Common use of Revolving Commitment Increase Clause in Contracts

Revolving Commitment Increase. (a) Parent, each other Borrower and each Revolving Commitment Increase Lender hereby agree that, subject to the satisfaction of the conditions in Section 4 hereof, on the Amendment No. 3 Effective Date (as defined below), the Revolving Commitment Increase of such Revolving Commitment Increase Lender shall become effective and the Revolving Credit Commitments shall be deemed increased by the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.14 of the Credit Agreement, the Revolving Commitment Increases (x) shall be Revolving Credit Commitments for all purposes under the Credit Agreement and each of the other Credit Documents and shall have terms identical to the Revolving Credit Commitments outstanding under the Credit Agreement immediately prior to the Amendment No. 3 Effective Date (but giving effect to any amendments hereunder) and (y) shall, together with the existing Revolving Credit Commitments, be treated as one Class of Commitments. (b) Parent, each other Borrower and each Revolving Commitment Increase Lender acknowledges and agrees that upon the Amendment No. 3 Effective Date, such Revolving Commitment Increase Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. (c) After giving effect to such Revolving Commitment Increases, the Revolving Credit Commitment of each Revolving Credit Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede and restate the Revolving Credit Commitments on Schedule 1.01A to the Credit Agreement).

Appears in 1 contract

Samples: Credit Agreement (Uniti Group Inc.)

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Revolving Commitment Increase. Subject to the terms and conditions of the Credit Agreement and in reliance upon the representations and warranties of the Loan Parties contained herein and in the Credit Agreement, the Lender establishes in favor of the U.S. Borrower an increase to the Revolving Commitments (a) Parent, each other Borrower and each the “Revolving Commitment Increase Lender hereby agree that, subject to the satisfaction of the conditions in Section 4 hereof, Increase”) on the Amendment No. 3 Effective Date (as defined below)) in the principal amount of $7,500,000, all on the terms and subject to the conditions set forth herein and in the Credit Agreement. The Revolving Commitment Increase shall constitute part of such the aggregate Revolving Commitment Increase Lender shall become effective and the Revolving Credit Commitments shall be deemed increased by the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.14 of under the Credit Agreement, and the existing Revolving Commitment Increases (x) shall be Revolving Credit Commitments for all purposes under the Credit Agreement and each the Revolving Commitment Increase shall constitute a single commitment, with all revolving loans thereunder having the same terms as the existing Revolving Loans made to the U.S. Borrower prior to the Effective Date, all as described more fully in the Credit Agreement, and in connection therewith shall be subject to all of the terms and provisions of the Credit Agreement and other Credit Loan Documents and shall have terms identical to pertaining thereto. In addition, the Revolving Credit Commitments outstanding Loans, whether made before, on, or after the Effective Date shall be deemed to constitute a part of the “Obligations” and of the “U.S. Obligations” under the Credit Agreement immediately prior to and shall have all rights, remedies, protections and collateral security accorded the Amendment No. 3 Effective Date (but giving effect to any amendments hereunder) Obligations and (y) shall, together with the existing Revolving Credit Commitments, be treated as one Class of Commitments. (b) Parent, each other Borrower and each Revolving Commitment Increase Lender acknowledges and agrees that upon the Amendment No. 3 Effective Date, such Revolving Commitment Increase Lender shall be a “Lender” U.S. Obligations under, and for all purposes ofsubject to the terms, conditions and limitations set forth in, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. (c) After giving effect to such Revolving Commitment Increases, the Revolving Credit Commitment of each Revolving Credit Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede and restate the Revolving Credit Commitments on Schedule 1.01A to the Credit Agreement).

Appears in 1 contract

Samples: Credit Agreement (AstroNova, Inc.)

Revolving Commitment Increase. (a) Parent, each other The Lead Borrower and each Revolving Commitment Increase Loan Lender hereby agree that, subject to the satisfaction of the conditions in Section 4 7 hereof, on the Amendment No. 3 1 Effective Date (as defined below)Date, the Revolving Commitment Increase of such Revolving Commitment Increase Loan Lender shall become effective and the Revolving Credit Commitments shall be deemed increased by the amount of the Revolving Commitment Increases of such Increase Loan Lenders in the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.14 2.15 of the Credit Agreement, the Revolving Commitment Increases (x) shall be Revolving Credit Commitments for all purposes under the Credit Agreement and each of the other Credit Documents and shall have terms identical to the Revolving Credit Commitments outstanding under the Credit Agreement immediately prior to the Amendment No. 3 Effective Date date hereof (but giving effect to any amendments hereunder) and (y) shall, together with the existing Revolving Credit Commitments, be treated as one Class of Commitments). (b) Parent, each other Borrower and each Revolving Commitment Each Increase Loan Lender acknowledges and agrees that upon the Amendment NoNo 1. 3 Effective Date, such Revolving Commitment Increase Loan Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Loan Credit Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. (c) After giving effect to such Revolving Commitment Increases, the Revolving Credit Commitment of each Revolving Credit Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede and restate the Revolving Credit Commitments on Schedule 1.01A 2.01 to the Credit Agreement).

