Common use of Requests Clause in Contracts

Requests. Borrower may, from time to time by written notice to Administrative Agent, no later than fifteen (15) days prior to the effectiveness of any such facility (each, an “Incremental Facility Request”), request one or more increases in the Term A-1 Commitment or Term B Commitment or one or more tranches of new term loans denominated in dollars (the “Incremental Term Loan Commitment” and the term loans thereunder, each an “Incremental Term Loan”; the Incremental Term Loans are sometimes referred to herein individually as an “Incremental Loan” and, collectively, as the “Incremental Loans”; the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”) in an aggregate principal amount not to exceed $60,000,000; provided that no commitment of any Lender shall be increased without the consent of such Lender. Such Incremental Facility Request shall set forth (A) the amount of the Incremental Term Loan Commitment being requested (which shall be in a minimum amount of $5,000,000 and multiples of $100,000 in excess thereof), (B) the date (an “Incremental Effective Date”) on which such Incremental Facility is requested to become effective (which shall not be (a) unless otherwise agreed by Administrative Agent, less than fifteen (15) days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agree), and (C) whether the related Incremental Loan is initially to be a SOFR Loan or a Base Rate Loan (and, if a SOFR Loan, the Interest Period therefor).

Appears in 4 contracts

Samples: Credit Agreement (Moneylion Inc.), Credit Agreement (Moneylion Inc.), Credit Agreement (Moneylion Inc.)

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Requests. The Borrower may, from time to time by written notice to Administrative Agent, no later than fifteen (15) days prior to the effectiveness of any such facility Agent (each, an “Incremental Facility Request”), request one or more increases in the Term A-1 Commitment Loans or Term B Commitment or one or more tranches of new additional term loans denominated in dollars loan facilities (the each, an “Incremental Term Loan Commitment” and the term loans thereunder, each an “Incremental Term Loan”; the Incremental Term Loans are sometimes referred to herein individually as an “Incremental Loan” and, collectively, as the “Incremental Loans”; the each Incremental Term Loan Commitments are Commitment is sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”) in Dollars in an aggregate principal amount not to exceed $60,000,000100,000,000 for all such Incremental Facilities; provided that (x) no commitment of any Lender shall be increased without the consent of such Lender and (y) any Person committing to provide all or a portion of the Incremental Facilities must be an existing Lender (other than a Defaulting Lender), an Affiliate or Approved Fund of any existing Lender (other than a natural Person or a Defaulting Lender) or any other Person (other than a natural Person, a Defaulting Lender or the Borrower or any of the Borrower’s Affiliates or Subsidiaries) who is an “accredited investor” (as defined in Regulation D of the Securities Act of 1933) acceptable (which acceptances shall not be unreasonably withheld or delayed) to Borrower and Agent. Such Incremental Facility Request notice shall set forth (A) the amount of the Incremental Term Loan Commitment being requested (which shall be in a minimum amount of $5,000,000 and multiples of $100,000 in excess thereof)requested, (B) the date (an “Incremental Effective Date”) on which such Incremental Facility is requested to become effective (which shall not be (a) which, unless otherwise agreed by Administrative Agent, shall not be less than fifteen 10 Business Days nor more than sixty (1560) days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agreenotice), and (C) if an Incremental Term Loan Commitment, whether the related Incremental Term Loan is initially to be a SOFR LIBOR Rate Loan or a Base Rate Loan (and, if a SOFR LIBOR Rate Loan, the Interest Period therefor).

Appears in 3 contracts

Samples: Credit Agreement (Addus HomeCare Corp), Credit Agreement (Addus HomeCare Corp), Credit Agreement

