Common use of Increase in Term Commitments Clause in Contracts

Increase in Term Commitments. (a) The Borrower from time to time may, by written notice to the Administrative Agent, request Incremental Term Commitments in an amount not to exceed the Incremental Term Amount from Lenders or other Persons reasonably acceptable to the Administrative Agent willing to provide such Incremental Term Commitments. The notice shall set forth (i) the amount of the Incremental Term Commitments being requested (which shall be in minimum increments of $1,000,000 and a minimum amount of $20,000,000 or equal to the remaining Incremental Term Amount), (ii) the date on which such Incremental Term Commitments are requested to be made, (iii) any requested differences between the Incremental Term Loans and the existing Term Loans (which shall not be effective until set forth in an executed Incremental Commitment Agreement), provided, that in any event (A) the Weighted Average Life to Maturity of all Incremental Term Loans shall be no shorter than the Weighted Average Life to Maturity of the Initial Term Loans at the time of the borrowing of such Incremental Term Loan, and (B) the maturity date of any Incremental Term Loans shall be no shorter than the final maturity of the Initial Term Loans, and (iv) whether such Incremental Term Loans are to have the same interest rate margin as the Initial Term Loans or whether such Incremental Term Loans are to have a different interest rate margin than the Initial Term Loans (“Other Term Loans”). All Incremental Term Loans (including Other Term Loans) shall be made on substantially identical terms as the Initial Term Loans, except as set forth in any applicable Incremental Commitment Agreement, and, in the case of Other Term Loans, with respect to the interest rate margin applicable thereto. No Agent or Lender shall be obligated to deliver or fund any Incremental Term Commitment.

Increase in Term Commitments. (a) The Borrower from time to time may, by written Upon notice to the Administrative AgentAgent (which shall promptly notify the Lenders), at any time after the Closing Date, the Borrower may on up to three (3) different occasions request Incremental additional Term Commitments; provided that (i) after giving effect to any such addition, the aggregate amount of additional Term Commitments that have been added pursuant to this Section 2.14 shall not exceed $200,000,000, (ii) any such addition shall be in an aggregate amount of $50,000,000 or any whole multiple of $1,000,000 in excess thereof and (iii) the interest rate spread applicable to any loans made in respect of the additional Term Commitments (the "Additional Term Loans") shall not be greater than the Applicable Margin that may, under any circumstances, be payable with respect to exceed the Incremental Term Amount Loans that are made on the Closing Date plus 0.25% per annum (and, if necessary to comply with such requirement, the Applicable Margin applicable to the Term Loans made on the Closing Date shall be automatically increased, effective as of the date any Additional Term Loans are made, so that such Applicable Margin shall be no more than 0.25% per annum lower than the interest rate spread applicable to such Additional Term Loans and the Administrative Agent and the Borrower shall enter into such amendments hereto as shall be appropriate to reflect such increase). At the time of the sending of such notice, the Borrower (in consultation with the Administrative Agent) shall specify the time period within which each Lender is requested to respond (which shall in no event be less than ten (10) Business Days from the date of delivery of such notice to the Lenders). Each Lender shall notify the Administrative Agent within such time period whether or not it agrees to provide an additional Term Commitment and, if so, whether by an amount equal to, greater than, or less than its pro rata share of such requested increase (which shall be calculated on the basis of the amount of the funded and unfunded exposure under all the Facilities held by each Lender). Any Lender not responding within such time period shall be deemed to have declined to provide an additional Term Commitment. The Administrative Agent shall notify the Borrower and each Lender of the Lenders' responses to each request made hereunder. To achieve the full amount of a requested increase, the Borrower may also invite additional Eligible Assignees to become Term Lenders or other Persons pursuant to a joinder agreement in form and substance reasonably acceptable satisfactory to the Administrative Agent willing to provide such Incremental Term Commitments. The notice shall set forth (i) the amount of the Incremental Term Commitments being requested (which shall be in minimum increments of $1,000,000 and a minimum amount of $20,000,000 or equal to the remaining Incremental Term Amount), (ii) the date on which such Incremental Term Commitments are requested to be made, (iii) any requested differences between the Incremental Term Loans and the existing Term Loans (which shall not be effective until set forth in an executed Incremental Commitment Agreement), provided, that in any event (A) the Weighted Average Life to Maturity of all Incremental Term Loans shall be no shorter than the Weighted Average Life to Maturity of the Initial Term Loans at the time of the borrowing of such Incremental Term Loan, and (B) the maturity date of any Incremental Term Loans shall be no shorter than the final maturity of the Initial Term Loans, and (iv) whether such Incremental Term Loans are to have the same interest rate margin as the Initial Term Loans or whether such Incremental Term Loans are to have a different interest rate margin than the Initial Term Loans (“Other Term Loans”). All Incremental Term Loans (including Other Term Loans) shall be made on substantially identical terms as the Initial Term Loans, except as set forth in any applicable Incremental Commitment Agreement, and, in the case of Other Term Loans, with respect to the interest rate margin applicable thereto. No Agent or Lender shall be obligated to deliver or fund any Incremental Term Commitmentits counsel.

