Common use of Facilities Increase Clause in Contracts

Facilities Increase. (i) The Borrower may, after the Closing Date, deliver to the Administrative Agent a Facilities Increase Notice to request an increase in the aggregate Revolving Credit Commitments or the disbursement of additional Term B Loans (in either case, a “Facilities Increase”) in a principal amount not to exceed $200,000,000 in the aggregate for all such requests; provided, however, that (A) no Facilities Increase shall be effective later than the sixth anniversary of the Closing Date, (B) no Facilities Increase shall be effective earlier than 10 Business Days after the delivery of the Facilities Increase Notice to the Administrative Agent in respect of such Facilities Increase and (C) no more than 5 Facilities Increases shall be made pursuant to this clause (c). Nothing in this Agreement shall be construed to obligate any Lender to negotiate for (whether or not in good faith), solicit, provide or consent to any increase in the Commitments, and any such increase may be subject to changes in any term herein.

Appears in 1 contract

Samples: Credit Agreement (Beacon Roofing Supply Inc)

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Facilities Increase. (i) The Borrower Representative may, after the Closing Date, deliver to the Administrative Agent a Facilities Increase Notice to request an increase in the aggregate Revolving Credit Commitments or the disbursement of additional Term B Loans (in either case, a “Facilities Increase”) in the aggregate Revolving Loan Commitments in a principal amount not to exceed $200,000,000 25,000,000 in the aggregate for all such requests; provided, however, that (A) no Facilities Increase shall be effective later than 90 days prior to the sixth anniversary of the Closing Termination Date, (B) no Facilities Increase shall be effective earlier than 10 Business Days after the delivery of the Facilities Increase Notice to the Administrative Agent in respect of such Facilities Increase and (Cc) no more than 5 Facilities Increases Default or Event of Default shall have occurred and be made pursuant to this clause (c)continuing. Nothing in this Agreement shall be construed to obligate any Lender to negotiate for (whether or not in good faith), solicit, provide or consent to any increase in the Commitments, and any such increase may be subject to changes in any term herein.

Appears in 1 contract

Samples: Credit Agreement (Golfsmith International Holdings Inc)

Facilities Increase. (i) The Borrower mayshall have the right to send to the Administrative Agent, after the Closing Effective Date, deliver to the Administrative Agent a Facilities Increase Notice Notices to request an increase in the aggregate Revolving Credit Commitments or the disbursement of additional Term B Loans (in either caseeach, a “Facilities Increase”) in the aggregate Revolving Credit Commitments in a principal amount not to exceed $200,000,000 45,000,000 in the aggregate for all such requestsFacilities Increase Notices; provided, however, that (A) no Facilities Increase shall be effective later than one year prior to the sixth anniversary of the Closing Scheduled Termination Date, (B) no Facilities Increase shall be effective earlier than 10 Business Days days after the delivery of the Facilities Increase Notice to the Administrative Agent in respect of such Facilities Increase and (C) no more than 5 3 Facilities Increases shall be made pursuant to this clause (cb). Nothing in this Agreement shall be construed to obligate any Lender to negotiate for (whether or not in good faith), solicit, provide or consent to any increase in the Revolving Credit Commitments, and any such increase may be subject to changes in any term herein.

Appears in 1 contract

Samples: Credit Agreement (Us Concrete Inc)

Facilities Increase. (i) The Borrower may, from time to time after the Closing DateOctober 15, 2007, deliver to the Administrative Agent a Facilities Increase Notice to request an increase in (a "Facilities Increase") the aggregate Revolving Credit Commitments or the disbursement making of additional Term B Loans (in either case, a “Facilities Increase”) in a principal amount not to exceed $100,000,000 in the aggregate (or, if no Second Lien Term Loans or any Permitted Refinancings thereof are outstanding, $200,000,000 in the aggregate aggregate) for all such requests; provided, however, that (A) no Facilities Increase of the Term Loan Facility shall be effective later than 12 months prior to the sixth anniversary of the Closing Scheduled Term Loan Maturity Date, (B) no Facilities Increase shall be effective earlier than 10 15 Business Days after the delivery of the Facilities Increase Notice to the Administrative Agent in respect of such Facilities Increase and (C) no more than 5 2 Facilities Increases shall be made pursuant to this clause (c). Nothing in this Agreement shall be construed to obligate any Lender to negotiate for (whether or not in good faith), solicit, provide or consent to any increase in the Commitments, and any such increase may be subject to changes in any term herein.

Appears in 1 contract

Samples: Intercreditor Agreement (Inverness Medical Innovations Inc)

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Facilities Increase. (i) The Borrower Provided that no Default or Event of Default is continuing or would result therefrom, the Borrowers may, after the Closing Amendment No. 4 Effective Date, deliver to the Administrative Agent a Facilities Increase Notice to request an increase (a "Facilities Increase") in the aggregate Revolving Credit Commitments or the disbursement of additional Term B Loans (in either case, a “Facilities Increase”) in a principal amount not to exceed $200,000,000 75,000,000 in the aggregate for all such requests; provided, however, that (A) no Facilities Increase such requested increase shall be effective later than the sixth anniversary in a minimum principal amount of the Closing Date$12,500,000, (B) no Facilities Increase of the Revolving Credit Facility shall be effective earlier later than 10 Business Days after the delivery of the Facilities Increase Notice 180 days prior to the Administrative Agent in respect of such Facilities Increase Maturity Date and (C) no more than 5 three Facilities Increases shall be made pursuant to this clause (c). Nothing in this Agreement shall be construed to obligate any Lender to negotiate for (whether or not in good faith), solicit, provide or consent to any increase in the Revolving Commitments, and any such increase may be subject to changes in any term herein.

Appears in 1 contract

Samples: Credit Agreement (Finlay Fine Jewelry Corp)

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