Facility Increase. (a) The Borrower may (no more frequently than three times after the Closing Date (in minimum increments of $50,000,000) during the term of the Revolving Credit Facility) request the Lenders or other Eligible Assignees acceptable to the Administrative Agent in its reasonable discretion to provide additional Commitments (a “Facility Increase”) up to an aggregate amount during the term of the Revolving Credit Facility not in excess of $200,000,000; provided, however, that (i) the Borrower shall have given the Administrative Agent at least 60 days’ written notice of its intention to effect the Facility Increase and the desired amount of such Facility Increase, (ii) there shall exist no Default or Event of Default as of the Facility Increase Effective Date (as defined below) or after giving effect to the Facility Increase to occur on that date and the other conditions precedent to a Borrowing set forth in Section 3.2 are satisfied as of the Facility Increase Effective Date, (iii) an opinion of counsel to the Loan Parties in form and substance and from counsel reasonably satisfactory to the Administrative Agent and addressed to the Facility Agents, the Issuers and the Lenders dated the Facility Increase Effective Date and addressing such matters as the Administrative Agent may reasonably request shall be delivered to the Administrative Agent, (iv) the Administrative Agent shall have received such other documents, agreements, certificates and writings with respect to the Facility Increase as the Administrative Agent shall reasonably request (including, without limitation, resolutions of the Borrower authorizing the borrowings under the Facility Increase and such amendments, modifications and/or supplements to the Collateral Documents as are necessary or, in the reasonable opinion of the Administrative Agent, desirable to ensure that the borrowings under the Facility Increase are secured by, and entitled to the benefits of, the Collateral Documents), (v) the Borrower shall have paid to the Administrative Agent a fee to be determined (but in any event reasonably acceptable to Group) and (vi) the Borrower shall have paid to the Lenders providing the Facility Increase a fee required in order to clear the market in an amount to be determined.
Facility Increase. (i) After the Closing Date, the Borrower may deliver to the Administrative Agent a Facility Increase Notice to request an increase (a “Facility Increase”) in the aggregate Revolving Credit Commitments in a principal amount not to exceed $50,000,000 in the aggregate for all such requests; provided, however, that (A) no Facility Increase of the Revolving Credit Facility shall be effective later than 180 Business Days prior to the Scheduled Revolving Credit Termination Date, (B) no Facility Increase shall be effective earlier than 10 Business Days after the delivery of the Facility Increase Notice to the Administrative Agent in respect of such Facility Increase, (C) no more than two (2) Facility Increases shall be made pursuant to this clause (b) and (D) no Facility Increase shall be in an amount less than $20,000,000. 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; provided, that, subject to the terms of Section 3.3(d), if any portion of the Facility Increase is not subscribed for by the Lenders, the Borrower may, with the consent of the Administrative Agent as to any bank or financial institution that is not at such time a Lender (which consent shall not be unreasonably withheld or delayed) offer to any existing Lender or to one or more additional banks or financial institutions the opportunity to provide all or a portion of such unsubscribed portion of the Facility Increase.
Facility Increase. Each Lender (or Affiliate or Approved Fund thereof) or Eligible Assignee having, in its sole discretion, committed to a Facility Increase shall agree as part of such commitment that, on the Facility Increase Date for such Facility Increase, on the terms and subject to the conditions set forth in, or as otherwise agreed to in connection with, its commitment therefor or as set forth in any amendment to this Agreement in connection with such Facility Increase (subject in each case to clause (iv) below), such Lender, Affiliate, Approved Fund or Eligible Assignee shall make a Loan in Dollars to the Borrower in an amount not to exceed such commitment to such Facility Increase.
Facility Increase. (a) The Borrower may, at any time and from time to time after the Closing Date, by notice to the Administrative Agent, request an increase (“Facility Increase”) in the Aggregate Revolving Credit Commitment (within the limitations herein provided), which notice shall set forth the amount of such requested Facility Increase. The Aggregate Revolving Credit Commitment may be so increased either by having one or more New Revolving Credit Lenders become Lenders under the Revolving Credit Facility and/or by having any one or more of the then existing Lenders under the Revolving Credit Facility (at their respective election in their sole discretion) that have been approved by the Borrower, the Administrative Agent and the Company (such approval by the Administrative Agent not to be unreasonably withheld or delayed), increase the amount of their Revolving Credit Commitments, provided that (i) each Facility Increase shall be in an amount not less than $5,000,000, (ii) after giving effect to the Facility Increase, the Aggregate Revolving Credit Commitment shall not exceed the Aggregate Revolving Credit Facility Limit, (iii) no Unmatured Default or Default exists or would exist after giving effect to the Facility Increase, (iv) all financial covenants set forth in Section 7.28 would be satisfied on a pro forma basis for the most recent determination period, after giving effect to such Facility Increase as if it occurred on the last day of such determination period (and assuming such Facility Increase is fully borrowed) and (v) any Facility Increase shall be on the terms and pursuant to the documentation applicable to the Revolving Credit Facility.
