Common use of Increase in the Aggregate Commitments Clause in Contracts

Increase in the Aggregate Commitments. (a) The Company may, at any time but in any event not more than once in any calendar year prior to the Termination Date, by notice to the Administrative Agent, request that the Aggregate Commitments be increased by an amount of at least $10,000,000 or an integral multiple of $5,000,000 in excess thereof (each a “Commitment Increase”) to be effective as of a date that is at least 90 days prior to the Termination Date (the “Increase Date”) as specified in the related notice to the Administrative Agent; provided, however that (i) in no event shall the Aggregate Commitments at any time exceed $750,000,000 and (ii) on the date of any request by the Company for a Commitment Increase and on the related Increase Date, (A) no Default has occurred and is continuing and (B) the representations and warranties contained in Article 4 are true and correct in all material respects on and as of such date as if made on and as of such date (except (i) where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date and (ii) any representation or warranty that is qualified as to materiality or “Material Adverse Effect” shall be true and correct in all respects).

Appears in 4 contracts

Sources: 364 Day Revolving Credit Agreement (Eaton Corp PLC), 364 Day Revolving Credit Agreement (Eaton Corp PLC), 364 Day Revolving Credit Agreement (Eaton Corp PLC)

Increase in the Aggregate Commitments. (a) The Company may, at any time but in any event not more than once in any calendar year prior to the Termination Date (including on the Effective Date), by notice to the Administrative Agent, request that the Aggregate aggregate amount of the Commitments be increased by an a minimum amount of at least $10,000,000 5,000,000 or an integral multiple of $5,000,000 1,000,000 in excess thereof (each a “Requested Commitment Increase”) ), in each case to be effective as of a date that is at least no later than 90 days prior to the Termination Date (any date on which the aggregate Commitments are increased pursuant to this Section 2.23, an “Increase Date”) as specified in the related notice to the Administrative Agent; provided, however that however, (i) that on and immediately following the Increase Date (A) in no event shall the Aggregate aggregate amount of the Commitments at any time exceed $750,000,000 and (ii) on the date of any request by the Company for a Commitment Increase and on the related Increase Date700,000,000, (A) no Default has occurred and is continuing and (B) the representations and warranties contained set forth in Article 4 are III hereof shall be true and correct in all material respects on and as of such the date of the Increase Date with the same effect as if though made on and as of such date (date, except (i) where to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date and (ii) any representation at the time of and immediately after giving effect to such Commitment Increase, no Event of Default or warranty that is qualified as Default shall have occurred and be continuing. Commitments may be increased pursuant to materiality or “Material Adverse Effect” shall be true and correct in all respects)this Section 2.23 no more than once.

Appears in 1 contract

Sources: Credit Agreement (Harsco Corp)

Increase in the Aggregate Commitments. (ai) The Company may, at any time but in any event not more than once in any calendar year prior to the Termination Date (including on the Effective Date), by notice to the Administrative Agent, request that the Aggregate aggregate amount of the Commitments be increased by an a minimum amount of at least $10,000,000 5,000,000 or an integral multiple of $5,000,000 1,000,000 in excess thereof (each a “Requested Commitment Increase”) ), in each case to be effective as of a date that is at least no later than 90 days prior to the Termination Date (any date on which the aggregate Commitments are increased pursuant to this Section 2.23, an “Increase Date”) as specified in the related notice to the Administrative Agent; provided, however that however, (i) that on and immediately following the Increase Date (A) in no event shall the Aggregate aggregate amount of the Commitments at any time exceed $750,000,000 and (ii) on the date of any request by the Company for a Commitment Increase and on the related Increase Date550,000,000, (A) no Default has occurred and is continuing and (B) the representations and warranties contained set forth in Article 4 are III hereof shall be true and correct in all material respects on and as of such the date of the Increase Date with the same effect as if though made on and as of such date (date, except (i) where to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date and (ii) any representation at the time of and immediately after giving effect to such Commitment Increase, no Event of Default or warranty that is qualified as Default shall have occurred and be continuing. Commitments may be increased pursuant to materiality or “Material Adverse Effect” shall be true and correct in all respects)this Section 2.23 no more than once.

Appears in 1 contract

Sources: Five Year Credit Agreement (Harsco Corp)

Increase in the Aggregate Commitments. (a) The Company may, at any time but in any event not more than once in any calendar year prior to the Termination Date, by notice to the Administrative Agent, request that the Aggregate Commitments be increased by an amount of at least $10,000,000 or an integral multiple of $5,000,000 in excess thereof (each a “Commitment Increase”) to be effective as of a date that is at least 90 days prior to the Termination Date (the “Increase Date”) as specified in the related notice to the Administrative Agent; provided, however that (i) in no event shall the Aggregate Commitments at any time exceed $750,000,000 3,250,000,000 and (ii) on the date of any request by the Company for a Commitment Increase and on the related Increase Date, (A) no Default has occurred and is continuing and (B) the representations and warranties contained in Article 4 are true and correct in all material respects on and as of such date as if made on and as of such date (except (i) where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date and (ii) any representation or warranty that is qualified as to materiality or “Material Adverse Effect” shall be true and correct in all respects).

Appears in 1 contract

Sources: Revolving Credit Agreement (Eaton Corp PLC)

Increase in the Aggregate Commitments. (a) The Company may, at any time but in any event not more than once in any calendar year prior to the Termination Date, by notice to the Administrative Agent, request that the Aggregate Commitments be increased by an amount of at least $10,000,000 or an integral multiple of $5,000,000 in excess thereof (each a “Commitment Increase”) to be effective as of a date that is at least 90 days prior to the Termination Date (the “Increase Date”) as specified in the related notice to the Administrative Agent; provided, however that (i) in no event shall the Aggregate Commitments at any time exceed $750,000,000 2,750,000,000 and (ii) on the date of any request by the Company for a Commitment Increase and on the related Increase Date, (A) no Default has occurred and is continuing and (B) the representations and warranties contained in Article 4 are true and correct in all material respects on and as of such date as if made on and as of such date (except (i) where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date and (ii) any representation or warranty that is qualified as to materiality or “Material Adverse Effect” shall be true and correct in all respects).

Appears in 1 contract

Sources: Revolving Credit Agreement (Eaton Corp PLC)