Common use of Requests for Increase by the Borrower Clause in Contracts

Requests for Increase by the Borrower. The Borrower may, at any time prior to the Revolver Termination Date, propose that the Aggregate Commitments hereunder be increased (each such proposed increase being a “Commitment Increase”) by notice to the Administrative Agent specifying each existing Lender (each an “Increasing Lender”) and/or each additional lender (each an “Assuming Lender”) that shall have agreed to an additional Commitment and the date on which such increase is to be effective (the date on which the conditions set forth in this Section 2.18(a) have been fulfilled, the “Commitment Increase Date”), which date shall be a Business Day at least three Business Days (or such lesser period as the Administrative Agent may reasonably agree) after delivery of such notice and at least 30 days prior to the Scheduled Commitment Termination Date; provided that each Lender may determine in its sole discretion whether or not it chooses to participate in a Commitment Increase; provided, further that, subject to the foregoing, each Commitment Increase shall become effective only upon satisfaction of the following conditions: (i) the minimum amount of the aggregate Commitments of the Assuming Lenders, and the increase of the Commitments of the Increasing Lenders, as part of such Commitment Increase shall be $5,000,000 or a larger multiple of $1,000,000 in excess thereof (or, in each case, in such other amounts as may be agreed by the Administrative Agent, in its sole discretion), (ii) immediately after giving effect to such Commitment Increase, the Aggregate Commitments shall not exceed $350,000,000; (iii) the Administrative Agent and the Borrower shall have consented to each Assuming Lender (which consent shall not be unreasonably withheld); (iv) each Assuming Lender shall have executed and delivered to the Administrative Agent a Xxxxxxx Supplement as contemplated by Section 10.04(a); (v) no Unmatured Event of Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; (vi) the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all material respects (other than any representation or warranty already qualified by materiality or Material Adverse Effect, which shall be 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); and (vii) the Administrative Agent shall have received on or prior to 3:00 p.m. on such Commitment Increase Date (or on or prior to a time on an earlier date specified by the Administrative Agent) a certificate of the Borrower stating that each of the applicable conditions to such Commitment Increase set forth in in this Section 2.18 has been satisfied.

Requests for Increase by the Borrower. The Borrower may, at any time prior to the Revolver Termination Datetime, propose request that the Aggregate Commitments hereunder be increased (each such proposed increase being a “Commitment Increase”) by ), upon notice to the Administrative Agent specifying (who shall promptly notify the Lenders), which notice shall specify each existing Lender (each an “Increasing Lender”) and/or each additional lender (each an “Assuming Lender”) that shall have agreed to an additional Commitment and the date on which such increase is to be effective (the date on which the conditions set forth in this Section 2.18(a) have been fulfilled, the “Commitment Increase Date”), which date shall be a Business Day at least three Business Days (or such lesser period as the Administrative Agent may reasonably agree) after delivery of such notice and at least 30 days prior to the Scheduled Commitment Termination Date; provided that each Lender may determine in its sole discretion whether or not it chooses to participate in a Commitment Increase; provided, further that, subject to the foregoing, each Commitment Increase shall become effective only upon satisfaction of the following conditions: (iA) the minimum amount of the aggregate Commitments Commitment of the any Assuming LendersLender, and the minimum amount of the increase of the Commitments Commitment of the any Increasing LendersLender, as part of such Commitment Increase shall be $5,000,000 10,000,000 or a larger multiple of $1,000,000 5,000,000 in excess thereof (or, in each case, in or such other amounts amount as may be agreed by the Administrative Agent, in its sole discretionAgent may reasonably agree),; (iiB) immediately after giving effect to such Commitment Increase, the Aggregate total Commitments of all of the Lenders hereunder shall not exceed $350,000,000150,000,000; (iiiC) each Assuming Lender shall be consented to by the Administrative Agent and the Borrower shall have consented Issuing Bank (in each case, such consent not to each Assuming Lender (which consent shall not be unreasonably withheld, delayed or conditioned); (iv) each Assuming Lender shall have executed and delivered to the Administrative Agent a Xxxxxxx Supplement as contemplated by Section 10.04(a); (vD) no Unmatured Event of Specified 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 (viE) the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all material respects (other than or, in the case of any representation or warranty portion of the representations and warranties already qualified by subject to a materiality or Material Adverse Effectqualifier, which shall be 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); and (vii) the Administrative Agent shall have received on or prior to 3:00 p.m. on such Commitment Increase Date (or on or prior to a time on an earlier date specified by the Administrative Agent) a certificate of the Borrower stating that each of the applicable conditions to such Commitment Increase set forth in in this Section 2.18 has been satisfied.

Requests for Increase by the Borrower. The Borrower may, at any time prior to the Revolver Termination Date, propose that the Aggregate Commitments hereunder be increased (each such proposed increase being a “Commitment Increase”) by notice to the Administrative Agent specifying each existing Lender (each an “Increasing Lender”) and/or each additional lender (each an “Assuming Lender”) that shall have agreed to an additional Commitment and the date on which such increase is to be effective (the date on which the conditions set forth in this Section 2.18(a) have been fulfilled, the “Commitment Increase Date”), which date shall be a Business Day at least three Business Days (or such lesser period as the Administrative Agent may reasonably agree) after delivery of such notice and at least 30 days prior to the Scheduled Commitment Termination Date; provided that each Lender may determine in its sole discretion whether or not it chooses to participate in a Commitment Increase; provided, further that, subject to the foregoing, each Commitment Increase shall become effective only upon satisfaction of the following conditions: (i) the minimum amount of the aggregate Commitments of the Assuming Lenders, and the increase of the Commitments of the Increasing Lenders, as part of such Commitment Increase shall be $5,000,000 or a larger multiple of $1,000,000 in excess thereof (or, in each case, in such other amounts as may be agreed by the Administrative Agent, in its sole discretion), (ii) immediately after giving effect to such Commitment Increase, the Aggregate Commitments shall not exceed $350,000,000125,000,000; (iii) the Administrative Agent and the Borrower shall have consented to each Assuming Lender (which consent shall not be unreasonably withheld); (iv) each Assuming Lender shall have executed and delivered to the Administrative Agent a Xxxxxxx Joinder Supplement as contemplated by Section 10.04(a); (v) no Unmatured Event of Default or Event of Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; (vi) the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all material respects (other than any representation or warranty already qualified by materiality or Material Adverse Effect, which shall be 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); and (vii) the Administrative Agent shall have received on or prior to 3:00 p.m. on such Commitment Increase Date (or on or prior to a time on an earlier date specified by the Administrative Agent) a certificate of the Borrower stating that each of the applicable conditions to such Commitment Increase set forth in in this Section 2.18 has been satisfied.