Requests. The Borrower may, from time to time by written notice to Administrative Agent, no later than fifteen (15) days prior to the effectiveness of any such facility Applicable Agent (each, an “Incremental Facility Request”), from time to time, request one or more increases in the Term A-1 Commitment or Term B Commitment or Loan Commitments and/or to establish one or more tranches of new term loans denominated in dollars under this Agreement (the each, whether or not a separate tranche, an “Incremental Term Loan Commitment” and the term loans thereunder, each an “Incremental Term Loan”; ) and/or increases in the Incremental Term Loans are sometimes referred to herein individually as Revolving Loan Commitments (each, an “Incremental LoanRevolving Loan Commitmentandand the loans thereunder, collectively, as the “Incremental Revolving Loans”; the each Incremental Term Loan Commitments Commitment and each Incremental Revolving Loan Commitment are each sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”); provided, to the extent any portion of such Incremental Facilities is provided by any Person other than GE Capital, Ares Capital Corporation or the Senior Secured Loan Fund LLC (or any of their respective Affiliates or Related Funds) in an (the “Non GE/Ares Incremental Facilities”), the aggregate principal amount for all such Non GE/Ares Incremental Facilities shall not to exceed $60,000,000150,000,000; provided provided, immediately after giving pro forma effect to any Incremental Revolving Loan Commitment, that no commitment the aggregate principal amount of any Lender Incremental Revolving Loan Commitments shall be increased without not exceed the consent lesser of such Lender$30,000,000 and 30% of the aggregate principal amount of the Term Loans then outstanding. Such Incremental Facility Request notice shall set forth (A) the amount of the Incremental Term Loan Commitment or Incremental Revolving Loan Commitment being requested (which shall be in a minimum amount of $5,000,000 1,000,000 and multiples of $100,000 in excess thereof), (B) the date (an “Incremental Effective Date”) on which such Incremental Facility is requested to become effective (which shall not be (a) which, unless otherwise agreed by Administrative the Applicable Agent, shall not be less than fifteen (15) days 10 Business Days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period later date as Administrative Agent may agreebe agreed to by the Persons holding the commitments to provide such Incremental Facilities), and (C) if an Incremental Term Loan Commitment, whether the related Incremental Term Loan is initially to be a SOFR LIBOR Rate Loan or a Base Rate Loan (and, if a SOFR LIBOR Rate Loan, the Interest Period therefor).

Appears in 2 contracts

Samples: Credit Agreement (Truck Hero, Inc.), Credit Agreement (TA THI Parent, Inc.)

Requests. Borrower The Borrower, may, from time to time by written notice to the Administrative Agent, no later than fifteen (15) days prior to the effectiveness of any such facility Agent (each, an “Incremental Facility Request”), at any time prior to the Maturity Date, request one or more increases in the Term A-1 Commitment or Term B Commitment or one or more tranches of new term loans denominated in dollars Loan Commitments (the each, an “Incremental Term Loan Commitment” and the term loans thereunder, each an “Incremental Term Loan”; the each Incremental Term Loans are Loan Commitment is sometimes referred to herein individually as an “Incremental Loan” and, collectively, as the “Incremental Loans”; the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Term Loan Facilities”) in Dollars in an aggregate principal amount not to exceed $60,000,00045,000,000; provided that no commitment of any Lender shall be increased without the consent of such Lender. Such Incremental Facility Request notice shall set forth (A) the amount of the Incremental Term Loan Commitment being requested (which shall be in a minimum amount of $5,000,000 1,000,000 and multiples of $100,000 500,000 in excess thereof), (B) the date (an “Incremental Effective Date”) on which such Incremental Term Loan Facility is requested to become effective (which shall not be (a) which, unless otherwise agreed by Administrative Agentthe Agents, shall not be less than fifteen ten (1510) days Business Days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agreenotice), and (C) whether the related Incremental Loan is Term Loans shall initially to be a consist of ABR Loans and/or SOFR Loan or a Base Rate Loan (Loans and, if a the Loans are to include SOFR LoanLoans, the Interest Period therefor)to be initially applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Soundhound Ai, Inc.)

