Common use of Increase in Total Commitment Clause in Contracts

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) Provided that no Default or Event of Default has occurred and is continuing, subject to the terms and conditions set forth in this §2.112.10, the Borrower shall have the option at any time and from time to time before the date which that is ninety six (906) days prior to months after the Revolving Credit Maturity Date or the Term Loan Maturity Closing 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, to not more than $40,000,000.00 by an aggregate amount of increases giving written notice 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) Agent (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 provided that any such individual increase must be in a minimum amount of $25,000,000.00 1,000,000.00 and increments there shall be no more than two (2) individual increases. Each Commitment Increase shall be applied to activate the Inactive Amount, which subject to the terms hereof shall be activated and become a part of $5,000,000.00 the KeyBank Commitment. (b) On the effective date of the Commitment Increase (the “Commitment Increase Date”) the outstanding principal balance of the Loans shall be reallocated among the Lenders such that after the applicable Commitment Increase Date the outstanding principal amount of Loans owed to each Lender shall be equal to such Lender’s Commitment Percentage (as in excess thereof unless otherwise approved by Agenteffect after the applicable Commitment Increase Date) of the outstanding principal amount of all Loans. The execution and delivery participation interests of the Increase Notice by Borrower Lenders in Letters of Credit shall constitute a representation be similarly adjusted. (c) Notwithstanding anything to the contrary contained herein, the obligation of the Agent and warranty by Borrower that all the conditions set forth in Lenders to increase the Total Commitment pursuant to this §2.11 2.10 shall have been be conditioned upon satisfaction of the following conditions precedent which must be satisfied on the date of such Increase Notice. The Commitment Increase may be allocated, at Borrower’s option, prior to the then existing Revolving Credit Commitments, or to effectiveness of any increase of the then existing Term Loan Commitments, or any combination thereof.Total Commitment: