Common use of Company Request Clause in Contracts

Company Request. The Company, on behalf of the Borrowers, may by written notice to the Administrative Agent elect to request prior to the Maturity Date for the Revolving Facility, an increase to the existing Revolving Commitments (each, an “Incremental Revolving Commitment”), which may include an increase to the Canadian Sublimit or may be provided in the form of Incremental Foreign Revolving Commitments, subject to the requirements of clause (b) below, by an aggregate amount not to exceed the U.S. Dollar Equivalent of $150,000,000 from one or more Lenders (which may include any existing Lender) or other Persons that are Eligible Assignees willing to provide such Incremental Revolving Commitments, as the case may be, in their own discretion. Each such notice shall specify (i) the date (each, an “Increase Effective Date”) on which the Company proposes that the Incremental Revolving 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 (or such other date as agreed to by the Administrative Agent), (ii) whether or not such Incremental Revolving Commitment shall (x) take the form of Incremental Foreign Revolving Commitments or (y) include an increase to the Canadian Sublimit and (iii) the identity of each Lender or Eligible Assignee to whom the Company proposes any portion of such Incremental Revolving Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the Incremental Revolving Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment. Each Incremental Revolving Commitment shall be in an aggregate amount of $10,000,000 or any whole multiple of $500,000 in excess thereof (provided that such amount may be less than $10,000,000 if such amount represents all remaining availability under the aggregate limit in respect of Incremental Revolving Commitments set forth in above).

Appears in 3 contracts

Samples: Pledge Agreement (Ciena Corp), Abl Credit Agreement (Ciena Corp), Abl Credit Agreement

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Company Request. The CompanyAfter the Closing Date or, solely with respect to any Incremental Facilities (as defined below) requested pursuant to clause (IV) of the definition of “Incremental Cap”, on behalf of the BorrowersClosing Date, the Company may by written notice to the Administrative Agent elect to request prior to the Maturity Date for the Revolving Facility(x) commitments (each, an “Incremental Term Increase”) to increase the aggregate principal amount of any existing Term Facility or to the existing Revolving Commitments establish one or more new Term Facilities (each, an “Incremental Term Facility”) and/or (y) commitments (each, an “Incremental Revolving CommitmentIncrease)) to increase the Revolving Credit Commitments under any existing Revolving Credit Facility or to establish one or more new revolving facilities (each, which may include an increase to “Incremental Revolving Credit Facility” and, together with any Incremental Term Increase, Incremental Term Facility and Incremental Revolving Increase, the Canadian Sublimit or may be provided in the form of Incremental Foreign Revolving Commitments, subject to the requirements of clause (bFacilities”) below, by an aggregate amount not to exceed the U.S. Dollar Equivalent of $150,000,000 Incremental Cap available at the time any such Incremental Facility is funded or established, as applicable, from one or more Lenders (which may include any existing Lender) or other Persons that are Eligible Assignees lenders willing to provide such Incremental Revolving Commitments, as the case may be, Facility in their own sole discretion; provided that each new lender under an Incremental Revolving Credit Facility or Incremental Revolving Increase shall be subject to the approval of the Administrative Agent, the L/C Issuer and the Swing Line Lender (which approvals shall not be unreasonably withheld, conditioned or delayed) to the extent the same would be required for an assignment under Section 10.06. Each such notice shall specify (i) the date (each, an “Increase Incremental Effective Date”) on which the Company proposes that the Incremental Revolving Commitments Facility 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 (or such other date as agreed to shorter period approved by the Administrative Agent), ) and (ii) whether or not such Incremental Revolving Commitment shall (x) take the form of Incremental Foreign Revolving Commitments or (y) include an increase to the Canadian Sublimit and (iii) the identity of each Lender or Eligible Assignee to whom the Company Borrower proposes any portion of such Incremental Revolving Commitments Facility be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the Incremental Revolving Commitments Facility may elect or decline, in its sole discretion, to provide such Incremental Revolving CommitmentFacility. Each Incremental Revolving Commitment Facility shall be in an aggregate amount of $10,000,000 50,000,000 or any whole multiple of $500,000 5,000,000 in excess thereof (provided that (i) such amount may be less than $10,000,000 50,000,000 if such amount represents all remaining availability under the aggregate limit in respect of Incremental Revolving Commitments Facilities set forth in aboveabove and (ii) such multiple shall not be applicable with respect to the Incremental Facilities requested pursuant to clause (IV) of the definition of “Incremental Cap” on the Closing Date).

Appears in 3 contracts

Samples: Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.)

