Increase in Total Commitment Sample Clauses
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Increase in Total Commitment. (a) The Company may from time to time, by written notice to the Administrative Agent (which shall deliver a copy thereof to each Lender), request that the Total Commitment be increased by an amount not to exceed the Incremental Facility Amount at such time. Such notice shall set forth the amount of the requested increase in the Total Commitment (which shall be an integral multiple of $10,000,000) and the date on which such increase is requested to become effective (which shall not be less than 10 Business Days or more than 60 days after the date of such notice), and shall offer to each Lender the opportunity to increase its Commitment by its Pro Rata Percentage of the proposed increased amount. Each Lender shall, by notice to the Company and the Administrative Agent given not more than 10 days after the date on which the Administrative Agent shall have delivered the Company’s notice, either agree to increase its Commitment by all or a portion of the offered amount (each Lender so agreeing being an “Increasing Lender”) or decline to increase its Commitment (and any Lender that does not deliver such notice within such period of 10 days shall be deemed to have declined to increase its Commitment) (each Lender so declining or being deemed to have declined being a “Non-Increasing Lender”). In the event that, on the 10th day after the Administrative Agent shall have delivered the Company’s notice, the Lenders shall have agreed pursuant to the preceding sentence to increase their Commitments by an aggregate amount less than the increase in the Total Commitment requested by the Company, the Company may arrange for one or more banks or other financial institutions (any such bank or other financial institution referred to in this clause (a) being called an “Augmenting Lender”), which may include any Lender, to extend Commitments or increase their existing Commitments in an aggregate amount equal to the unsubscribed amount; provided that each Augmenting Lender, if not already a Lender hereunder, shall be subject to the approval of the Administrative Agent and the Company and each Augmenting Lender shall execute all such documentation as the Administrative Agent shall specify to evidence its Commitment and/or its status as a Lender hereunder. Any increase in the Total Commitment may be made in an amount which is less than the increase requested by the Company if the Company is unable to arrange for, or chooses not to arrange for, Augmenting Lenders.
Increase in Total Commitment. (a) Provided that no Default or Event of Default has occurred and is continuing, subject to the terms and conditions set forth in this §2.11, the Borrower shall have the option at any time and from time to time prior to the applicable maturity date of such U.S. Dollar Revolving Credit Loans, Alternative Currency/Dollar Revolving Credit Loans, Term Loans A, Term Loans B or Term Loans C to request an increase in the Total U.S. Dollar Revolving Credit Commitment, Total Alternative Currency/Dollar Revolving Credit Commitment, the Total Term Loan A Commitment, the Total Term Loan B Commitment, and/or the Total Term Loan C Commitment, each in increments of $10,000,000.00 by an aggregate amount of increases to the Total U.S. Dollar Revolving Credit Commitment, Total Alternative Currency/Dollar Revolving Credit Commitment, the Total Term A Loan Commitment, Total Term Loan B Commitment and Total Term Loan C Commitment of up to $500,000,000.00 (the amount of the requested increase to be set forth in the Increase Notice) (which, assuming no previous reduction in the Revolving Credit Commitments or the Term Loan Commitments, would result in a maximum Total Commitment of $2,200,000,000.00), written notice to the Agent (an “Increase Notice”; and the amount of such requested increase is the “Commitment Increase”). The execution and delivery of the Increase Notice by the Borrower shall constitute a representation and warranty by the Borrower that all the conditions set forth in this §2.11 shall have been satisfied on the date of such Increase Notice. The Commitment Increase may be allocated (1) to the then existing U.S. Dollar Revolving Credit Commitments, (2) to the then existing Alternative Currency/Dollar Revolving Credit Commitments, (3) as a new revolving tranche having the same terms as the then existing Revolving Credit Commitments, (4) to the then existing Term Loan A Commitments having the same terms as the existing Term Loan A Commitments, (5) to the then existing Term Loan B Commitments having the same terms as the existing Term Loan B Commitments, (6) to the then existing Term Loan C Commitments having the same terms as the existing Term Loan C Commitments or (7) any combination thereof satisfactory to Agent and existing or additional U.S. Dollar Revolving Credit Lenders, Alternative Currency/Dollar Revolving Credit Lenders, Term Loan A Lenders, Term Loan B Lenders or Term Loan C Lenders, as applicable, providing such additional U.S. Dollar Revolving Credit Co...
