Common use of Reallocation of Commitments Clause in Contracts

Reallocation of Commitments. On the First Amendment Effective Date, the Company shall prepay any Committed Loans outstanding on the First Amendment Effective Date (and pay any additional amounts required pursuant to Section 3.05 of the Credit Agreement) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments on the First Amendment Effective Date. Each of the Lenders acknowledges and agrees that as of the First Amendment Effective Date, (i) the aggregate Commitments of the Lenders shall be as set forth on Schedule 2.01 to the Credit Agreement (and attached hereto as Annex I) and (ii) any outstanding obligations of the Lenders immediately before giving effect to this Amendment shall be automatically reallocated in accordance with such Lender’s Applicable Percentage as set forth on Schedule 2.01 to the Credit Agreement (and attached hereto as Annex I). In order to effect such reallocations, assignments shall be deemed to be made among the Lenders in such amounts as may be necessary, and with the same force and effect as if such assignments were evidenced by the applicable Assignment and Assumptions (but without the payment of any related assignment fee), and no other documents or instruments shall be required to be executed in connection with such assignments (all of which such requirements are hereby waived).

Appears in 2 contracts

Sources: Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.)

Reallocation of Commitments. On the First Amendment Effective Date, the Company shall prepay any Committed Loans outstanding on the First Amendment Effective Date (and pay any additional amounts required pursuant The Lenders have agreed among themselves to Section 3.05 of the Credit Agreement) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments on the First Amendment Effective Datereallocate their respective Commitments. Each of the Lenders acknowledges Administrative Agent and agrees that as Borrower hereby consents to the reallocation of the First Commitments. On the date this Amendment Effective Datebecomes effective and after giving effect to such reallocation, (i) the aggregate Commitments Commitment of the Lenders each Lender shall be as set forth on Schedule 2.01 1.01 of this Amendment. Each Lender hereby consents to the Commitments set forth on Schedule 1.01 of this Amendment. The reallocation of the Aggregate Commitment among the Lenders shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A to the Credit Agreement (as if the Lenders had executed an Assignment and attached hereto as Annex IAssumption with respect to such reallocation. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) and (ii) any outstanding obligations of the Lenders immediately before giving effect Credit Agreement with respect to the assignments and reallocations contemplated by this Amendment shall be automatically reallocated Section 2. To the extent requested by any Lender and in accordance with Section 2.16 of the Credit Agreement, Borrower shall pay to such Lender’s Applicable Percentage as set forth on Schedule 2.01 , within the time period prescribed by Section 2.16 of the Credit Agreement, any amounts required to be paid by Borrower under Section 2.16 of the Credit Agreement (and attached hereto as Annex I). In order to effect such reallocations, assignments shall be deemed to be made among in the Lenders in such amounts as may be necessary, and with the same force and effect as if such assignments were evidenced by the applicable Assignment and Assumptions (but without event the payment of any related assignment fee), and no principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other documents or instruments shall be than on the last day of an Interest Period applicable thereto is required to be executed in connection with such assignments (all of which such requirements are hereby waived)the reallocation contemplated by this Section 2.

Appears in 1 contract

Sources: Credit Agreement (ANTERO RESOURCES Corp)

Reallocation of Commitments. On the First Amendment Effective Date, the Company shall prepay any Committed Loans outstanding on the First Amendment Effective Date (The New Lenders and pay any additional amounts required pursuant to Section 3.05 certain of the Credit Agreement) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments on the First Amendment Effective Date. Each of the Consenting Lenders acknowledges and agrees that have agreed that, effective as of the First Amendment Effective Date, (i) date hereof and subject to the aggregate Commitments satisfaction of the Lenders conditions precedent set forth in Section 4 below, the commitments of such parties shall be reallocated as set forth on Schedule 2.01 to I hereto, as evidenced by such New Lender’s and Consenting Lender’s, as the Credit case may be, execution and delivery of this Amendment Agreement (and attached hereto as Annex I) and (ii) any outstanding obligations of the Lenders immediately before giving effect to this Amendment shall be automatically reallocated in accordance with such Lender’s Applicable Percentage as set forth on Schedule 2.01 to the Credit Agreement (and attached hereto as Annex I). In order to effect such reallocations, assignments shall which will also be deemed to be made among its execution and delivery of an Assignment and Assumption substantially in the Lenders form of Exhibit B to the Existing Revolving Credit Agreement as an “Assignee” as defined therein and thereunder, agreeing in such amounts as may be necessarycapacity to all the terms therein applicable to it). The Administrative Agent agrees that notwithstanding the provisions of Section 11.06(b)(iv) of the Existing Revolving Credit Agreement, and with the same force and effect as if such assignments were evidenced by the applicable Assignment and Assumptions (but without the payment of any related assignment fee), and no other documents or instruments parties hereto shall not be required to be executed pay to the Administrative Agent any assignment fee in connection with such assignments (all assignment. Each Consenting Lender and each New Lender hereby agrees that, with respect to any Assignment and Assumption entered into by such Lender on and after the effectiveness of which such requirements are hereby waived)this Amendment Agreement, each assignee thereunder shall expressly agree to be a Consenting Lender for purposes of this Amendment Agreement, and shall be evidenced by an Assignment and Acceptance in the form attached as Annex B hereto.

Appears in 1 contract

Sources: Amendment Agreement (Actavis PLC)