Common use of Requests for Commitment Increase Clause in Contracts

Requests for Commitment Increase. Borrower may, at any time after the Closing Date, propose that the Total Commitment hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of Administrative Agent, each LC Issuing Bank and each Swingline Lender (such consent, in each case, not to be unreasonably withheld), by notice to Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Day at least three Banking Days after delivery of such notice and 30 days prior to the Maturity Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or an integral multiple of $1,000,000 in excess thereof; (B) the Total Commitment shall be increased at any time in an aggregate minimum amount of $10,000,000; (C) the aggregate amount of all Commitment Increases hereunder shall not exceed $175,000,000; (D) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (E) each representation and warranty set forth in Article IV shall be true and correct as if made on and as of the date of the Commitment Increase Date, before and after giving effect thereto and the application of the proceeds therefrom, unless such representation or warranty relates solely to another time, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Tampa Electric Co), Credit Agreement (Tampa Electric Co), Credit Agreement (Teco Energy Inc)

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Requests for Commitment Increase. Borrower may, at any time after the Closing Date, propose that the Total Commitment hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of Administrative Agent, each LC Issuing Bank and each Swingline Lender (such consent, in each case, not to be unreasonably withheld), by notice to Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Day at least three Banking Days after delivery of such notice and 30 days prior to the Maturity Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or an integral multiple of $1,000,000 in excess thereof; (B) the Total Commitment shall be increased at any time in an aggregate minimum amount of $10,000,000; (C) the aggregate amount of all Commitment Increases hereunder shall not exceed $175,000,000100,000,000; (D) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (E) each representation and warranty set forth in Article IV shall be true and correct as if made on and as of the date of the Commitment Increase Date, before and after giving effect thereto and the application of the proceeds therefrom, unless such representation or warranty relates solely to another time, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Tampa Electric Co), Credit Agreement (Tampa Electric Co), Credit Agreement (Tampa Electric Co)

Requests for Commitment Increase. The Borrower may, at any time after the Closing Date(but in no event more than three times), propose that the Total Aggregate Commitment hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person identified by the Borrower which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of the Administrative Agent, each LC Agent and the Issuing Bank and each Swingline Lender (such consent, consent in each case, case not to be unreasonably withheld), by notice to the Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Business Day at least three Banking Business Days after delivery of such notice and 30 days prior to the Maturity Commitment Termination Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 10,000,000 or an integral a larger multiple of $1,000,000 in excess thereof1,000,000; (B) the Total Commitment shall be increased at any time in an aggregate minimum amount of $10,000,000; (C) the aggregate amount of all such Commitment Increases hereunder shall not exceed $175,000,00050,000,000; (DC) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (ED) each representation the representations and warranty set forth warranties contained in Article IV this Agreement and the other Loan Documents shall be true and correct on and as of the Commitment Increase Date as if made on and as of the such date of the Commitment Increase Date(or, before and after giving effect thereto and the application of the proceeds therefrom, unless if any such representation or warranty relates solely is expressly stated to another timehave been made as of a specific date, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunderspecific date).

Appears in 3 contracts

Samples: Credit Agreement (Griffon Corp), Credit Agreement (Griffon Corp), Credit Agreement (Griffon Corp)

Requests for Commitment Increase. Borrower may, at any time after the Closing Effective Date, propose that the Total Commitment hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of Administrative Agent, each LC Issuing Bank and each Swingline Lender (such consent, in each case, not to be unreasonably withheld), by notice to Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Day at least three Banking Days after delivery of such notice and 30 days prior to the Maturity Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or an integral multiple of $1,000,000 in excess thereof; (B) the Total Commitment shall be increased at any time in an aggregate minimum amount of $10,000,000; (C) the aggregate amount of all Commitment Increases hereunder shall not exceed $175,000,000100,000,000; (D) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (E) each representation and warranty set forth in Article IV shall be true and correct as if made on and as of the date of the Commitment Increase Date, before and after giving effect thereto and the application of the proceeds therefrom, unless such representation or warranty relates solely to another time, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Tampa Electric Co), Credit Agreement (Teco Energy Inc)