Requests. Borrower The Borrowers may, from time to time by written notice of Borrower Representative to Administrative Agent, no later than fifteen (15) days prior to the effectiveness of any such facility Agent (each, an “Incremental Facility Request”), request one or more increases in the Term A-1 Commitment Loans or Term B Commitment or one or more tranches of new additional term loans denominated in dollars loan facilities (the each, an “Incremental Term Loan Commitment” and the term loans thereunder, each an “Incremental Term Loan”; ) and/or increases in the Incremental Term Loans are sometimes referred to herein individually as Revolving Loan Commitments (each, an “Incremental LoanRevolving Loan Commitmentandand the loans thereunder, collectively, as the “Incremental Revolving Loans”; the each Incremental Term Loan Commitments Commitment and each Incremental Revolving Loan Commitment are each sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”) in Dollars in an aggregate principal unlimited amount not to exceed $60,000,000from any Eligible Assignee; provided that no commitment of any Lender shall be increased without the consent of such Lender. Such Incremental Facility Request notice shall set forth (A) the amount of the Incremental Term Loan Commitment or Incremental Revolving Loan Commitment being requested (which shall be in a minimum amount of $5,000,000 and multiples of $100,000 in excess thereof)requested, (B) the date (an “Incremental Effective Date”) on which such Incremental Facility is requested to become effective (which shall not be (a) which, unless otherwise agreed by Administrative Agent, shall not be less than fifteen (15) days 10 Business Days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agreenotice), and (C) if an Incremental Term Loan Commitment, whether the related Incremental Term Loan is initially to be a SOFR LIBOR Rate Loan or a Base Rate Loan (and, if a SOFR LIBOR Rate Loan, the Interest Period therefor).

Appears in 1 contract

Samples: Credit Agreement (Cryolife Inc)

Requests. Borrower The Company may, from time to time by written notice to Administrative Agent, no later than fifteen (15) days prior to the effectiveness of any such facility Agent (each, an “Incremental Facility Request”), request one or more increases in the Term A-1 Commitment or Term B Commitment or one or more tranches of new term loans denominated in dollars Commitments (the each, an “Incremental Term Loan Commitment” and the term loans Term Loans thereunder, each an “Incremental Term Loan”; ) and/or increases in the Incremental Term Loans are sometimes referred to herein individually as Revolving Loan Commitments (each, an “Incremental LoanRevolving Commitmentandand the Revolving Loans thereunder, collectively, as the “Incremental Revolving Loans”; the each Incremental Term Loan Commitments Commitment and each Incremental Revolving Commitment are each sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”) in Dollars, in an aggregate principal amount not to exceed $60,000,000150,000,000 for all such Incremental Facilities; provided that (x) no commitment of any Lender shall be increased without the consent of such LenderLender and (y) no Incremental Facility shall require the approval of any existing Lender other than in its capacity, if applicable, as a Lender providing all or part of any Incremental Facility. Such Incremental Facility Request notice shall set forth (Ai) the amount of the Incremental Term Loan Commitment and/or Incremental Revolving Commitment being requested (which shall be in a minimum amount of $5,000,000 and multiples of $100,000 in excess thereof), ) and (Bii) the date (an “Incremental Effective Date”) on which such Incremental Facility is requested to become effective (which shall not be (a) which, unless otherwise agreed by Administrative Agent, shall not be less than fifteen (15) 10 Business Days nor more than 60 days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agree), and (C) whether the related Incremental Loan is initially to be a SOFR Loan or a Base Rate Loan (and, if a SOFR Loan, the Interest Period therefornotice).

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Focus Financial Partners Inc.)

Requests. The Borrower may, from time to time by written notice to the Administrative Agent, no later than fifteen (15) days prior to the effectiveness of any such facility Agent (each, an “Incremental Facility Request”), at any time prior to the Term Loan Maturity Date, request one or more an additional Term Loan Commitment and/or increases in the Term A-1 Commitment or Term B Commitment or one or more tranches of new term loans denominated in dollars Loan Commitments (the each, an “Incremental Term Loan Commitment” and the term loans thereunder, each an “Incremental Term Loan”; ) and/or increases in the Incremental Term Loans are sometimes referred to herein individually as Revolving Credit Commitments (each, an “Incremental LoanRevolving Credit Commitmentandand the loans thereunder, collectively, as the “Incremental Revolving Credit Loans”; the each Incremental Term Loan Commitments Commitment and each Incremental Revolving Credit Commitment are each sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”) in an aggregate principal amount not to exceed $60,000,000); provided provided, that no commitment of any Lender shall be increased without the consent of such Lender. Such Incremental Facility Request notice shall set forth (A) the amount of the Incremental Term Loan Commitment or Incremental Revolving Credit Commitment being requested (which shall be in a minimum amount of $5,000,000 1,000,000 and multiples of $100,000 1,000,000 in excess thereof), (B) the date (an “Incremental Effective Date”) on which such Incremental Facility is requested to become effective (which shall not be (a) unless otherwise agreed by Administrative Agent, less than fifteen (15) days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agree)effective, and (C) whether whether, in the related case of Incremental Term Loan is Commitments, the Incremental Term Loans shall initially to be a SOFR Loan or a Base Rate Loan (consist of ABR Loans and/or Eurodollar Loans and, if a SOFR Loanthe Loans are to include Eurodollar Loans, the Interest Period therefor)to be initially applicable thereto.

