Common use of Additional Uncommitted Revolving Facility Commitments Clause in Contracts

Additional Uncommitted Revolving Facility Commitments. (a) Subject to Clauses 5.5(b) to (e), the Borrower shall have the option to increase the Total Revolving Facility Commitments to an amount up to the Total New Revolving Facility Commitments. (b) The Borrower may only exercise its option pursuant to Clause 5.5(a) if: (i) a bank or other financial institution (the “New Revolving Commitment Lender”) accedes by way of a Transfer Certificate to this Agreement as a New Lender pursuant to Clause 26.1 (Assignments and transfers by the Lenders); (ii) the Lenders’ Revolving Facility Commitment is reduced to a maximum amount of US$50,000,000 by way of a transfer of the New Revolving Facility Transfer Amount pursuant to Clause 26 (Changes to Lenders) in a form acceptable to the Lenders and Part II of Schedule 1 (The Original Parties) shall be considered to be amended accordingly; (iii) it pays: (A) a participation fee to the New Revolving Commitment Lender in an amount to be agreed between the Borrower, the New Revolving Commitment Lender and the Lenders; and (B) a placement fee to the Lenders in an amount to be agreed between the Borrower and the Lenders.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Cascal N.V.)

Additional Uncommitted Revolving Facility Commitments. (a) Subject to Clauses 5.5(b) to (e), the Borrower Borrowers shall have the option to increase the Total Revolving Facility Commitments to an amount up to the Total New Revolving Facility Commitments. (b) The Borrower Borrowers may only exercise its their option pursuant to Clause 5.5(a) if: (i) a bank or other financial institution (the “New Revolving Commitment Lender”) accedes by way of a Transfer Certificate to this Agreement as a New Lender pursuant to Clause 26.1 (Assignments and transfers by the Lenders); (ii) the Lenders’ Revolving Facility Commitment is reduced to a maximum amount of US$50,000,000 by way of a transfer of the New Revolving Facility Transfer Amount pursuant to Clause 26 (Changes to Lenders) in a form acceptable to the Lenders and Part II of Schedule 1 (The Original Parties) shall be considered to be amended accordingly; (iii) subject to the terms and limitations of paragraph 6 of the Syndication Side Letter, it pays: (A) a participation fee to the New Revolving Commitment Lender in an amount to be agreed between the BorrowerBorrowers, the New Revolving Commitment Lender and the Lenders; and (B) a placement fee to the Lenders in an amount to be agreed between the Borrower Borrowers and the Lenders.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Cascal N.V.)