Common use of Borrower Request Clause in Contracts

Borrower Request. After a Successful Syndication is completed, Borrower may by 10 Business Days' written notice to the Administrative Agent request, on up to but no more than four separate occasions, the establishment of one or more new Term Loan Commitments (it being understood that this is in addition to the Additional Term Loan Commitments) by an amount not in excess of $40.0 million in the aggregate and not less than $5.0 million individually. Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE") on which Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.

Appears in 2 contracts

Sources: Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP)

Borrower Request. After a Successful Syndication is completed, Borrower may by 10 Business Days' written notice to the Administrative Agent requestelect to request (x) prior to the Revolving Maturity Date, on up an increase to but no more than four separate occasionsthe existing Revolving Commitments (each, an “Incremental Revolving Commitment”) and/or (y) the establishment of one or more new Term Loan Commitments (it being understood that this is in addition to the Additional each, an “Incremental Term Loan CommitmentsCommitment”) by an amount not in excess of $40.0 250.0 million in the aggregate and not less than $5.0 10.0 million individually. Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE"“Increase Effective Date”) on which Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.

Appears in 2 contracts

Sources: Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc)

Borrower Request. After a Successful Syndication is completed, Borrower may by 10 Business Days' written notice to the Administrative Agent requestelect to request (x) prior to the Revolving Maturity Date, on up an increase to but no more than four separate occasions, the existing Revolving Commitments and/or (y) the establishment of one or more new Term Loan Commitments (it being understood that this is in addition to the Additional each, an “Incremental Term Loan CommitmentsCommitment”) by an amount not in excess of $40.0 million 25,000,000 in the aggregate and not less than $5.0 million individuallyaggregate. Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE"“Increase Effective Date”) on which Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.

Appears in 2 contracts

Sources: Credit Agreement (Navisite Inc), Credit Agreement (Navisite Inc)

Borrower Request. After a Successful Syndication is completed, Borrower may by 10 Business Days' written notice to the Administrative Agent requestelect to request (x) prior to the Revolving Maturity Date, on up an increase to but no more than four separate occasions, the existing Revolving Commitments and/or (y) the establishment of one or more new Term Loan Commitments (it being understood that this is in addition to the Additional each, an “Incremental Term Loan CommitmentsCommitment”) by an amount not in excess of $40.0 25.0 million in the aggregate and not less than $5.0 million individually. Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE"“Increase Effective Date”) on which Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.

Appears in 2 contracts

Sources: Credit Agreement (Mattress Firm Holding Corp.), Credit Agreement (Mattress Firm Holding Corp.)

Borrower Request. After a Successful Syndication is completed, Borrower may by 10 Business Days' written notice to the Administrative Agent request, on up to but no more than four separate occasions, the establishment of one or more new Term Loan Commitments (it being understood that this is in addition to the Additional New Term Loan Commitments) by an amount not in excess of $40.0 million in the aggregate and not less than $5.0 million individually. Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE") on which Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.

Appears in 1 contract

Sources: Credit Agreement (Regency Energy Partners LP)

Borrower Request. After a Successful Syndication is completed, Borrower may by 10 Business Days' written notice to the Administrative Agent requestelect to request (x) prior to the Revolving Maturity Date, on up one or more increases to but no more than four separate occasions, the existing Revolving Commitments and/or (y) the establishment of one or more new Term Loan Commitments (it being understood that this is in addition to the Additional each, an “Incremental Term Loan CommitmentsCommitment”) by an amount not in excess of $40.0 million 500,000,000 in the aggregate and not less than $5.0 million individuallyaggregate. Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE"“Increase Effective Date”) on which Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.

Appears in 1 contract

Sources: Credit Agreement (Hercules Offshore, Inc.)

Borrower Request. After a Successful Syndication is completed, Borrower may by 10 Business Days' written notice to the Administrative Agent requestelect to request (x) prior to the Revolving Maturity Date, on up an increase to but no more than four separate occasions, the existing Revolving Commitments and/or (y) the establishment of one or more new Term Loan Commitments (it being understood that this is in addition to the Additional Term Loan Commitmentseach, an "INCREMENTAL TERM LOAN COMMITMENT") by an amount not in excess of $40.0 million 25,000,000 in the aggregate and not less than $5.0 million individuallyaggregate. Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE") on which Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.

Appears in 1 contract

Sources: Credit Agreement (Navisite Inc)

Borrower Request. After a Successful Syndication is completed, Borrower may by 10 Business Days' written notice to the Administrative Agent request, on up elect to but no more than four separate occasions, request the establishment of one or more new Commitments (each, an “Incremental Term Loan Commitments (it being understood that this is in addition to the Additional Term Loan CommitmentsCommitment”) by an amount not in excess of $40.0 million 250,000,000 in the aggregate and not less than $5.0 million 25,000,000 individually, and in incremental multiples of $1,000,000 in excess thereof, or equal to the remaining available balance of the applicable Commitments. Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE"“Increase Effective Date”) on which the Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee person (which much be a person to whom Loans are permitted to be assigned pursuant to Section 9.04(b)) to whom the Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.

