Common use of Accordion Clause in Contracts

Accordion. 4.1 Accordion The Borrower shall have the right to request, upon at least sixty (60) days written notice to the Agent, to increase the amount of the Credit Facility by up to C$50,000,000 in the aggregate at any time, subject to a minimum amount of C$20,000,000 for each request, on or before the Maturity Date, to the extent that the Agent has received binding commitments from existing Lenders for the entire amount requested (the “New Commitments”), provided that (i) no Default or Event of Default shall have occurred and then be continuing (without having been cured or waived as provided in this Agreement) or shall result from such increase, (ii) no commitment of any Lender shall be increased without the written consent of such Lender, (iii) no Default or Event of Default shall have occurred or be continuing on the date such increase may take effect or after giving effect to the New Commitments, including without limitation, compliance with the financial covenants set forth in Section 11.2, (iv) the New Commitments of the Lenders shall be effected pursuant to an amendment to this Agreement in form and substance acceptable to the Agent executed and delivered by the Borrower, the other Obligors, the Lenders and the Agent, (v) the Borrower shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by the Agent in connection with such transaction, and (vi) the Borrower shall pay to the Agent a fee to be determined at the time the request to draw the Accordion is made. No Lender shall be under any obligation or commitment to agree to any request under this Article 4 and if all conditions set forth herein for the New Commitments are not being complied with, the amount of the Credit Facility shall not be increased.

Accordion. 4.1 Accordion The Borrower (a) At any time during the period from and after the Closing Date through April 30, 2015, at the option of Borrowers (but subject to satisfaction of the conditions precedent set forth in paragraph (b) of this Section 2.2), the Maximum Revolver Amount may be increased pursuant to this paragraph (a) by an amount of up to $5,000,000 in the aggregate. Each such increase under this paragraph (a) is referred to in this Agreement as an “Increase”. Each Increase shall have be in the right amount of $2,500,000. With respect to requesteach Increase, upon at least sixty Borrowers shall (60i) days provide a written notice request to the Agent, Lender to increase the Maximum Revolver Amount, with such written request to specify the proposed effective date of such Increase (which effective date shall be no sooner than 10 Business Days after receipt by Lender of such written request and satisfaction by Borrowers of the conditions precedent set forth in paragraph (b) of this Section 2.2), and (ii) pay a one-time origination fee equal to 1.0% of the amount of the Credit Facility by up to C$50,000,000 in the aggregate at any time, subject to a minimum amount of C$20,000,000 for each request, such Increase on or before the Maturity Dateeffective date of each such Increase. Upon payment of each such origination fee, such fees shall be deemed to be fully earned and nonrefundable under all circumstances. (b) Each of the following shall be conditions precedent to the extent that Increase of the Agent has received binding commitments from existing Lenders for Maximum Revolver Amount in connection therewith: (i) each of the entire amount requested conditions precedent set forth in Section 4.2 are satisfied, and (ii) Borrowers have delivered to Lender (a) a certificate, in form and substance satisfactory to Lender, executed by the “New Commitments”)Chief Financial Officer of Borrowers, provided certifying that (i1) no Default or Event of Default shall have has occurred and then be is continuing (without having been cured or waived as provided in this Agreement) or shall result from such increase, (ii) no commitment of any Lender shall be increased without the written consent of such Lender, (iii) no Default or Event of Default shall have occurred or be continuing on the date such increase may take effect or will occur after giving effect to the New Commitments, including without limitation, applicable Increase and (2) Borrowers are in compliance with the financial covenants set forth in Section 11.2, (iv) 8 for the New Commitments most recent test date for each financial covenant immediately preceding the proposed date of the Lenders Increase. (c) Unless otherwise specifically provided herein, all references in this Agreement and any other Loan Document to Advances shall be effected deemed, unless the context otherwise requires, to include Advances made pursuant to an amendment any increase in the Maximum Revolver Amount pursuant to this Agreement in form and substance acceptable to the Agent executed and delivered by the Borrower, the other Obligors, the Lenders and the Agent, (v) the Borrower shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by the Agent in connection with such transaction, and (vi) the Borrower shall pay to the Agent a fee to be determined at the time the request to draw the Accordion is made. No Lender shall be under any obligation or commitment to agree to any request under this Article 4 and if all conditions set forth herein for the New Commitments are not being complied with, the amount of the Credit Facility shall not be increasedSection 2.2.

Accordion. 4.1 Accordion The Borrower shall have the right to request, upon at least sixty (60) days written notice to the Agent, to increase the amount of the Credit Facility by up to C$50,000,000 15,000,000 in the aggregate at any time, subject to a minimum amount of C$20,000,000 10,000,000 for each request, on or before the Maturity Date, to the extent that the Agent has received binding commitments from existing Lenders for the entire amount requested (the “New Commitments”), provided that (i) no Default or Event of Default shall have occurred and then be continuing (without having been cured or waived as provided in this Agreement) or shall result from such increase, (ii) no commitment of any Lender shall be increased without the written consent of such Lender, (iii) no Default or Event of Default shall have occurred or be continuing on the date such increase may take effect or after giving effect to the New Commitments, including without limitation, compliance with the financial covenants set forth in Section 11.212.2, (iv) the New Commitments of the Lenders shall be effected pursuant to an amendment to this Agreement in form and substance acceptable to the Agent executed and delivered by the Borrower, the other Obligors, the Lenders and the Agent, (v) the Borrower shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by the Agent in connection with such transaction, and (vi) the Borrower shall pay to the Agent a fee to be determined at the time the request to draw the Accordion is made. No Lender shall be under any obligation or commitment to agree to any request under this Article ARTICLE 4 and if all conditions set forth herein for the New Commitments are not being complied with, the amount of the Credit Facility shall not be increased.