Optional Increase in Commitments. (i) Subject to the conditions set forth in Section 2.06(c)(ii), upon notice to the Administrative Agent (which shall promptly notify the Lenders), the Borrower may increase the Commitments then in effect by increasing the Commitment of a Lender or by causing a Person approved as a Lender by the Administrative Agent to become a Lender (each an “Additional Lender”), subject to the terms and conditions of this Section 2.06(c) (such additional Commitments, the “Additional Commitments”).
(ii) If the Borrower elects to increase the total Commitments by increasing the Commitment of a Lender, the Borrower and such Lender shall execute and deliver to the Administrative Agent an agreement substantially in the form of Exhibit H-1 (a “Commitment Increase Agreement”), and the Borrower shall deliver a new Note payable to such Lender in a principal amount equal to its Commitment after giving effect to such increase, and otherwise duly completed.
(iii) If the Borrower elects to increase the total Commitments by causing an Additional Lender to become a party to this Agreement, the Borrower and such approved Additional Lender(s) shall execute and deliver to the Administrative Agent an agreement substantially in the form of Exhibit H-2 (an “Additional Lender Agreement”), such Additional Lender(s) shall deliver to the Administrative Agent an Administrative Questionnaire, and the Borrower shall, if requested by such Additional Lender, deliver a Note payable to such Additional Lender in a principal amount equal to its Commitment, and otherwise duly completed.
(iv) Any increase in the Commitments shall be subject to the following additional conditions:
(A) such increase shall not be less than $50,000,000 unless the Administrative Agent otherwise consents, and no such increase shall be permitted if after giving effect thereto the aggregate value of all increases to the Commitments during the Availability Period would exceed $200,000,000;
(B) no Default shall have occurred and be continuing immediately prior to the effective date of such increase or after giving effect to such increase;
(C) no Lender’s Commitment may be increased without the consent of such Lender;
(D) on the effective date of such increase, no Eurodollar Borrowings shall be outstanding or if any Eurodollar Borrowings are outstanding, then the effective date of such increase shall be the last day of the Interest Period in respect of such Eurodollar Borrowings unless the Borrower pays any compensation required by S...
Optional Increase in Commitments. Section 2.10 of the Credit Agreement is hereby deleted in its entirety and [Intentionally Deleted] substituted therefor.
Optional Increase in Commitments. At any time the Companies may request the Banks by written notice to the Agent, to increase the aggregate Commitments. The Agent shall transmit such request to each Bank within one Business Day. Each Bank will have the option, in its sole discretion, to subscribe for its proportionate share of such requested increase, according to its then existing Pro Rata Share. The Banks shall respond in writing to the Companies' request through the Agent within fifteen (15) Business Days by submitting a supplement in the form of Exhibit G. Any Bank not responding within fifteen (15) Business Days shall be deemed to have declined the request. At the option of the Companies, any part of the increase not so subscribed may be assumed, within ten (10) Business Days of the Banks' response, by one or more existing Banks or assumed by other banks meeting the qualifications of an Eligible Assignee acceptable to the Agent and the Companies, which consent of the Agent shall not be unreasonably withheld, upon submission of a supplement in the form of Exhibit H-1, in the case of an existing Bank, or Exhibit H-2, in the case of a new party to this Agreement, and Schedule 2.01 shall be amended accordingly. If Commitments are reallocated as a result of a non-pro rata subscription, the Loans shall be prepaid to the extent outstandings exceed each Bank's reallocated Commitment (subject, without limitation, to Section 3.04(d) hereof).