Appears in 1 contract

Samples: Revolving Credit Agreement (PAE Inc)

Revolving Commitment Increase. (a) Parent, each other The Borrower and each Revolving Commitment Increase Loan Lender hereby agree that, subject to the satisfaction of the conditions in Section 4 5 hereof, on the Amendment No. 3 1 Effective Date (as defined below), the Revolving Commitment Increase of such Revolving Commitment Increase Loan Lender shall become effective and the Revolving Credit Commitments shall be deemed increased by the amount of the Revolving Commitment Increases of such Increase Loan Lenders in the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.14 2.15 of the Credit Agreement, the Revolving Commitment Increases (x) shall be Revolving Credit Commitments for all purposes under the Credit Agreement and each of the other Credit Loan Documents and shall have terms identical to the Revolving Credit Commitments outstanding under the Credit Agreement immediately prior to the Amendment No. 3 Effective Date date hereof (but giving effect to any amendments hereunder) and (y) shall, together with the existing Revolving Credit Commitments, be treated as one Class of Commitments). (b) Parent, each other Borrower and each Revolving Commitment Each Increase Loan Lender acknowledges and agrees that upon the Amendment No. 3 1 Effective Date, such Revolving Commitment Increase Loan Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. (c) After giving effect to such Revolving Commitment Increases, the Revolving Credit Commitment of each Revolving Credit Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede and restate the Revolving Credit Commitments on Schedule 1.01A 2.01 to the Credit Agreement).

Appears in 1 contract

Samples: Credit Agreement (Cenveo, Inc)

Revolving Commitment Increase. (a) ParentSubject to the terms and conditions set forth herein and in the Amended Credit Agreement, on the Third Amendment Effective Date each other Borrower U.S. Tranche B Increasing Revolving Lender shall become, to the extent not already, (i) a “U.S. Tranche B Revolving Lender” and each a “Lender” under and as defined in the Amended Credit Agreement, subject to all of the rights, obligations and conditions thereto under the Amended Credit Agreement and (ii) a holder of “U.S. Tranche B Increased Revolving Commitments” under and as defined in the Amended Credit Agreement in the amount set forth and opposite to such U.S. Tranche B Increasing Revolving Lender’s name on Schedule 2.01 attached as Exhibit B to this Amendment and Joinder under the caption “U.S. Tranche B Increased Revolving Commitments”. (b) The U.S. Tranche B Revolving Loans to be made pursuant to the U.S. Tranche B Revolving Commitment Increase Lender hereby agree that, subject to the satisfaction of the conditions in Section 4 hereof, on the Third Amendment No. 3 Effective Date (as defined below), the Revolving Commitment Increase of such Revolving Commitment Increase Lender shall become effective and the Revolving Credit Commitments shall be deemed increased by the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.14 of the Credit Agreement, the U.S. Tranche B Revolving Commitment Increases (x) shall be Revolving Credit Commitments Loans for all purposes under the Credit Agreement and each of the other Credit Documents and shall have terms identical to the Initial U.S. Tranche B Revolving Loans (as defined in the Amended Credit Commitments Agreement) outstanding under the Credit Agreement immediately prior to the date Third Amendment No. 3 Effective Date (but giving effect to any amendments hereunder) ), including for purposes of assignments and (y) shall, together with the existing Revolving Credit Commitments, be treated as one Class of Commitmentsvoluntary and mandatory prepayments. (b) Parent, each other Borrower and each Revolving Commitment Increase Lender acknowledges and agrees that upon the Amendment No. 3 Effective Date, such Revolving Commitment Increase Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. (c) After giving effect to such Revolving Commitment Increases, the Revolving Credit Commitment of each Revolving Credit Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede and restate the Revolving Credit Commitments on Schedule 1.01A to the Credit Agreement).

