Incremental Borrowings Sample Clauses
POPULAR SAMPLE Copied 1 times
Incremental Borrowings. (i) At any time and from time to time after the Effective Date, subject to the terms and conditions set forth herein, the Borrower may, by notice to the Administrative Agent (whereupon the Administrative Agent shall promptly make available to each of the Lenders), request to effect one or more increases in the aggregate amount of the Revolving Commitments (each such increase, a “Revolving Commitment Increase”) from one or more entities that are then Lenders and Additional Revolving Lenders; provided that at the time of each such request and upon the effectiveness of each Incremental Revolving Facility Amendment, (A) no Default or Event of Default shall have occurred and be continuing or shall result therefrom, (B) the Borrower shall be in compliance on a Pro Forma Basis with the Financial Performance Covenant recomputed as of the last day of the most recently ended fiscal quarter of the Borrower for which financial statements have been delivered pursuant to Section 5.01(a) or (b) (regardless of whether such Financial Performance Covenant is applicable at the time), (C) the Borrower shall have delivered a certificate of a Financial Officer to the effect set forth in clauses (A) and (B) above, together with reasonably detailed calculations demonstrating compliance with clause (B) above, (D) the maturity date shall be the Revolving Maturity Date, and such Revolving Commitment Increase shall otherwise be on identical terms (including with respect to security interests and guaranties) to those of the Revolving Commitments pursuant to this Agreement, and (E) any Incremental Revolving Facility Amendment shall be on the terms and pursuant to documentation to be determined by the Borrower and the Lenders providing the applicable Revolving Commitment Increase; provided that no Issuing Bank or Swingline Lender shall be required to act as “issuing bank” or “swingline lender” under any such Revolving Commitment Increase without its written consent. Each Revolving Commitment Increase shall be in a minimum principal amount of $5,000,000 and integral multiples of $1,000,000 in excess thereof.
(i) At any time and from time to time after the Effective Date, subject to the terms and conditions set forth herein, the Borrower may, by notice to the Administrative Agent (whereupon the Administrative Agent shall promptly make available to each of the Lenders), request to effect one or more additional tranches of term loans hereunder or increases in the aggregate amount of the Ter...
Incremental Borrowings. (a) At any time after the Second Amendment Effective Date, so long as no Default or Event of Default has occurred and is continuing, the Borrower may either (i) by delivery of notice to the Administrative Agent, request the establishment of one or more new term loan commitments which may be in the form of a new series of Incremental Loans or an increase in the amount of the Initial Term Loans or any then outstanding Series of Incremental Loans (such new term loan commitments or increase, the “Incremental Loan Commitments”) or (ii) by delivery of a Revolving Commitment Increase Notice to the Administrative Agent, which notice shall promptly be copied by the Administrative Agent to each Lender, request an increase in the Total Revolving Credit Commitments pursuant to a Revolving Commitment Increase Notice. The Borrower may request any such increases in an aggregate amount, together with the aggregate amount of the Revolving Offered Increase Amounts or any Incremental Loans made since the Second Amendment Effective Date, not exceeding $600,000,000, provided that, any such Revolving Offered Increase Amounts or any Incremental Loans shall be in a minimum amount of not less than $10,000,000.
Incremental Borrowings. SECTION 4.03.
Incremental Borrowings. (i) Prior to the Termination Date, upon the terms and subject to the conditions set forth herein and in the other Transaction Documents,
Incremental Borrowings. 115115 SECTION 2.15. Refinancing Amendments 119120 SECTION 2.16. Extensions of Loans. 120121 SECTION 2.17. Defaulting Lenders. 123124 SECTION 2.18. ▇▇▇▇ Event 125125 ARTICLE III. TAXES, INCREASED COSTS PROTECTION AND ILLEGALITY 125126 SECTION 3.01. Taxes 125126 SECTION 3.02. Illegality or Impracticability of Eurocurrency Rate Loans or Term SOFR Loans 129130 SECTION 3.03. Inability to Determine Rates; Benchmark Replacement 130131
Incremental Borrowings. (a) At any time after the Effective Date, so long as no Default or Event of Default has occurred and is continuing, the Borrower may, by delivery of notice to the Administrative Agent, request the establishment of one or more new term loan commitments which may be in the form of a new series of Incremental Loans or an increase in the amount of the Initial Term Loans or any then outstanding Series of Incremental Loans (such new term loan commitments or increase, the “Incremental Loan Commitments”). The Borrower may request any such increases in an aggregate amount, together with the aggregate amount of any Incremental Loans made since the Effective Date, not exceeding $70,000,000, provided that, any such Incremental Loans shall be in a minimum amount of not less than $5,000,000 and $5,000,000 increments in excess thereof.
(b) [Intentionally Omitted].
Incremental Borrowings. 7980 SECTION 2.13. Refinancing Facilities ............................................................................................................ 8081 SECTION 2.14. Extensions of Loans ............................................................................................................... 8182 SECTION 2.15. Loan Repricing Protection ..................................................................................................... 8283 SECTION 2.16.
Incremental Borrowings. If the Company borrows money under this Agreement and such borrowing causes the aggregate amount of the Revolving Loans of any Bank outstanding under this Agreement to increase, the Company shall give the Administrative Agent written notice of the borrowing specifying the following information:
(i) The interest rate determination method selected (LIBOR or Base Rate).
(ii) The Interest Period selected. No Interest Period may be specified if the Base Rate is selected as the interest rate determination method.
(iii) The date of the borrowing, which shall be a Banking Day.
(iv) The aggregate amount of the borrowing.
(v) An identification of the Company's bank account in the United States to which the Company wishes to have the incremental funds to be advanced pursuant to the borrowing transferred, including the name and address of the bank and the account number. The foregoing notice of borrowing shall be given by 9:00 a.m. San Francisco, California, time on the Banking Day next preceding the date of the borrowing if the method of interest rate determination selected is the Base Rate and not less than three Banking Days prior to the date of the borrowing if the method of interest rate determination selected is LIBOR. Any notice of borrowing of Revolving Loans shall be given to the Administrative Agent.
Incremental Borrowings. (i) Prior to the Facility Termination Date, upon the terms and subject to the conditions set forth herein and in the other Transaction Documents,
(x) either Borrower may, at its option from time to time, request a borrowing from the Lender; and
(y) the Lender shall honor such request for borrowing from a Borrower, such borrowing to be secured pursuant to the Security Agreements (each, an “Incremental Borrowing”); provided, however, that (i) the amount of the Incremental Borrowing shall not exceed the amount of the Sterling Equivalent of the corresponding Incremental Borrowing under the Asset Backed Loan Agreement, (ii) after giving effect to such Incremental Borrowing and the advance to the Borrower of such Loan Amount, the amount of the Outstanding Loans shall not exceed the Funding Limit; and (iii) provided, further, that after giving effect to such Incremental Borrowing and the advance to a Borrower of such Loan Amount, the representations and warranties set forth in Section 4.01 shall be true and correct as of the date of such Incremental Borrowing and the advance to a Borrower of such Loan Amount.
Incremental Borrowings. The obligation of each Bank to make each Revolving Loan required by a notice of borrowing given pursuant to Section 3.04(a), and the obligation of each Swingline Bank to make each Swingline Loan, shall be subject to the following conditions precedent: