Common use of Facilities Increase Clause in Contracts

Facilities Increase. (i) The Borrower shall have the right to send to the Agents, after the Closing Date, a Facilities Increase Notice to request (i) an increase in the aggregate principal amount of the Term Loan Facility to be effectuated by the disbursement of one or more additional Term Loans (each, an “Incremental Term Loan”) in excess of the Closing Date Term Loan or (ii) an increase in the aggregate principal amount of the Revolving Credit Commitments (each such increase, a “Revolving Commitment Increase”, and together with each Incremental Term Loan, each a “Facilities Increase”), in a principal amount not to exceed (x) $150,000,000 in the aggregate for all such requests for Revolving Commitment Increases or (y) $750,000,000 (exclusive of the First Facilities Increase and the Second Facilities Increase) in the aggregate for all such requests for Facilities Increases; provided, however, that (A) no Facilities Increase in the Term Loan Facility shall be effective later than two years prior to the Stated Closing Date Term Loan Maturity Date, (B) no Facilities Increase in the Revolving Credit Facility shall be effective later than one year prior to the Revolving Credit Maturity Date, (C) no Facilities Increase shall be effective earlier than 10 days after the delivery of the Facilities Increase Notice to the Agents in respect of such Facilities Increase and (D) no more than five Facilities Increases (exclusive of the First Facilities Increase and the Second Facilities Increase) shall be made pursuant to this Section 2.01(b). 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 Term Loan Commitments or the Revolving Credit Commitments, as applicable, and any such increase may be subject to changes in any term of this Agreement reasonably acceptable to the Agents and the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Jarden Corp)

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Facilities Increase. (i) The Borrower shall have the right to send to the AgentsAdministrative Agent, after the Closing Date, a Facilities Increase Notice to request (i) an increase in the aggregate principal amount of the Term Loan Facility to be effectuated by the disbursement of one or more additional Term Loans (each, an “Incremental Term Loan”) in excess of the Closing Date Term Loan or (ii) an increase in the aggregate principal amount of the Revolving Credit Commitments (each such increase, a “Revolving Commitment Increase”, and together with each Incremental Term Loan, each a “Facilities Increase”)) in the aggregate Revolving Credit Commitments or the disbursement of additional Term Loans in excess of the Term Loans disbursed on the Closing Date, in a principal amount not to exceed (x) $150,000,000 200,000,000 in the aggregate for all such requests for Revolving Commitment Increases or (y) $750,000,000 (exclusive of made after the First Facilities Increase and the Second Facilities Increase) in the aggregate for all such requests for Facilities IncreasesClosing Date; provided, however, that (A) no Facilities Increase in the Term Loan Facility shall be effective later than two years prior to the Stated Closing Date Term Loan Maturity Date, (B) no Facilities Increase in the Revolving Credit Facility shall be effective later than one year prior to the Revolving Credit Scheduled Termination Date, (B) no Facilities Increase in the Term Loan Facility shall be effective later than one year prior to the Term Loan Maturity Date, (C) no Facilities Increase shall be effective earlier than 10 days after the delivery of the Facilities Increase Notice to the Agents Administrative Agent in respect of such Facilities Increase and (D) no more than five four Facilities Increases (exclusive of the First Facilities Increase and the Second Facilities Increase) shall be made pursuant to this Section 2.01(bclause (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 Term Loan Commitments or the Revolving Credit Commitments, as applicable, and any such increase may be subject to changes in any term of this Agreement reasonably acceptable to the Agents and the Borrowerherein.

Appears in 1 contract

Samples: Credit Agreement (Prestige Brands Holdings, Inc.)

Facilities Increase. (i) The Borrower shall have the right to send to the AgentsAdministrative Agent, after the Closing Date, a Facilities Increase Notice to request (i) an increase (each a "FACILITIES INCREASE") in the aggregate principal amount of the Term Loan Facility to be effectuated by Revolving Credit Commitments or the disbursement of one or more additional Term Tranche B Loans (each, an “Incremental Term Loan”) in excess of the Tranche B Loans disbursed on the Closing Date Term Loan or (ii) an increase in the aggregate principal amount of the Revolving Credit Commitments (each such increase, a “Revolving Commitment Increase”, and together with each Incremental Term Loan, each a “Facilities Increase”)Date, in a principal amount not to exceed (x) $150,000,000 in the aggregate for all such requests for Revolving Commitment Increases or (y) $750,000,000 (exclusive of the First Facilities Increase and the Second Facilities Increase) in the aggregate for all such requests for Facilities Increasesrequests; providedPROVIDED, howeverHOWEVER, that (A) no Facilities Increase in the Term Loan Facility shall be effective later than two years prior to the Stated Closing Date Term Loan Maturity Date, (B) no Facilities Increase in the Revolving Credit Facility shall be effective later than one year prior to the Revolving Credit Scheduled Termination Date, (B) no Facilities Increase in the Tranche B Facility shall be effective later than 49 CREDIT AGREEMENT PRESTIGE BRANDS, INC. three years prior to the Tranche B Maturity Date, (C) no Facilities Increase shall be effective earlier than 10 days after the delivery of the Facilities Increase Notice to the Agents Administrative Agent in respect of such Facilities Increase and (D) no more than five three Facilities Increases (exclusive of the First Facilities Increase and the Second Facilities Increase) shall be made pursuant to this Section 2.01(bCLAUSE (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 Term Loan Commitments or the Revolving Credit Commitments, as applicable, and any such increase may be subject to changes in any term of this Agreement reasonably acceptable to the Agents and the Borrowerherein.

Appears in 1 contract

Samples: Credit Agreement (Prestige Brands International, Inc.)

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Facilities Increase. (i) The Borrower shall have the right to send to the Agents, after the Closing Date, a Facilities Increase Notice to request (i) an increase (each a "FACILITIES INCREASE") in the aggregate principal amount of the Term Loan Facility to be effectuated by the disbursement of one or more additional Term Loans (each, an “Incremental Term Loan”"INCREMENTAL TERM LOAN") in excess of the Closing Date Term Loan or (ii) an increase in the aggregate principal amount of the Revolving Credit Commitments (each such increase, a “Revolving Commitment Increase”, and together with each Incremental Term Loan, each a “Facilities Increase”), in a principal amount not to exceed (x) $150,000,000 300,000,000 in the aggregate for all such requests for Revolving Commitment Increases or (y) $750,000,000 (exclusive of the First Facilities Increase and the Second Facilities Increase) in the aggregate for all such requests for Facilities Increasesrequests; provided, however, that (A) no Facilities Increase in the Term Loan Facility shall be effective later than two three years prior to the Stated Closing Date Term Loan Maturity Date, (B) no Facilities Increase in the Revolving Credit Facility shall be effective later than one year prior to the Revolving Credit Maturity Date, (C) no Facilities Increase shall be effective earlier than 10 days after the delivery of the Facilities Increase Notice to the Agents in respect of such Facilities Increase and (DC) no more than five three Facilities Increases (exclusive of the First Facilities Increase and the Second Facilities Increase) shall be made pursuant to this Section 2.01(b). 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 Term Loan Commitments or the Revolving Credit Commitments, as applicable, and any such increase may be subject to changes in any term of this Agreement reasonably acceptable to the Agents and the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Jarden Corp)

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