Appears in 1 contract

Sources: Credit Agreement (Frontier Communications Corp)

Borrower Request. After a Successful Syndication is completed, Borrower The Co-Borrowers may by 10 Business Days' written notice to the Administrative Agent requestrequest (x) prior to the Revolving Facility Maturity Date, on up an increase to but no more than four separate occasions, the existing Revolving Commitments and/or (y) at any time the establishment of one or more new Term Loan Commitments (it being understood that this is in addition to the Additional each, an “Incremental Term Loan CommitmentsCommitment”) by an amount not in excess of $40.0 million in the aggregate and not less than $5.0 million 50,000,000 individually. Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE"“Increase Effective Date”) on which Borrower proposes the Co-Borrowers propose that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes the Co-Borrowers propose any portion of such increased or new Commitments be allocated (each, a “New Lender”) and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Continental Airlines, Inc.)

Borrower Request. After a Successful Syndication is completed, Borrower may by 10 Business Days' written notice to the Administrative Agent requestelect to request (x) prior to the Additional Revolving Maturity Date, on up an increase to but no more than four separate occasions, the existing Additional Revolving Commitments and/or (y) the establishment of one or more new term loan Commitments (each, an “Incremental Term Loan Commitments (it being understood that this is in addition to the Additional Term Loan CommitmentsCommitment”) by an amount not in excess of $40.0 million 150,000,000 in the aggregate and not less than $5.0 million 10,000,000 individually. Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE"“Increase Effective Date”) on which Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.

Appears in 1 contract

Sources: Credit Agreement (Inventiv Health Inc)

Borrower Request. After a Successful Syndication is completed, Borrower The Borrowers may by 10 Business Days' written notice to the Administrative Agent request, on up elect to but no more than four separate occasions, request the establishment of one or more new Term Loan Commitments commitments to make additional Loans (it being understood that this is each, an “Incremental Commitment”) in addition to the Additional Term Loan Commitments) by an amount not in excess of $40.0 million 250,000,000 in the aggregate and not less than $5.0 million individually50,000,000 individually (or such lesser amount as consented to by the Administrative Agent, such consent not to be unreasonably withheld or delayed). Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE"“Increase Effective Date”) on which Borrower proposes the Borrowers propose that the increased or new Incremental Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes the Borrowers propose any portion of such increased or new Incremental Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Incremental Commitments may elect or decline, in its sole discretion, to provide such increased or new Incremental Commitment.

Appears in 1 contract

Sources: Credit Agreement (NDS Group Holdings, LTD)

Borrower Request. After a Successful Syndication is completed, Borrower may by 10 Business Days' written notice to the Administrative Agent requestelect to request (x) prior to the Revolving Maturity Date, on up an increase to but no more than four separate occasions, the existing Revolving Commitments and/or (y) the establishment of one or more new Term Loan Commitments (it being understood that this is in addition to the Additional each, an “Incremental Term Loan CommitmentsCommitment”) by an amount not in excess of $40.0 million 100,000,000 in the aggregate and not less than $5.0 million 10,000,000 individually. Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE"“Increase Effective Date”) on which Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.

Appears in 1 contract

Sources: Credit Agreement (Ventiv Health Inc)

Borrower Request. After a Successful Syndication is completed, Borrower may by 10 Business Days' written notice to the Administrative Agent requestelect to request (x) prior to the Revolving Maturity Date, on up an increase to but no more than four separate occasionsthe existing Revolving Commitments (each, an “Incremental Revolving Commitment”) and/or (y) the establishment of one or more new Term Loan Commitments (it being understood that this is in addition to the Additional each, an “Incremental Term Loan CommitmentsCommitment”) by an amount not in excess of $40.0 200.0 million in the aggregate and not less than $5.0 10.0 million individually. Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE"“Increase Effective Date”) on which Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.

Appears in 1 contract

Sources: Credit Agreement (CSG Systems International Inc)

Borrower Request. After a Successful Syndication is completed, The Borrower may by 10 Business Days' written notice to the Administrative Agent requestAgent, on up at any one time, elect to but no more than four separate occasionsrequest (x) prior to the Maturity Date for the Revolving Credit Facility, an increase to the existing Revolving Credit Commitments and/or (y) the establishment of one or more new a term loan Commitment (an “Incremental Term Loan Commitments (it being understood that this is in addition to the Additional Term Loan Commitments) Commitment”), by an aggregate amount under clause (x) and/or (y), not in excess of $40.0 million in the aggregate and not less than $5.0 million individually50,000,000. Each such Such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE"the “Increase Effective Date”) on which the Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom the Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.

Appears in 1 contract

Sources: Credit Agreement (Commscope Inc)

Borrower Request. After a Successful Syndication is completedAt any time after May 3, 2012 and prior to the earlier of (x) the Opening Date and (y) September 30, 2012, Borrower may by 10 Business Days' written notice to the Administrative Agent request, on up elect to but no more than four separate occasions, request an increase to the Tranche B Loans and/or the establishment of one or more new Term Loan term loan Commitments (it being understood that this is each an “Incremental Commitment”) in addition to the Additional Term Loan Commitments) by an aggregate amount not in excess of $40.0 million in the aggregate and not less than $5.0 million individually50,000,000. Each such notice shall specify (i) the date (each, an "INCREASE EFFECTIVE DATE"“Increase Effective Date”) on which Borrower proposes that the increased or new Incremental Commitments shall be effective, which shall be a date not less than 10 one Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) to the extent identified at such time, the identity of each Eligible Assignee to whom Borrower proposes any portion of such increased or new Incremental Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Incremental Commitments may elect or decline, in its sole discretion, to provide such increased or new Incremental Commitment.

Appears in 1 contract

Sources: Credit Agreement (Revel Entertainment Group, LLC)