Optional Increase in Commitments. At any time prior to the date that is forty-two (42) months after the date of this Agreement, provided no Event of Default shall have occurred and then be continuing, the Borrower may, if it so elects, increase the aggregate amount of the Commitments (subject to proviso (b) in the next sentence), either by designating a Qualified Institution not theretofore a Bank to become a Bank (such designation to be effective only with the prior written consent of the Administrative Agent, which consent will not be unreasonably withheld) and/or by agreeing with an existing Bank or Banks that such Bank’s Commitment shall be increased. Upon execution and delivery by the Borrower and such Bank or other financial institution of an instrument in form reasonably satisfactory to the Administrative Agent, such existing Bank shall have a Commitment as therein set forth or such Qualified Institution shall become a Bank with a Commitment as therein set forth and all the rights and obligations of a Bank with such a Commitment hereunder; provided that:
(a) the Borrower shall provide prompt notice of such increase to the Administrative Agent, who shall promptly notify the Banks; and
(b) the amount of such increase, together with all other increases in the aggregate amount of the Commitments pursuant to this Section 9.15 since the date of this Agreement, does not cause the Loan Amount to exceed $650,000,000.
Optional Increase in Commitments. (a) At any time prior to the Termination Date, if no Default shall have occurred and be continuing, the Borrower may, upon notice to the Administrative Agent (which shall promptly provide a copy of such notice to the Banks), propose to increase the aggregate amount of the Commitments by an amount not greater than $125,000,000 (the amount of any such increase, the "Increased Commitments"). Each Bank party to this Agreement at such time shall have the right (but no obligation), for a period of 30 days following receipt of such notice to elect by notice to the Borrower and the Administrative Agent to increase its Commitment by a principal amount which bears the same ratio to the Increased Commitments as its then Commitment bears to the aggregate Commitments then existing. Any Bank not responding within 30 days of receipt of such notice shall be deemed to have declined to increase its Commitment.
Optional Increase in Commitments. (a) Borrower may by written notice to the Administrative Agent, elect to increase the Aggregate Commitments pursuant to this Section 2.07 by an amount not in excess of $25,000,000 during the term of this Agreement (the “Maximum Increase Amount”) and not less than $5,000,000 or, if less, the remaining available portion of the Maximum Increase Amount.
Optional Increase in Commitments. At any time prior to the --------------------------------- Revolving Facility Termination Date, if no Default has occurred and is continuing, the Company shall have the option to increase the total amount of the Commitments either by (a) increasing the Commitment of one or more Banks already party to this Agreement or (b) adding a financial institution not a party hereto (a "New Bank") as a party to this Agreement. The effectiveness of -------- any such increase is subject to the satisfaction of the following conditions:
(i) that the Company shall provide prompt notice of such increase to the Administrative Agent, who shall promptly notify the other Banks;
(ii) that each Bank whose Commitment is to increase shall have agreed to such increase by a writing addressed to the Company and to the Administrative Agent;
(iii) that each New Bank shall be an Eligible Assignee;
(iv) that each New Bank shall have executed counterpart signature pages of this Agreement;
(v) the total Commitments, following such increase, shall not exceed $1,150,000,000; and
(vi) the sum of (A) all increases in Commitments pursuant to this Section 2.14 and (B) all increases in commitments under the November 1998 Credit Agreement pursuant to Section 2.14 thereof, shall not exceed $300,000,000. Upon any such increase in the Commitments of a Bank already party to this Agreement, the signature page hereto for such Bank shall be deemed to be amended to reflect such increase. If a New Bank becomes a party to this Agreement, the counterpart signatures executed by such New Bank shall indicate the Commitments of such New Bank. In case of any increase in Commitments, Schedule 2.1 shall be modified accordingly. ------------
