Common use of Terms of Incremental Commitments Clause in Contracts

Terms of Incremental Commitments. The Facility Agent and the Borrower shall determine the effective date for such increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day at least ten Business Days after delivery of the request for such increase (unless otherwise approved by the Facility Agent) and at least thirty (30) days prior to the latest Commitment Termination Date then in effect. In order to effect such increase, the Borrower, the applicable Incremental Lender(s) and the Facility Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Facility Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section 2.18, each Incremental Commitment shall be a Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 shall be Borrowings, for all purposes of this Agreement.

Appears in 3 contracts

Sources: Credit and Security Agreement (BlackRock Private Credit Fund), Credit and Security Agreement (BlackRock Private Credit Fund), Credit and Security Agreement (BlackRock Private Credit Fund)

Terms of Incremental Commitments. The Facility Administrative Agent and the Borrower shall determine the effective date for such increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day at least ten 10 Business Days after delivery of the request for such increase (unless otherwise approved by the Facility Administrative Agent) and at least thirty (30) 30 days prior to the latest Commitment Termination Date then in effectMaturity Date. In order to effect such increase, the Borrower, the applicable Incremental Lender(s) and the Facility Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Facility Borrower and the Administrative Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section 2.18Section, each Incremental Commitment shall be a Term Loan Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 shall be Borrowings, Term Lender for all purposes of this Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Atlas Corp.), Credit Agreement (Atlas Corp.), Credit Agreement (Atlas Corp.)

Terms of Incremental Commitments. The Facility Administrative Agent and the Borrower shall determine the effective date for such increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day at least no less than ten (10) Business Days after delivery of the request for such increase (unless otherwise approved agreed in writing by the Facility Administrative Agent) and at least thirty (30) days prior to the latest Commitment Termination Date then ). If applicable in effect. In order to effect such increase, the Borrower, the applicable Incremental Lender(s) and the Facility Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Facility Borrower and the Administrative Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section 2.182.11, each Incremental Commitment shall be a Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Borrowings Loans made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 shall be BorrowingsLoans, for all purposes of this Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (Greystone Housing Impact Investors LP)

Terms of Incremental Commitments. The Facility Administrative Agent and the Borrower shall determine the effective date for such increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day at least ten 10 Business Days after delivery of the request for such increase (unless otherwise approved by the Facility Administrative Agent) and at least thirty (30) 30 days prior to the latest Maturity Date, provided further that the availability period for any Incremental Commitment Termination Date then in effectconsisting of a Revolving Loan Commitment shall end no later than the Maturity Date. In order to effect such increase, the Borrower, the applicable Incremental Lender(s) and the Facility Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Facility Borrower and the Administrative Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section 2.18Section, each Incremental Commitment shall be a Term Loan Commitment or Revolving Loan Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Term Lender or a Revolving Lender, and the Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 shall be Borrowingsas applicable, for all purposes of this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Atlas Corp.), Credit Agreement (Atlas Corp.)

Terms of Incremental Commitments. The Facility Administrative Agent and the Borrower Parent shall determine the effective date for such increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day at least ten 10 Business Days after delivery of the request for such increase (unless otherwise approved by the Facility Administrative Agent) and at least thirty (30) 30 days prior to the latest Commitment Termination Date then in effect. In order to effect such increase, the BorrowerParent, the applicable Incremental Lender(s) and the Facility Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Facility Parent and the Administrative Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section 2.18Section, each Incremental Commitment shall be a Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Borrowings Revolving Loans made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 shall be BorrowingsRevolving Loans, for all purposes of this Agreement.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Enstar Group LTD), Revolving Credit Agreement

Terms of Incremental Commitments. The Facility Administrative Agent and the Borrower shall determine the effective date for such any increase of the Commitments pursuant to this Section 2.18 (an “Incremental Commitment the "Increase Effective Date") and, if applicable, the final allocation of such increase among the Persons Lenders providing such increase; provided that such date shall be a Business Day at least ten Business Days after delivery of the request for such increase (unless otherwise approved by the Facility Administrative Agent) and at least thirty (30) days be prior to the latest Commitment Termination Date then in effectlast day of the Availability Period. In order to effect such increase, the Borrower, the applicable Incremental Lender(s) and the Facility Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Facility Borrower and the Administrative Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Increase Effective Date, subject to the terms and conditions set forth in this Section 2.182.10, each Incremental Commitment shall be a Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 Facility Amount shall be Borrowings, for all purposes increased by an amount equal to the aggregate amount of this Agreementthe Incremental Commitments.

Appears in 2 contracts

Sources: Letter of Credit Facility Agreement (Arch Capital Group Ltd.), Letter of Credit Facility Agreement (Arch Capital Group Ltd.)

