Requests for Commitment Increase by Borrower Clause Samples

Requests for Commitment Increase by Borrower. The Borrower may, at any time, request that the Commitment hereunder be increased (a “Commitment Increase”), upon notice to the Lender which notice shall specify the date on which such increase is requested to be effective (the “Commitment Increase Date”), which shall be a Business Day at least ten Business Days (or such lesser period as the Lender may reasonably agree) after delivery of such notice and 30 days prior to the Maturity Date; provided that: (i) immediately after giving effect to such Commitment Increase, the total Commitment of the Lender hereunder shall not exceed $50,000,000; (ii) no Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; (iii) the representations and warranties contained in this Agreement shall be true and correct in all material respects (or, in the case of any portion of the representations and warranties already subject to a materiality qualifier, true and correct in all respects) on and as of the Commitment Increase Date as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date); (iv) the Lender shall have received such other documents and opinions, if any, as it shall have reasonably requested; and (v) no such Commitment Increase shall be effective until and unless accepted and acknowledged, in writing, by the Lender, which acceptance may be withheld in whole or in part in the Lender’s sole and absolute discretion.