Common use of Increase in the Commitment Clause in Contracts

Increase in the Commitment. 3.1 The Borrower may by giving not less than 30 days prior written notice to the Lender request that the Commitment be increased and subject to the provisions of this Clause 3 (Increase in the Commitment), the Commitment shall be increased as follows: 3.1.1 the increased Commitment will be assumed by the Lender confirming in writing by way of a Commitment Increase Confirmation its willingness to increase the Commitment; 3.1.2 the Borrower and the Lender shall assume obligations towards one another and/or acquire rights against one another as the Borrower and the Lender would have assumed and/or acquired had the Lender made the increased Commitment available on the date of this Agreement; and 3.1.3 any increase in the Commitment shall, subject to the conditions set out in Clauses 3.3 to 3.9, take effect on the date specified by the Lender in the duly completed Commitment Increase Confirmation delivered by the Lender to the Borrower (the Increase Effective Date). 3.2 The Borrower may only deliver a notice in terms of Clause 3.1 during the period commencing on the Closing Date and ending on the date falling six months prior to the Maturity Date (such period being the Relevant Period). 3.3 If any conditions are attached to the increase of the Commitment, then the Lender shall notify the Borrower in writing of each such condition and the Borrower shall prior to the Increase Effective Date deliver all relevant documentation and other evidence requested by the Lender (each in form and substance satisfactory to the Lender) including any documents and/or information that may be necessary for the Lender to complete any "know your customer" or other similar checks under all applicable laws and regulations in relation to the assumption of the increased Commitment by the Lender. 3.4 The Lender is under no obligation to agree to any increase of the Commitment and any increase of the Commitment will be made in the Lender's sole discretion and subject to the Lender's internal credit approvals. 3.5 The amount of each requested increase to the Commitment must be an amount which is not less than ZAR50,000,000. 3.6 The aggregate amount of all increases to the Commitment made pursuant to this Clause 3 (Increase in the Commitment) shall not exceed ZAR100,000,000. 3.7 The Borrower may only deliver 2 increase requests during the Relevant Period. 3.8 No increase of the Commitment shall take effect unless and until the fee referred to in Clause 11.2 (Commitment Increase Fee) has been paid in full. 3.9 The Borrower shall promptly on demand pay the Lender the amount of all costs and expenses (including legal fees) reasonably incurred by the Lender in connection with any increase in the Commitment under this Clause 3 (Increase in the Commitment).

Increase in the Commitment. 3.1 The Borrower may by giving not less than may, at its option, at any time after the 90th day after the Effective Date, on a single occasion during each fiscal year, seek to increase the Commitment up to a maximum Commitment amount of $600,000,000 upon at least 30 days prior (but not more than 45 days) written notice to the Lender request that Agent, which notice shall specify the amount of any such increase and shall be delivered at a time when (x) no Default or Event of Default has occurred and is continuing and (y) no previous reduction to the Commitment be increased and subject to the provisions of this Clause 3 (Increase in the Commitment), the Commitment shall be increased as follows: 3.1.1 the increased Commitment will be assumed has been requested by the Lender confirming in writing by way of a Commitment Increase Confirmation its willingness Borrower pursuant to increase Section 2.07 (a) The Borrower shall, after giving such notice, offer the Commitment; 3.1.2 the Borrower and the Lender shall assume obligations towards one another and/or acquire rights against one another as the Borrower and the Lender would have assumed and/or acquired had the Lender made the increased Commitment available on the date of this Agreement; and 3.1.3 any increase in the Commitment shall, subject (A) (i) first on a pro-rata basis to the conditions set out Lenders, which Lenders may in Clauses 3.3 their individual sole discretion decline such offer, and (ii) then on a non pro-rata basis to 3.9, take effect on the date specified by the Lender in the duly completed Commitment Increase Confirmation delivered by the Lender Lenders and/or (B) to other banks or entities acceptable to the Borrower (Agent and the Increase Effective Date). 3.2 The Borrower may only deliver a notice in terms of Clause 3.1 during Company, provided that the period commencing on the Closing Date and ending on the date falling six months prior to the Maturity Date (such period being the Relevant Period). 3.3 If any conditions are attached to the increase of the Commitment, then the Lender shall notify the Borrower in writing minimum final allocated Commitment of each such condition and the Borrower shall prior to the Increase Effective Date deliver all relevant documentation and other evidence requested by the Lender (each in form and substance satisfactory to the Lender) including any documents and/or information that may be necessary for the Lender to complete any "know your customer" bank or other similar checks under all applicable laws and regulations entity is equal to or in relation to the assumption excess of the increased Commitment by the Lender. 3.4 The Lender is under no obligation to agree to any increase of the Commitment and any increase of the Commitment will be made in the Lender's sole discretion and subject to the Lender's internal credit approvals. 3.5 The amount of each requested increase to the Commitment must be an amount which is not less than ZAR50,000,000. 3.6 The aggregate amount of all increases to the Commitment made pursuant to this Clause 3 (Increase in the Commitment) shall not exceed ZAR100,000,000. 3.7 The Borrower may only deliver 2 increase requests during the Relevant Period. 3.8 $10,000,000. No increase of the Commitment shall take effect unless and until the fee referred to in Clause 11.2 (Commitment Increase Fee) has been paid in full. 3.9 The Borrower shall promptly on demand pay the Lender the amount of all costs and expenses (including legal fees) reasonably incurred by the Lender in connection with any increase in the Commitment shall become effective until the existing or new Lender extending such incremental commitment amount shall have delivered to the Agent a writing in form reasonably satisfactory to the Agent pursuant to which such existing Lender states the amount of its Commitment increase and any such new Lender states its Commitment amount and agrees to assume and accept the obligation and rights of a Lender hereunder. The Lenders (new or existing) shall accept an assignment from the existing Lenders of an interest in each then outstanding A Advance such that, after giving effect thereto, all A Advances are held ratably by the Lenders in proportion to their respective Commitments. The Company shall make any payments under Section 8.04(b) resulting from such assignments. The minimum amount by which the Commitments may be increased on any one occasion under this Clause 3 (Increase in Section 2.07(b) is $50,000,000, and the CommitmentCommitments may not be increased to more than $600,000,000 pursuant to this Section 2.07(b).