Increase in Total Commitment. Provided that no Default or Event of Default has occurred and is continuing, subject to the terms and conditions set forth in this §2.11, Borrower shall have the option at any time and from time to time before the date which is ninety (90) days prior to the Revolving Credit Maturity Date or the Term Loan Maturity Date to request by delivery of written notice to Agent an increase in the Total Revolving Credit Commitment and/or the Total Term Loan Commitment, by an aggregate amount of increases to the Total Revolving Credit Commitment and the Total Term Loan Commitment of up to $300,000,000 (which, assuming no previous reduction in the Revolving Credit Commitments or the Term Loan Commitments, would result in a maximum Total Commitment of $900,000,000) (an “Increase Notice”; and the amount of such requested increase is the “Commitment Increase”). The Commitment Increase shall be set forth in the Increase Notice, and must be in a minimum amount of $25,000,000.00 and increments of $5,000,000.00 in excess thereof unless otherwise approved by Agent. The execution and delivery of the Increase Notice by Borrower shall constitute a representation and warranty by Borrower that all the conditions set forth in this §2.11 shall have been satisfied on the date of such Increase Notice. The Commitment Increase may be allocated, at Borrower’s option, to the then existing Revolving Credit Commitments, or to the then existing Term Loan Commitments, or any combination thereof.
Increase in Total Commitment. (a) The Borrowers, the Agent and any Lender or any other Person qualifying as an Eligible Assignee but for the absence of an assignment, or any combination of such Lenders and such Persons (collectively, “New Lenders”), may (in their sole discretion) enter into one or more amendment agreements substantially in the form of Exhibit G attached hereto and incorporated herein by reference without further approval of the Lenders (or any other New Lender) pursuant to which each New Lender agrees to incur or increase, as the case may be, its Commitment so as to make available to the Borrowers, subject to all conditions herein set forth, Loans in the maximum aggregate Euro Equivalent Amount (for all New Lenders) of up to €50,000,000 thereby increasing the Total Commitment to up to the Euro Equivalent Amount of €300,000,000; provided that
(i) each such increase shall be in an amount at least equal to €10,000,000 or an integral multiple of €5,000,000 in excess thereof;
(ii) the Borrowers shall execute and deliver to the Agent (A) board resolutions of each Borrower certified by its secretary or assistant secretary approving and adopting such Commitment increase and authorizing the execution and delivery of the instruments relating thereto, and (B) the legal opinions of the General Counsel of the Guarantor and special counsel to the Borrowers as to the due authorization, execution and delivery of such instruments, the enforceability thereof and no conflict thereof with the Organizational Documents, by-laws and material agreements of the Guarantor and the Borrowers or with any applicable laws, rules or regulations, all in form and substance substantially similar to such opinions delivered on the Closing Date in satisfaction of Section 5.1(a)(ii); and
(iii) no Default or Event of Default then exists or would arise as a result of any such increase.
(b) Upon the execution, delivery and acceptance of the documents required by this Section 2.3, each New Lender shall have all of the rights and obligations of a Lender under this Agreement. The Agent shall provide the Lenders with notice of the revised Total Commitment and the revised Applicable Commitment Percentages of the Lenders, including the New Lenders.
(c) Upon the effectiveness of an increase provided for in this Section 2.3, if any Loans are outstanding, the Borrowers shall at their option do one of the following:
(i) prepay to certain Lenders such amount of such Loans as may be then outstanding and borrow from certai...
Increase in Total Commitment. BankBoston hereby increases its Commitment to the amount shown on the revised Schedule 1.2 attached hereto. The Borrower shall execute and deliver to BankBoston a Note (the "Additional Note") in an amount equal to the difference between BankBoston's Commitment as shown on said revised Schedule 1.2 and the Note dated November 17, 1997 delivered to BankBoston at the time it became a party to the Credit Agreement. The second sentence of Section 2.3 is amended to read as follows: "One or more Notes shall be payable to the order of each Lender and the aggregate principal amount of the Notes held by each Lender shall be equal to such Lender's Commitment."