Terms of Incremental Commitments. The Facility Agent and the Borrower shall determine the effective date for such increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day at least ten (10) Business Days after delivery of the request for such increase (unless otherwise approved by the Facility Agent) and at least thirty (30) days prior to the latest Commitment Termination Date then in effect. In order to effect such increase, the Borrower, the applicable Incremental Lender(s) and the Facility Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Facility Borrower and the Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section 2.18Section, each Incremental Commitment shall be a Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Borrowings Revolving Loans made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 shall be BorrowingsRevolving Loans, for all purposes of this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (SWK Holdings Corp), Credit Agreement (SWK Holdings Corp)

Terms of Incremental Commitments. The Facility Agent and the Borrower shall determine the effective date for such increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day at least ten Business Days after delivery of the request for such increase (unless otherwise approved by the Facility Agent) and at least thirty (30) 30 days prior to the latest Commitment Termination Date then in effect. In order to effect such increase, the Borrower, the applicable Incremental Lender(s) and the Facility Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Facility Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section 2.18Section, each Incremental Commitment shall be a Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 shall be Borrowings, for all purposes of this Agreement.

Appears in 1 contract

Sources: Credit and Security Agreement (TCW Direct Lending VII LLC)

Terms of Incremental Commitments. The Facility Agent and the Borrower shall determine the effective date for such increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day at least ten Business Days after delivery of the request for such increase (unless otherwise approved by the Facility Agent) and at least thirty (30) days prior to the latest Commitment Termination Date then in effect. In order to effect such increase, the Borrower, the applicable Incremental Lender(s) and the Facility Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Facility Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section 2.18, each Incremental Commitment shall be a Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 shall be Borrowings, for all purposes of this Agreement.paragraph

Appears in 1 contract

Sources: Credit and Security Agreement (BlackRock Private Credit Fund)

Terms of Incremental Commitments. The Facility Administrative Agent and the Borrower Company shall determine the effective date for such increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day at least ten Business Days after delivery of the request for such increase (unless otherwise approved by the Facility Administrative Agent) and at least thirty (30) 30 days prior to the latest Commitment Termination Date then in effect. In order to effect such increase, the BorrowerCompany, the applicable Incremental Lender(s) and the Facility Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Facility Company and the Administrative Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section 2.18Section, each Incremental Commitment shall be a Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Borrowings Advances made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 shall be BorrowingsAdvances, for all purposes of this Agreement.. 

Appears in 1 contract

Sources: Credit Agreement (Pricesmart Inc)

Terms of Incremental Commitments. The Facility Administrative Agent and the Borrower shall determine the effective date for such increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day at least ten (10) Business Days after delivery of the request for such increase (unless otherwise approved by the Facility Administrative Agent) and at least thirty six (306) days months prior to the latest Commitment Termination Maturity Date then in effect. In order to effect such increase, the Borrower, the applicable Incremental Lender(s) and the Facility Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to Borrower and the Facility Administrative Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section 2.18Section, each Incremental Commitment shall be a Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and after giving effect to the Borrowings made by it on such Incremental Commitment Effective Date payments pursuant to paragraph (eSection 2.13(f) shall hold Revolving Loans and have the rights and obligations of this Section 2.18 shall be Borrowings, a Lender for all purposes of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Landsea Homes Corp)

Terms of Incremental Commitments. The Facility Agent and the Borrower shall determine the effective date for such increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day at least ten Business Days after delivery of the request for such increase (unless otherwise approved by the Facility Agent) and at least thirty (30) 30 days prior to the latest Commitment Termination Date then in effect. In order to effect such increase, increase (i) the Borrower, the applicable Incremental Lender(s) and the Facility Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Facility Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s) or, at the sole discretion of the Facility Agent, (ii) the Borrower, the Lenders, the applicable Incremental Lender(s) and Facility Agent shall enter an amendment and restatement of this Agreement to provide for the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section 2.18, each Incremental Commitment shall be a Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 shall be Borrowings, for all purposes of this Agreement.106

Appears in 1 contract

Sources: Credit and Security Agreement (TCW Direct Lending VIII LLC)

Terms of Incremental Commitments. The Facility Administrative Agent and the Borrower shall determine the effective date for such increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day at least ten 10 Business Days after delivery of the request for such increase (unless otherwise approved by the Facility Administrative Agent) and at least thirty (30) 30 days prior to the latest Maturity Date, provided further that the availability period for any Incremental Commitment consisting of a Revolving Loan Commitment shall end no later than Revolving Loan Availability Termination Date then in effectDate. In order to effect such increase, the Borrower, the applicable Incremental Lender(s) and the Facility Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Facility Borrower and the Administrative Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section 2.18Section, each Incremental Commitment shall be a Term Loan Commitment or Revolving Loan Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Term Lender or a Revolving Lender, and the Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 shall be Borrowingsas applicable, for all purposes of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Seaspan CORP)

Terms of Incremental Commitments. The Facility Administrative Agent and the Borrower shall determine the effective date for such increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day at least ten Business Days after delivery of the request for such increase (unless otherwise approved by the Facility Administrative Agent) and at least thirty (30) 30 days prior to the latest Commitment Termination Date then in effect. ny-2725048 In order to effect such increase, the Borrower, the applicable Incremental Lender(s) and the Facility Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Facility Borrower and the Administrative Agent, pursuant to which the applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section 2.18Section, each Incremental Commitment shall be a Commitment (and not a separate facility hereunder), each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Borrowings Loans made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 shall be BorrowingsLoans, for all purposes of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (PGIM Private Real Estate Fund, Inc.)