Company Request. The CompanyAfter the Closing Date or, solely with respect to any Incremental(a) Facilities (as defined below) requested pursuant to clause (IV) of the definition of “Incremental Cap”, on behalf of the BorrowersClosing Date, the Company may by written notice to the Administrative Agent elect to request prior to the Maturity Date for the Revolving Facility(x) commitments (each, an “Incremental Term Increase”) to increase the aggregate principal amount of any existing Term Facility or to the existing Revolving Commitments establish one or more new Term Facilities (each, an “Incremental Term Facility”) and/or (y) commitments (each, an “Incremental Revolving CommitmentIncrease)) to increase the Revolving Credit Commitments under any existing Revolving Credit Facility or to establish one or more new revolving facilities (each, which may include an increase to “Incremental Revolving Credit Facility” and, together with any Incremental Term Increase, Incremental Term Facility and Incremental Revolving Increase, the Canadian Sublimit or may be provided in the form of Incremental Foreign Revolving Commitments, subject to the requirements of clause (bFacilities”) below, by an aggregate amount not to exceed the U.S. Dollar Equivalent of $150,000,000 Incremental Cap available at the time any such Incremental Facility is funded or established, as applicable, from one or more Lenders (which may include any existing Lender) or other Persons that are Eligible Assignees lenders willing to provide such Incremental Revolving Commitments, as the case may be, Facility in their own sole discretion; provided that each new lender under an Incremental Revolving Credit Facility or Incremental Revolving Increase shall be subject to the approval of the Administrative Agent, the L/C Issuer and the Swing Line Lender (which approvals shall not be unreasonably withheld, conditioned or delayed) to the extent the same would be required for an assignment under Section 10.06. Each such notice shall specify (i) the date (each, an “Increase Incremental Effective Date”) on which the Company proposes that the Incremental Revolving Commitments Facility 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 (or such other date as agreed to shorter period approved by the Administrative Agent), ) and (ii) whether or not such Incremental Revolving Commitment shall (x) take the form of Incremental Foreign Revolving Commitments or (y) include an increase to the Canadian Sublimit and (iii) the identity of each Lender or Eligible Assignee to whom the Company Borrower proposes any portion of such Incremental Revolving Commitments Facility be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the Incremental Revolving Commitments Facility may elect or decline, in its sole discretion, to provide such Incremental Revolving CommitmentFacility. Each Incremental Revolving Commitment Facility shall be in an aggregate amount of $10,000,000 50,000,000 or any whole multiple of $500,000 5,000,000 in excess thereof (provided that (i) such amount may be less than $10,000,000 50,000,000 if such amount represents all remaining availability under the aggregate limit in respect of Incremental Revolving Commitments Facilities set forth in aboveabove and (ii) such multiple shall not be applicable with respect to the Incremental Facilities requested pursuant to clause (IV) of the definition of “Incremental Cap” on the Closing Date).

Appears in 1 contract

Samples: Credit Agreement (WEX Inc.)

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Company Request. The CompanyAfter the Closing Date or, solely with respect to any Incremental Facilities (as defined below) requested pursuant to clause (IV) of the definition of “Incremental Cap”, on behalf of the BorrowersClosing Date, the Company may by written notice to the Administrative Agent elect to request prior to the Maturity Date for the Revolving Facility(x) commitments (each, an “Incremental Term Increase”) to increase the aggregate principal amount of any existing Term Facility or to the existing Revolving Commitments establish one or more new Term Facilities (each, an “Incremental Term Facility”) and/or (y) commitments (each, an “Incremental Revolving CommitmentIncrease)) to increase the Revolving Credit Commitments under any existing Revolving Credit Facility or to establish one or more new revolving facilities (each, which may include an increase to “Incremental Revolving Credit Facility” and, together with any Incremental 102 Term Increase, Incremental Term Facility and Incremental Revolving Increase, the Canadian Sublimit or may be provided in the form of Incremental Foreign Revolving Commitments, subject to the requirements of clause (bFacilities”) below, by an aggregate amount not to exceed the U.S. Dollar Equivalent of $150,000,000 Incremental Cap available at the time any such Incremental Facility is funded or established, as applicable, from one or more Lenders (which may include any existing Lender) or other Persons that are Eligible Assignees lenders willing to provide such Incremental Revolving Commitments, as the case may be, Facility in their own sole discretion; provided that each new lender under an Incremental Revolving Credit Facility or Incremental Revolving Increase shall be subject to the approval of the Administrative Agent, the L/C Issuer and the Swing Line Lender (which approvals shall not be unreasonably withheld, conditioned or delayed) to the extent the same would be required for an assignment under Section 10.06. Each such notice shall specify (i) the date (each, an “Increase Incremental Effective Date”) on which the Company proposes that the Incremental Revolving Commitments Facility 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 (or such other date as agreed to shorter period approved by the Administrative Agent), ) and (ii) whether or not such Incremental Revolving Commitment shall (x) take the form of Incremental Foreign Revolving Commitments or (y) include an increase to the Canadian Sublimit and (iii) the identity of each Lender or Eligible Assignee to whom the Company Borrower proposes any portion of such Incremental Revolving Commitments Facility be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the Incremental Revolving Commitments Facility may elect or decline, in its sole discretion, to provide such Incremental Revolving CommitmentFacility. Each Incremental Revolving Commitment Facility shall be in an aggregate amount of $10,000,000 50,000,000 or any whole multiple of $500,000 5,000,000 in excess thereof (provided that (i) such amount may be less than $10,000,000 50,000,000 if such amount represents all remaining availability under the aggregate limit in respect of Incremental Revolving Commitments Facilities set forth in aboveabove and (ii) such multiple shall not be applicable with respect to the Incremental Facilities requested pursuant to clause (IV) of the definition of “Incremental Cap” on the Closing Date).

Appears in 1 contract

Samples: Credit Agreement (WEX Inc.)

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