Appears in 1 contract

Samples: Credit Agreement

Requests. The Borrower may, from time to time by written notice of the Borrower to Administrative Agent, no later than fifteen (15) days prior to Agent request increases in the effectiveness of any such facility Term Loans (each, an “Incremental Facility Request”), request one or more increases in the Term A-1 Commitment or Term B Commitment or one or more tranches of new term loans denominated in dollars (the “Incremental Term Loan Commitment” and the term loans thereunder, each an “Incremental Term Loan”; ) and/or increases in the Incremental Term Loans are sometimes referred to herein individually as Revolving Loan Commitments (each, an “Incremental LoanRevolving Loan Commitmentandand the loans thereunder, collectively, as the “Incremental Revolving Loans”; the each Incremental Term Loan Commitments Commitment and each Incremental Revolving Loan Commitment are each sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”) in Dollars in an aggregate principal amount not to exceed $60,000,00065,000,000; provided that no commitment the aggregate principal amount of any Lender Incremental Revolving Loan Commitments shall be increased without the consent of such Lendernot exceed $20,000,000. Such Incremental Facility Request notice shall set forth (Ax) the amount of the Incremental Term Loan Commitment or Incremental Revolving Loan Commitment being requested (which shall be in a minimum amount of $5,000,000 and multiples of $100,000 in excess thereof)requested, (By) the date (an “Incremental Effective Date”) on which such Incremental Facility is requested to become effective (which shall not be (a) unless otherwise agreed by Administrative Agent, less than fifteen (15) days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agree)effective, and (Cz) if any Incremental Term Loan Commitment, whether the related Incremental Term Loan is initially to be a SOFR Loan or a Base Rate Loan (and, if a SOFR Loan, the Interest Period therefor).

Appears in 1 contract

Samples: Credit Agreement (Rimini Street, Inc.)

Requests. Borrower may, from time to time by written notice to Administrative Agentin the form of (or substantially in the form of) Exhibit F attached hereto, no later than fifteen (15) days prior to the effectiveness of any such facility Administrative Agent (each, an “Incremental Facility Request”), request one or more increases an increase in the Term A-1 Commitment Revolving Loan Commitments (each, an “Incremental Revolving Loan Commitment”), or Term B Commitment or one or more tranches request additions of new term loans denominated in dollars Incremental Term Loans (the each, an “Incremental Term Loan Commitment” and the each term loans loan thereunder, each an “Incremental Term Loan”; the , and each Incremental Term Loans are Loan Commitment is sometimes referred to herein individually as an “Incremental LoanTerm Loan Facilityand, collectively, and collectively as the “Incremental LoansTerm Loan Facilities; ) in U.S. Dollars in an aggregate amount not to exceed $5029,500,000,000..00 Each Incremental Facility Request shall set forth (A) the amount of the Incremental Revolving Loan Commitment and/or Incremental Term Loan Commitments are sometimes Commitment being requested (each of which shall be in a minimum amount of $10,000,000 and multiples of $5,000,000 in excess thereof or, if less, the entire unutilized amount of the maximum amount of all such requests set forth above), (B) the date (an “Incremental Effective Date”) on which the Incremental Revolving Loan Commitment or Incremental Term Loan Facility (each referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”) in an aggregate principal amount not to exceed $60,000,000; provided that no commitment of any Lender shall be increased without the consent of such Lender. Such Incremental Facility Request shall set forth (A) the amount of the Incremental Term Loan Commitment being requested (which shall be in a minimum amount of $5,000,000 and multiples of $100,000 in excess thereof), (B) the date (an “Incremental Effective Date”) on which such Incremental Facility is requested to become effective (which shall not be (a) which, unless otherwise agreed by the Administrative Agent, shall not be less than fifteen ten (1510) Business Days nor more than sixty (60) days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agreenotice), and (C) if an Incremental Term Loan Commitment, whether the related Incremental Term Loan is to initially to be a SOFR Eurodollar Loan or a Base Rate Loan (and, if a SOFR Eurodollar Loan, the Interest Period therefor).