Requests for Commitment Increase. The Borrower may, at any time after the Closing Date(but in no event more than three times), propose that the Total Aggregate Commitment hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person identified by the Borrower which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of the Administrative Agent, each LC Agent and the Issuing Bank and each Swingline Lender (such consent, consent in each case, case not to be unreasonably withheld), by notice to the Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Business Day at least three Banking Business Days after delivery of such notice and 30 days prior to the Maturity Commitment Termination Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 10,000,000 or an integral a larger multiple of $1,000,000 in excess thereof1,000,000; (B) the Total Commitment shall be increased at any time in an aggregate minimum amount of $10,000,000; (C) the aggregate amount of all such Commitment Increases hereunder shall not exceed $175,000,00075,000,000; (DC) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (ED) each representation the representations and warranty set forth warranties contained in Article IV this Agreement and the other Loan Documents shall be true and correct on and as of the Commitment Increase Date as if made on and as of the such date of the Commitment Increase Date(or, before and after giving effect thereto and the application of the proceeds therefrom, unless if any such representation or warranty relates solely is expressly stated to another timehave been made as of a specific date, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunderspecific date).

Appears in 1 contract

Samples: Credit Agreement (Griffon Corp)

Requests for Commitment Increase. The Borrower may, at any time after the Closing Date(but in no event more than three times), propose that the Total Aggregate Commitment hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person identified by the Borrower which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of the Administrative Agent, each LC Issuing Bank Agent and each Swingline Issuing Lender (such consent, consent in each case, case not to be unreasonably withheld), by notice to the Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Business Day at least three Banking Business Days after delivery of such notice and 30 days prior to the Maturity Commitment Termination Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 10,000,000 or an integral a larger multiple of $1,000,000 in excess thereof1,000,000; (B) the Total Commitment shall be increased at any time in an aggregate minimum amount of $10,000,000; (C) the aggregate amount of all such Commitment Increases hereunder shall not exceed $175,000,00050,000,000; (DC) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (ED) each representation the representations and warranty set forth warranties contained in Article IV this Agreement and the other Loan Documents shall be true and correct on and as of the Commitment Increase Date as if made on and as of the such date of the Commitment Increase Date(or, before and after giving effect thereto and the application of the proceeds therefrom, unless if any such representation or warranty relates solely is expressly stated to another timehave been made as of a specific date, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunderspecific date).

Appears in 1 contract

Samples: Credit Agreement (Griffon Corp)

Requests for Commitment Increase. Borrower may, at any time after the Closing Datetime, propose that the Total Commitment Commitments hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of Administrative Agent, each LC Issuing Bank and each Swingline Lender Agent (such consent, in each case, consent not to be unreasonably withheld)) and each LC Issuing Bank, by notice to Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Day at least three Banking Days after delivery of such notice and 30 days prior to the Maturity Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or an integral integeral multiple of $1,000,000 in excess thereof; (B) the Total Commitment Commitments shall be increased at any time in an aggregate minimum amount of $10,000,000; (C) the aggregate amount of all Commitment Increases hereunder shall not exceed $175,000,00050,000,000; (D) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (E) each representation and warranty set forth in Article IV shall be true and correct as if made on and as of the date of the Commitment Increase Date, before and after giving effect thereto and the application of the proceeds therefrom, unless such representation or warranty relates solely to another time, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Tampa Electric Co)

