Common use of Request for Incremental Facility Clause in Contracts

Request for Incremental Facility. So long as (i) a Collateral Shortfall (as defined in the Margin Loan Facility) has occurred and is continuing, or (ii) the Borrower has made (or, substantially concurrently with the funding under the Incremental Facility, will make) an optional or voluntary prepayment under the Margin Loan Facility pursuant to the Consent Request (as defined in the First Amendment), the Borrower may, by notice to the Lender, request (and the Lender shall provide for) the establishment of one or more new term loan commitments to increase the existing tranche of Loans (each, an “Incremental Commitment”) pursuant to an Incremental Facility for an aggregate amount (for all such requests) not exceeding $25,000,000; provided that the Incremental Commitment facility size shall not exceed the aggregate amount of the Collateral Shortfall or voluntary prepayments (as applicable) being financed by the Incremental Commitment; provided further that any such request for an Incremental Facility shall be in a minimum amount of the lesser of (x) $250,000 (or such lesser amount as may be approved by the Lender) and (y) the entire remaining amount available under this Section.”

Request for Incremental Facility. So long as (i) a Collateral Shortfall (as defined in the Margin Loan Facility) has occurred and is continuing, or (ii) the Borrower has made (or, substantially concurrently with the funding under the Incremental Facility, will make) an optional or voluntary prepayment under the Margin Loan Facility pursuant to the Consent Request (as defined in the First Amendment), the Borrower may, by notice to the Lender, request (and the Lender shall provide for) the establishment of one or more new term loan commitments to increase the existing tranche of Loans (each, an “Incremental Commitment”) pursuant to an Incremental Facility for an aggregate amount (for all such requests) not exceeding $25,000,000Facility; provided that that: (i) the Incremental Commitment facility size shall not exceed the aggregate amount of the Collateral Shortfall or voluntary prepayments (as applicable) being financed by the Incremental Commitment; provided further that (ii) any such request for an Incremental Facility shall be in a minimum amount of the lesser of (x) $250,000 (or such lesser amount as may be approved by the Lender) and (y) the entire remaining amount available under this Section; and (iii) the aggregate outstanding principal amount under all Incremental Facilities at any time shall not exceed $25,000,000.”

Request for Incremental Facility. So long as Upon notice (ian “Incremental Facility Request”) a Collateral Shortfall to and approval (as defined in not to be unreasonably withheld or delayed) of the Margin Loan Facility) has occurred and is continuing, or Administrative Agent (ii) who shall promptly notify the Borrower has made (or, substantially concurrently with the funding under the Incremental Facility, will make) an optional or voluntary prepayment under the Margin Loan Facility pursuant to the Consent Request (as defined in the First Amendmentexisting Lenders), the Borrower may, by notice to without the consent of any Lender, request to add an incremental revolving credit facility or increase the principal amount of anythe existing incremental revolving facility (and the Lender shall provide foreach anRevolving Facility (such increase, a “Incremental Revolving Facility”) the establishment of and/or one or more new incremental term loan commitments to increase the existing tranche of Loans facilities (eacheach an “Incremental Term Facility”; each Incremental Revolving Facility and Incremental Term Facility, an “Incremental CommitmentFacility”) pursuant to an Incremental Facility for in an aggregate principal amount, which when added to the aggregate principal amount (for all such requests) not exceeding $25,000,000; provided that of the other Incremental Commitment facility size shall Debt outstanding does not exceed the aggregate amount Incremental Debt Cap as of the Collateral Shortfall or voluntary prepayments (as applicable) being financed by effective date of the Incremental CommitmentFacility; provided further that any such request for an Incremental Facility shall be in a minimum amount of equal to the lesser of (x) $250,000 (or such lesser amount as may be approved by the Lender) 25,000,000 and (y) the entire remaining amount that remains available for request under this SectionSection 2.15.”

Request for Incremental Facility. So long as (i) a Collateral Shortfall (as defined in the Margin Loan Facility) has occurred and is continuing, or (ii) the Borrower has made (or, substantially concurrently with the funding under the Incremental Facility, will make) an optional or voluntary prepayment under the Margin Loan Facility pursuant Upon notice to the Consent Request Administrative Agent (as defined in who shall promptly notify the First AmendmentLenders), the Borrower may, by notice may from time to time prior to the LenderMaturity Date, request (and i) an increase in the Lender shall provide for) the establishment of one or more new term loan commitments to increase the existing tranche of Loans Aggregate Commitments (each, an “Incremental CommitmentRevolving Increase”), (ii) pursuant to establish one or more new tranches of revolving commitments denominated in Dollars and advanced to the Borrower under this Agreement (each such new tranche of revolving commitments being an “Incremental Revolving Facility”), and/or (iii) to establish one or more new tranches of term loans denominated in Dollars and advanced to the Borrower under this Agreement (each such new tranche of term loans being an “Incremental Term Loan Facility”; and together with any Incremental Revolving Increase and any Incremental Revolving Facility, each, an “Incremental Facility”); provided, that, (i) after giving effect to any Incremental Facility and the use of proceeds thereof, the aggregate Total Credit Exposures (as modified to account for an aggregate amount (for all such requestsIncremental Facility) not exceeding $25,000,000; provided that the Incremental Commitment facility size shall not exceed the aggregate amount of the Collateral Shortfall or voluntary prepayments $275,000,000 and (as applicableii) being financed by the Incremental Commitment; provided further that any such request for an Incremental Facility shall be in a minimum amount of the lesser $10,000,000 and in increments of (x) $250,000 5,000,000 in excess thereof (or such lesser amount amounts as may be approved agreed by the Lender) and (y) the entire remaining amount available under this SectionAdministrative Agent in its sole discretion).”

Request for Incremental Facility. So long as Upon written notice (ian “Incremental Facility Request”) a Collateral Shortfall (as defined in the Margin Loan Facility) has occurred and is continuing, or (ii) the Borrower has made (or, substantially concurrently with the funding under the Incremental Facility, will make) an optional or voluntary prepayment under the Margin Loan Facility pursuant to the Consent Request Administrative Agent (as defined in who shall promptly notify the First Amendmentexisting Lenders), the Borrower may, by notice without the consent of any Lender (other than, for the avoidance of doubt, any Lender extending an Incremental Facility with respect to the Lenderits decision of whether to participate in such Incremental Facility), request to incur additional Term Loans under the same Class as the Initial Term Loans funded on the Closing Date (and the Lender shall provide for) the establishment of an “Incremental Term Loan Increase”), or add one or more new tranches of term loan commitments to increase the existing tranche of Loans loans (eachtogether with any Incremental Term Loan Increase, each an “Incremental CommitmentFacility”) pursuant to an Incremental Facility for in an aggregate principal amount, which when added to the aggregate principal amount (for all such requests) of the other Incremental Debt outstanding does not exceeding $25,000,000exceed the Incremental Debt Cap; provided that the Incremental Commitment facility size shall not exceed the aggregate amount of the Collateral Shortfall or voluntary prepayments (as applicablei) being financed by the Incremental Commitment; provided further that any such request for an Incremental Facility shall be in a minimum amount of equal to the lesser of (x) $250,000 (or such lesser amount as may be approved by the Lender) 25,000,000 and (y) the entire remaining amount that remains available for request under this SectionSection 2.06 and (ii) the Borrower may make a maximum of five such requests.”