Common use of Temporary Increases Clause in Contracts

Temporary Increases. (a) The Borrower may from time to time, provided no Default has occurred and is continuing, request a temporary increase in the Commitment for one or more periods of time (each, a “Temporary Increase”) by delivering to the Agent a request for a Temporary Increase in substantially the form attached hereto as Exhibit H-1, with such changes to such form as the Agent, in its sole discretion, shall deem necessary. If the Temporary Increase is approved by the Agent in its unrestricted discretion, the Borrower shall complete, execute and deliver to the Lenders a temporary increase agreement and promissory notes evidencing the temporary increase in the Commitment in substantially the forms attached hereto as Exhibit H-2 and Exhibit A to Exhibit H-2, respectively (with such changes to such form as the Agent, in its sole discretion, shall deem necessary), accompanied by such documents and agreements as are referenced in or required under each such temporary increase agreement. For the avoidance of doubt, and notwithstanding the Agent’s ability to approve or refuse Temporary Increases, no Lender’s Commitment Amount shall be increased as a result of a Temporary Increase without such Lender’s consent. (b) The Lenders whose Commitment Amounts will temporarily increase as a result of a Temporary Increase shall set such conditions as such Lenders may determine must be fulfilled prior to granting, and such terms as shall be applicable to, any such Temporary Increase; provided, however, that the Agent shall promptly notify the Borrower in writing of any additional conditions and terms, and the Borrower may withdraw such request if the conditions and terms are not acceptable to the Borrower. (c) In addition to any conditions set by the Lenders under Section 11.6(b), each such temporary increase agreement shall be subject to all of the terms and conditions of this Agreement. (d) The Lenders’ agreement to any Temporary Increase shall not bind the Lenders to grant or extend any other or further Temporary Increase.