Common use of Increase Effective Date Clause in Contracts

Increase Effective Date. (i) If an Incremental Commitment is provided in accordance with this Section, the Administrative Agent and the Borrower shall determine the effective date (the “Incremental Effective Date”) and the final allocation of such Incremental Commitment. The Administrative Agent shall promptly notify the Borrower and the Lenders and the New Lenders, as applicable, of the final allocation of such Incremental Commitment and the Incremental Effective Date. (ii) Each Revolving Lender (including any New Lenders) that is increasing its Revolving Commitment or providing an Incremental Commitment on the Incremental Effective Date shall make a Revolving Loan, the proceeds of which will be used to prepay the Revolving Loans of the other Revolving Lenders on such Incremental Effective Date, so that, after giving effect thereto, the Revolving Loans outstanding are held by the Revolving Lenders pro rata based on their Revolving Commitments after giving effect to such Incremental Effective Date (and in connection therewith the Borrower shall pay any additional amounts required pursuant to Section 3.05). If there is a new borrowing of Revolving Loans on such Incremental Effective Date, the Revolving Lenders after giving effect to such Incremental Effective Date shall make such Revolving Loans in accordance with Section 2.01. (iii) [Reserved] (iv) The Loans and Commitments established pursuant to this paragraph shall constitute Loans and Commitments hereunder, and shall be entitled to all the benefits afforded by, this Agreement and the other Loan Documents, and shall, without limiting the foregoing, benefit equally and ratably from the Guarantees and security interests created by the Collateral Documents. The Loan Parties shall take any actions reasonably required by the Administrative Agent to ensure and/or demonstrate that the Lien and security interests granted by the Collateral Documents continue to be perfected under the UCC or otherwise after giving effect to the establishment of any such Incremental Commitments. (v) Notwithstanding the foregoing, any Incremental Term Loans may be treated as part of the same class as any other Existing Term Loans if such Incremental Term Loans are fungible for United States federal income tax purposes with such other Existing Term Loans.

Increase Effective Date. (i) If an Incremental Commitment is provided in accordance with this Section, the 1.1.41.1. Administrative Agent and the Borrower shall determine the effective date for an Incremental Term Loan Facility or Revolving Commitment Increase pursuant to this Section 2.9 (the an “Incremental Increase Effective Date”) and and, if applicable, the final allocation of such Incremental CommitmentCommitments among the Persons providing such Incremental Term Loan Facility or Revolving Commitment Increase; provided that such date shall be a Business Day at least ten (10) Business Days after delivery of the request for such Incremental Term Loan Facility or Revolving Commitment Increase (unless otherwise approved by the Administrative Agent) and at least thirty (30) days prior to the Maturity Date. 1.1.41.2. The In order to effect such Incremental Term Loan Facility or Revolving Commitment Increase, Borrower, the applicable Incremental Lender(s) and Administrative Agent (but no other Lenders or Persons) shall promptly notify the enter into one or more joinder agreements or incremental amendments, each in form and substance satisfactory to Borrower and Administrative Agent, pursuant to which the Lenders applicable Incremental Lender(s) will provide the applicable Incremental Commitment(s). 1.1.41.3. Effective as of the applicable Increase Effective Date, subject to the terms and conditions set forth in this Section 2.9, (A) each Incremental Term Loan Commitment shall be a Term Loan Commitment hereunder and each Revolving Commitment Increase shall be a Revolving Credit Commitment hereunder and, in each case, Schedule 2.01 shall be updated accordingly to reflect such Incremental Commitment, each Incremental Lender providing such Incremental Commitment shall be, and have all the New Lendersrights of, a Lender and a Term Loan Lender or Revolving Credit Lender, as applicable, of the final allocation of such Incremental Commitment and the Incremental Effective Date. (ii) Each Revolving Lender (including any New Lenders) that is increasing its Revolving Commitment or providing an Incremental Commitment Credit Extensions made by it on the Incremental such Increase Effective Date shall make a Revolving Loan, the proceeds of which will be used to prepay the Revolving Loans of the other Revolving Lenders on such Incremental Effective Date, so that, after giving effect thereto, the Revolving Loans outstanding are held by the Revolving Lenders pro rata based on their Revolving Commitments after giving effect to such Incremental Effective Date (and in connection therewith the Borrower shall pay any additional amounts required pursuant to Section 3.05). If there is a new borrowing of Revolving Loans on such Incremental Effective Date, the Revolving Lenders after giving effect to such Incremental Effective Date shall make such Revolving Loans in accordance with Section 2.01. (iii) [Reserved] (iv) The Loans and Commitments established pursuant to this paragraph shall constitute Loans and Commitments hereunder, and Section 2.9 shall be entitled to Term Loans, Revolving Credit Loans or Letters of Credit, as applicable, for all the benefits afforded by, purposes of this Agreement and (B) The amount of the other Loan Documents, and shall, without limiting installments due on the foregoing, benefit equally and ratably from the Guarantees and security interests created Term Loans as set forth in Section 2.7(b) shall be increased by the Collateral Documents. The Loan Parties shall take any actions reasonably required by the Administrative Agent to ensure and/or demonstrate that (but without the Lien and security interests granted by the Collateral Documents continue to be perfected under the UCC or otherwise after giving effect to the establishment consent of any Lender) on a pro rata basis to reflect such Incremental Commitmentsincrease. (v) Notwithstanding the foregoing, any Incremental Term Loans may be treated as part of the same class as any other Existing Term Loans if such Incremental Term Loans are fungible for United States federal income tax purposes with such other Existing Term Loans.

