Examples of Accordion Activation in a sentence
Any agreement by a Lender to increase its commitment to make U.S. Advances hereunder shall be an Accordion Activation (“Accordion Activation”).
On the effective date of the Accordion Activation effected in accordance with this Section 2.2.A(h), Schedule C-1 annexed hereto shall be deemed to be amended to reflect (x) the name, address, Commitment, and Pro Rata Share of each U.S. Lender after giving effect to such Accordion Activation, and (y) the Maximum Revolver Amount and U.S. Commitments as increased by such Accordion Activation.
In addition, to the extent any Lender hereunder agrees to make U.S. Advances pursuant to a request for an Accordion Activation, U.S. Borrowers shall pay Agent (for the ratable benefit of the Accordion Lenders, subject to any letter agreement between Agent and Accordion Lenders), a fee in an amount to be agreed upon by the U.S. Borrowers and the Agent.
Additional U.S. Advances may not be advanced in respect thereof, (1) if the aggregate U.S. Commitment to be increased pursuant to this Section 2.2.A(h) is in an amount which exceeds, in the aggregate, the Accordion Amount and (2) if a Default or Event of Default will occur as a result of such Accordion Activation.
Amendment to Section 1.1 of the Loan Agreement (definition of Accordion Activation Fee).
Agent shall notify Administrative Borrower and each Lender of the Lenders’ responses to each request for an Uncommitted Accordion Activation made hereunder.
Any such Committed Accordion Activation shall be provided on a pro rata basis by each of the Lenders and shall otherwise be on the same terms as the existing facility under this Agreement.
The covenants set forth in this Section will not be applicable to Company in any fiscal month during which Company maintains Excess Availability at all times of (i) $7,500,000 or more prior to the Accordion Activation and (ii) $10,000,000 or more following the Accordion Activation, provided, that in each case no Event of Default has occurred and is continuing.
Such fee shall be deemed fully earned and be due and payable such Accordion Activation Date.
Upon the effective date (the “Committed Accordion Effective Date”) of any such Committed Accordion Activation (i) the Aggregate Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Committed Accordion Activation, and (ii) Schedule C-1 shall be deemed modified, without further action, to reflect the revised Commitments and Pro Rata Share of the Lenders.