Requests for Commitment Increase. The Borrower may, at any time after the Closing Date(but in no event more than three times), propose that the Total Aggregate Commitment hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each each, an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person identified by the Borrower which shall agree to provide a Commitment hereunder (each each, an “Assuming Lender”), in each case with the consent of the Administrative Agent, each LC Issuing Bank Agent and each Swingline Issuing Lender (such consent, consent in each case, case not to be unreasonably withheld), by notice to the Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Business Day at least three Banking Business Days after delivery of such notice and 30 days prior to the Maturity Commitment Termination Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 10,000,000 or an integral a larger multiple of $1,000,000 in excess thereof1,000,000; (B) the Total Commitment shall be increased at any time in an aggregate minimum amount of $10,000,000; (C) the aggregate amount of all such Commitment Increases hereunder shall not exceed $175,000,000100,000,000; (DC) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (ED) each representation the representations and warranty set forth warranties contained in Article IV this Agreement and the other Loan Documents shall be true and correct on and as of the Commitment Increase Date as if made on and as of the such date of the Commitment Increase Date(or, before and after giving effect thereto and the application of the proceeds therefrom, unless if any such representation or warranty relates solely is expressly stated to another timehave been made as of a specific date, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunderspecific date).

Appears in 1 contract

Samples: Credit Agreement (Griffon Corp)

Requests for Commitment Increase. Borrower may, at any time after the Closing Datetime, propose that the Total Commitment Commitments hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of Administrative Agent, each LC Issuing Bank and each Swingline Lender Agent (such consent, in each case, consent not to be unreasonably withheld)) and each LC Issuing Bank, by notice to Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Day at least three Banking Days after delivery of such notice and 30 days prior to the Maturity Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or an integral multiple of $1,000,000 in excess thereof; (B) the Total Commitment Commitments shall be increased at any time in an aggregate minimum amount of $10,000,000; (C) the aggregate amount of all Commitment Increases hereunder shall not exceed $175,000,000; (D) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (E) each representation and warranty set forth in Article IV shall be true and correct as if made on and as of the date of the Commitment Increase Date, before and after giving effect thereto and the application of the proceeds therefrom, unless such representation or warranty relates solely to another time, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Tampa Electric Co)

Requests for Commitment Increase. Borrower may, at any time after the Closing Date, propose that the Total Commitment hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of Administrative Agent, each LC Issuing Bank and each Swingline Lender (such consent, in each case, not to be unreasonably withheld), by notice to Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Day at least three Banking Days after delivery of such notice and 30 days prior to the Maturity Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or an integral multiple of $1,000,000 in excess thereof; (B) the Total Commitment shall be increased at any time in an aggregate minimum amount of $10,000,000; (C) the aggregate amount of all Commitment Increases hereunder shall not exceed $175,000,000100,000,000; (D) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (E) each representation and warranty set forth in Article IV shall be true and correct as if made on and as of the date of the Commitment Increase Date, before and after giving effect thereto and the application of the proceeds therefrom, unless such representation or warranty relates solely to another time, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Tampa Electric Co)

Requests for Commitment Increase. The Borrower may, at any time after the Closing Datetime, propose that the Total Commitment hereunder Amount be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or (after all existing Lenders have been offered an opportunity to increase their then existing Commitments by the Borrower and have not agreed to so increase their then-existing Commitments in an aggregate amount equal to or exceeding the proposed Commitment Increase by the Commitment Date (as defined below)) by adding as a new Lender hereunder any Person which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of Administrative Agent, each LC Issuing Bank and each Swingline Lender Agent (such consent, in each case, consent not to be unreasonably withheld), conditioned or delayed) and each Issuing Lender, by notice to Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase, the date by which the Lenders wishing to participate in such requested Commitment Increase must commit to an increase in the amount of their respective Commitments (the “Commitment Date”) and the date on which such increase is to be effective (the “Commitment Increase Date”), which which, except in the case of the Initial Commitment Increase (as defined below), shall be a Banking Business Day at least three Banking Business Days after delivery of such notice and 30 days prior to the Maturity Date; provided that: (A) except in the case of the Initial Commitment Increase, the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or an integral multiple of $1,000,000 in excess thereof; (B) the Total Commitment Commitments shall be increased at any time in an aggregate minimum amount of $10,000,00025,000,000; (C) any Commitment Increase, when taken together with (1) the aggregate Commitment Amount as of related Commitment Increase Date before giving effect to such Commitment Increase and (2) all other secured Indebtedness of the Borrower as of the related Commitment Increase Date, does not exceed the amount of all Commitment Increases hereunder shall not exceed $175,000,000secured Indebtedness permitted in accordance with Section 7.2.1(a); (D) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (E) each representation and warranty set forth in Article IV VI shall be true and correct as if made on and as of the date of the Commitment Increase Date, before and after giving effect thereto and the application of the proceeds therefrom, unless such representation or warranty relates solely to another time, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Edison Mission Energy)