Facility Increase. In connection with the closing of any Facility Increase, the outstanding Loans and Participation Interests shall be reallocated by causing such fundings and repayments (and shall not be subject to any processing and/or recordation fees) among the Lenders (and the Borrower shall be responsible for any costs of the Administrative Agent arising hereunder resulting from such reallocation and repayments and for any payments owing under Section 15.5 of Loans as necessary such that, after giving effect to such Facility Increase, each Lender will hold Loans and Participation Interests based on its Pro Rata Share (after giving effect to such Facility Increase).
Facility Increase. 2.4.1 Borrower may from time to time request and receive an increase, or increases, to the Term Loan in one or more advances to increase the maximum amount of principal hereunder not to exceed $50,000,000, subject to the following terms (each, an “Accordion Advance”): (i) on the date of any Accordion Advance (A) no Event of Default shall be in existence and continuing, (B) no Event of Default would occur as a result of any Accordion Advance, and (C) Borrower shall have executed and delivered a promissory note or notes in substantially the same form as the Notes to evidence the increase set forth herein. Borrower acknowledges and agrees that no Accordion Advance is a committed amount hereunder, and no Lender shall have any obligation to advance any Accordion Advance, until such time that such Accordion Advance is approved in writing by Lenders holding Loans in excess of sixty percent (60%) of the then outstanding Loans.
Facility Increase. (a) The Borrower may, at any time and from time to time, by notice to the Administrative Agent, request an increase (“Facility Increase”) in the Aggregate Revolving Credit Commitment or Term Loan Facility (or both) (within the limitations herein provided), which notice shall set forth the amount of such requested Facility Increase and the Facility or Facilities with respect to which such Facility Increase is requested (within the limitations herein provided). The Aggregate Revolving Credit Commitment, the Term Loan Facility, or both, may be so increased either by having one or more New Lenders become Lenders under the applicable Facility or Facilities and/or by having any one or more of the then existing Lenders under a Facility (at their respective election in their sole discretion) that have been approved by the Borrower, increase the amount of their Revolving Credit Commitments or Term Commitments (as applicable), provided that (i) each Facility Increase shall be in an amount not less than $5,000,000; and (ii) the Aggregate Facility shall not exceed the Aggregate Facility Limit.
Facility Increase. The assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire. Upon such execution, delivery, acceptance and recording and the receipt by the Administrative Agent from the assignee of an assignment fee in the amount of $3,500 (other than in respect of assignments made pursuant to Sections 2.17 (Substitution of Lenders) and 11.1(c) (Amendments, Waivers, Etc.), it being understood that only one such fee shall be payable in connection with concurrent assignments to or by two or more Approved Funds), from and after the effective date specified in such Assignment and Acceptance, (i) the assignee thereunder shall be a party hereto and, to the extent of the interest assigned by such Assignment and Acceptance, have the rights and obligations of a Lender under this Agreement and, if such Lender was an Issuer, of such Issuer hereunder, (ii) the Notes (if any) corresponding to the Loans assigned thereby shall be transferred to such assignee by notation in the Register and (iii) the assignor thereunder shall, to the extent that rights and obligations under this Agreement have been assigned by it pursuant to such Assignment and Acceptance, relinquish its rights (except for those surviving the payment in full of the Obligations) and be released from its obligations under the Loan Documents, other than those relating to events or circumstances occurring prior to such assignment (and, in the case of an Assignment and Acceptance covering all or the remaining portion of an assigning Lender’s rights and obligations under the Loan Documents, such Lender shall cease to be a party hereto). Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with clause (g) of this Section 11.2. Notwithstanding the foregoing, no assignment pursuant to clause (n) below shall be subject to the requirements of this clause (c).
Facility Increase. Prior to July 1, 2019, Borrower may, by written notice to Agent, elect to request the establishment of a new loan commitment by an aggregate amount not in excess of $35,000,000.00 (the “Incremental Term Loan Commitment”). Lender may elect to accept or decline Borrower’s request for the Incremental Term Loan Commitment (in whole or in part) in its sole and absolute discretion. Any Incremental Term Loan Commitment shall become effective and shall be an Advance subject to the conditions, requirements and limitations set forth in Section 2.2(b) as of date advanced.
Facility Increase. (a) The Borrower may (no more frequently than once during the term of the Facilities) request the Lenders or other institutions that would be Eligible Assignees to provide additional Commitments (with respect to either the Term Loan Facility or the Revolving Credit Facility, at the option of the Borrower) up to an aggregate amount not in excess of $100,000,000 (a "Facility Increase"); provided, however, that (i) the Borrower shall have given the Administrative Agent at least 60 days notice of its intention to effect the Facility Increase and the desired amount of such Facility Increase, (ii) the conditions precedent to a Borrowing set forth in Section 3.2 are satisfied as of the Facility Increase Effective Date (as defined below), (iii) the Administrative Agent shall have received on or prior to the Facility Increase Effective Date, a certificate of the Secretary or an Assistant Secretary of each Loan Party, in form and substance satisfactory to the Administrative Agent, certifying the resolutions of such Loan Party's board of directors (or equivalent governing body) approving and authorizing the Facility Increase to the extent of the stated desired amount of such Facility Increase, and (iv) an opinion of counsel to the Loan Parties in form and substance and from counsel satisfactory to the Administrative Agent and addressed to the Administrative Agent, the Issuers and the Lenders dated the Facility Increase Effective Date and addressing such matters as the Administrative Agent may reasonably request shall be delivered to the Administrative Agent.
