Additional Increase Sample Clauses

Additional Increase. (a) The Company may by notice to the Agent of no less than 15 Business Days (or such shorter period as agreed with the Agent), request on not more than four occasions from time to time that the Total Commitments be increased (and the Total Commitments shall be increased) (an “Additional Increase”) in an aggregate amount in the Base Currency not exceeding (when aggregated with each other such Additional Increase previously effected) USD 20,000,000, provided that: (i) the increased Commitments will be assumed by one or more Lenders or other banks, financial institutions, trusts, funds or other entities (each an “Additional Increase Lender”) selected by the Company, each of which: (A) shall not be an Investor Affiliate (unless approved by the Majority Lenders) or a member of the Group; (B) the Agent is satisfied that it has complied with all necessary “know your customer” or similar checks under all applicable laws and regulations; and (C) confirms its willingness to assume and does assume all the obligations of a Lender corresponding to that part of the increased Commitments which it is to assume, as if it had been an Original Lender; (ii) each of the Obligors and any Additional Increase Lender shall assume obligations towards one another and/or acquire rights against one another as the Obligors and the Additional Increase Lender would have assumed and/or acquired had the Additional Increase Lender been an Original Lender; (iii) each Additional Increase Lender shall become a Party as a “Lender” and any Additional Increase Lender and each of the other Finance Parties shall assume obligations towards one another and acquire rights against one another as that Increase Lender and those Finance Parties would have assumed and/or acquired had the Additional Increase Lender been an Original Lender; (iv) the Commitments of the other Lenders shall continue in full force and effect; (v) no Default is continuing or would result from such Additional Increase; and (vi) any increase in the Total Commitments shall take effect on the date specified by the Company in the notice referred to above or any later date on which the conditions set out in paragraph (b) below are satisfied. (b) An increase in the Total Commitments under this Clause 2.3 will only be effective on: (i) the execution by the Agent of an Additional Increase Confirmation from the relevant Additional Increase Lender; and (ii) in relation to an Additional Increase Lender which is not a Lender immediately prior...
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Additional Increase. Administrative Agent shall, at the request of Borrower (not more than three (3) times), increase the Facility Amount to the amount requested by Borrower by increasing the Commitment of the Alternate Lenders (each, an “Increasing Lender”), subject to the following conditions: (i) Borrower shall have delivered to Administrative Agent the Facility Increase Request at least three (3) Business Days prior to the date of increase; (ii) After giving effect to the increase in the Commitment of each Increasing Lender, the aggregate amount of Alternate Lenders’ Commitments will not exceed the Maximum Commitment; (iii) Each increase in the aggregate amount of Alternate Lenders’ Commitments shall be in a minimum amount of $50,000,000; (iv) No Event of Default or Potential Default has occurred and is continuing or would result from such increase in the Alternate Lenders’ Commitments; and (v) Borrower shall have paid the applicable fees in accordance with the applicable Fee Letter on or prior to the date of increase.
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Additional Increase. Each Purchaser consents to the Company’s subsequent execution of an amendment to the Agreement to provide for the purchase and sale of up to 461,539 additional shares of Common Stock on the same terms and conditions, which would increase the number of Common Shares sold under the Agreement to 4,769,231 shares of Common Stock and increase the minimum investment amount from $140 million to $155 million. Castle Creek shall have, for a period of 30 days following the execution of this Amendment, the right to modify its signature page to this Amendment to increase its Subscription Amount by $15,000,017.50 to $60,000,005.00 and to increase the aggregate number of shares of Common Shares to be Acquired by 461,539 shares of Common Stock, and no less than such amount, to 1,846,154 shares of Common Stock. In the event the Company executes an amendment to this Agreement to provide for the purchase of an additional 461,539 shares of Common Stock, whether pursuant to Castle Creek’s exercise of its right or, if Castle Creek declines to exercise its right, via sale to another purchaser, the definition of Common Shares shall automatically, without any further action of the Company or the Purchasers, increase to 4,769,231 shares of Common Stock and the minimum investment amount set forth in Sections 5.1(g) and 5.2(e) shall automatically, without any further action of the Company or the Purchasers, increase to $155 million.
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Related to Additional Increase

  • Optional Increase in Commitments Following the Effective Date, the Borrower may, if it so elects, increase the aggregate amount of the Commitments, either by designating a financial institution not theretofore a Lender (a “New Lender”) to become a Lender (such designation to be effective only with the prior written consent of the Administrative Agent and each Issuing Lender, which consents will not be unreasonably withheld or delayed), or by agreeing with an existing Lender that such Lender’s Commitment shall be increased. Upon execution and delivery by the Borrower and such Lender or New Lender of an instrument in form reasonably satisfactory to the Administrative Agent, together with such evidence of appropriate corporate authorization on the part of the Borrower with respect to the increased Commitments and such opinions of counsel for the Borrower with respect to the increased Commitments as the Administrative Agent may reasonably request, such existing Lender shall have a Commitment as therein set forth or such other financial institution shall become a Lender with a Commitment as therein set forth and all the rights and obligations of a Lender with such a Commitment hereunder; provided: (i) that the Borrower shall provide prompt notice of such increase to the Administrative Agent, who shall promptly notify the Lenders; (ii) the conditions set forth in Sections 3.02(c) and (d) shall be satisfied on and as of the effective date of any increase in Commitments pursuant to this Section 2.18; (iii) that any such increase shall be in an amount which is a multiple of $10,000,000; and (iv) that immediately after such increase is made, the aggregate amount of increases in the Commitments pursuant to this Section 2.18 shall not exceed $250,000,000. On the effective date of any increase in the aggregate amount of the Commitments pursuant to this Section 2.18, (i) each New Lender shall pay to the Administrative Agent an amount equal to its pro rata share of the aggregate outstanding Loans (and funded participations, if any, in Letters of Credit) and (ii) any Lender whose Commitment has been increased (an “Increasing Lender”) shall pay to the Administrative Agent an amount equal to the increase in its pro rata share of the aggregate outstanding Loans (and funded participations as above); in each case such payments shall be for the account of each other Lender. Upon receipt of such amount by the Administrative Agent, (A) each other Lender shall be deemed to have ratably assigned that portion of its outstanding Loans that is being reduced to the New Lenders and the Increasing Lenders in accordance with such Lender’s new Commitment or the increased portion thereof as applicable, (B) the Administrative Agent shall promptly distribute to each other Lender its ratable share of the amounts received by the Administrative Agent pursuant to this paragraph and (C) the participations of the Lenders in outstanding Letters of Credit shall be determined in accordance with their Commitments after giving effect to such increase. For the avoidance of doubt, no existing Lender shall have any obligation to participate in such increase except in its absolute and sole discretion.