Appears in 1 contract

Samples: Credit Agreement (Duluth Holdings Inc.)

Requests. Borrower may, from time to time by written notice to Administrative Agentin the form of (or substantially in the form of) Exhibit F attached hereto, no later than fifteen (15) days prior to the effectiveness of any such facility Administrative Agent (each, an “Incremental Facility Request”), request one or more increases an increase in the Term A-1 Commitment Revolving Loan Commitments (each, an “Incremental Revolving Loan Commitment”), or Term B Commitment or one or more tranches request additions of new term loans denominated in dollars Incremental Term Loans (the each, an “Incremental Term Loan Commitment” and the each term loans loan thereunder, each an “Incremental Term Loan”; the , and each Incremental Term Loans are Loan Commitment is sometimes referred to herein individually as an “Incremental LoanTerm Loan Facilityand, collectively, and collectively as the “Incremental LoansTerm Loan Facilities; ) in U.S. Dollars in an aggregate amount not to exceed $50,000,000. Each Incremental Facility Request shall set forth (A) the amount of the Incremental Revolving Loan Commitment and/or Incremental Term Loan Commitments are sometimes Commitment being requested (each of which shall be in a minimum amount of $10,000,000 and multiples of $5,000,000 in excess thereof or, if less, the entire unutilized amount of the maximum amount of all such requests set forth above), (B) the date (an “Incremental Effective Date”) on which the Incremental Revolving Loan Commitment or Incremental Term Loan Facility (each referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”) in an aggregate principal amount not to exceed $60,000,000; provided that no commitment of any Lender shall be increased without the consent of such Lender. Such Incremental Facility Request shall set forth (A) the amount of the Incremental Term Loan Commitment being requested (which shall be in a minimum amount of $5,000,000 and multiples of $100,000 in excess thereof), (B) the date (an “Incremental Effective Date”) on which such Incremental Facility is requested to become effective (which shall not be (a) which, unless otherwise agreed by the Administrative Agent, shall not be less than fifteen ten (1510) Business Days nor more than sixty (60) days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agreenotice), and (C) if an Incremental Term Loan Commitment, whether the related Incremental Term Loan is to initially to be a SOFR Eurodollar Loan or a Base Rate Loan (and, if a SOFR Eurodollar Loan, the Interest Period therefor).

Appears in 1 contract

Samples: Credit Agreement (Duluth Holdings Inc.)

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Requests. Borrower The Borrower, may, from time to time by written notice to Administrative Agent, no later than fifteen (15) days prior to the effectiveness of any such facility Agent (each, an “Incremental Facility Request”), request one or more increases in the Term A-1 Commitment or Term B Commitment or one or more tranches of new term loans denominated in dollars Loan Commitments (the each, an “Incremental Term Loan Commitment” and the term loans thereunder, each an “Incremental Term Loan”); the Incremental Term Loans are sometimes referred to herein individually as an “Incremental Loan” and, collectively, as the “Incremental Loans”; the each Incremental Term Loan Commitments Commitment are each sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”) in Dollars in an aggregate principal amount not to exceed $60,000,0007,500,000; provided that no commitment of any Lender shall be increased without the consent of such Lender; provided further that, for the avoidance of doubt, the Fourth Amendment Term Loan Facility shall not constitute an Incremental Facility and the Fourth Amendment Term Loans shall not constitute Incremental Term Loans. Such Incremental Facility Request notice shall set forth (A) the amount of the Incremental Term Loan Commitment being requested (which shall be in a minimum amount of $5,000,000 1,000,000 and multiples of $100,000 in excess thereof)) being requested, (B) the date (an “Incremental Effective Date”) on which such Incremental Facility is requested to become effective (which shall not be (a) which, unless otherwise agreed by Administrative the Agent, shall not be less than fifteen ten (1510) Business Days (or such shorter period agreed to by Agent in its sole discretion) nor more than sixty (60) days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agreenotice), and (C) whether the related Incremental Loan is Term Loans shall initially to be a SOFR Loan or a consist of Base Rate Loan (Loans and/or LIBOR Loans and, if a SOFR Loanthe Loans are to include LIBOR Loans, the Interest Period therefor)to be initially applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Airsculpt Technologies, Inc.)

