Requests for Increase. So long as (i) no Event of Default or Default has occurred and is continuing and (ii) the Total Utilization of Commitments is at least equal to 50% of the Commitments of all Lenders, Company may from time to time request an increase in the Commitment at any time following the Closing Date and prior to the Commitment Termination Date by delivering a Notice of Commitment Increase to the Administrative Agent, specifying (y) the amount of the requested Commitment Increase (which shall be in a minimum principal amount of $5,000,000 but not in excess of an amount that would cause the aggregate Commitment to exceed $175,000,000 and (z) the requested effective date of the proposed Commitment Increase (which shall be not less than thirty (30) days from the date of delivery of the Notice of Commitment Increase (or such shorter period of time as to which the Administrative Agent may agree in its sole discretion)) (the “Commitment Increase Effective Date”). Such Notice of Commitment Increase shall be accompanied by a certificate of an officer of Company certifying that no Servicer Default, Event of Default or Default has occurred and is continuing.
Appears in 1 contract
Sources: Credit Agreement (FlexShopper, Inc.)
Requests for Increase. So long as (i) no Event of Default or Default has occurred and is continuing and (ii) the Total Utilization of Commitments is at least equal to 50% of the Commitments of all Lenders, Company may from time to time request an increase in the Commitment at any time following the Closing Date and prior to the Commitment Termination Date by delivering a Notice of Commitment Increase to the Administrative Agent, specifying (y) the amount of the requested Commitment Increase (which shall be in a minimum principal amount of $5,000,000 but not in excess of an amount that would cause the aggregate Commitment to exceed $175,000,000 125,000,000 and (z) the requested effective date of the proposed Commitment Increase (which shall be not less than thirty (30) days from the date of delivery of the Notice of Commitment Increase (or such shorter period of time as to which the Administrative Agent may agree in its sole discretion)) (the “Commitment Increase Effective Date”). Such Notice of Commitment Increase shall be accompanied by a certificate of an officer of Company certifying that no Servicer Default, Event of Default or Default has occurred and is continuing.
Appears in 1 contract
Sources: Credit Agreement (FlexShopper, Inc.)