Common use of Request to Increase to Aggregate Commitments Clause in Contracts

Request to Increase to Aggregate Commitments. (a) In addition to its right to request borrowings in excess of the Aggregate Commitments as specified in Section 2.16(A), Borrower shall also have the right during the Availability Period to send a written request to Administrative Agent that the Aggregate Commitments be increased by adding to this Agreement one or more other committed lenders or Lender Groups with a committed lender (which may include any existing Committed Lender with the consent of such Committed Lender) (each such lender an “Additional Lender”); provided, that each such Additional Lender (and the other members of its Lender Group, if applicable) shall have entered into Joinder Agreement or other similar agreement in form and substance satisfactory to the Administrative Agent and Borrower pursuant to which such Additional Lender shall (1) undertake a Commitment (and if any such Additional Lender is an existing Committed Lender, its Commitment shall be in addition to its existing Commitment hereunder), (2) identify the other members of its Lender Group, and (3) provide the other information specified in the form of Joinder Agreement and as is requested by Administrative Agent or the Paying Agent. Such Additional Lender shall thereupon become a “Committed Lender” and the members of its Lender Group (if applicable) shall become party hereto for all purposes of this Agreement upon the effectiveness of such Joinder Agreement or other approved agreement (the date of the effectiveness of any such agreement being hereinafter referred to as the “Increased Commitment Date”).

Request to Increase to Aggregate Commitments. (a) In addition to its right to request borrowings in excess of the Aggregate Commitments Commitment as specified in Section 2.16(A2.18(A), the Borrower shall also have the right during the Availability Period to send a written request to the Administrative Agent that the Aggregate Commitments Commitment be increased by adding to this Agreement one or more other committed non-conduit lenders or Lender Groups lender groups with a committed non-conduit lender (which may include any existing Committed Lender with the consent of such Committed Non-Conduit Lender) (each such lender an “Additional Lender”); provided, that each such Additional Lender (and the other members of its Lender Groupproposed lender group, if applicable) shall have entered into Joinder an Assignment Agreement or a joinder agreement or other similar agreement in form and substance satisfactory to the Administrative Agent and Borrower pursuant to which such Additional Lender shall (1) undertake a Commitment (and if any such Additional Lender is an existing Committed Non-Conduit Lender, its such Commitment shall be in addition to its existing Commitment hereunder), (2) identify the other members of its Lender Groupproposed lender group, and (3) provide the other information specified in the Assignment Agreement or form of Joinder Agreement joinder agreement and as is requested by the Administrative Agent or the Paying Agent. Such Additional Lender shall thereupon become a “Committed Non-Conduit Lender” and the members of its Lender Group (if applicable) shall become party hereto for all purposes of this Agreement upon the effectiveness of such Joinder Assignment Agreement or form of joinder agreement or other approved agreement (the date of the effectiveness of any such agreement being hereinafter referred to as the “Increased Commitment Date”).

Request to Increase to Aggregate Commitments. (a) In addition to its right to request borrowings in excess of the Aggregate Commitments as specified in Section 2.16(A)) hereof, Borrower shall also have the right during the Availability Period to send a written request to Administrative Agent that the Aggregate Commitments be increased by adding to this Agreement one or more other committed lenders or Lender Groups with a committed lender (which may include any existing Committed Lender with the consent of such Committed Lender) (each such lender an “Additional Lender”); provided, that each such Additional Lender (and the other members of its Lender Group, if applicable) shall have entered into Joinder Agreement or other similar agreement in form and substance satisfactory to the Administrative Agent and Borrower pursuant to which such Additional Lender shall (1) undertake a Commitment (and if any such Additional Lender is an existing Committed Lender, its Commitment shall be in addition to its existing Commitment hereunder), (2) identify the other members of its Lender Group, and (3) provide the other information specified in the form of Joinder Agreement and as is requested by Administrative Agent or the Paying Agent. Such Additional Lender shall thereupon become a “Committed Lender” and the members of its Lender Group (if applicable) shall become party hereto for all purposes of this Agreement upon the effectiveness of such Joinder Agreement or other approved agreement (the date of the effectiveness of any such agreement being hereinafter referred to as the “Increased Commitment Date”).

