Common use of Increased Commitment Clause in Contracts

Increased Commitment. (a) The Borrower, may at any time, by written notice to the Agent, propose that the total Commitments hereunder be increased (each such proposed increase being a "Commitment Increase"), pursuant to which, Agent shall specify each existing Lender (each an "Increasing Lender") and/or each additional lender (each an "Assuming Lender") that shall have agreed to an additional Commitment and the date on which such increase is to be effective (the "Commitment Increase Date"), which shall be a Business Day at least three Business Days after delivery of such notice and 30 days prior to the Facility Termination Date; provided that: (i) that the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or a larger multiple of $1,000,000; (ii) immediately after giving effect to such Commitment Increase, the Aggregate Commitments hereunder shall not exceed $200,000,000; (iii) no Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; (iv) the representations and warranties contained in this Agreement shall be true and correct on and as of the Commitment Increase Date as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date). (b) The Assuming Lender, if any, shall become a Lender hereunder as of such Commitment Increase Date and the Commitment of any Increasing Lender and such Assuming Lender shall be increased as of such Commitment Increase Date; provided that: (i) the Agent shall have received on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date a certificate of a duly authorized officer of the Borrower stating that each of the applicable conditions to such Commitment Increase set forth in this Section 2.6.3 has been satisfied; (ii) with respect to each Assuming Lender, the Agent shall have received, on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date, an agreement, in form and substance reasonably satisfactory to the Borrower and the Agent, pursuant to which such Assuming Lender shall, effective as of such Commitment Increase Date, undertake a Commitment, duly executed by such Assuming Lender and the Borrower and acknowledged by the Agent; and (iii) each Increasing Lender shall have delivered to the Agent, on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date, confirmation in writing satisfactory to the Agent as to its increased Commitment, with a copy of such confirmation to the Borrower. (c) Upon its receipt of confirmation from a Lender that it is increasing its Commitment hereunder together with the certificate referred to in Section 2.6.3(b)(i) above, the Agent shall (i) record the information contained therein in the Register and (ii) give prompt notice thereof to the Borrower. Upon its receipt of an agreement referred to in Section 2.6.3(b)(ii) above executed by an Assuming Lender, together with the certificate referred to in Section 2.6.3(b)(i) above, the Administrative Agent shall, if such agreement has been completed, (x) accept such agreement, (y) record the information contained therein in the Register and (z) give prompt notice thereof to the Borrower. (d) In the event that the Agent shall have received notice from the Borrower as to any agreement with respect to a Commitment Increase on or prior to the relevant Commitment Increase Date and the actions provided for in Sections 2.6.3(b)(i) through (b)(ii) above shall have occurred by 9:00 a.m., New York City time, on such Commitment Increase Date, the Agent shall notify the Lenders (including any Assuming Lenders) of the occurrence of such Commitment Increase Date promptly on such date by facsimile transmission or electronic messaging system. On the date of such Commitment Increase, the Borrower shall (i) prepay the outstanding Advances (if any) and any Swing Line Loan (if any) in full, (ii) simultaneously borrow new Advances hereunder in an amount equal to such prepayment, so that, after giving effect thereto the Advances are held ratably by the Lenders in accordance with the respect Commitments of such Lenders (after giving effect to such Commitment Increase and any Lender's Pro Rata Share of any LC Obligation) and (iii) pay to the Lenders the amounts, if any, payable under Section 3.5.

Appears in 1 contract

Sources: Credit Agreement (Clarcor Inc)

