Revolving Commitment Increase. (a) Pursuant to Section 2.04 of the Existing Credit Agreement, the Aggregate Revolving Loan Commitments are increased to $250,000,000.00. Each Lender’s Revolving Loan Commitment is as set forth on the attached Schedule 2.01 to this Amendment, which amends and supersedes Schedule 2.01 to the Existing Credit Agreement in its entirety. After giving effect to the foregoing Revolving Commitment Increase, there is $0 in available capacity for any further Revolving Commitment Increases. The maximum aggregate amount of (i) Canadian Dollar Loans permitted under the Credit Agreement is increased to $50,000,000.00, (ii) Swingline Loans permitted under the Credit Agreement remains $20,000,000.00, and (iii) Canadian Dollar Swingline Loans permitted under the Credit Agreement remains $5,000,000.00. (b) Each Lender consents to the Revolving Loan Commitments set forth on Schedule 2.01 to this Amendment, to be effective on the Effective Date, and agrees to make allocations among themselves on the Effective Date so that each Lender’s pro rata share of all outstanding Loans is equal to that Lender’s pro rata share of the Revolving Loan Commitments (as amended). The reallocation of the Revolving Loan Commitments and Loans among the Lenders on the Effective Date will be deemed to have been consummated pursuant to an Assignment and Assumption attached as Exhibit A to the Credit Agreement as if the Lenders had executed an Assignment and Assumption with respect to the reallocation. (c) If, as a result of the reallocation effected under this Section 2, any Lender incurs any loss, cost or expense as a result of any payment of a Eurodollar Loan or CDOR Loan before the last day of the Interest Period applicable thereto (whether such payment is by the Borrowers or by reallocation of the outstanding Eurodollar Loans or CDOR Loans) and such Lender makes a request for compensation, the Borrowers shall pay to the Administrative Agent for the account of such Lender any amounts required to compensate such Lender under Section 2.16
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Samples: Credit Agreement (Matrix Service Co)
Revolving Commitment Increase. (a) Pursuant to Section 2.04 The Revolving Commitments of each Increased Commitment Lender shall, as of the Existing Credit AgreementAmendment Effective Date (as defined below), be increased in the Aggregate Revolving Loan Commitments are increased to $250,000,000.00. Each Lender’s Revolving Loan Commitment is as amount set forth opposite such Increase Commitment Lenders name on the attached Schedule 2.01 to this Amendment, which amends and supersedes Schedule 2.01 to the Existing Credit Agreement in its entirety. After giving effect to the foregoing Revolving Commitment Increase, there is $0 in available capacity for any further Revolving Commitment Increases. The maximum aggregate amount of (i) Canadian Dollar Loans permitted under the Credit Agreement is increased to $50,000,000.00, (ii) Swingline Loans permitted under the Credit Agreement remains $20,000,000.00, and (iii) Canadian Dollar Swingline Loans permitted under the Credit Agreement remains $5,000,000.001 hereto.
(b) Each As of the Amendment Effective Date, each existing Revolving Lender consents that is not an Increased Commitment Lender (a “Non-Increased Lender”) (without the need for execution of any document) shall be deemed to have irrevocably sold and assigned to each Increased Commitment Lender, and each Increased Commitment Lender shall be deemed to have irrevocably purchased and assumed from each Non-Increased Lender, (i) in the respective principal amounts (together with accrued interests) such interests in the Revolving Loan Loans outstanding on the Amendment Effective Date as necessary so that, after giving effect to all such assignments and purchases, the Revolving Loans and any unused Revolving Commitments are held by the Non-Increased Lenders and the Increased Commitment Lenders ratably based on the allocation of Revolving Commitments set forth on Schedule 2.01 to this Amendment, to be effective on the Effective Date, and agrees to make allocations among themselves on the Effective Date so that each Lender’s pro rata share of all outstanding Loans is equal to that Lender’s pro rata share of the Revolving Loan Commitments (as amended). The reallocation of the Revolving Loan Commitments and Loans among for the Lenders on Appendix A hereto and (ii) all of such Non-Increased Lenders’ rights and obligations in their respective capacities as Revolving Lenders under the Effective Date will Credit Agreement and the other Credit Documents in respect of such purchased and assumed Revolving Loans. Such sales, assignments, purchases and assumptions shall be deemed to have been consummated effected pursuant to an the same terms and conditions as set forth in the form of Assignment and Assumption Agreement attached as Exhibit A E to the Credit Agreement as if Agreement. Other than this Amendment and any replacement Revolving Loan Note to be provided to any Lender that requests such replacement Note in the Lenders had executed an applicable principal amount (not to exceed such Lender’s Revolving Commitment upon giving effect to the November 2015 Increased Commitments), no document or instrument (including any Assignment and Assumption Assumption) shall be required to be executed in connection with any such sale, assignment, purchase and assumption. Each Increased Commitment Lender and Non-Increased Lender shall make such cash settlements between themselves, in a manner acceptable to and approved by the Administrative Agent, as they deem necessary and desirable with respect to such sales, assignments, purchases and assumptions. The Administrative Agent and each Borrower hereby consent to the reallocationassignments provided for in this Section 2(b). The consent of no other Person to such assignments shall be required to give effect to the November 2015 Increased Commitments.