Increase Effective Date. The Increase Effective Date shall occur on the date that each of the following conditions is satisfied (or waived in accordance with Section 9.02): (a) The Increase Effective Date Acquisition shall have been consummated in all material respects in accordance with the terms of the Merger Agreement. (b) The Target Debt Repayment shall have occurred. (c) The Successor Borrower shall have delivered a Borrower Accession Agreement, and (i) If solely to the extent that Nationstar Mortgage Holdings, Inc., the Target or any of the Target’s other subsidiaries (each, a “Target Obligor”) is an Incremental Commitment obligor under any of the Specified Target Notes or any refinancing Indebtedness in respect thereof that will remain outstanding following the Increase Effective Date, such Target Obligors shall have delivered a Guarantor Supplement and (ii) solely to the extent that Redfin Corporation is provided obligor under any of the Borrower’s senior debt securities as of the Increase Effective Date, Redfin Corporation shall have delivered a Guarantor Supplement, together with, in accordance with this Section, each case: (i) a favorable written opinion (addressed to the Administrative Agent and the Lenders and dated the Increase Effective Date) of ▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP, counsel for the Borrower, in form and substance acceptable to the Administrative Agent and covering matters relating to such Successor Borrower and Guarantors as are reasonably requested by the Administrative Agent; (ii) the Administrative Agent shall have received such documents and certificates as the Administrative Agent or its counsel may reasonably request relating to the organization, existence and good standing of the Successor Borrower and such Guarantors, and the authorization of this Agreement and the Transactions, all in form and substance reasonably satisfactory to the Administrative Agent and its counsel; and (iii) (A) the Administrative Agent shall have received, at least five days prior to the Increase Effective Date, all documentation and other information regarding the Loan Parties requested in connection with applicable “know your customer” and anti-money laundering rules and regulations, including the Patriot Act, to the extent requested in writing of the Borrower at least 15 Business Days prior to the Increase Effective Date and (B) to the extent the Successor Borrower qualifies as a “legal entity customer” under the Beneficial Ownership Regulation, at least five days prior to the Increase Effective Date, any Lender that has requested, in a written notice to the Borrower at least 15 Business Days prior to the Increase Effective Date, |US-DOCS\158634325.10|| a Beneficial Ownership Certification in relation to the Successor Borrower shall determine have received such Beneficial Ownership Certification. (d) Since the effective date Merger Agreement Signing Date, there shall not have occurred and be continuing a Maverick Material Adverse Effect (as defined in the “Incremental Merger Agreement as of the Merger Agreement Signing Date). (e) The Administrative Agent, the Arrangers and the Lenders shall have received all fees and other amounts due and payable on or prior to the Increase Effective Date”) , including, to the extent invoiced, reimbursement or payment of all out of pocket expenses and fees of counsel to the Administrative Agent, the Arrangers and the final allocation of such Incremental Commitment. Lenders required to be reimbursed or paid by the Borrower. (f) The Administrative Agent shall promptly notify have received a certificate, dated the Borrower Increase Effective Date and signed by the Lenders and the New Lenders, as applicable, president or a Financial Officer of the final allocation of such Incremental Commitment Borrower, confirming compliance with the conditions set forth in paragraphs (a) and the Incremental Effective Date. (ii) Each Revolving Lender (including any New Lenders) that is increasing its Revolving Commitment or providing an Incremental Commitment on the Incremental Effective Date shall make a Revolving Loan, the proceeds of which will be used to prepay the Revolving Loans of the other Revolving Lenders on such Incremental Effective Date, so that, after giving effect thereto, the Revolving Loans outstanding are held by the Revolving Lenders pro rata based on their Revolving Commitments after giving effect to such Incremental Effective Date (and in connection therewith the Borrower shall pay any additional amounts required pursuant to Section 3.05b). If there is a new borrowing of Revolving Loans on such Incremental Effective Date, the Revolving Lenders after giving effect to such Incremental Effective Date shall make such Revolving Loans in accordance with Section 2.01. (iii) [Reserved] (iv) The Loans and Commitments established pursuant to this paragraph shall constitute Loans and Commitments hereunder, and shall be entitled to all the benefits afforded by, this Agreement and the other Loan Documents, and shall, without limiting the foregoing, benefit equally and ratably from the Guarantees and security interests created by the Collateral Documents. The Loan Parties shall take any actions reasonably required by the Administrative Agent to ensure and/or demonstrate that the Lien and security interests granted by the Collateral Documents continue to be perfected under the UCC or otherwise after giving effect to the establishment of any such Incremental Commitments. (v) Notwithstanding the foregoing, any Incremental Term Loans may be treated as part of the same class as any other Existing Term Loans if such Incremental Term Loans are fungible for United States federal income tax purposes with such other Existing Term Loans.

