Examples of Foreign Subsidiary Incremental Facility in a sentence
The Borrowers may also specify any fees offered to those Lenders and/or Additional Lenders (the “Foreign Subsidiary Lenders”) that agree to provide such Foreign Subsidiary Incremental Facilities or increases thereto, as applicable, which fees may be variable based upon the amount by which any such Foreign Subsidiary Lender is willing to increase the principal amount of its Foreign Subsidiary Incremental Commitments and/or provide a new Foreign Subsidiary Incremental Facility, as applicable.
No Lender shall have any obligation, express or implied, to offer to provide any Foreign Subsidiary Incremental Facility or to increase its existing Foreign Subsidiary Incremental Commitments.
No Lender shall have any obligation, express or implied, to offer to provide any Foreign Subsidiary Incremental Facility or to increase its existing Foreign Subsidiary Revolver Commitments.
Following the effective date of the Foreign Subsidiary Incremental Facility and/or increase to the Foreign Subsidiary Revolver Commitments, Agent shall deliver to Borrower Agent a schedule to the Agreement reflecting the Foreign Subsidiary Incremental Facility and/or increases to the aggregate Foreign Subsidiary Revolver Commitments.
Any request under this Section 2.1.6 shall be submitted by Borrower Agent to Agent (and Agent shall forward copies to Lenders), specify the proposed effective date and the amount of the requested Foreign Subsidiary Incremental Facility or increase thereto, as applicable, and be accompanied by an officer’s certificate of Borrower Agent stating that no Default or Event of Default exists or will occur as a result of such establishment or increase(s), as applicable.
Each New Foreign Subsidiary Lender designated by Borrower Agent and reasonably acceptable to Agent shall become an additional party hereto as a New Foreign Subsidiary Lender concurrently with the effectiveness of the proposed Foreign Subsidiary Incremental Facility or increase in the aggregate principal amount of the Foreign Subsidiary Revolver Commitments, as applicable, upon its execution of a joinder agreement in form and substance reasonably satisfactory to Agent.
Borrower Agent may also specify any fees offered to those Lenders (the “Foreign Subsidiary Lenders”) that agree to provide the Foreign Subsidiary Incremental Facility or increases thereto, as applicable, which fees may be variable based upon the amount by which any such Lender is willing to increase the principal amount of its Foreign Subsidiary Revolver Commitments and/or provide a new Foreign Subsidiary Incremental Facility, as applicable.
Each Foreign Subsidiary Lender that desires to participate in the Foreign Subsidiary Incremental Facility and/or increase its Foreign Subsidiary Revolver Commitment (each a “Foreign Subsidiary Responding Lender”), shall as soon as practicable specify the amount of each such proposed Foreign Subsidiary Revolver Commitment or increase thereto, as applicable, which it is willing to assume.
Any request under this Section 2.1.4(e) shall be submitted by Borrower to Agent (and Agent shall forward copies to Lenders), specify the proposed effective date and the amount of each such requested Foreign Subsidiary Incremental Facility or increase thereto, as applicable, and be accompanied by an officer’s certificate of Borrower stating that no Default or Event of Default exists or will occur as a result of such establishment or increase(s), as applicable.
Only the consent of each Foreign Subsidiary Lender and Agent shall be required for the establishment of a Foreign Subsidiary Incremental Facility and/or increase in the aggregate principal amount of the Foreign Subsidiary Revolver Commitments pursuant to this Section 2.1.4(e).