(c) If, as a result The reference to “$450,000,000 Revolving Credit Facilities” on the cover of the reallocation effected under this Section 2, any Lender incurs any loss, cost or expense Credit Agreement shall be amended and restated as a result of any payment of a Eurodollar Loan or CDOR Loan before the last day “$500,000,000 Revolving Credit Facilities”.
(d) Third paragraph of the Interest Period applicable thereto (whether such payment Recitals is by the Borrowers or by reallocation of the outstanding Eurodollar Loans or CDOR Loans) hereby amended and such Lender makes a request for compensation, the Borrowers shall pay restated in its entirety to the Administrative Agent for the account of such Lender any amounts required to compensate such Lender under Section 2.16read as follows:
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Pattern Energy Group Inc.)
Revolving Commitment Increase. A. The Borrower confirms and agrees that (ai) Pursuant it has requested an increase in the Revolving Credit Commitments in the amount of $25,000,000 from the Revolving Commitment Increase Lenders pursuant to and on the terms set forth in Section 2.04 2.14(a) of the Existing Credit Agreement, effective on the Aggregate Second Amendment Effective Date (as defined in Section III below), (ii) on the Second Amendment Effective Date, the Borrower will borrow (and hereby requests funding of) Revolving Loan Commitments are increased to $250,000,000.00. Each Lender’s Loans from the Revolving Loan Commitment is Increase Lenders in the amount required by Section 2.14(a) of the Credit Agreement for application as therein set forth on (including the attached Schedule 2.01 payment of any amount required to this Amendment, which amends be paid under Section 3.05) and supersedes Schedule 2.01 (iii) prior to the Existing Credit Agreement in its entirety. After giving effect Second Amendment Effective Date, the Borrower will deliver to the foregoing Administrative Agent a timely Committed Loan Notice to effect all Borrowings of Revolving Credit Loans of the Revolving Commitment Increase, there is $0 in available capacity for any further Increase Lenders required pursuant to Section 2.14(a).
B. Each Revolving Commitment Increases. The maximum aggregate amount of Increase Lender agrees that (i) Canadian Dollar Loans permitted effective on and at all times after the Second Amendment Effective Date, in addition to all Revolving Commitments of such Lender (if any) outstanding prior to the Second Amendment Effective Date, such Revolving Commitment Increase Lender will be bound by all obligations of a Lender under the Credit Agreement is increased to $50,000,000.00, (ii) Swingline Loans permitted under in respect of an additional Revolving Commitment in the Credit Agreement remains $20,000,000.00, and (iii) Canadian Dollar Swingline Loans permitted under the Credit Agreement remains $5,000,000.00.
(b) Each Lender consents to the Revolving Loan Commitments amount set forth on Schedule 2.01 to this Amendment, to be effective on the Effective Date, and agrees to make allocations among themselves on the Effective Date so that each Lender’s pro rata share of all outstanding Loans is equal to that Lender’s pro rata share of the Revolving Loan Commitments (as amended). The reallocation of the Revolving Loan Commitments and Loans among the Lenders on the Effective Date will be deemed to have been consummated pursuant to an Assignment and Assumption attached as Exhibit A to the Credit Agreement as if the Lenders had executed an Assignment and Assumption with respect to the reallocation.
(c) If, as a result of the reallocation effected under this Section 2, any its Lender incurs any loss, cost or expense as a result of any payment of a Eurodollar Loan or CDOR Loan before the last day of the Interest Period applicable thereto (whether such payment is by the Borrowers or by reallocation of the outstanding Eurodollar Loans or CDOR Loans) and such Lender makes a request for compensation, the Borrowers shall pay Addendum delivered to the Administrative Agent on or before the Second Amendment Effective Date and (ii) on the Second Amendment Effective Date such Revolving Commitment Increase Lender will (A) fund Revolving Loans in the amount required by Section 2.14(a) of the Credit Agreement for application as therein set forth and (B) irrevocably purchase from each Revolving Credit Lender a risk participation in each Letter of Credit and in each Swing Line Loan outstanding on the account Second Amendment Effective Date such that, after giving effect to each such deemed assignment and assumption of participations, the percentage of the aggregate outstanding (1) participations in Letters of Credit and (2) participations in Swing Line Loans held by each Revolving Credit Lender (including each Revolving Commitment Increase Lender) will equal the percentage of the aggregate Revolving Credit Commitments of all Revolving Credit Lenders represented by such Revolving Credit Lender’s Revolving Credit Commitment. On the Second Amendment Effective Date, each Revolving Commitment Increase Lender which was not a Lender prior to the Second Amendment Effective Date will become a Lender for all purposes of the Credit Agreement. The obligations of the Revolving Commitment Increase Lenders hereunder are in all respects several and not joint. No Revolving Commitment Increase Lender is or ever shall be in any amounts required to compensate such respect responsible or liable for any obligation of any other Revolving Commitment Increase Lender under Section 2.16or any other Lender.