Increase Effective Date. (i) If an Incremental Commitment is provided in accordance with this Section, the Administrative Agent and the Borrower shall determine the effective date for an Incremental Term Loan Facility or Revolving Commitment Increase pursuant to this Section 2.9 (the an “Incremental Increase Effective Date”) and and, if applicable, the final allocation of such Incremental Commitment. The Administrative Agent Commitments among the Persons providing such Incremental Term Loan Facility or Revolving Commitment Increase; provided that such date shall promptly notify the Borrower and the Lenders and the New Lenders, as applicable, be a Business Day at least ten (10) Business Days after delivery of the final allocation of request for such Incremental Term Loan Facility or Revolving Commitment Increase (unless otherwise approved by the Administrative Agent) and at least thirty (30) days prior to the Incremental Effective Maturity Date.. [BGSF] Amended and Restated Credit Agreement (ii) Each Revolving Lender (including any New Lenders) that is increasing its In order to effect such Incremental Term Loan Facility or Revolving Commitment or providing an Incremental Commitment on the Incremental Effective Date shall make a Revolving LoanIncrease, Borrower, the proceeds of which will be used applicable Incremental Lender(s) and Administrative Agent (but no other Lenders or Persons) shall enter into one or more joinder agreements or incremental amendments, each in form and substance satisfactory to prepay the Revolving Loans of the other Revolving Lenders on such Incremental Effective DateBorrower and Administrative Agent, so that, after giving effect thereto, the Revolving Loans outstanding are held by the Revolving Lenders pro rata based on their Revolving Commitments after giving effect to such Incremental Effective Date (and in connection therewith the Borrower shall pay any additional amounts required pursuant to Section 3.05which the applicable Incremental Lender(s) will provide the applicable Incremental Commitment(s). If there is a new borrowing of Revolving Loans on such Incremental Effective Date, the Revolving Lenders after giving effect to such Incremental Effective Date shall make such Revolving Loans in accordance with Section 2.01. (iii) [Reserved] Effective as of the applicable Increase Effective Date, subject to the terms and conditions set forth in this Section 2.9, (ivA) The Loans each Incremental Term Loan Commitment shall be a Term Loan Commitment hereunder and Commitments established each Revolving Commitment Increase shall be a Revolving Credit Commitment hereunder and, in each case, Schedule 2.01 shall be updated accordingly to reflect such Incremental Commitment, each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender and a Term Loan Lender or Revolving Credit Lender, as applicable, and the Credit Extensions made by it on such Increase Effective Date pursuant to this paragraph shall constitute Loans and Commitments hereunder, and Section 2.9 shall be entitled to Term Loans, Revolving Credit Loans or Letters of Credit, as applicable, for all the benefits afforded by, purposes of this Agreement and (B) The amount of the other Loan Documents, and shall, without limiting installments due on the foregoing, benefit equally and ratably from the Guarantees and security interests created Term Loans as set forth in Section 2.7(b) shall be increased by the Collateral Documents. The Loan Parties shall take any actions reasonably required by the Administrative Agent to ensure and/or demonstrate that (but without the Lien and security interests granted by the Collateral Documents continue to be perfected under the UCC or otherwise after giving effect to the establishment consent of any Lender) on a pro rata basis to reflect such Incremental Commitmentsincrease. (v) Notwithstanding the foregoing, any Incremental Term Loans may be treated as part of the same class as any other Existing Term Loans if such Incremental Term Loans are fungible for United States federal income tax purposes with such other Existing Term Loans.