Common use of Conditions to Increase Clause in Contracts

Conditions to Increase. The following conditions to the increase of the Revolving Credit Commitment shall have been satisfied or waived to the Administrative Agent's reasonable satisfaction: (i) On any date of proposed increase in the Revolving Credit Commitment, the representations and warranties contained in Article IV hereof are true and correct on such date in all material respects, as though made on and as of such date, except to the extent expressly made only as of a prior date; (ii) On any date of a proposed increase in the Revolving Credit Commitment, no Default or Event of Default shall exist on any such date, and no Default or Event of Default would result from such increase in the Revolving Credit Commitment and the subsequent Revolving Credit Advances to the Borrower, up to the amount of the Revolving Credit Commitment (as increased); (iii) The Administrative Agent shall have received a certificate from the Borrower to the effect that (A) such increase has received all Necessary Authorizations, if necessary, and is in compliance with all material Applicable Laws, (ii) no other approvals or consents from any Person are required by any such Person except to the extent they have been received or are immaterial, and (iii) such increase in the Revolving Credit Commitment does not conflict with, or result in violation of, any material agreement or instrument to which the Borrower or any of its Subsidiaries, or any of their respective properties, is subject; (iv) The Administrative Agent shall have delivered to each Lender evidence of new Revolving Credit Specified Percentages and Total Specified Percentages adjusted to give effect to the increase in the Revolving Credit Commitment and any reallocation required in order for each Lender with a Revolving Credit Specified Percentage to have a proportionate share of the Revolving Credit Advances; (v) Each new Lender being added to this Agreement shall deliver to the Borrower and the Administrative Agent documentation acceptable to the Administrative Agent evidencing such new Lender's acceptance of this Agreement and all the other Loan Documents in form and substance reasonably acceptable to the Administrative Agent (and making such Lender a party to this Agreement and the other Loan Documents); (vi) The Administrative Agent on behalf of each Lender shall have received all amendments to any Loan Documents as the Administrative Agent shall deem reasonably necessary; and (vii) The Administrative Agent shall have delivered to the Borrower a notice of the cost of any LIBOR breakage or other costs incurred by any Lender as a result of such increase and any reallocation among the Lenders, and the Borrower shall pay such costs on the date of such increase in immediately available funds to the Administrative Agent on behalf of such Lenders in accordance with the terms of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Home Interiors & Gifts Inc)

Conditions to Increase. The effectiveness of each Incremental Revolving Loan Commitment shall be in the sole discretion of Lender (pursuant to Section 2.6(c)) and shall be subject to the following conditions to the increase that on and as of the Revolving Credit Commitment shall have been satisfied or waived to the Administrative Agent's reasonable satisfactionsuch Incremental Amount Date: (i) On any date No Default would occur or be continuing before or after giving effect to such Incremental Revolving Loan Commitment. (ii) Both before and after giving effect to the consummation of proposed increase in the Incremental Revolving Credit CommitmentLoans, and the transactions related thereto, each of the representations and warranties contained in Article IV hereof are this Agreement and the other Loan Documents shall be true and correct on such date in all material respects, respects to the same extent as though made on and as of such that date, except to the extent expressly made only such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date (provided that if a prior date; (ii) On any date representation and warranty is qualified as to materiality, the materiality qualifier set forth above shall be disregarded with respect to such representation and warranty for purposes of a proposed increase in the Revolving Credit Commitment, no Default or Event of Default shall exist on any such date, and no Default or Event of Default would result from such increase in the Revolving Credit Commitment and the subsequent Revolving Credit Advances to the Borrower, up to the amount of the Revolving Credit Commitment (as increasedthis condition);. (iii) The Administrative Agent shall have received a certificate from After giving effect to such Incremental Revolving Loan, the Borrower to aggregate outstanding principal balance of all Loans hereunder would not exceed [***] of the effect that (A) such increase has received Market Value of all Necessary AuthorizationsCollateral, if necessary, and is as determined by Lender in compliance with all material Applicable Laws, (ii) no other approvals or consents from any Person are required by any such Person except to the extent they have been received or are immaterial, and (iii) such increase in the Revolving Credit Commitment does not conflict with, or result in violation of, any material agreement or instrument to which the Borrower or any of its Subsidiaries, or any of their respective properties, is subject;sole discretion. (iv) The Administrative Agent Borrower shall have deliver or cause to be delivered to each any legal opinions or other documents reasonably requested by Lender evidence of new Revolving Credit Specified Percentages and Total Specified Percentages adjusted to give effect to the increase in the Revolving Credit Commitment and connection with any reallocation required in order for each Lender with a Revolving Credit Specified Percentage to have a proportionate share of the Revolving Credit Advances;such transaction. (v) Each new Lender being added An amendment to this each of the Credit Agreement shall deliver to the Borrower and the Administrative Agent documentation acceptable to the Administrative Agent evidencing such new Lender's acceptance of this Agreement and all the other Loan Documents then existing Revolving Credit Note, in each case in form and substance reasonably acceptable satisfactory to the Administrative Agent (and making Lender, pursuant to which, effective as of such Incremental Amount Date, Lender a party to this Agreement shall provide its Incremental Revolving Loan Commitment, shall be duly executed by Lender and the other Loan DocumentsBorrowers (each, an “Increased Commitment Agreement”);. (vi) The Administrative Agent on behalf A certificate of each Lender a Responsible Officer shall have received all amendments to any Loan Documents as the Administrative Agent shall deem reasonably necessary; and (vii) The Administrative Agent shall have be delivered to Lender stating that the Borrower a notice of the cost of any LIBOR breakage or other costs incurred by any Lender as a result of conditions with respect to such increase and any reallocation among the Lenders, and the Borrower shall pay such costs on the date of such increase in immediately available funds to the Administrative Agent on behalf of such Lenders in accordance with the terms of the Credit AgreementIncremental Revolving Loan Commitment under this Section 2.6(b) have been satisfied.

Appears in 1 contract

Sources: Credit and Security Agreement (AmeriHome, Inc.)