Term Loan Commitment Increase Sample Clauses

Term Loan Commitment Increase. Borrower may by written notice (it being understood and agreed that Borrower shall not deliver more than three such written notices) to Administrative Agent elect to request the establishment of new term loan commitments (each, a “New Term Loan Commitment” and collectively, the “New Term Loan Commitments”) in an aggregate amount not to exceed the sum of (a) $200,000,000 plus, (b) as of any date, an additional amount such that, after giving pro forma effect to the funding of such amount, the Senior Secured Leverage Ratio as of the last day of the most recently ended Fiscal Quarter for which financial statements are then available and have been delivered pursuant to Section 5.1(b) or Section 5.1(c) does not exceed 2.00:1.00 (it being understood and agreed that for purposes of this calculation the proceeds of the relevant Series of New Term Loans shall not be considered “Available Cash” as otherwise contemplated in the definition of “Senior Secured Leverage Ratio”) minus the aggregate amount of Indebtedness of Holdings and its Subsidiaries incurred pursuant to Section 6.1(c)). Each such notice shall specify (A) the date (each, an “Increased Amount Date”) on which Borrower proposes that the New Term Loan Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to Administrative Agent and (B) the identity of each Lender or other Person that is an Eligible Assignee (each, a “New Term Loan Lender”) to whom Borrower proposes any portion of such New Term Loan Commitments be allocated and the amounts of such allocations; provided that Administrative Agent may elect or decline to arrange such New Term Loan Commitments in its sole discretion and any Lender approached to provide all or a portion of the New Term Loan Commitments may elect or decline, in its sole discretion, to provide a New Term Loan Commitment. Such New Term Loan Commitments shall become effective as of such Increased Amount Date; provided that (1) no Event of Default shall exist on such Increased Amount Date after giving effect to such New Term Loan Commitments and the funding of the New Term Loans thereunder; (2) the representations and warranties contained herein and in the other Credit Documents shall be true and correct in all material respects (and in all respects to the extent that such representation and warranty is already qualified by materiality) on and as of the Increased Amount Date to the same extent as though ma...