Appears in 1 contract
Revolving Commitment Increase. (a) Pursuant to Section 2.04 Each Additional Lender shall, as of the Existing Amendment Effective Date (as defined below), become a party to the Credit Agreement as a Lender with a Revolving Commitment in the amount set forth opposite such Additional Lender’s name on Appendix A hereto, as such Revolving Commitment may thereafter be changed from time to time pursuant to the terms of the Credit Agreement, the Aggregate Revolving Loan Commitments are increased to $250,000,000.00. Each Lender’s Additional Lender shall, as of the Amendment Effective Date, have all rights and obligations of a Revolving Loan Commitment is as set forth on the attached Schedule 2.01 to this Amendment, which amends and supersedes Schedule 2.01 to the Existing Credit Agreement in its entirety. After giving effect to the foregoing Revolving Commitment Increase, there is $0 in available capacity for any further Revolving Commitment Increases. The maximum aggregate amount of (i) Canadian Dollar Loans permitted Lender under the Credit Agreement is increased to $50,000,000.00, (ii) Swingline Loans permitted under and the other Credit Agreement remains $20,000,000.00, and (iii) Canadian Dollar Swingline Loans permitted under the Credit Agreement remains $5,000,000.00Documents.
(b) Each As of the Amendment Effective Date, each existing Lender consents (without the need for execution of any document) shall be deemed to have irrevocably sold and assigned to each Additional Lender, and each Additional Lender shall be deemed to have irrevocably purchased and assumed from each existing Revolving Lender, (i) in the respective principal amounts (together with accrued interests) such interests in the Revolving Loan Loans outstanding on the Amendment Effective Date as necessary so that, after giving effect to all such assignments and purchases, the Revolving Loans and any unused Revolving Commitments are held by the existing Lenders and the Additional Lenders ratably based on the allocation of Revolving Commitments set forth on Schedule 2.01 to this Amendment, to be effective on the Effective Date, and agrees to make allocations among themselves on the Effective Date so that each Lender’s pro rata share of all outstanding Loans is equal to that Lender’s pro rata share of the Revolving Loan Commitments (as amended). The reallocation of the Revolving Loan Commitments and Loans among for the Lenders on Appendix A hereto and (ii) all of such existing Lenders’ rights and obligations in their respective capacities as Revolving Lenders under the Effective Date will Credit Agreement and the other Credit Documents in respect of such Revolving Loans. Such sales, assignments, purchases and assumptions shall be deemed to have been consummated effected pursuant to an the same terms and conditions as set forth in the form of Assignment and Assumption Agreement attached as Exhibit A E to the Credit Agreement. Other than this Agreement as if and any replacement Revolving Loan Note to be provided to any existing Lender that requests such replacement Note in the Lenders had executed an applicable principal amount (not to exceed such existing Lender’s reduced Revolving Commitment), no document or instrument (including any Assignment and Assumption Assumption) shall be required to be executed in connection with any such sale, assignment, purchase and assumption. Each Additional Lender and existing Revolving Lender shall make such cash settlements between themselves, in a manner acceptable to and approved by the Administrative Agent, as they deem necessary and desirable with respect to such sales, assignments, purchases and assumptions. The Administrative Agent and each Borrower hereby consent to the reallocationassignments provided for in this Section 2(b). The consent of no other Person to such assignments shall be required to give effect to the 2015 Increased Commitments.
(c) If, as a result The reference to “$350,000,000 Revolving Credit Facilities” on the cover of the reallocation effected under this Section 2, any Lender incurs any loss, cost or expense Credit Agreement shall be amended and restated as a result of any payment of a Eurodollar Loan or CDOR Loan before the last day “$450,000,000 Revolving Credit Facilities”.
(d) Third paragraph of the Interest Period applicable thereto (whether such payment Recitals is by the Borrowers or by reallocation of the outstanding Eurodollar Loans or CDOR Loans) hereby amended and such Lender makes a request for compensation, the Borrowers shall pay restated in its entirety to the Administrative Agent for the account of such Lender any amounts required to compensate such Lender under Section 2.16read as follows:
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Pattern Energy Group Inc.)