Common use of Request for Incremental Facility Clause in Contracts

Request for Incremental Facility. Upon notice (an “Incremental Facility Request”) to and approval (not to be unreasonably withheld or delayed) of the Administrative Agent (who shall promptly notify the existing Lenders), the Borrower may, without the consent of any Lender, request to add one or more new incremental revolving credit facilities (each an “Incremental Revolving Facility”) and/or one or more new incremental term loan facilities (each an “Incremental Term Facility”) (each Incremental Revolving Facility and Incremental Term Facility, an “Incremental Facility”) in aggregate principal amount, which when added to the aggregate principal amount of the other Incremental Debt outstanding does not exceed the Incremental Debt Cap; provided that (i) any such request for an Incremental Facility shall be in a minimum amount equal to the lesser of (x) $25,000,000 and (y) the entire amount that remains available for request under this Section 2.15, (ii) the Borrower may make a maximum of five such requests, inclusive of any requests for Incremental Commitments pursuant to Section 2.14, and (iii) unless the Administrative Agent shall agree otherwise, there shall not be more than three revolving credit facilities (including the Revolving Credit Facility, any Incremental Revolving Facilities and any Revolving Refinancing Facilities) in existence at any time (the “Maximum Number of Revolving Facilities”).

Appears in 3 contracts

Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)

AutoNDA by SimpleDocs

Request for Incremental Facility. Upon notice (an “Incremental Facility Request”) to and approval (not to be unreasonably withheld or delayed) of the Administrative Agent (who shall promptly notify the existing Lenders), the Borrower may, without the consent of any Lender, request to add one or more new an incremental revolving credit facilities facility or increase the principal amount of any existing incremental revolving facility (each an “Incremental Revolving Facility”) and/or one or more new incremental term loan facilities (each an “Incremental Term Facility”) (; each Incremental Revolving Facility and Incremental Term Facility, an “Incremental Facility”) in an aggregate principal amount, which when added to the aggregate principal amount of the other Incremental Debt outstanding does not exceed the Incremental Debt CapCap as of the effective date of the Incremental Facility; provided that (i) any such request for an Incremental Facility shall be in a minimum amount equal to the lesser of (x) $25,000,000 and (y) the entire amount that remains available for request under this Section 2.15, (ii) the Borrower may make a maximum of five such requests, inclusive of any requests for Incremental Commitments pursuant to Section 2.14, and (iii) unless the Administrative Agent shall agree otherwise, there shall not be more than three revolving credit facilities (including the Revolving Credit Facility, any 3) Incremental Revolving Facilities and any Revolving Refinancing Facilities) in existence at any time (the “Maximum Number of Revolving Facilities”).

Appears in 1 contract

Samples: Credit Agreement (Peabody Energy Corp)

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.