Increase in Total Commitment Sample Clauses
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Increase in Total Commitment. (a) The Company may from time to time, by written notice to the Administrative Agent (which shall deliver a copy thereof to each Lender), request that the Total Commitment be increased by an amount not to exceed the Incremental Facility Amount at such time. Such notice shall set forth the amount of the requested increase in the Total Commitment (which shall be an integral multiple of $10,000,000) and the date on which such increase is requested to become effective (which shall not be less than 10 Business Days or more than 60 days after the date of such notice), and shall offer to each Lender the opportunity to increase its Commitment by its Pro Rata Percentage of the proposed increased amount. Each Lender shall, by notice to the Company and the Administrative Agent given not more than 10 days after the date on which the Administrative Agent shall have delivered the Company’s notice, either agree to increase its Commitment by all or a portion of the offered amount (each Lender so agreeing being an “Increasing Lender”) or decline to increase its Commitment (and any Lender that does not deliver such notice within such period of 10 days shall be deemed to have declined to increase its Commitment) (each Lender so declining or being deemed to have declined being a “Non-Increasing Lender”). In the event that, on the 10th day after the Administrative Agent shall have delivered the Company’s notice, the Lenders shall have agreed pursuant to the preceding sentence to increase their Commitments by an aggregate amount less than the increase in the Total Commitment requested by the Company, the Company may arrange for one or more banks or other financial institutions (any such bank or other financial institution referred to in this clause (a) being called an “Augmenting Lender”), which may include any Lender, to extend Commitments or increase their existing Commitments in an aggregate amount equal to the unsubscribed amount; provided that each Augmenting Lender, if not already a Lender hereunder, shall be subject to the approval of the Administrative Agent and the Company and each Augmenting Lender shall execute all such documentation as the Administrative Agent shall specify to evidence its Commitment and/or its status as a Lender hereunder. Any increase in the Total Commitment may be made in an amount which is less than the increase requested by the Company if the Company is unable to arrange for, or chooses not to arrange for, Augmenting Lenders.
Increase in Total Commitment. (a) Provided that no Default or Event of Default has occurred and is continuing, subject to the terms and conditions set forth in this §2.11, the Borrower shall have the option at any time and from time to time before the date that is forty-five (45) days prior to the Revolving Credit Maturity Date (as the same may be extended pursuant to §2.12 below), Term Loan A Maturity Date, Term Loan B Maturity Date or Term Loan C Maturity Date, as applicable, to request an increase in the Total Revolving Credit Commitment, the Total Term Loan A Commitment, the Total Term Loan B Commitment and/or the Total Term Loan C Commitment by an additional amount of up to $245,000,000.00 in the aggregate (which, assuming no previous reduction in the Total Revolving Credit Commitment, the Total Term Loan A Commitment, the Total Term Loan B Commitment and/or the Total Term Loan C Commitment, would result in a maximum Total Commitment of $725,000,000.00), by giving written notice to the Agent (each, an “Increase Notice”; and the amount of such requested increase is the “Commitment Increase”), provided that any such individual increase must be in a minimum amount of $5,000,000.00. Upon receipt of any Increase Notice, the Agent shall consult with Arranger and shall notify the Borrower of the amount of facility fees to be paid to any Lenders who provide an additional Revolving Credit Commitment, Term Loan A Commitment, Term Loan B Commitment and/or Term Loan C Commitment, as applicable, in connection with such increase in the Revolving Credit Commitment, Term Loan A Commitment, Term Loan B Commitment and/or Term Loan C Commitment, as applicable (which shall be in addition to the fees to be paid to Arranger pursuant to the Agreement Regarding Fees). If the Borrower agrees to pay the facility fees so determined (and/or such other fees as may be agreed to by the Borrower, Agent and/or Arranger in connection with such Commitment Increase), then the Agent shall send a notice to all Revolving Credit Lenders, Term Loan A Lenders, Term Loan B Lenders and/or Term Loan C Lenders, as applicable (the “Additional Commitment Request Notice”) informing them of the Borrower’s request to increase the Total Revolving Credit Commitment, the Total Term Loan A Commitment, the Total Term Loan B Commitment or the Total Term Loan C Commitment, as applicable, and of the facility fees to be paid with respect thereto. Each Revolving Credit Lender, Term Loan A Lender, Term Loan B Lender or Term Loan C Lender, as...