Optional Increase in Commitments. The Company may from time to time, by means of a letter to the Administrative Agent substantially in the form of Exhibit K, request that the Aggregate U.S. Commitment or the Aggregate Canadian Commitment be increased by (a) increasing the amount of the U.S. Commitment or the Canadian Commitment, as applicable, of one or more Lenders that have agreed to such increase and/or (b) adding an Eligible Assignee as a party hereto with a U.S. Commitment or a Canadian Commitment in an amount agreed to by such Eligible Assignee; provided that (i) no Eligible Assignee shall be added as a party hereto unless such Eligible Assignee shall have been approved in writing by the Administrative Agent and, in the case of the addition of a Canadian Lender, the Canadian Agent (which approvals shall not be unreasonably withheld or delayed), (ii) the aggregate amount of all increases permitted pursuant to this Section 2.21 shall not exceed U.S.$75,000,000 (of which not more than $75,000,000 may be increases in the Aggregate U.S. Commitment and not more than $25,000,000 may be increases in the Aggregate Canadian Commitment), (iii) in no event shall Aggregate Canadian Commitment exceed the lesser of (A) U.S.$75,000,000 and (B) the amount of the Aggregate U.S. Commitment less $175,000,000 without the written consent of all Lenders, (iv) unless the Canadian Agent and all Canadian Lenders otherwise consent, no increase in the Canadian Commitment shall be made at any time that any Canadian Banker’s Acceptances or Canadian BA Equivalent Notes are outstanding; (v) at the time of any such increase and after giving effect thereto, no Event of Default or Unmatured Event of Default shall exist and (vi) both before and after giving effect to any such increase, the Company shall be in pro forma compliance with all financial covenants set forth in Section 7. Any increase in the amount of the Aggregate U.S. Commitment or the Aggregate Canadian Commitment pursuant to this Section 2.21 shall become effective three Business Days after the date on which the Administrative Agent has (or, in the case of an increase in the Aggregate Canadian Commitment, the Agents have) received and accepted the applicable increase letter in the form of Annex 1 to Exhibit K (in the case of an increase in the amount of the U.S. Commitment or Canadian Commitment of an existing Lender) or assumption letter in the form of Annex 2 to Exhibit K (in the case of the addition of an Eligible Assignee as a new Lender) or on such o...
Optional Increase in Commitments. The Company may at -------------------------------- any time, by means of a letter to the Administrative Agent and each Lender substantially in the form of Exhibit M, request that --------- the Lenders increase the combined Commitments; provided that -------- (i) such letter shall be accompanied by a certificate of the Secretary or an Assistant Secretary of the Company as to resolutions of the board of directors of the Company approving such increase and (ii) in no event shall the aggregate amount of the combined Commitments exceed $600,000,000 without the written consent of all Lenders. Each Lender shall have the option (in its sole and complete discretion) to subscribe for its proportionate share of such increase, according to its then- existing Pro Rata Share. Each Lender shall respond to the Company's request within 20 Business Days by submitting a response in the form of Attachment 1 to Exhibit M to the --------- Administrative Agent (and any Lender not responding within such period shall be deemed to have declined such request). At the option of the Company, any part of 37 45
Optional Increase in Commitments. (a) At any time prior to the Final Maturity Date, if (i) no Default shall have occurred and be continuing, and (ii) the representations and warranties of the Obligors set forth in Article 4 shall be true in all material respects (any request pursuant to this Section 2.15 being deemed, in the case of clauses (i) and (ii), to be a confirmation by the Borrower to such effect), the Borrower may, upon notice to the Administrative Agent (which shall promptly provide a copy of such notice to the Lenders), propose to increase the aggregate amount of the Revolving Credit Commitments by an amount not greater than €50,000,000 (the amount of any such increase, the “Increased Revolving Credit Commitments”), provided that after giving effect to any increase in the Revolving Credit Commitments pursuant to this Section 2.15, the aggregate Revolving Credit Commitments shall not exceed €200,000,000. Each Revolving Credit Lender party to this Agreement at such time shall have the right (but no obligation), for a period of 30 days following receipt of such notice to elect by notice to the Borrower and the Administrative Agent to increase its Revolving Credit Commitment by a principal amount which bears the same ratio to the Increased Revolving Credit Commitments as its then Revolving Credit Commitment bears to the aggregate Revolving Credit Commitments then existing. Any Lender not responding within 30 days of receipt of such notice shall be deemed to have declined to increase its Revolving Credit Commitment.