Increased Commitment. At any time prior to the Initial Maturity Date, the amount of the Facility may be increased from time to time to an amount not greater than Two Hundred Fifty Million Dollars ($250,000,000) by either (x) an increase in the Commitment of an existing Lender or (y) the addition of new Lender, provided that each of the following conditions is satisfied: (a) The BorrowerIf the increase is by addition of a new Lender, may at any time, by written notice to the Agent, propose that the total Commitments hereunder be increased (each such proposed increase being a "Commitment Increase"), pursuant to which, Agent shall specify each existing Lender (each an "Increasing Lender") and/or each additional lender (each an "Assuming Lender") that shall have agreed to an additional Commitment and the date on which such increase is to be effective (the "Commitment Increase Date"), which shall be a Business Day at least three Business Days after delivery in an amount equal to Ten Million Dollars ($10,000,000) or an integral multiple of such notice and 30 days prior to the Facility Termination Date; provided that:One Million Dollars ($1,000,000) in excess thereof; (ib) that If the minimum amount of increase is by an increase in the Commitment of any Assuming an existing Lender, such increase shall be in an amount equal to Five Million Dollars ($5,000,000) or an integral multiple of One Million Dollars ($1,000,000) in excess thereof; provided, however, that nothing contained herein shall obligate in any way whatsoever any Lender to increase its Commitment; (c) Each of Agent, Borrower and the minimum amount new or existing Lender shall consent to such increase, which consent shall be in the sole discretion of Borrower and the increase of the Commitment of any Increasing new or existing Lender, as part applicable, and in the reasonable discretion of such Commitment Increase shall be $5,000,000 or a larger multiple of $1,000,000Agent; (iid) immediately after giving effect Concurrently with the increase in the Facility, Borrower shall pay to the new or existing Lender, as applicable, any fees set forth in an Increased Commitment Letter executed by such Commitment Increase, the Aggregate Commitments hereunder shall not exceed $200,000,000new or existing Letter; (iiie) no No Unmatured Event of Default or Event of Default shall have occurred and or be continuing on as of the effective date of such Commitment Increase Date or shall result from increase in the proposed Commitment IncreaseFacility; (ivf) All of the representations and warranties contained in Article V of this Agreement shall be true and correct in all material respects on and as of the Commitment Increase Date effective date of such increase in the Facility except to the extent they related to a specific date; (g) The amount of the Loans then outstanding shall not exceed the Loan Availability as if made of the effective date of such increase in the Facility; (h) Borrower shall have delivered a compliance certificate to Agent dated as of the effective date of such increase in the Facility (i) confirming the absence of any Unmatured Event of Default or Event of Default and compliance with the financial covenants contained in Article IX and (ii) confirming the accuracy of the representations and warranties contained in Article V in all material respects on and as of such effective date (or, if any such representation or warranty is expressly stated except to have been made as of the extent they related to a specific date, as of such specific date). (b) The Assuming Lender, if any, shall become a Lender hereunder as of such Commitment Increase Date and the Commitment of any Increasing Lender and such Assuming Lender shall be increased as of such Commitment Increase Date; provided that:; (i) the Agent The new or existing Lender shall have received on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date execute a certificate of a duly authorized officer of the Borrower stating that each of the applicable conditions to such Commitment Increase set forth in this Section 2.6.3 has been satisfied; (ii) with respect to each Assuming Lender, the Agent shall have received, on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date, an agreement, in form and substance reasonably satisfactory to the Borrower and the Agent, pursuant to which such Assuming Lender shall, effective as of such Commitment Increase Date, undertake a Commitment, duly executed by such Assuming Lender and the Borrower and acknowledged by the AgentJoinder Agreement; and (iiij) each Increasing Lender Borrower shall have delivered to the Agent, on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date, confirmation in writing satisfactory to the Agent as to its increased Commitment, prepay with a copy of such confirmation to the Borrower. (c) Upon its receipt of confirmation from a Lender that it is increasing its Commitment hereunder together with the certificate referred to in Section 2.6.3(b)(i) above, the Agent shall (i) record the information contained therein in the Register and (ii) give prompt notice thereof to the Borrower. Upon its receipt of an agreement referred to in Section 2.6.3(b)(ii) above executed by an Assuming Lender, together with the certificate referred to in Section 2.6.3(b)(i) above, the Administrative Agent shall, if such agreement has been completed, (x) accept such agreement, (y) record the information contained therein in the Register and (z) give prompt notice thereof to the Borrower. (d) In the event that the Agent shall have received notice proceeds from the Borrower as to increased Commitments any agreement with respect to a Commitment Increase Loans outstanding on or prior to the relevant Commitment Increase Date and the actions provided for in Sections 2.6.3(b)(i) through (b)(ii) above shall have occurred by 9:00 a.m., New York City time, on such Commitment Increase Date, the Agent shall notify the Lenders (including any Assuming Lenders) of the occurrence of such Commitment Increase Date promptly on such date by facsimile transmission or electronic messaging system. On the effective date of such Commitment Increase, increase in the Borrower shall Facility (iand pay any additional amounts required pursuant to 2.04(h)(iii)) prepay to the extent necessary to keep the outstanding Advances (if any) and Loans ratable with any Swing Line Loan (if any) in full, (ii) simultaneously borrow new Advances hereunder in an amount equal to such prepayment, so that, after giving effect thereto the Advances are held ratably by the Lenders in accordance with the respect Commitments of such Lenders (after giving effect to such Commitment Increase and any Lender's revised Pro Rata Share of Shares arising from any LC Obligation) and (iii) pay nonratable increase in the Commitments under this Section 2.12. Minimum prepayment amounts in Section 2.05 shall not apply to the Lenders the amounts, if any, payable under Section 3.5.prepayments pursuant to this Section. 42