Increase in Term Commitments. At any time prior to the Term Loan Facility Commitment Termination Date, the Borrower may effectuate a single increase in the aggregate Term Commitments (a) The Borrower from time to time maysuch increase being a "Term Loan Facility Increase"), by written notice designating either one or more of the existing Term Lenders (each of which, in its sole discretion, may determine whether and to the Administrative Agent, request Incremental what degree to participate in such Term Commitments in an amount not to exceed the Incremental Term Amount from Lenders Loan Facility Increase) or one or more other banks or other Persons financial institutions (reasonably acceptable to the Administrative Agent willing to provide such Incremental Term Commitments. The notice shall set forth (iAgent) the amount of the Incremental Term Commitments being requested (which shall be in minimum increments of $1,000,000 and a minimum amount of $20,000,000 or equal to the remaining Incremental Term Amount), (ii) the date on which such Incremental Term Commitments are requested to be made, (iii) any requested differences between the Incremental Term Loans and the existing Term Loans (which shall not be effective until set forth in an executed Incremental Commitment Agreement), provided, that in any event (A) the Weighted Average Life to Maturity of all Incremental Term Loans shall be no shorter than the Weighted Average Life to Maturity of the Initial Term Loans at the time of agree, in the borrowing of such Incremental Term Loan, and (B) the maturity date case of any Incremental such bank or financial institution that is an existing Term Loans Lender to increase its Term Commitment as such Lender shall be no shorter than the final maturity of the Initial so select (an "Increasing Term Loans, and (ivLender") whether such Incremental Term Loans are to have the same interest rate margin as the Initial Term Loans or whether such Incremental Term Loans are to have a different interest rate margin than the Initial Term Loans (“Other Term Loans”). All Incremental Term Loans (including Other Term Loans) shall be made on substantially identical terms as the Initial Term Loans, except as set forth in any applicable Incremental Commitment Agreement, and, in the case of Other any other such bank or financial institution (an "Additional Term LoansLender"), with respect to become a party to this Agreement; provided, however, that (A) the Term Loan Facility Increase shall be at least $25,000,000, (B) the aggregate amount of all Term Loan Facility Increases shall not exceed $50,000,000, and (C) except as otherwise provided below, all Term Commitments and Term Advances provided pursuant to a Term Loan Facility Increase shall be available on the same terms as those applicable to the interest rate margin applicable theretoexisting Term Commitments and Term Advances. No The sum of the increases in the Term Commitments of the Increasing Term Lenders plus the Term Commitments of the Additional Term Lenders upon giving effect to a Term Loan Facility Increase shall not, in the aggregate, exceed the amount of such Term Loan Facility Increase. The Borrower shall provide prompt notice of any proposed Term Loan Facility Increase pursuant to this clause (d)(ii) to the Administrative Agent and the Lenders. This Section 2.1(d)(ii) shall not be construed to create any obligation on any of the Administrative Agent or Lender shall be obligated any of the Lenders to deliver advance or fund to commit to advance any Incremental Term Commitmentcredit to the Borrower or to arrange for any other Person to advance or to commit to advance any credit to the Borrower.