Request for Increase, Etc Clause Samples

Request for Increase, Etc. Provided no Default or Event of Default has occurred and is continuing, upon notice to the Agent (which shall promptly notify the Lenders or such subset of Lenders as requested by the Borrower Agent), the Borrower Agent may, not more than two (2) times in any calendar year, request an increase in the Tranche A Revolver Commitments; provided that in no event shall the aggregate Tranche A Revolver Commitments (after giving effect to all requested increases therein) exceed $800,000,000. Any such increase in the Tranche A Revolver Commitments may be provided by, at the election of the Borrower Agent, any Lender willing to participate in such increase or, subject to the approval of the Agent, Eligible Assignees designated by the Borrower Agent that are willing to participate in such increase (each, an “Increasing Lender”) who shall become a Lender pursuant to a joinder agreement in form and substance reasonably satisfactory to the Agent, pursuant to which such Eligible Assignees shall become a party to this Loan Agreement. Any increase in the Tranche A Revolver Commitments shall be in a minimum amount of $25,000,000 and shall be on the same terms and conditions as this Loan Agreement and the other Loan Documents (except with respect to any fees that may be agreed among the Borrowers, MLPFS, the Agent and any Lender or Increasing Lender participating in connection with such increase, which amounts shall not be subject to any “pro rata sharing” provisions hereof). The Borrower Agent shall determine (A) the final allocation of such increase among Increasing Lenders and Schedule 1.1(a) attached hereto shall be automatically updated to reflect the same and (B) the effective date (the “Increase Effective Date”) of any such increase. Nothing contained herein shall constitute, or otherwise be deemed to be, a commitment on the part of any Lender to increase its Tranche A Revolver Commitment hereunder.