Increase in the Commitment. 3.1 The Borrower may by giving not less than may, at its option, at any time after the 90th day after the Effective Date, on a single occasion during each fiscal year, seek to increase the Commitment up to a maximum Commitment amount of $600,000,000 upon at least 30 days prior (but not more than 45 days) written notice to the Lender request that Agent, which notice shall specify the amount of any such increase and shall be delivered at a time when (x) no Default or Event of Default has occurred and is continuing and (y) no previous reduction to the Commitment be increased and subject to the provisions of this Clause 3 (Increase in the Commitment), the Commitment shall be increased as follows: 3.1.1 the increased Commitment will be assumed has been requested by the Lender confirming in writing by way of a Commitment Increase Confirmation its willingness Borrower pursuant to increase Section 2.07 (a) The Borrower shall, after giving such notice, offer the Commitment; 3.1.2 the Borrower and the Lender shall assume obligations towards one another and/or acquire rights against one another as the Borrower and the Lender would have assumed and/or acquired had the Lender made the increased Commitment available on the date of this Agreement; and 3.1.3 any increase in the Commitment shall, subject (i) first on a pro-rata basis to the conditions set out Lenders, which Lenders may in Clauses 3.3 their individual sole discretion decline such offer, and (ii) then (A) on a non pro-rata basis to 3.9, take effect on the date specified by the Lender in the duly completed Commitment Increase Confirmation delivered by the Lender Lenders and/or (B) to other banks or entities acceptable to the Borrower (Agent and the Increase Effective Date). 3.2 The Borrower may only deliver a notice in terms of Clause 3.1 during Company, provided that the period commencing on the Closing Date and ending on the date falling six months prior to the Maturity Date (such period being the Relevant Period). 3.3 If any conditions are attached to the increase of the Commitment, then the Lender shall notify the Borrower in writing minimum final allocated Commitment of each such condition and the Borrower shall prior to the Increase Effective Date deliver all relevant documentation and other evidence requested by the Lender (each in form and substance satisfactory to the Lender) including any documents and/or information that may be necessary for the Lender to complete any "know your customer" bank or other similar checks under all applicable laws and regulations entity is equal to or in relation to the assumption excess of the increased Commitment by the Lender. 3.4 The Lender is under no obligation to agree to any increase of the Commitment and any increase of the Commitment will be made in the Lender's sole discretion and subject to the Lender's internal credit approvals. 3.5 The amount of each requested increase to the Commitment must be an amount which is not less than ZAR50,000,000. 3.6 The aggregate amount of all increases to the Commitment made pursuant to this Clause 3 (Increase in the Commitment) shall not exceed ZAR100,000,000. 3.7 The Borrower may only deliver 2 increase requests during the Relevant Period. 3.8 $10,000,000. No increase of the Commitment shall take effect unless and until the fee referred to in Clause 11.2 (Commitment Increase Fee) has been paid in full. 3.9 The Borrower shall promptly on demand pay the Lender the amount of all costs and expenses (including legal fees) reasonably incurred by the Lender in connection with any increase in the Commitment shall become effective until the existing or new Lender extending such incremental commitment amount shall have delivered to the Agent a writing in form reasonably satisfactory to the Agent pursuant to which such existing Lender states the amount of its Commitment increase and any such new Lender states its Commitment amount and agrees to assume and accept the obligation and rights of a Lender hereunder. The Lenders (new or existing) shall accept an assignment from the existing Lenders of an interest in each then outstanding A Advance such that, after giving effect thereto, all A Advances are held ratably by the Lenders in proportion to their respective Commitments. The Company shall make any payments under Section 8.04(b) resulting from such assignments. The minimum amount by which the Commitments may be increased on any one occasion under this Clause 3 (Increase in Section 2.07(b) is $50,000,000, and the CommitmentCommitments may not be increased to more than $600,000,000 pursuant to this Section 2.07(b).