Common use of Increase of Commitments Clause in Contracts

Increase of Commitments. The Borrowers shall have the right to increase the aggregate Commitments by obtaining additional funding commitments either from one or more of the Lenders (it being understood that no Lender shall have, or be deemed to have, an obligation to provide a portion of any such increase in the Commitments merely by reason of being a party hereto) or any other commercial bank or financial institution generally engaged in the business of providing corporate loans on a revolving basis; provided that (i) the aggregate amount of all such increases hereunder shall not result in the aggregate Commitments exceeding $250,000,000 at any time, (ii) any Person that provides such increase shall be subject to the approval of the Majority Lenders and the LC Issuer, such approval not to be unreasonably withheld, conditioned or delayed, (iii) any such Person assumes all of the rights and obligations of a “Lender” hereunder on terms substantially similar to those contained in the Assignment Agreement but otherwise pursuant to an assumption agreement in form and substance reasonably satisfactory to the Administrative Agent (acting on the directions of the Majority Lenders) between such Person, the Borrowers and the Administrative Agent and (iv) as a condition precedent to any such increase, the Borrowers shall deliver to the Administrative Agent a certificate of each Obligor signed by a Responsible Officer of such Obligor certifying and attaching the resolutions adopted by such Obligor approving or consenting to such increase, and certifying that, before and after giving effect to such increase, the representations and warranties contained in this Agreement and the other Loan Documents are true and correct in all material respects with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date).

Increase of Commitments. The Subject to the Lenders’ right of first refusal under Section 2.14, the Borrowers shall have the right right, not more than twice between the Closing Date and March 31, 2016, to increase the aggregate Commitments by obtaining additional funding commitments either from one or more of the Lenders (it being understood that no Lender shall have, or be deemed to have, an obligation to provide a portion of any such increase in the Commitments merely by reason of being a party hereto) or any other commercial bank or financial institution generally engaged in the business of providing corporate loans on a revolving basis; provided that (ix) the aggregate amount of all such increases hereunder shall not result in the aggregate Commitments exceeding $250,000,000 150,000,000 at any time, (iiy) any Person that provides such increase shall be subject to the approval of the Majority Lenders and the LC Issuer, such approval not to be unreasonably withheld, conditioned or delayed, (iiiz) any such Person assumes all of the rights and obligations of a “Lender” Tranche A Lender hereunder on terms substantially similar to those contained in the Assignment Agreement but otherwise pursuant to an assumption agreement in form and substance reasonably satisfactory to the Administrative Agent (acting on the directions of the Majority Lenders) between such Person, the Borrowers and the Administrative Agent and (iv) as a condition precedent to any such increase, the Borrowers shall deliver to the Administrative Agent a certificate of each Obligor signed by a Responsible Officer of such Obligor certifying and attaching the resolutions adopted by such Obligor approving or consenting to such increase, and certifying that, before and after giving effect to such increase, the representations and warranties contained in this Agreement and the other Loan Documents are true correct and correct not misleading in all material respects with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true correct and correct not misleading in all material respects as of such earlier date).