Appears in 1 contract

Sources: Credit Agreement (Equity Lifestyle Properties Inc)

Increased Commitment. (a) The Borrower, may at any time, by written notice Subject to the Agentterms and conditions set forth in this Section 2.01(b), propose that each Increasing Lender hereby agrees that, during the total Commitments hereunder Availability Period and upon the Increase Effective Date, the Commitment of each Increasing Lender shall be increased by $20,000,000 (each such proposed increase being a "Commitment Increase")amount, pursuant to which, Agent shall specify each existing Lender (each an "Increasing Lender") and/or each additional lender (each an "Assuming Lender") that shall have agreed to an additional Commitment and the date on which such increase is to be effective (the "Commitment Increase Date"“Increased Commitment”), which shall be a Business Day at least three Business Days after delivery automatically effective as of such notice and 30 days prior the Increase Effective Date. The obligation of each Increasing Lender to provide its Increased Commitment shall be subject to the Facility Termination Date; provided that:satisfaction of each of the following conditions (collectively, the “Increase Conditions”), as determined by Administrative Agent (acting at the direction of the Required Lenders in their sole discretion): (i) that Prior to such date, Innovative Industrial shall have (i) fully funded the minimum amount entirety of its Commitment as a Lender under this Agreement, pursuant to the terms of this Agreement, and (ii) purchased the entirety of the Commitment of any Assuming LenderSeries G Preferred Equity that Innovative Industrial is required to purchase under the Series G Preferred Equity Documents, and in accordance with the minimum amount terms of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or a larger multiple of $1,000,000Series G Preferred Equity Documents; (ii) immediately after giving effect The representations and warranties of each Loan Party contained in Section 8 or in any other Loan Document, are true and correct in all material respects (without duplication of any materiality qualifiers set forth herein) on and as of such date, except to the extent that such Commitment Increaserepresentations and warranties specifically refer to an earlier date, the Aggregate Commitments hereunder shall not exceed $200,000,000in which case they were true and correct in all material respects (without duplication of any materiality qualifiers set forth therein) as of such earlier date; (iii) no No Event of Default shall have occurred and be continuing or Default exists on such Commitment Increase Date or shall result from the proposed Commitment Increasedate; (iv) If there have been materially adverse updates to the representations financial statements described in Section 9.01 or the financial condition of the entities whose finances are reflected on such financial statements, since the date such financial statements were last delivered to each Lender, the Administrative Agent has received a pro forma consolidated balance sheet of the Parent REIT and warranties contained in this Agreement shall be true and correct on and its consolidated Subsidiaries as of the Commitment Increase Date as if made on and as last day of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date). (b) The Assuming Lender, if any, shall become a Lender hereunder as of such Commitment Increase Date and the Commitment of any Increasing Lender and such Assuming Lender shall be increased as of such Commitment Increase Date; provided that: (i) the Agent shall have received on or most recent month ended prior to 9:00 a.m., Chicago time, on such Commitment Increase Date a certificate the date of a duly authorized officer of the Borrower stating that each delivery of the applicable conditions to Loan Notice and, in each case, such Commitment Increase set forth statements fairly present, in this Section 2.6.3 has been satisfied; (ii) with respect to each Assuming Lenderall material respects, the Agent shall financial condition of the Parent REIT and its consolidated Subsidiaries as of the applicable date referred to therein, and the results of the Parent REIT’s and its consolidated Subsidiaries’ operations for the period covered thereby, and have receivedbeen prepared in accordance with GAAP, on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date, an agreementexcept as provided therein (subject, in form and substance reasonably satisfactory the case of financial statements other than fiscal year end, to the Borrower normal year-end adjustments and the Agent, pursuant to which such Assuming Lender shall, effective as absence of such Commitment Increase Date, undertake a Commitment, duly executed by such Assuming Lender and the Borrower and acknowledged by the Agentfootnotes); and (iiiv) each Increasing Lender The Borrowers shall have delivered paid all fees and expenses required to the Agent, on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date, confirmation be paid in writing satisfactory to the Agent as to its increased Commitment, with a copy of such confirmation to the Borrower. (c) Upon its receipt of confirmation from a Lender that it is increasing its Commitment hereunder together connection with the certificate referred to in Section 2.6.3(b)(i) above, the Agent shall (i) record the information contained therein in the Register and (ii) give prompt notice thereof to the BorrowerIncreased Commitments. Upon its receipt satisfaction of an agreement referred to in Section 2.6.3(b)(ii) above executed the Increase Conditions, as determined by an Assuming Lender, together with the certificate referred to in Section 2.6.3(b)(i) above, the Administrative Agent shall(acting at the direction of the Required Lenders in their sole discretion), if such agreement has been completed, (x) accept such agreement, (y) record the information contained therein in Increased Commitments shall become effective on the Register and (z) give prompt date the Administrative Agent provides written notice thereof to the Borrower. (d) In the event that the Agent shall have received notice from the Borrower as to any agreement with respect to a Commitment Increase on or prior to the relevant Commitment Increase Date Increasing Lenders and the actions provided for in Sections 2.6.3(b)(i) through Borrowers confirming such satisfaction (b)(ii) above shall have occurred by 9:00 a.m., New York City time, on such Commitment Increase Datedate, the Agent shall notify the Lenders (including any Assuming Lenders) of the occurrence of such Commitment Increase Date promptly on such date by facsimile transmission or electronic messaging system. On the date of such Commitment Increase, the Borrower shall (i) prepay the outstanding Advances (if any) and any Swing Line Loan (if any) in full, (ii) simultaneously borrow new Advances hereunder in an amount equal to such prepayment, so that, after giving effect thereto the Advances are held ratably by the Lenders in accordance with the respect Commitments of such Lenders (after giving effect to such Commitment Increase and any Lender's Pro Rata Share of any LC Obligation) and (iii) pay to the Lenders the amounts, if any, payable under Section 3.5Effective Date”).