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Requests for Commitment Increase. Borrower The Company may, at any time after the Closing Datetime, propose that the Total Commitment Dollar Sub-Commitments hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Dollar Lender agree to increase its then existing Dollar Sub-Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person which shall agree to provide a Dollar Sub-Commitment hereunder (each an “Assuming Lender”), in each case with the consent of the Administrative Agent, each LC Issuing Bank Lender and each the Swingline Lender (such consent, consent in each case, case not to be unreasonably withheld), by notice to the Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Business Day at least three Banking Business Days after delivery of such notice and 30 days prior to the Maturity Dollar Sub-Commitment Termination Date; provided that: (A) the minimum amount of the Dollar Sub-Commitment of any Assuming Lender, and the minimum amount of the increase of the Dollar Sub-Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or an integral a larger multiple of $1,000,000 in excess thereof1,000,000; (B) immediately after giving effect to such Commitment Increase, the Total Commitment Dollar Sub-Commitments hereunder shall be increased at any time in an aggregate minimum amount of not exceed $10,000,000600,000,000; (C) the aggregate amount of all Commitment Increases hereunder shall not exceed $175,000,000; (D) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and; (ED) each representation the representations and warranty set forth warranties contained in Article IV this Agreement shall be true and correct on and as of the Commitment Increase Date as if made on and as of the such date of the Commitment Increase Date(or, before and after giving effect thereto and the application of the proceeds therefrom, unless if any such representation or warranty relates solely is expressly stated to another timehave been made as of a specific date, in which event such representation or warranty shall be true and correct as of such other time. No Lender specific date); and (E) immediately after giving effect to such Commitment Increase, no Dollar Lender, as a result of such Lender’s Commitment Increase, shall be obligated to become an Increasing Lender hereunderhold more than 20% of the Total Dollar Sub-Commitments.

Appears in 1 contract

Samples: Credit Agreement (Brunswick Corp)

Requests for Commitment Increase. Borrower may, at any time after the Closing Date, propose that the Total Commitment hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of Administrative Agent, each LC Issuing Bank and each Swingline Lender (such consent, in each case, not to be unreasonably withheld), by notice to Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Day at least three Banking Days after delivery of such notice and 30 days prior to the Maturity Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or an integral multiple of $1,000,000 in excess thereof; (B) the Total Commitment shall be increased at any time in an aggregate minimum amount of $10,000,000; ; (C) the aggregate amount of all Commitment Increases hereunder shall not exceed $175,000,000100,000,000; (D) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (E) each representation and warranty set forth in Article IV shall be true and correct as if made on and as of the date of the Commitment Increase Date, before and after giving effect thereto and the application of the proceeds therefrom, unless such representation or warranty relates solely to another time, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Tampa Electric Co)