Increase of Commitments. The Borrowers At any time prior to the Termination Date, the Borrower shall have the right to increase the Commitments from time to time in an aggregate Commitments principal amount not to exceed $25,000,000 upon one Business Day prior notice to the Administrative Agent and pursuant to procedures established by obtaining additional funding commitments either from one or the Administrative Agent and acceptable to the Borrower. The Borrower shall request such an increase (each, an “Additional Commitment”) no more than two times during the term of this Agreement and each Additional Commitment shall be in a principal amount of at least $10,000,000. No Additional Commitment shall become effective unless, as of the Lenders (it being understood that no Lender shall havedate of such increase, or be deemed to have, an obligation to provide a portion of any such increase in the Commitments merely by reason of being a party hereto) or any other commercial bank or financial institution generally engaged in the business of providing corporate loans on a revolving basis; provided that (i) the aggregate amount of all such increases hereunder shall not result applicable conditions precedent in the aggregate Commitments exceeding $250,000,000 at any time, Section 3.2 have been met and (ii) any Person that provides such increase the Borrower is in pro forma compliance with the Financial Performance Covenants. Each bank or other financial institution providing Additional Commitments shall be subject reasonably acceptable to the approval of the Majority Lenders Administrative Agent and the LC Issuer, such approval not to Borrower and shall be unreasonably withheld, conditioned or delayed, (iii) any such Person assumes all of the rights and obligations of a “Lender” hereunder on terms substantially similar for all purposes under this Agreement. No existing Lender shall have any obligation to those contained in the Assignment Agreement but otherwise pursuant to an assumption agreement in form and substance reasonably satisfactory to the Administrative Agent (acting on the directions of the Majority Lenders) between such Person, the Borrowers and the Administrative Agent and (iv) as a condition precedent to provide any such increaseAdditional Commitments unless and until it shall expressly agree under the applicable procedures to do so, the Borrowers at which time such Lender shall deliver be deemed to the Administrative Agent a certificate of each Obligor signed by a Responsible Officer of such Obligor certifying and attaching the resolutions adopted by such Obligor approving or consenting to such increase, and certifying that, before and after giving effect to such increase, the representations and warranties contained in have made an Additional Commitment. The Lenders agree that this Agreement and the other Loan Documents are true and correct in all material respects may be amended from time to time with the same effect as if then made (unless stated consent of the Administrative Agent and the Borrower to relate solely to an earlier date, reflect such Additional Commitments in which case such representations and warranties shall be true and correct in all material respects as of such earlier date)connection with this Section 2.20.

Increase of Commitments. The Borrowers shall have At any time and from time to time, the right to increase the aggregate Commitments by obtaining additional funding commitments either from Company may, at its option, arrange for one or more Banks or one or more other financial institutions acceptable to the Agent (an "Increasing Bank") to increase their respective 50 55 Commitments (or, in the case of such other financial institutions, extend new Commitments hereunder) in an aggregate amount not to exceed $13,292,000. Such increase or extension shall be effected by means of one or more agreements or other documents supplemental to this Agreement among the Lenders (it being understood Increasing Banks, the Company and the Agent. In the event that no Lender shall have, or be deemed immediately after giving effect to have, an obligation to provide a portion of any such increase or extension Committed Loans shall then be outstanding, then simultaneously with such increase or extension the Banks (including the Increasing Banks) shall, subject to the terms and conditions of this Agreement, make new Committed Loans in the accordance with their respective Commitments merely by reason of being a party hereto(immediately after giving effect to such increase or extension) or any other commercial bank or financial institution generally engaged as shall be necessary to pay in the business of providing corporate loans on a revolving basis; full such outstanding Committed Loans, provided that (i) the aggregate amount making of all such increases hereunder new Committed Loans and the payment in full of such outstanding Committed Loans shall not result be deemed to have been made simultaneously and shall be effected in a manner reasonably determined by the aggregate Commitments exceeding $250,000,000 at any time, Agent through means of one or more advances and/or payments made directly among the Banks on a netted basis through the Agent and (ii) any Person that provides upon the consummation thereof, the Banks, the Agent and the Company shall make appropriate arrangements so that, if required, new Notes are issued to the Banks. On and as of the effective date of each such increase or extension, each Increasing Bank shall be subject and become a Bank for all purposes of this Agreement (to the approval same extent as any other Bank hereunder) and shall be bound by and entitled to the benefits of the Majority Lenders and the LC Issuer, such approval not to be unreasonably withheld, conditioned or delayed, (iii) any such Person assumes all of the rights and obligations of a “Lender” hereunder on terms substantially similar to those contained this Agreement in the Assignment Agreement but otherwise pursuant to an assumption agreement in form and substance reasonably satisfactory to the Administrative Agent (acting on the directions of the Majority Lenders) between such Person, the Borrowers and the Administrative Agent and (iv) same manner as a condition precedent to any such increase, the Borrowers shall deliver to the Administrative Agent a certificate of each Obligor signed by a Responsible Officer of such Obligor certifying and attaching the resolutions adopted by such Obligor approving or consenting to such increase, and certifying that, before and after giving effect to such increase, the representations and warranties contained in this Agreement and the other Loan Documents are true and correct in all material respects with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date)Bank.