Appears in 1 contract

Sources: Restatement Agreement (Innovative Industrial Properties Inc)

Increased Commitment. (a) The Borrower, may at any time, by written notice to the Administrative Agent, propose that the total Commitments hereunder be increased (each such proposed increase being a "Commitment Increase"), pursuant to which, and promptly thereafter the Administrative Agent shall specify each existing Lender (each an "Increasing Lender") and/or each additional lender (each an "Assuming Lender") that shall have agreed to an increased or additional Commitment and the date on which such increase is to be effective (the "Commitment Increase Date"), which shall be a Business Day at least three Business Days after delivery of such notice and 30 days prior to the Facility Termination Date; provided that: (i) that the minimum amount of the Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase shall be $5,000,000 or a larger multiple of $1,000,000; (ii) immediately after giving effect to such Commitment Increase, the Aggregate Commitments hereunder shall not exceed $200,000,000350,000,000; (iii) no Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; (iv) the representations and warranties contained in this Agreement shall be true and correct on and as of the Commitment Increase Date as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date). (b) The Assuming Lender, if any, shall become a Lender hereunder as of such Commitment Increase Date and the Commitment of any Increasing Lender and such Assuming Lender shall be increased as of such Commitment Increase Date; provided that: (i) the Administrative Agent shall have received on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date a certificate of a duly authorized officer of the Borrower stating that each of the applicable conditions to such Commitment Increase set forth in this Section 2.6.3 has been satisfied; (ii) with respect to each Assuming Lender, the Administrative Agent shall have received, on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date, an agreement, in form and substance reasonably satisfactory to the Borrower and the Administrative Agent, pursuant to which such Assuming Lender shall, effective as of such Commitment Increase Date, undertake a Commitment, duly executed by such Assuming Lender and the Borrower and acknowledged by the Administrative Agent; and (iii) each Increasing Lender shall have delivered to the Administrative Agent, on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date, confirmation in writing satisfactory to the Administrative Agent as to its increased Commitment, with a copy of such confirmation to the Borrower. (c) Upon its receipt of confirmation from a an Increasing Lender that it is increasing its Commitment hereunder together with the certificate referred to in Section 2.6.3(b)(i) above, the Administrative Agent shall (i) record the information contained therein in the Register and (ii) give prompt notice thereof to the Borrower. Upon its receipt of an agreement referred to in Section 2.6.3(b)(ii) above executed by an Assuming Lender, together with the certificate referred to in Section 2.6.3(b)(i) above, the Administrative Agent shall, if such agreement has been completed, (x) accept such agreement, (y) record the information contained therein in the Register and (z) give prompt notice thereof to the Borrower. (d) In the event that the Administrative Agent shall have received notice from the Borrower as to any agreement with respect to a Commitment Increase on or prior to the relevant Commitment Increase Date and the actions provided for in Sections 2.6.3(b)(i) through (b)(ii) above shall have occurred by 9:00 a.m., New York City Chicago time, on such Commitment Increase Date, the Administrative Agent shall notify the Lenders (including any Assuming Lenders) of the occurrence of such Commitment Increase Date promptly on such date by facsimile transmission or electronic messaging system. On the date of such Commitment Increase, the Borrower shall (i) prepay the outstanding Advances (if any) and any Swing Line Loan (if any) in full, (ii) simultaneously borrow new Advances hereunder in an amount equal to such prepayment, so that, after giving effect thereto the Advances are held ratably by the Lenders in accordance with the respect Commitments of such Lenders (after giving effect to such Commitment Increase and any Lender's ’s Pro Rata Share of any LC Obligation) and (iii) pay to the Lenders the amounts, if any, payable under Section 3.53.4.

Appears in 1 contract

Sources: Credit Agreement (Clarcor Inc)

Increased Commitment. (a) The BorrowerNotwithstanding anything to the contrary, may at any time, by written notice and from time to time, from and after the Agent, propose that the total Commitments hereunder be increased Closing Date (each such proposed increase being a "Commitment Increase"), pursuant to which, Agent shall specify each existing Lender (each an "Increasing Lender") and/or each additional lender (each an "Assuming Lender") that shall have agreed to an additional Commitment and the date on which such increase is to be effective (the "Commitment Increase Date"), which shall be a Business Day but at least three Business Days after delivery of such notice and 30 90 days prior to the Facility Termination Date), and so long as no Default or Event of Default has occurred and is continuing, the Borrowers’ Agent may request an increase in the Aggregate Revolving Commitment (such increase, the “Increased Commitment Amount”); provided that: that (i) that the minimum amount of the such Increased Commitment of any Assuming Lender, and the minimum amount of the increase of the Commitment of any Increasing Lender, as part of such Commitment Increase Amount shall first be $5,000,000 or a larger multiple of $1,000,000; (ii) immediately after giving effect to such Commitment Increase, the Aggregate Commitments hereunder shall not exceed $200,000,000; (iii) no Default shall have occurred and be continuing on such Commitment Increase Date or shall result from the proposed Commitment Increase; (iv) the representations and warranties contained in this Agreement shall be true and correct on and as of the Commitment Increase Date as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date). (b) The Assuming Lender, if any, shall become a Lender hereunder as of such Commitment Increase Date and the Commitment of any Increasing Lender and such Assuming Lender shall be increased as of such Commitment Increase Date; provided that: (i) the Agent shall have received on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date a certificate of a duly authorized officer of the Borrower stating that each of the applicable conditions to such Commitment Increase set forth in this Section 2.6.3 has been satisfied; (ii) with respect offered to each Assuming Lender, the Agent shall have received, on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date, an agreement, in form and substance reasonably satisfactory to the Borrower and the Agent, pursuant to which such Assuming Lender shall, effective as of such Commitment Increase Date, undertake a Commitment, duly executed by such Assuming Lender and the Borrower and acknowledged by the Agent; and (iii) each Increasing Lender shall have delivered to the Agent, on or prior to 9:00 a.m., Chicago time, on such Commitment Increase Date, confirmation in writing satisfactory to the Agent as to its increased Commitment, with a copy of such confirmation to the Borrower. (c) Upon its receipt of confirmation from a Lender that it is increasing its Commitment hereunder together with the certificate referred to in Section 2.6.3(b)(i) above, the Agent shall (i) record the information contained therein in the Register and (ii) give prompt notice thereof to the Borrower. Upon its receipt of an agreement referred to in Section 2.6.3(b)(ii) above executed by an Assuming Lender, together with the certificate referred to in Section 2.6.3(b)(i) above, the Administrative Agent shall, if such agreement has been completed, (x) accept such agreement, (y) record the information contained therein in the Register and (z) give prompt notice thereof to the Borrower. (d) In the event that the Agent shall have received notice from the Borrower as to any agreement with respect to a Commitment Increase on or prior to the relevant Commitment Increase Date and the actions provided for in Sections 2.6.3(b)(i) through (b)(ii) above shall have occurred by 9:00 a.m., New York City time, on such Commitment Increase Date, the Agent shall notify the Lenders (including any Assuming Lenders) of the occurrence of such Commitment Increase Date promptly on such date by facsimile transmission or electronic messaging system. On the date of such Commitment Increase, the Borrower shall (i) prepay the outstanding Advances (if any) and any Swing Line Loan (if any) in full, (ii) simultaneously borrow new Advances hereunder in an amount equal to such prepaymentLender’s Revolving Percentage, so thatand (ii) to the extent any Lender does not accept such offer within ten (10) Business Days, then such amount may be offered by Borrowers’ Agent to any other Lender or to a Person that is an Eligible Assignee and, for purposes of this clause (ii), is reasonably acceptable to the Administrative Agent (a “New Lender”), which New Lender may be added as a “Lender” under this Agreement with a Revolving Commitment equivalent to such offered amount; provided further, that (a) upon giving effect to any such new Revolving Commitment, the Revolving Commitment Amount of the New Lender shall not be less than $10,000,000, and (b) the Aggregate Revolving Commitment, after giving effect thereto to the Advances are held ratably Increased Commitment Amount, shall not exceed $200,000,000 less the aggregate amount of the reductions in the Aggregate Revolving Commitment pursuant to Sections 2.6 and 2.23(c). The Administrative Agent and the Borrowers’ Agent and each Lender increasing its Revolving Commitment or New Lender, as the case may be, shall agree on the date as of which the increased Revolving Commitment or such New Lender’s Revolving Commitment, as applicable, shall become effective. Each New Lender shall execute and deliver an instrument in the form prescribed by the Lenders Administrative Agent (which instrument need not be executed by any other Lender in order to be effective) to evidence its agreement to be bound by this Agreement and the other Loan Documents. Each Lender increasing its Revolving Commitment shall execute documentation prescribed by the Administrative Agent evidencing such increase. Upon the effective date (the “Increase Effective Date”) of an increase in any Lender’s Revolving Commitment or inclusion of a New Lender as a Lender under this Agreement (the “Subject Lender”), the Administrative Agent shall deliver to the Borrowers’ Agent and each Lender a notice setting forth the revised Aggregate Revolving Commitment. Further, upon the Increase Effective Date, the Subject Lender shall make Revolving Loans and Converted Term Loans and, if applicable pursuant to Sections 2.18 and 2.22, purchase participations in Facility LCs and Swing Line Loans as calculated by the Administrative Agent so that its outstanding Revolving Loans and any such participations in Swing Line Loans and Letters of Credit are equal to its respective Revolving Percentage of all Revolving Loans and any such participations in Swing Line Loans and Facility LCs outstanding on such date and the Administrative Agent shall distribute the proceeds of such Loans to the other Lender in accordance with their Revolving Percentage of all Revolving Loans outstanding on the respect Commitments Increase Effective Date, and each other Lender’s participations in any such Swing Line Loans and Facility LCs shall be reduced ratably by its Revolving Percentage of the participations in any such Lenders (Swing Line Loans and Facility LCs purchased by the Subject Lender, in each case after giving effect to such Commitment Increase and any Lender's Pro Rata Share of any LC Obligation) and (iii) pay the increase to the Lenders Aggregate Revolving Commitment upon the amountsIncrease Effective Date, if anybut prior to any additional Revolving Loans, payable under Swing Line Loans or Facility LCs requested by the Borrowers to be made on the Increase Effective Date. Notwithstanding anything to the contrary, no Lender shall be obligated to increase its Commitment pursuant to this Section 3.52.24.

Appears in 1 contract

Sources: Credit Agreement (Dolan Co.)