Request to Increase to Aggregate Commitments. (a) In addition to its right to request borrowings in excess of the Aggregate Commitments Commitment as specified in Section 2.16(A)2.18(A) hereof, the Borrower shall also have the right during the Availability Period to send a written request to the Administrative Agent that the Aggregate Commitments Commitment be increased by adding to this Agreement one or more other committed non-conduit lenders or Lender Groups lender groups with a committed non-conduit lender (which may include any existing Committed Lender with the consent of such Committed Non-Conduit Lender) (each such lender an “Additional Lender”); provided, that each such Additional Lender (and the other members of its Lender Groupproposed lender group, if applicable) shall have entered into Joinder an Assignment Agreement or a joinder agreement or other similar agreement in form and substance satisfactory to the Administrative Agent and Borrower pursuant to which such Additional Lender shall (1) undertake a Commitment (and if any such Additional Lender is an existing Committed Non-Conduit Lender, its such Commitment shall be in addition to its existing Commitment hereunder), (2) identify the other members of its Lender Groupproposed lender group, and (3) provide the other information specified in the Assignment Agreement or form of Joinder Agreement joinder agreement and as is requested by the Administrative Agent or the Paying Agent. Such Additional Lender shall thereupon become a “Committed Non-Conduit Lender” and the members of its Lender Group (if applicable) shall become party hereto for all purposes of this Agreement upon the effectiveness of such Joinder Assignment Agreement or form of joinder agreement or other approved agreement (the date of the effectiveness of any such agreement being hereinafter referred to as the “Increased Commitment Date”).

Request to Increase to Aggregate Commitments. (a) In addition to its right to request borrowings in excess of the Aggregate Commitments as specified in Section 2.16(A), Borrower shall also have the right during the Availability Period to send a written request to Administrative Agent that the Aggregate Commitments be increased by adding to this Agreement one or more other committed lenders or Lender Groups with a committed lender (which may include any existing Committed Lender with the consent of such Committed Lender) (each such lender an “Additional Lender”); provided, that each such Additional Lender (and the other members of its Lender Group, if applicable) shall have entered into Joinder Agreement or other similar agreement in form and substance satisfactory to the Administrative Agent and Borrower pursuant to which such Additional Lender shall (1) undertake a Commitment (and if any such Additional Lender is an existing Committed Lender, its Commitment shall be in addition to its existing Commitment hereunder), (2) identify the other members of its Lender Group, and (3) provide the other information specified in the form of Joinder Agreement and as is requested by Administrative Agent or the Paying Agent. Such Additional Lender shall thereupon become a “Committed Lender” and the members of its Lender Group (if applicable) shall become party hereto for all purposes of this Agreement upon the effectiveness of such Joinder Agreement or other approved agreement (the date of the effectiveness of any such agreement being hereinafter referred to as the “Increased Commitment Date”). (a) On the Increased Commitment Date, each Additional Lender (or its Lender Group if applicable) shall by assignments from the other Lender Groups (which assignments shall be deemed to occur hereunder automatically, and without any requirement for additional documentation, on the Increased Commitment Date) acquire a portion of the Advances of the other Committed Lenders or Lender Groups (and the Lender Groups shall, through the Administrative Agent, make such other adjustments among themselves as shall be necessary) so that after giving effect to such assignments and adjustments each Committed Lender (or its Lender Group, as applicable) shall hold outstanding Advances hereunder ratably in accordance with their respective Commitments. (b) Notwithstanding the foregoing, any increase in the Aggregate Commitments pursuant to this Section 2.16(B) shall be effective only if: (1) the Availability Period shall not have expired; (2) no Potential Default or Event of Default shall have occurred and be continuing as of the date of the notice referred to in the foregoing clause (a) or as of the Increased Commitment Date; (3) no Borrowing Base Deficiency, Potential Default or Event of Default shall result after giving effect to such increase; and (4) Administrative Agent shall have the right to approve all Additional Lenders referred by Xxxxxxxx.