Common use of Increase in Total Commitment Clause in Contracts

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. The Company may request that the Banks increase the Total Commitment to up to $220,000,000 upon the giving At any time (but at least ninety (90) 60 days prior to the Maturity Date), the Borrower shall have the right, upon written notice to the Agent setting forth the amount of such increase (the "Increase Amount"). The Agent shall give each Bank prompt notice and satisfaction of the Increase Amount. Each Bank shall notify the Agent within thirty (30) days of receipt of such notice Conditions and without obtaining further consent of the amountLenders, to cause the Total Commitment to increase by an amount not at any time exceeding $50,000,000 (the “Increase”), in which event Schedule 2 will be deemed to be amended to reflect the increased Commitment of each Lender, if any, that has agreed in writing to an increase and to add any third party financial institution that may have become a party to, and a “Lender” under, this Agreement in connection with the Increase (and the Agent is hereby authorized to effect such amendment on behalf of the Lenders and the Borrower, together with other conforming amendments); provided, however, that it shall be a condition precedent to the effectiveness of the Increase Amount which it is willing to agree to lend. The Agent shall give the Company a statement summarizing the portion of that the Increase Amount which each Bank has agreed to lend and Conditions shall have been satisfied. In the Company and the Agent shall determine within thirty (30) days the portion of event that the Increase Amount to be allocated to each Bank. The Company shall cause there to be executed and delivered results in any change to the Agent at or prior to Commitment Percentage of any Lender, then on the effective date of the increase such Increase in the Total Commitment (i) any new Notes representing such increaseLender, together with such resolutionsand any existing Lender whose Commitment has increased, opinions, certificates and other instruments as shall pay to the Agent shall reasonably request, including a certificate of a Responsible Officer reaffirming such amounts as are necessary to fund its new or increased Commitment Percentage of the Term Loan, and (ii) if the effective 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 occurs on a date other than the last day of an Interest Period applicable to any outstanding Libor Rate Loan, the Borrower will be responsible for Libor Breakage Costs and any other amounts payable pursuant to §4.8 on account of the payments made pursuant to clause (ii) above. No Lender shall be due and payable on have any obligation to increase its Commitment in connection with the date such increase becomes effectiveIncrease.