Requests. Borrower The Borrowers may, from time to time by written notice of the Borrower Representative to Administrative Agent, no later than fifteen (15) days prior to the effectiveness of any such facility Agent (each, an “Incremental Facility Request”), request one or more increases in the Term A-1 Commitment Loans or Term B Commitment or one or more tranches of new additional term loans denominated in dollars loan facilities (the each, an “Incremental Term Loan Commitment” and the term loans thereunder, each an “Incremental Term Loan”; ) and/or increases in the Incremental Term Loans are sometimes referred to herein individually as Revolving Loan Commitments (each, an “Incremental LoanRevolving Loan Commitmentandand the loans thereunder, collectively, as the “Incremental Revolving Loans”; the each Incremental Term Loan Commitments Commitment and each Incremental Revolving Loan Commitment are each sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”) in Dollars in an aggregate principal amount not to exceed $60,000,000; provided that no commitment of any Lender shall be increased without the consent of such Lender70,000,000. Such Incremental Facility Request notice shall set forth (Ax) the amount of the Incremental Term Loan Commitment or Incremental Revolving Loan Commitment being requested (which shall be in a minimum amount of $5,000,000 and multiples of $100,000 in excess thereof)requested, (By) the date (an “Incremental Effective Date”) on which such Incremental Facility is requested to become effective (which shall not be (a) which, unless otherwise agreed by Administrative Agent, shall not be less than fifteen (15) 10 Business Days nor more than 60 days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agreenotice), and (Cz) if an Incremental Term Loan Commitment, whether the related Incremental Term Loan is initially to be a SOFR LIBOR Rate Loan or a Base Rate Loan (and, if a SOFR LIBOR Rate Loan, the Interest Period therefor).

Appears in 1 contract

Samples: Credit Agreement (Amphastar Pharmaceuticals, Inc.)

Requests. Borrower Borrowers may, from time to time by written notice to Administrative Agent, no later than fifteen (15) days prior to the effectiveness of any such facility Agent (each, an “Incremental Facility Term Loan Request”)) from Borrower Representative, request one or more increases in the Term A-1 Commitment Loan Commitments or Term B Commitment or add one or more tranches of new incremental term loans denominated in dollars loan facilities to the Term Loan (the each, an “Incremental Term Loan Commitment” and the term loans thereunder, each whether or not a separate tranche, an “Incremental Term Loan”; the Incremental Term Loans are sometimes referred to herein individually as an “Incremental Loanand, and collectively, as the “Incremental Term Loans”; the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”) in Dollars in an aggregate principal amount not to exceed $60,000,00035,000,000 for all such Incremental Term Loans at any time on or before October 31, 2014; provided that no commitment of any Lender shall be increased without the consent of such Lender. Such Incremental Facility Request notice shall set forth (A) the amount of the Incremental Term Loan Commitment being requested (which shall be in a minimum amount of $5,000,000 and multiples of $100,000 1,000,000 in excess thereof), (B) the date (an “Incremental Effective Date”) on which such Incremental Facility Term Loan is requested to become effective be made (which shall not be (a) which, unless otherwise agreed by Administrative Agent, shall not be less than fifteen ten (1510) Business Days nor more than sixty (60) days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agreenotice), and (C) whether the related Incremental Term Loan is initially to be a SOFR LIBOR Rate Loan or a Base Rate Loan (and, if a SOFR LIBOR Rate Loan, the Interest Period therefor).

