Common use of Increase Documents Clause in Contracts

Increase Documents. The Administrative Agent shall have received (each of the following documents being referred to herein as an “Increase Document”): (i) this Agreement, executed and delivered by a duly authorized officer of the Borrowers and each New Lender and Increasing Lender; (ii) for the account of each such New Lender and Increasing Lender requesting the same, a Note of each of the Borrowers conforming to the requirements of the Credit Agreement, and reflecting the Revolving Commitment of such Lender after giving effect to this Agreement, executed by a duly authorized officer of the applicable Borrower; (iii) a reaffirmation of the Guarantee, executed and delivered by a duly authorized officer of each party thereto; (iv) a reaffirmation of each Security Document, executed and delivered by a duly authorized officer of each party thereto; and (v) the Administrative Agent shall have received in respect of each Mortgaged Property (A) such amendments to the Mortgage and Security Agreements necessary to increase the obligations secured thereby by the Revolving Increase Amount, in each case, executed and delivered by a duly authorized officer of the relevant Loan Party, (B) an endorsement to each related title policy (or policies) and flood policy (or policies) confirming an increase in coverage by at least the Revolving Increase Amount, provided that, such endorsement shall only be required with respect to a flood policy to the extent such additional coverage is required under applicable Law, and (C) evidence satisfactory to it that all premiums in respect of the related title policy (or policies) and flood policy (or policies), and all charges for mortgage recording tax, if any, have been paid provided that, such evidence shall only be required with respect to a flood policy to the extent such additional coverage is required under applicable Law.

Appears in 1 contract

Sources: Credit Agreement (SemGroup Corp)

Increase Documents. The Administrative Agent shall have received (each of the following documents being referred to herein as an “Increase Document”): (i) this Agreement, executed and delivered by a duly authorized officer of the Borrowers Borrower and each New Lender and Increasing Lender; (ii) for the account of each such New Lender and Increasing Lender requesting the same, a Note of each of the Borrowers Borrower conforming to the requirements of the Credit Agreement, and reflecting the Revolving [Working Capital Facility] [Acquisition Facility] Commitment of such Lender after giving effect to this Agreement, executed by a duly authorized officer of the applicable Borrower; (iii) a reaffirmation of the Guarantee, executed and delivered by a duly authorized officer of each party thereto; (iv) a reaffirmation of each Security Document, executed and delivered by a duly authorized officer of each party thereto; and (v) the Administrative Agent shall have received in respect of each Mortgaged Property (A) such amendments to the Mortgage and Security Agreements necessary as are in form and substance reasonably satisfactory to increase the obligations secured thereby by the Revolving Increase AmountAdministrative Agent, in each case, executed and delivered by a duly authorized officer of the relevant Loan PartyParty to the extent necessary to reflect the increase in the Working Capital Facility or the Acquisition Facility, as applicable, (it being understood that, unless requested by the Administrative Agent, no amendment shall increase the amount secured thereby if the same will result in the payment of additional mortgage recording tax) and, (B) an endorsement to each related title policy (or policies) and flood policy (or policies) confirming an increase in coverage by at least the Revolving Increase Amount, provided that, such endorsement shall only be required with respect to each such Mortgage and Security Agreement, a flood policy date-down endorsement to the extent title insurance policy covering such additional coverage Mortgaged Property (or if a date-down is required under applicable Lawnot available in a particular jurisdiction, a new title insurance policy in the same insured amount as originally issued or marked up unconditional title commitment, pro forma policy or binder for such insurance) in each case in form and substance not materially less favorable to the Administrative Agent or the Lenders as such title policies or marked up unconditional title commitments, pro forma policies or binders delivered on or prior to the Closing Date, (C) evidence satisfactory to it that all premiums in respect of the related date-down endorsement or title policy (or policies) and flood policy (or policies)have been paid, and all charges (D) to the extent required by applicable Law a standard flood hazard determination for mortgage recording taxeach Mortgaged Property, if any, have been paid provided that, such evidence shall only be required and with respect to any Mortgaged Property that is located in a special flood policy hazard area, evidence of flood insurance in form and substance reasonably satisfactory to the extent such additional coverage is required under applicable LawAdministrative Agent.

Appears in 1 contract

Sources: Credit Agreement (Sprague Resources LP)