Increase in Total Commitment. The Company may request that the Banks increase the Total Commitment to up to $220,000,000 upon the giving at least ninety (90) days prior written notice to the Agent setting forth the amount of such increase (the "Increase Amount"). The Agent shall give each Bank prompt notice of the Increase Amount. Each Bank shall notify the Agent within thirty (30) days of receipt of such notice of the amount, if any, of the Increase Amount which it is willing to agree to lend. The Agent shall give the Company a statement summarizing the portion of the Increase Amount which each Bank has agreed to lend and the Company and the Agent shall determine within thirty (30) days the portion of the Increase Amount to be allocated to each Bank. The Company shall cause there to be executed and delivered to the Agent at or prior to the effective date of the increase in the Total Commitment new Notes representing such increase, together with such resolutions, opinions, certificates and other instruments as the Agent shall reasonably request, including a certificate of a Responsible Officer reaffirming as of the date of such increase all of the representations and warranties set forth in Section 3 hereof. Each Bank in its sole discretion shall determine whether to make available any portion of the Increase Amount, and nothing contained in this Section 2.08(c) shall be construed to require any increase by a Bank. Exhibit A shall be amended at the time of such increase to reflect the new Applicable Commitment Percentage of each Bank. Any fees payable by reason of the increase in the Total Commitment shall be due and payable on the date such increase becomes effective.
Increase in Total Commitment. In lines 9 and 10 of ss.2.1(a) of the Credit Agreement, the amount "Four Hundred and Seventy Million Dollars ($470,000,000)" is hereby deleted and the amount "Five Hundred Million Dollars ($500,000,000)" is substituted in place thereof.
Increase in Total Commitment. (a) At the request of the Borrowers, the Total Commitment may be increased in the sole discretion of the Lenders; provided that, without the prior written consent of the Required Lenders, the Total Commitment shall at no time exceed $200,000,000 minus the aggregate amount of all reductions in the Total Commitment under this Credit Agreement previously made pursuant to ss.2.3 or ss.
Increase in Total Commitment. The Borrower, the Guarantor and CIT agree that if one or more financial institutions, reasonably acceptable to the Borrower and CIT, agree in writing to become Lenders under this Agreement with an aggregate Commitment of not more than $20,000,000, the Borrower, the Guarantor and CIT will act in good faith to amend this Agreement to (i) add such financial institutions as Lenders under this Agreement, (ii) increase the Total Commitment by the amount of the aggregate Commitments of such financial institutions, and (iii) make such other amendments deemed necessary or advisable by CIT to effect the amendments described in clauses (i) and (ii) above. As a condition to any increase in the Total Commitment, the Borrower and the Guarantor shall execute such additional instruments, documents and agreements as the Agent shall reasonably request. Nothing contained herein shall be interpreted to require any increase in the Total Commitment unless the conditions described in this Section have been satisfied in full to the satisfaction of CIT.
Increase in Total Commitment. (a) So long as the Incremental Loan Commitment Requirements are satisfied at the time of the delivery of the request referred to below, the Borrower shall have the right at any time and from time to time upon at least five (5) Business Days' prior written notice to the Agent, to increase the amount of the Total Commitment to an amount in no event to exceed $100,000,000, either by new Lenders establishing Commitments, or by one or more of the then existing Lenders increasing their Commitments (each such increase by either means, a "Commitment Increase," and each such new Lender or Lender increasing its Commitment, an "Additional Commitment Lender"), provided, however, that (i) no Lender shall be obligated to provide a Commitment Increase as a result of any such request by the Borrower, (ii) any new Lender must qualify as an Eligible Assignee and shall be subject to the approval of the Agent, which approval shall not unreasonably be withheld, and (iii) without the consent of the Agent and all of the Lenders, at no time shall there be more than four (4)