Appears in 1 contract

Samples: Credit Agreement (SunOpta Inc.)

Revolving Commitment Increase. (a) Parent, each other The Lead Borrower and each Revolving Commitment Increase Loan Lender hereby agree that, subject to the satisfaction of the conditions in Section 4 5 hereof, on the Amendment No. 3 2 Effective Date (as defined below)Date, the Revolving Commitment Increase of such Revolving Commitment Increase Loan Lender shall become effective and the U.S. Revolving Credit Commitments of such Increase Loan Lender shall be deemed increased by the amounts amount of the Revolving Commitment Increases of such Increase Loan Lender set forth on Schedule 1 hereto. Pursuant to Section 2.14 of the Credit Agreement, the The Revolving Commitment Increases (x) shall be U.S. Revolving Credit Commitments for all purposes under the Credit Agreement and each of the other Credit Documents and shall have terms identical to the U.S. Revolving Credit Commitments outstanding under the Credit Agreement immediately prior to the Amendment No. 3 Effective Date date hereof (but giving effect to any amendments hereunder) and (y) shall, together with the existing Revolving Credit Commitments, be treated as one Class of Commitments). (b) Parent, each other Borrower and each Revolving Commitment Each Increase Loan Lender acknowledges and agrees that upon the Amendment No. 3 2 Effective Date, such Revolving Commitment Increase Loan Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Loan Credit Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. (c) After giving effect to such Revolving Commitment IncreasesIncreases and the Amendment No. 2 Commitment Adjustment, the Revolving Credit Commitment Commitments of each Revolving Credit Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede and restate the Revolving Credit Commitments on Schedule 1.01A 2.01 to the Credit Agreement).

Appears in 1 contract

Samples: Credit Agreement (Ryerson Holding Corp)

Revolving Commitment Increase. (a) Parent, each other Borrower and each Revolving Commitment Increase Lender hereby agree that, subject Subject to the satisfaction or waiver of the conditions set forth in Section 4 5 hereof, on the Tenth Amendment No. 3 Effective Date Date, (i) the Incremental Revolving Lender irrevocably (x) in its capacity as defined belowan Incremental Revolving Lender, consents to the terms of this Amendment and (y) commits to provide the entire Incremental Revolving Increase (the “Incremental Revolving Commitment”), (ii) the Incremental Revolving Commitment Increase of such Revolving Commitment Increase Lender shall become effective and (iii) the Revolving Credit Commitments shall be deemed increased by the amounts set forth on Schedule 1 heretoan aggregate principal amount of $50,000,000. Pursuant to Section 2.14 2.17 of the Amended Credit Agreement, the Incremental Revolving Commitment Increases (x) shall be a Revolving Credit Commitments Commitment for all purposes under the Amended Credit Agreement and each of the other Credit Loan Documents and shall have terms identical to the existing Revolving Credit Commitments outstanding Facility under the Amended Credit Agreement immediately prior to the Amendment No. 3 Effective Date date hereof (but giving effect to any amendments hereunder) other than with respect to upfront fees and (ycustomary arranger fees. This Amendment shall constitute notice to the Administrative Agent required under Section 2.17(a) shall, together with of the existing Revolving Credit Commitments, be treated as one Class of CommitmentsAgreement. (b) Parent, each other Borrower and each The Incremental Revolving Commitment Increase Lender acknowledges and agrees that upon the Tenth Amendment No. 3 Effective Date, such the Incremental Revolving Commitment Increase Lender shall be a “Lender” under, and for all purposes of, of the Amended Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. The Incremental Revolving Lender also acknowledges and agrees that it has (x) received a copy of the Existing Credit Agreement, and has received or has been accorded the opportunity to receive copies of the most recent financial statements delivered pursuant to Section 6.01 thereof, as applicable, and such other documents and information as it deems appropriate to make its own credit analysis and decision to enter into this Amendment and (y) independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Amendment. (c) After The parties hereto agree that, after giving effect to such this Amendment and the Incremental Revolving Commitment IncreasesCommitment, the Revolving Credit Commitment Commitments of each the Revolving Credit Lender shall be Lenders are as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede and restate the Revolving Credit Commitments on Schedule 1.01A to the Credit Agreement)I hereto.

Appears in 1 contract

Samples: Credit Agreement (WEX Inc.)