Requests for Commitment Increase. Borrower may, at any time after the Closing Date, propose that the Total Commitment hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of Administrative Agent, each LC Issuing Bank and each Swingline Lender (such consent, in each case, not to be unreasonably withheld), by notice to Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Day at least three Banking Days after delivery of such notice and 30 days prior to the Maturity Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or an integral multiple of $1,000,000 in excess thereof; (B) the Total Commitment shall be increased at any time in an aggregate minimum amount of $10,000,000; (C) the aggregate amount of all Commitment Increases hereunder shall not exceed $175,000,0000; (D) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (E) each representation and warranty set forth in Article IV shall be true and correct as if made on and as of the date of the Commitment Increase Date, before and after giving effect thereto and the application of the proceeds therefrom, unless such representation or warranty relates solely to another time, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Tampa Electric Co)

Requests for Commitment Increase. Borrower may, at any time after the Closing Signing Date, propose that the Total Commitment hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of Administrative Agent, each LC Issuing Bank and each Swingline Lender (such consent, in each case, not to be unreasonably withheld), by notice to Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Day at least three Banking Days after delivery of such notice and 30 days prior to the Maturity Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 1,000,000 or an integral multiple of $1,000,000 in excess thereof; (B) the Total Commitment shall be increased at any time in an aggregate minimum amount of $10,000,0005,000,000; (C) the aggregate amount of all Commitment Increases hereunder shall not exceed $175,000,00075,000,000; (D) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (E) each representation and warranty set forth in Article IV shall be true and correct as if made on and as of the date of the Commitment Increase Date, before and after giving effect thereto and the application of the proceeds therefrom, unless such representation or warranty relates solely to another time, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Tampa Electric Co)

Requests for Commitment Increase. Borrower may, at any time after the Closing Datetime, propose that the Total Commitment Commitments hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of Administrative Agent, each LC Issuing Bank and each Swingline Lender Agent (such consent, in each case, consent not to be unreasonably withheld)) and each LC Issuing Bank, by notice to Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Day at least three Banking Days after delivery of such notice and 30 days prior to the Maturity Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or an integral multiple of $1,000,000 in excess thereof; (B) the Total Commitment Commitments shall be increased at any time in an aggregate minimum amount of $10,000,000; (C) the aggregate amount of all Commitment Increases hereunder shall not exceed $175,000,00050,000,000; (D) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (E) each representation and warranty set forth in Article IV and (at any time when the Pledge Agreement is required to be in effect) in Section 4 of the Pledge Agreement shall be true and correct as if made on and as of the date of the Commitment Increase Date, before and after giving effect thereto and the application of the proceeds therefrom, unless such representation or warranty relates solely to another time, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Tampa Electric Co)

Requests for Commitment Increase. Borrower may, at any time after the Closing Datetime, propose that the Total Commitment Commitments hereunder be increased (each such proposed increase being a “Commitment Increase”) by having an existing Lender agree to increase its then existing Commitment (each an “Increasing Lender”) and/or by adding as a new Lender hereunder any Person which shall agree to provide a Commitment hereunder (each an “Assuming Lender”), in each case with the consent of Administrative Agent, each LC Issuing Bank and each Swingline Lender Agent (such consent, in each case, consent not to be unreasonably withheld)) and each LC Issuing Bank, by notice to Administrative Agent specifying the amount of the relevant Commitment Increase, the Lender or Lenders providing for such Commitment Increase and the date on which such increase is to be effective (the “Commitment Increase Date”), which shall be a Banking Day at least three Banking Days after delivery of such notice and 30 days prior to the Maturity Date; provided that: (A) the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or an integral multiple of $1,000,000 in excess thereof; (B) the Total Commitment Commitments shall be increased at any time in an aggregate minimum amount of $10,000,000; (C) the aggregate amount of all Commitment Increases hereunder shall not exceed $175,000,00050,000,000; (D) no Inchoate Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; and (E) each representation and warranty set forth in Article IV shall be true and correct as if made on and as of the date of the Commitment Increase Date, before and after giving effect thereto and the application of the proceeds therefrom, unless such representation or warranty relates solely to another time, in which event such representation or warranty shall be true and correct as of such other time. No Lender shall be obligated to become an Increasing Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Tampa Electric Co)

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