Increase in Total Commitment. (a) The Borrowers may, by written notice to the Administrative Agent from time to time after the Closing Date, request that the Total Commitment be increased by up to U.S.$160,000,000 in the aggregate (any such increase in the Total Commitment shall be referred to as an “Incremental Facility”); provided that (i) the Loans under the Incremental Facility shall rank pari passu or junior in right of payment and security with the Loans made pursuant to the Total Commitment as in effect immediately prior to any such increase, (ii) the Loans under the Incremental Facility shall for all purposes be Loans borrowed pursuant to the terms of this Credit Agreement, (iii) the financial institutions providing for such Incremental Facility shall be satisfactory to the Administrative Agent and the Borrowers, (iv) the Administrative Agent shall be satisfied that all Obligations as so increased will be “Senior Debt” as defined in the documentation governing all Subordinated Debt, (v) the Total Commitment after such increase does not exceed U.S.$500,000,000 and (vi) no Default or Event of Default shall have occurred and be continuing or will exist after giving effect to such Incremental Facility. The aggregate amount of any Incremental Facility shall be in a minimum amount of U.S.$10,000,000 (and in integral multiples of U.S.$5,000,000 in excess thereof). To achieve the full amount of a requested increase, the Borrowers may solicit increased commitments from existing Lenders and also invite additional financial institutions to become Lenders; provided, however, that no existing Lender shall be obligated and/or required to increase its Commitment pursuant to this Section 2.23 unless it specifically consents in writing to provide such increase.
Increase in Total Commitment. (a) The Borrowers, the Agent and any Lender or any other Person qualifying as an Eligible Assignee but for the absence of an assignment, or any combination of such Lenders and such Persons (collectively, “New Lenders”), may (in their sole discretion) enter into one or more amendment agreements substantially in the form of Exhibit G attached hereto and incorporated herein by reference without further approval of the Lenders (or any other New Lender) pursuant to which each New Lender agrees to incur or increase, as the case may be, its Commitment so as to make available to the Borrowers, subject to all conditions herein set forth, Loans in the maximum aggregate Euro Equivalent Amount (for all New Lenders) of up to €50,000,000 thereby increasing the Total Commitment to up to the Euro Equivalent Amount of €300,000,000; provided that
(i) each such increase shall be in an amount at least equal to €10,000,000 or an integral multiple of €5,000,000 in excess thereof;
(ii) the Borrowers shall execute and deliver to the Agent (A) board resolutions of each Borrower certified by its secretary or assistant secretary approving and adopting such Commitment increase and authorizing the execution and delivery of the instruments relating thereto, and (B) the legal opinions of the General Counsel of the Guarantor and special counsel to the Borrowers as to the due authorization, execution and delivery of such instruments, the enforceability thereof and no conflict thereof with the Organizational Documents, by-laws and material agreements of the Guarantor and the Borrowers or with any applicable laws, rules or regulations, all in form and substance substantially similar to such opinions delivered on the Closing Date in satisfaction of Section 5.1(a)(ii); and
(iii) no Default or Event of Default then exists or would arise as a result of any such increase.
(b) Upon the execution, delivery and acceptance of the documents required by this Section 2.3, each New Lender shall have all of the rights and obligations of a Lender under this Agreement. The Agent shall provide the Lenders with notice of the revised Total Commitment and the revised Applicable Commitment Percentages of the Lenders, including the New Lenders.
(c) Upon the effectiveness of an increase provided for in this Section 2.3, if any Loans are outstanding, the Borrowers shall at their option do one of the following:
(i) prepay to certain Lenders such amount of such Loans as may be then outstanding and borrow from certai...