Revolving Commitment Increase. (a) ParentSubject to the terms and conditions set forth herein, each other Borrower party hereto acknowledges and each agrees that (i) the Extended Revolving Commitment Increase Lender hereby agree that, subject to the satisfaction of the conditions in Section 4 hereof, Credit Commitments shall be increased by $5,800,000 on the Amendment No. 3 8 Increase Effective Date (as defined belowthe “Increase”), (ii) from and after giving effect to the Revolving Commitment Increase Increase, the aggregate amount of such Revolving Commitment Increase Lender shall become effective and the Extended Revolving Credit Commitments shall be deemed increased by $300,000,000 and (iii) the amounts set forth on Schedule 1 hereto. Pursuant Borrower has elected to Section 2.14 of use the Credit Agreement, Incurrence-Based Incremental Amount to effectuate the Revolving Commitment Increases (x) shall be increase in Extended Revolving Credit Commitments for all purposes under the Credit Agreement and each of the other Credit Documents and shall have terms identical to the Revolving Credit Commitments outstanding under the Credit Agreement immediately prior to the Amendment No. 3 Effective Date (but giving effect to any amendments hereunder) and (y) shall, together with the existing Revolving Credit Commitments, be treated as one Class of Commitmentscontemplated hereby. (b) ParentFurthermore, each other Borrower and each the Incremental Revolving Commitment Increase Lender acknowledges and agrees that upon Credit Lender, by delivering its signature page to this Amendment on the Amendment No. 3 8 Effective Date, such Revolving Commitment Increase Lender shall be (i) confirms that it has received a “Lender” under, and for all purposes of, copy of the Amended Credit Agreement and the other Loan Documents, together with copies of the financial statements referred to therein and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) agrees that it will, independently and without reliance upon the Administrative Agent and based on such documents and information as it shall be subject deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Amended Credit Agreement; (iii) confirms its appointment and bound authorization of the Administrative Agent to take such action as agent on its behalf and to exercise such powers under the Amended Credit Agreement and the other Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and shall (iv) confirms its agreement that it will perform in accordance with their terms all of the obligations which by the terms of and shall have all rights of a Lender thereunder. (c) After giving effect the Amended Credit Agreement are required to such Revolving Commitment Increases, the be performed by it as an Extended Revolving Credit Commitment of each Revolving Credit Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede and restate the Revolving Credit Commitments on Schedule 1.01A to the Credit Agreement)Lender.

Appears in 1 contract

Samples: Credit Agreement (Alight, Inc. / Delaware)

Revolving Commitment Increase. (a) Parent1. The Borrower, each other Borrower the Administrative Agent and each Revolving Commitment Increase Lender hereby agree that, upon and subject to the satisfaction occurrence of the conditions in Section 4 hereof, on the Amendment No. 3 Effective Date (as defined below)Date, the Revolving Commitment Increase Commitments of each Revolving Lender as set forth opposite such Revolving Commitment Increase Lender Lender’s name on Schedule 2 hereto shall become effective and the effective. The Revolving Credit Commitments shall be deemed increased by the amounts set forth on Schedule 1 hereto. Pursuant as restated pursuant to this Section 2.14 of the Credit Agreement, the Revolving Commitment Increases (x) 3 shall be Revolving Credit Commitments for all purposes under the Credit Agreement and each of the other Credit Loan Documents and and, except as expressly set forth herein, shall have terms identical to the Revolving Credit Commitments outstanding under the Credit Agreement immediately prior to the Amendment No. 3 Effective Date (but giving effect to any amendments hereunder) and (y) shall, together with the existing Revolving Credit Commitments, be treated as one Class of CommitmentsDate. (b) Parent, each other Borrower and each 2. Each New Revolving Commitment Increase Lender acknowledges and agrees that upon the Amendment No. 3 Effective Date, such New Revolving Commitment Increase Lender shall be a “Lender” and a “Revolving Lender” (and additionally, in the case of KeyBank National Association, an “Issuing Bank”) under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all the rights of a Lender and a Revolving Lender (and additionally, in the case of KeyBank National Association, an Issuing Bank) thereunder. (c) 3. After giving effect to such Revolving Commitment Increasesthis Amendment, the Revolving Credit Commitment of each Revolving Credit Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede and restate the portion of Schedule 2.01 to the Existing Credit Agreement under the caption “Revolving Credit Commitments on Schedule 1.01A to the Credit AgreementCommitment”).

