Amount Date there are any Eurodollar Rate Loans outstanding, such Eurodollar Rate Loans shall remain outstanding with respect to the holders thereof until the expiration of their respective Interest Periods (unless the Borrowers elect to prepay any thereof in accordance with the applicable provisions of this Agreement), and interest on and repayments of such Eurodollar Rate Loans will be paid thereon to the respective Lenders holding such Eurodollar Rate Loans pro rata based on the respective principal amounts thereof outstanding. The Administrative Agent shall notify the Lenders promptly upon receipt of the Company's notice of each Increased Revolving Loan Amount Date and in respect thereof (y) the New Revolving Loan Commitments and the New Revolving Loan Lenders, and (z) in the case of each notice to any Lender of Revolving Loans, the respective interests in such Lender's Revolving Loans, in each case subject to the assignments contemplated by this Section. The terms, provisions and interest rate of the New Revolving Loans shall be identical to the Revolving Loans.