Increase in Total Commitment. BankBoston hereby increases its Commitment to the amount shown on the revised Schedule 1.2 attached hereto. The Borrower shall execute and deliver to BankBoston a Note (the "Additional Note") in an amount equal to the difference between BankBoston's Commitment as shown on said revised Schedule 1.2 and the Note dated November 17, 1997 delivered to BankBoston at the time it became a party to the Credit Agreement. The second sentence of Section 2.3 is amended to read as follows: "One or more Notes shall be payable to the order of each Lender and the aggregate principal amount of the Notes held by each Lender shall be equal to such Lender's Commitment."
Increase in Total Commitment. In lines 9 and 10 of ss.2.1(a) of the Credit Agreement, the amount "Four Hundred and Seventy Million Dollars ($470,000,000)" is hereby deleted and the amount "Five Hundred Million Dollars ($500,000,000)" is substituted in place thereof.
Increase in Total Commitment. (a) Provided that no Default or Event of Default has occurred and is continuing, subject to the terms and conditions set forth in this §2.10, the Borrower shall have the option at any time and from time to time before the date that is six (6) months after the Closing Date to request an increase in the Total Commitment to not more than $40,000,000.00 by giving written notice to the Agent (an “Increase Notice”; and the amount of such requested increase is the “Commitment Increase”), provided that any such individual increase must be in a minimum amount of $1,000,000.00 and there shall be no more than two (2) individual increases. Each Commitment Increase shall be applied to activate the Inactive Amount, which subject to the terms hereof shall be activated and become a part of the KeyBank Commitment.
(b) On the effective date of the Commitment Increase (the “Commitment Increase Date”) the outstanding principal balance of the Loans shall be reallocated among the Lenders such that after the applicable Commitment Increase Date the outstanding principal amount of Loans owed to each Lender shall be equal to such Lender’s Commitment Percentage (as in effect after the applicable Commitment Increase Date) of the outstanding principal amount of all Loans. The participation interests of the Lenders in Letters of Credit shall be similarly adjusted.
(c) Notwithstanding anything to the contrary contained herein, the obligation of the Agent and the Lenders to increase the Total Commitment pursuant to this §2.10 shall be conditioned upon satisfaction of the following conditions precedent which must be satisfied prior to the effectiveness of any increase of the Total Commitment:
Increase in Total Commitment. Effective on the Effective Date of this Amendment provided for in section 4 hereof, the Total Commitment is increased from $90,000,000 to $150,000,000 and Annex I to the Credit Agreement is amended to reflect the separate revised Commitments of the Lenders as set forth on Annex I hereto. On the Effective Date of this Amendment, the Co-Borrowers shall each execute and deliver to each Lender a new Note in the stated principal amount equal to the Commitment of each Lender, which Note will mature on the Maturity Date (as amended by this Amendment).
Increase in Total Commitment. (a) So long as the Incremental Loan Commitment Requirements are satisfied at the time of the delivery of the request referred to below, the Borrower shall have the right at any time and from time to time upon at least five (5) Business Days' prior written notice to the Agent, to increase the amount of the Total Commitment to an amount in no event to exceed $100,000,000, either by new Lenders establishing Commitments, or by one or more of the then existing Lenders increasing their Commitments (each such increase by either means, a "Commitment Increase," and each such new Lender or Lender increasing its Commitment, an "Additional Commitment Lender"), provided, however, that (i) no Lender shall be obligated to provide a Commitment Increase as a result of any such request by the Borrower, (ii) any new Lender must qualify as an Eligible Assignee and shall be subject to the approval of the Agent, which approval shall not unreasonably be withheld, and (iii) without the consent of the Agent and all of the Lenders, at no time shall there be more than four (4)
Increase in Total Commitment. 2.8.1 of the Credit Agreement is amended (a) by deleting “$100,000,000” where it appears therein and replacing it with “$125,000,000” and (b) by deleting “$250,000,000” where it appears therein and replacing it with “$300,000,000”.