  • Commitment Increase The Borrower may, by giving at least 15 Business Days’ notice to the Administrative Agent, propose that the Aggregate Facility Amount be increased (each such proposed increase being a “Commitment Increase”), through an increase of the Commitment of one or more existing Lenders (each an “Increasing Lender”) and/or the addition of one or more Persons (who must be Eligible Assignees) as assuming Lenders (each an “Assuming Lender”), as the Borrower may determine, all effective as of a date (the “Commitment Increase Date”) that shall be specified in such notice and that shall be prior to the Commitment Termination Date; provided the following limitations shall apply: (A) the Borrower may not propose more than two Commitment Increases during any calendar quarter, (B) the proposed Commitment Increase in respect of the Commitment of any Increasing Lender or any Assuming Lender shall for each Commitment Increase Date be no less than $100,000,000, (C) the Aggregate Facility Amount may not in any event at any time exceed $2,000,000,000, (D) no Default or Event of Default shall have occurred and be continuing on the relevant Commitment Increase Date or shall result from the proposed Commitment Increase, and (E) the representations and warranties in Article V shall be true in all material respects on and as of the Commitment Increase Date as if made on and as of such date. The Administrative Agent shall notify the Lenders of a proposed Commitment Increase promptly upon its receipt of notice from the Borrower with respect thereto. Each Lender will consider in good faith any such proposed Commitment Increase, provided that it shall be in each Lender’s sole discretion whether to agree to increase its Commitment hereunder in connection therewith. No later than 10 Business Days after its receipt of the Borrower’s notice proposing a Commitment Increase, each Lender that is willing to increase its Commitment hereunder shall deliver to the Administrative Agent a notice in which such Lender shall set forth the maximum increase in its Commitment to which such Lender is willing to agree (any Lender not responding by such time to be deemed not to have agreed to such increase in its Commitment), and the Administrative Agent shall promptly provide to the Borrower a copy of such Increasing Lender’s notice. The Administrative Agent shall cooperate with the Borrower in discussions with the Lenders and Eligible Assignees with a view to arranging any proposed Commitment Increase through the increase of the Commitments of one or more of the Lenders and/or the addition of one or more Eligible Assignees as Assuming Lenders and the Administrative Agent shall use its reasonable efforts to secure any such proposed Commitment Increase (provided that any such addition of an Eligible Assignee as an Assuming Lender shall be subject to the consent of the Administrative Agent and the Issuing Lender, which consent shall not be unreasonably withheld or delayed); provided, that any allocations of any increase of Commitments hereunder (including any allocation as between Increasing Lenders and Assuming Lenders) shall be determined by the Borrower in its sole discretion.

  • Annual Increases On each anniversary of Employee's termination from employment, any remaining amounts to be paid during the next year pursuant to this Paragraph 9 shall be increased to an amount equal to one hundred ten percent (110%) of the amounts required to be paid by Employer hereunder under the provisions of this Paragraph 9 during the preceding year.

  • Annual Increments ‌ 12.1 Employees will proceed to the maximum of their salary range by annual increments, after 12 months’ continuous service at each increment point, unless there is an adverse report on the Employee's performance or conduct which recommends the non-payment of an annual increment. 12.2 The following process will apply where a report on an Employee’s performance or conduct recommends the non-payment of an annual increment: (a) The Employee will be shown the report prior to completing 12 months’ continuous service since their last incremental advance; (b) The Employee will be provided with an opportunity to comment in writing; (c) The Employee’s comments will be considered immediately by the Employer and a decision made as to whether to approve the payment of the increment or withhold payment for a specific period; and (d) Where the increment is withheld, the Employer before the expiry of the specified period will complete a further report and the above provisions will apply. 12.3 The non-payment of an increment will not change the normal anniversary date of any further increment payments. 12.4 For the purposes of this clause "continuous service", except where an increment is payable according to age, will not include any period: (a) exceeding 14 calendar days during which an Employee is absent on Leave Without Pay. In the case of leave without pay which exceeds 14 calendar days the entire period of such Leave Without Pay is excised in full; (b) which exceeds six (6) months in one continuous period during which an Employee is absent on workers' compensation. Provided that only that portion of such continuous absence which exceeds six (6) months will not count as "continuous service"; and (c) which exceeds three (3) months in one (1) continuous period during which an Employee is absent on Personal Leave without pay. Provided that only that portion of such continuous absence which exceeds three (3) months will not count as "continuous service".

  • Fee Increases S&P reserves the right to increase its fees under this Order Schedule effective on the anniversary of the Commencement Date by providing at least sixty (60) days advance written notice to Licensee prior to the expiration of the Term then in effect.