Common use of Increase in the Revolving Commitment Amount Clause in Contracts

Increase in the Revolving Commitment Amount. (a) The Borrower may, from time to time on any Business Day, request an increase in the Revolving Loan Commitment Amount by delivering an Increase Request to the Agents. Upon receipt of each such Increase Request, the Administrative Agent shall promptly forward such Increase Request to each Lender with a Revolving Loan Commitment, and each such existing Lender with a Revolving Loan Commitment shall have the right (but not the obligation) to commit to all or a specified portion of the proposed increase. (b) Each Lender, acting in its sole discretion, shall, by notice to the Agents given no later than the date (the "Increase Consent Date") that is five Business Days after the date that the Administrative Agent forwards such Increase Request to them, advise the Agents (x) whether or not such Lender agrees to the increase its Revolving Loan Commitment and (y) the principal amount, stated in Dollars, of the proposed increase to the Revolving Loan Commitment of such Lender (any existing Lender agreeing to any increase being called an "Increasing Lender"); provided, that each Lender that determines not to increase its Revolving Loan Commitment (a "Non-Increasing Lender") shall notify the Agents of such fact promptly after such determination (but in any event no later than the Increase Consent Date) and any Lender that does not advise the Agents on or before the Increase Consent Date shall be deemed to be a Non-Increasing Lender. The Syndication Agent shall promptly notify the Borrower of the names of the Increasing Lenders and the Non-Increasing Lenders and the amount of each Increasing Lender's proposed increase upon receipt of each notice from such Lender. The election of any Lender to agree to such increases (as each proposed increase may be decreased during the allocation process set forth in clause (d) below) shall be irrevocable but shall not obligate any other Lender to so agree. (c) If the aggregate amount of the proposed increase in the Revolving Loan Commitments of the then existing Lenders pursuant to clause (b) above is less than the aggregate increase in Revolving Loan Commitments requested by the Borrower, then the proposed increase may be offered to prospective Lenders (and existing Lenders may still consider the offer). Each such prospective Lender (each, a "New Revolving Lender"), shall, by notice to the Borrower and the Agents given no later than five Business Days after the Increase Consent Date, advise the Borrower and the Agents of the amount, stated in Dollars, of the Revolving Loan Commitments to which such New Revolving Lender is willing to commit.

Increase in the Revolving Commitment Amount. (a) The Borrower Notwithstanding any other provision of this Agreement (including Section 15.1), the Company may, from time to time on any Business Daytime, by means of a letter delivered to the Administrative Agent substantially in the form of Exhibit H, request that the Revolving Commitment Amount be increased; provided that (i) the aggregate amount of all such increases during the term of this Agreement shall not exceed $50,000,000 and (ii) any such increase in the Revolving Commitment Amount shall be in an integral multiple of $5,000,000. (b) Any increase in the Revolving Commitment Amount may be effected by (i) increasing the Revolving Commitment of one or more Revolving Lenders which have agreed to such increase and/or (ii) subject to clause (d), adding one or more commercial banks or other Persons as a party hereto (each an "Additional Lender") with a Revolving Commitment in an amount agreed to by any such Additional Lender. (c) Any increase in the Revolving Commitment Amount pursuant to this Section 6.2.2 shall be effective three Business Days (or such other period agreed to by the Administrative Agent, the Company and, as applicable, each Revolving Lender that has agreed to increase its Revolving Commitment and each Additional Lender) after the date on which the Administrative Agent has received and acknowledged receipt of the applicable increase letter in the form of Annex 1 (in the case of an increase in the Revolving Loan Commitment Amount by delivering of an Increase Request existing Revolving Lender) or Annex 2 (in the case of the addition of an Additional Lender) to Exhibit H. (d) No Additional Lender shall be added as a party hereto without the Agents. Upon receipt written consent of each such Increase Request, the Administrative Agent shall promptly forward and, if such Increase Request to each Additional Lender with will have a Revolving Loan Commitment, the Issuing Lenders and each such existing the Swing Line Lender with a (which consents shall not be unreasonably withheld), and no increase in the Revolving Loan Commitment shall have the right (but not the obligation) to commit to all Amount may be effected if an Event of Default or a specified portion an Unmatured Event of the proposed increaseDefault exists. (be) Each Lender, acting in its sole discretion, shall, by notice to the Agents given no later than the date (the "Increase Consent Date") that is five Business Days after the date that the The Administrative Agent forwards such Increase Request to them, advise the Agents (x) whether or not such Lender agrees to the increase its Revolving Loan Commitment and (y) the principal amount, stated in Dollars, of the proposed increase to the Revolving Loan Commitment of such Lender (any existing Lender agreeing to any increase being called an "Increasing Lender"); provided, that each Lender that determines not to increase its Revolving Loan Commitment (a "Non-Increasing Lender") shall notify the Agents of such fact promptly after such determination (but in any event no later than the Increase Consent Date) and any Lender that does not advise the Agents on or before the Increase Consent Date shall be deemed to be a Non-Increasing Lender. The Syndication Agent shall promptly notify the Borrower of the names of the Increasing Lenders Company and the Non-Increasing Lenders and of any increase in the amount of each Increasing Lender's proposed increase upon receipt the Revolving Commitment Amount pursuant to this Section 6.2.2 and of the Revolving Commitment and Revolving Percentage of each notice from such LenderLender after giving effect thereto. The election parties hereto agree that, notwithstanding any other provision of this Agreement (including Section 15.1), the Administrative Agent, the Company, each Additional Lender and each increasing Lender, as applicable, may make arrangements to stage the timing of any such increase, or to cause an Additional Lender or an increasing Lender to agree to such increases (as each proposed increase may be decreased during temporarily hold risk participations in the allocation process set forth in clause (d) below) shall be irrevocable but shall not obligate any other Lender to so agree. (c) If the aggregate amount outstanding Revolving Loans of the proposed other Lenders (rather than fund its Revolving Percentage of all outstanding Revolving Loans concurrently with the applicable increase), in each case with a view toward minimizing breakage costs and transfers of funds in connection with any increase in the Revolving Loan Commitments Commitment Amount. The Company acknowledges that if, as a result of a non-pro-rata increase in the then existing Lenders pursuant to clause Revolving Commitment Amount, any Revolving Loans are prepaid or converted (bin whole or in part) above is less on a day other than the aggregate increase in Revolving Loan Commitments requested by the Borrowerlast day of an Interest Period therefor, then the proposed increase may such prepayment or conversion shall be offered to prospective Lenders (and existing Lenders may still consider the offer). Each such prospective Lender (each, a "New Revolving Lender"), shall, by notice subject to the Borrower and the Agents given no later than five Business Days after the Increase Consent Date, advise the Borrower and the Agents provisions of the amount, stated in Dollars, of the Revolving Loan Commitments to which such New Revolving Lender is willing to commitSection 8.4.