Appears in 1 contract

Samples: Credit Agreement (Rentech Nitrogen Partners, L.P.)

Requests. The Borrower may, from time to time by written notice to Administrative Agent, no later than fifteen (15) days prior to the effectiveness of any such facility Agent (each, an “Incremental Facility Request”), request one or more increases in the Term A-1 Commitment Loans or Term B Commitment or one or more tranches of new additional term loans denominated in dollars loan facilities (the each, an “Incremental Term Loan Commitment” and the term loans thereunder, each an “Incremental Term Loan”; ) and/or increases in the Incremental Term Loans are sometimes referred to herein individually as Revolving Loan Commitments (each, an “Incremental LoanRevolving Loan Commitmentandand the loans thereunder, collectively, as the “Incremental Revolving Loans”; the each Incremental Term Loan Commitments Commitment and each Incremental Revolving Loan Commitment are each sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”) in Dollars in an aggregate principal amount not to exceed $60,000,00040,000,000 for all such Incremental Facilities; provided that the aggregate principal amount of Incremental Revolving Loan Commitments shall not exceed $25,000,000, provided, further, that no commitment of any Lender shall be increased without the consent of such Lender. Such Incremental Facility Request notice shall set forth (A) the amount of the Incremental Term Loan Commitment or Incremental Revolving Loan Commitment being requested (which shall be in a minimum amount of $5,000,000 and multiples of $100,000 in excess thereof)requested, (B) the date (an “Incremental Effective Date”) on which such Incremental Facility is requested to become effective (which shall not be (a) which, unless otherwise agreed by Administrative Agent, shall not be less than fifteen (15) 10 Business Days nor more than 60 days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agreenotice), and (C) if an Incremental Term Loan Commitment, whether the related Incremental Term Loan is initially to be a SOFR LIBOR Rate Loan or a Base Rate Loan (and, if a SOFR LIBOR Rate Loan, the Interest Period therefor).

Appears in 1 contract

Samples: Credit Agreement (Diplomat Pharmacy, Inc.)

Requests. The Borrower may, from time to time by written notice to Administrative Agent, no later than fifteen (15) days prior to the effectiveness of any such facility Agent (each, an “Incremental Facility Request”), request one or more increases in the Term A-1 Commitment or Term B Commitment or one or more tranches of new term loans denominated in dollars Loan Commitments (the each, an “Incremental Term Loan Commitment” and the term loans thereunder, each an “Incremental Term Loan”; the Incremental Term Loans are sometimes referred to herein individually as an “Incremental Loan” and, collectively, as the “Incremental Loans”; the each Incremental Term Loan Commitments are Commitment is sometimes referred to herein individually as an “Incremental Facility” and collectively as the “Incremental Facilities”) in Dollars in an aggregate principal amount not to exceed $60,000,00050,000,0000 for all such Incremental Facilities; provided that no more than four (4) Incremental Facility Requests may be requested and approved during the term of this Agreement, provided, further, that the Borrower may seek Incremental Term Loan Commitments from existing Lenders (each of whom shall be entitled to agree to decline to participate in its sole discretion) and additional banks, financial institutions and other institutional lenders who will become Incremental Lenders in connection therewith, it being understood and agreed that no commitment of any Lender shall be increased without the consent of such Lender. Such Incremental Facility Request Each such notice shall set forth (A) the amount of the Incremental Term Loan Commitment being requested (which shall be in a minimum amount of $5,000,000 and multiples of $100,000 in excess thereof), (B) the date (an “Incremental Effective Date”) on which such Incremental Facility is requested to become effective (which shall not be (a) which, unless otherwise agreed by Administrative Agent, shall not be less than fifteen ten (1510) Business Days nor more than sixty (60) days after the date of such notice and (b) more than thirty (30) days after the date of such notice (or such longer period as Administrative Agent may agreenotice), and (C) whether the related Incremental Term Loan is initially to be a SOFR LIBOR Rate Loan or a Base Rate Loan (and, if a SOFR LIBOR Rate Loan, the Interest Period therefor).

Appears in 1 contract

Samples: Credit Agreement (Affymetrix Inc)

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