Appears in 1 contract

Samples: Credit Agreement (Superior Industries International Inc)

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Revolving Commitment Increase. (a) Parent, each other Borrower and each Revolving Commitment Increase Lender hereby agree that, subject Subject to the satisfaction of the conditions in Section 4 5 hereof, on the Second Amendment No. 3 Effective Date (as defined below)Date, the Incremental Revolving Commitment Increase of such the Incremental Revolving Commitment Increase Lender shall become effective and the Revolving Credit Commitments shall be deemed increased by the amounts set forth on Schedule 1 hereto$100,000,000. Pursuant to Section 2.14 2.17 of the Amended Credit Agreement, the Incremental Revolving Commitment Increases (x) Increase shall be a Revolving Credit Commitments Commitment for all purposes under the Amended Credit Agreement and each of the other Credit Loan Documents and shall have terms identical to the existing Revolving Credit Commitments outstanding Facility under the Amended Credit Agreement immediately prior to the Amendment No. 3 Effective Date date hereof (but giving effect to any amendments hereunder). This Amendment shall constitute notice to the Administrative Agent required under Section 2.17(a) and (y) shall, together with of the existing Revolving Credit Commitments, be treated as one Class of CommitmentsAgreement. (b) Parent, each other Borrower and each The Incremental Revolving Commitment Increase Lender acknowledges and agrees that upon the Second Amendment No. 3 Effective Date, such the Incremental Revolving Commitment Increase Lender shall be a “Lender” under, and for all purposes of, of the Amended Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. . The Incremental Revolving Lender also acknowledges and agrees that it has (cx) After giving effect received a copy of the Existing Credit Agreement, and has received or has been accorded the opportunity to such Revolving Commitment Increasesreceive copies of the most recent financial statements delivered pursuant to Section 6.01 thereof, the Revolving Credit Commitment of each Revolving Credit Lender shall be as set forth on Schedule 2 hereto (applicable, and such Schedule 2 shall supersede other documents and restate information as it deems appropriate to make its own credit analysis and decision to enter into this Amendment and (y) independently and without reliance upon the Revolving Credit Commitments Administrative Agent or any other Lender and based on Schedule 1.01A such documents and information as it has deemed appropriate, made its own credit analysis and decision to the Credit Agreement)enter into this Amendment.

Appears in 1 contract

Samples: Credit Agreement (WEX Inc.)

Revolving Commitment Increase. (a) Parent, each other Borrower and each Revolving Commitment Increase Lender hereby agree that, subject Subject to the satisfaction of the terms and conditions in Section 4 hereof, on the Amendment No. 3 Effective Date (as defined below), the Revolving Commitment Increase of such Revolving Commitment Increase Lender shall become effective and the Revolving Credit Commitments shall be deemed increased by the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.14 of herein and in the Amended Credit Agreement, each 2024 Incremental Revolving Lender hereby agrees on a several and not joint basis to make the 2024 Incremental Revolving Commitment Increases (x) shall be Revolving Credit Commitments for all purposes under the Credit Agreement and each of the other Credit Documents and shall have terms identical available in Dollars to the Revolving Credit Commitments outstanding under Borrower in the Credit Agreement immediately prior to the Amendment No. 3 Effective Date (but giving effect to any amendments hereunder) and (y) shall, together with the existing Revolving Credit Commitments, be treated as one Class of Commitments. (b) Parent, each other Borrower and each Revolving Commitment Increase Lender acknowledges and agrees that upon the Amendment No. 3 Effective Date, such Revolving Commitment Increase Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. (c) After giving effect to such Revolving Commitment Increases, the Revolving Credit Commitment of each Revolving Credit Lender shall be aggregate principal amount as set forth on Schedule 2 hereto opposite such 2024 Incremental Revolving Lender’s name. (and such Schedule 2 shall supersede and restate the Revolving Credit Commitments on Schedule 1.01A b) Pursuant to Section 2.23 of the Credit Agreement, the Requested First Amendment Increase documented hereby shall constitute a Commitment Increase (as defined in the Credit Agreement) under the Credit Agreement. (c) The 2024 Incremental Revolving Commitments (i) shall be made pursuant to (and constitute part of) the existing “Commitments” (under and as defined in the Credit Agreement) and (ii) shall be subject to the terms and conditions applicable to the existing Revolving Commitments as set forth in the Amended Credit Agreement. (d) Each party hereto acknowledges and agrees that on the First Amendment Effective Date, (i) the 2024 Incremental Revolving Commitments shall be added to (and constitute part of) the existing “Commitments” (under and as defined in the Credit Agreement) and (ii) the 2024 Incremental Revolving Commitments shall constitute “Revolving Commitments” for all purposes under, and subject to the provisions of, the Loan Documents (as amended by the First Amendment). (e) The parties hereto hereby acknowledge and agree that if on the First Amendment Effective Date there are any “Loans” (under and as defined in the Credit Agreement) outstanding under the Credit Agreement, (i) the Borrower shall borrow from all or certain of the “Lenders” (under and as defined in the Credit Agreement) and/or prepay “Loans” (under and as defined in the Credit Agreement) of all or certain of the “Lenders” (under and as defined in the Credit Agreement) such that, after giving effect thereto, the Revolving Loans (as defined in the Amended Credit Agreement) (including, without limitation, the Types and Interest Periods thereof) and such participations shall be held by the Revolving Lenders (including for such purposes the 2024 Incremental Revolving Lenders) ratably in accordance with their respective Revolving Commitments and (ii) on and after the First Amendment Effective Date, the ratable share of each Revolving Lender’s participation in Letters of Credit and Revolving Loans from draws under Letters of Credit shall be calculated after giving effect to the Requested First Amendment Increase documented hereby.

Appears in 1 contract

Samples: Credit Agreement (ExlService Holdings, Inc.)

Revolving Commitment Increase. (a) ParentThe Borrower confirms that the Incremental Commitments shall be “Revolving Credit Commitments” under the Credit Agreement (and the Loans thereunder, each other Borrower Revolving Loans) in all respects and each Revolving Commitment Increase Lender hereby agree that, subject shall be on terms identical to those applicable to the satisfaction of Facility. (b) Each Incremental Lender party hereto hereby acknowledges and agrees that its applicable Revolving Credit Commitment is increased by the conditions in Section 4 hereof, amount set forth opposite such Incremental Lender’s name on Schedule I to this Amendment and agrees to severally make to the Amendment No. 3 Effective Date (as defined below), the Revolving Commitment Increase of such Revolving Commitment Increase Lender shall become effective and the Borrower Loans under its Revolving Credit Commitments shall be deemed increased by from time to time after the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.14 Incremental Facility Effective Date in an aggregate amount not in excess of the Credit Agreement, the Revolving Commitment Increases (x) shall be such Incremental Lender’s Revolving Credit Commitments (after giving effect to this Amendment). From and after the Incremental Facility Effective Date, the Incremental Commitment of each Incremental Lender party hereto shall be a Commitment for all purposes under the Credit Agreement and each of the other Credit Documents and shall have terms identical to the Revolving Credit Commitments outstanding Loan Documents. Each Lender under the Credit Agreement immediately prior to the Amendment No. 3 Effective Date (but giving effect will automatically and without further act be deemed to any amendments hereunder) and (y) shallhave assigned to each Incremental Lender, together with the existing Revolving Credit Commitments, be treated as one Class of Commitments. (b) Parent, each other Borrower and each Revolving Commitment Increase Lender acknowledges and agrees that upon the Amendment No. 3 Effective Date, such Revolving Commitment Increase Incremental Lender shall be assume, a portion of such Lender” under, ’s participations in outstanding Letters of Credit and for all purposes of, Swing Loans pursuant to Section 2.15 of the Credit Agreement and any outstanding Loans on or prior to the other Loan Documents, and effectiveness of this Amendment shall be subject prepaid from the proceeds of the Incremental Loans pursuant to and bound by the terms thereof, and shall perform all the obligations Section 2.15 of and shall have all rights of a Lender thereunder. (c) After giving effect to such Revolving Commitment Increases, the Revolving Credit Commitment of each Revolving Credit Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede and restate the Revolving Credit Commitments on Schedule 1.01A to the Credit Agreement).

Appears in 1 contract

Samples: Abl Credit Agreement (99 Cents Only Stores LLC)

Revolving Commitment Increase. (a) Parent, each other Borrower On the terms and each Revolving Commitment Increase Lender hereby agree that, subject to the satisfaction of the conditions in Section 4 hereof, on the Amendment No. 3 Effective Date (as defined below), the Revolving Commitment Increase of such Revolving Commitment Increase Lender shall become effective and the Revolving Credit Commitments shall be deemed increased by the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.14 of herein and in the Credit Agreement, the Revolving Commitment Increases Increase Lender hereby agrees to (xi) shall be provide the Increase on the Effective Date and (ii) make Revolving Credit Commitments for all purposes under Loans to the Credit Agreement and each of the other Credit Documents and shall have terms identical Borrower in respect thereof from time to time prior to the Revolving Credit Commitments outstanding under the Credit Agreement immediately prior to the Amendment No. 3 Effective Date (but giving effect to any amendments hereunder) and (y) shall, together with the existing Revolving Credit Commitments, be treated as one Class of CommitmentsLoan Maturity Date. (b) ParentOn the Effective Date, (i) each other Borrower and each of the Lenders with Revolving Credit Commitments shall assign to the Revolving Commitment Increase Lender acknowledges Lender, and agrees that upon the Amendment No. 3 Effective Date, such Revolving Commitment Increase Lender shall purchase from each of the Lenders with Revolving Credit Commitments, at the principal amount thereof, such interests in the Revolving Credit Loans outstanding on the Effective Date as shall be a “Lender” undernecessary in order that, after giving effect to all such assignments and purchases, the Revolving Credit Loans will be held by the existing Revolving Credit Lenders and the Revolving Commitment Increase Lender ratably in accordance with their Revolving Credit Commitments after giving effect to the Increase, and for all purposes ofthe participations in respect of Letters of Credit shall be reallocated so that such participations are held ratably among the Lenders in accordance with their commitments after giving effect to the Increase, and (ii) the Borrower shall make any payments required pursuant to Section 2.11 of the Credit Agreement and in connection with the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations assignments described in clause (i) of and shall have all rights of a Lender thereunder. this paragraph (c) After giving effect to such Revolving Commitment Increases, b). Schedule 1.1A hereto sets forth the Revolving Credit Commitment of each Revolving Credit Lender after giving effect to this Agreement. (c) The Revolving Commitment Increase Lender, by delivering its signature page to this Agreement on the Effective Date, shall be as set forth deemed to have acknowledged receipt of, and consented to and approved, each Loan Document and each other document required to be delivered to, or be approved by or satisfactory to, the Administrative Agent or any Lender on Schedule 2 hereto (and such Schedule 2 shall supersede and restate the Revolving Credit Commitments on Schedule 1.01A to the Credit Agreement)Effective Date.

Appears in 1 contract

Samples: Incremental Joinder Agreement (Americold Realty Trust)

Revolving Commitment Increase. (ai) Parent, each other The Borrower and each 2020 Revolving Commitment Increase Lender hereby agree that, subject to the satisfaction of the conditions in Section 4 hereof, on the Amendment No. 3 10 Effective Date (as defined below)immediately after the establishment of the 2020 Revolving Commitment Increase, the 2020 Revolving Commitment Increase of such 2020 Revolving Commitment Increase Lender shall become effective and the Revolving Credit Commitments shall be deemed increased by the aggregate amount of the 2020 Revolving Commitment Increases of such 2020 Revolving Commitment Increase Lenders in the amounts set forth on Schedule 1 I-A hereto. Pursuant to Section 2.14 of the Credit Agreement, the 2020 Revolving Commitment Increases (x) shall be Tranche 4 Revolving Credit Commitments for all purposes under the Credit Agreement and each of the other Credit Loan Documents and shall be of the same Class as, and shall have terms identical to to, the Tranche 4 Revolving Credit Commitments outstanding under the Credit Agreement immediately prior to the Amendment No. 3 Effective Date (but giving effect to any amendments hereunder) and (y) shall, together with the existing Revolving Credit Commitments, be treated as one Class of Commitments. (bii) Parent, each other Borrower and each Each 2020 Revolving Commitment Increase Lender acknowledges and agrees that upon the effectiveness of this Amendment on the Amendment No. 3 10 Effective Date, such 2020 Revolving Commitment Increase Lender shall be a “Lender” and a “Revolving Credit Lender” under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Revolving Credit Lender and Lender thereunder. (ciii) After giving effect This Amendment shall constitute an “Incremental Amendment” with respect to such the 2020 Revolving Commitment Increases, the Revolving Credit Commitment of each Revolving Credit Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede and restate the Revolving Credit Commitments on Schedule 1.01A to Increase for all purposes under the Credit Agreement). (iv) The 2020 Revolving Commitment Increase shall constitute a “Revolving Commitment Increase” for all purposes under the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (SeaWorld Entertainment, Inc.)

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