Increases of Commitments Sample Clauses

Increases of Commitments. The Borrower may from time to time request that any one or more of the Lenders increase their respective Commitments or request that other Persons that are Eligible Assignees, agree to make a new Commitment; provided that the aggregate amount of such increases and new Commitments may not exceed $500,000,000. Each increased or new Commitment resulting in an increase in the aggregate Commitments shall be effected by a Commitment Increase Agreement (herein so called) substantially in the form of Exhibit D or a Joinder Agreement (herein so called) substantially in the form of Exhibit E, as applicable, executed by the Borrower, the Administrative Agent and the existing Lender that has agreed to increase its Commitment or the new Lender that has agreed to a new Commitment, as the case may be. Notwithstanding the foregoing, no increase in the Commitments (or in the Commitment of any Lender) shall become effective under this paragraph unless, (i) on the proposed date of the effectiveness of such increase, (A) the conditions set forth in paragraphs (a) and (b) of Section 4.02 shall be satisfied or waived by the Required Lenders and the Administrative Agent shall have received a certificate to that effect dated such date and executed by a Financial Officer of the Borrower and (B) the Borrower shall be in compliance (on a pro forma basis) with the covenants contained in Section 6.10 and (ii) the Administrative Agent shall have received documents consistent with those delivered on the Effective Date as to the corporate power and authority of the Borrower to borrow hereunder after giving effect to such increase. None of the Lenders shall be obligated to increase its Commitment. Promptly following each increase of the aggregate Commitments pursuant to this Section 2.20, the Administrative Agent shall deliver to the Borrower and the Lenders an amended Schedule 2.01 that gives effect to such increase. Concurrently with each increase in the aggregate Commitments pursuant to this Section 2.20, (x) the Borrower shall prepay any Loans outstanding on such date (and pay any amounts required pursuant to Section 2.16) to the extent necessary to keep outstanding Loans ratable with any revised Applicable Percentages of the Lenders effective as of such date, and (y) each Lender’s share of the LC Exposure and Swing Line Exposure on such date shall automatically be deemed to equal such Lender’s Applicable Percentage of such LC Exposure and Swing Line Exposure (such Applicable Percenta...
AutoNDA by SimpleDocs
Increases of Commitments. The Borrower may from time to time request that any one or more of the Lenders increase their respective Commitments or request that other Persons that are Eligible Assignees, agree to make a new Commitment; provided that the aggregate amount of such increases and new Commitments may not exceed $500,000,000. Each increased or new Commitment resulting in an increase in the aggregate Commitments shall be effected by a Commitment Increase Agreement (herein so called) substantially in the form of Exhibit D or a Joinder Agreement (herein so called) substantially in the form of Exhibit E, as applicable, executed by the Borrower, the Administrative Agent and the existing Lender that has agreed to increase its Commitment or the new Lender that has agreed to a new Commitment, as the case may be. Notwithstanding the foregoing, no increase in the Commitments (or in the Commitment of any Lender) shall become effective under this paragraph unless, (i) on the proposed date of the effectiveness of such increase, (A) the conditions set forth in paragraphs (a) and (b) of Section 4.02 shall be satisfied or waived by the Required Lenders and the Administrative Agent shall have received a certificate to that effect dated such date and executed by a Financial Officer of the Borrower and (B) the Borrower shall be in compliance (on a pro forma basis) with the covenants contained in Section 6.10 and (ii) the Administrative Agent shall have received documents consistent with those delivered on the Effective Date as to the corporate power and authority of the Borrower to borrow hereunder after giving effect to such increase. None of the Lenders shall be obligated to increase its Commitment. Promptly following each increase of the aggregate Commitments pursuant to this Section 2.20, the Administrative Agent shall deliver to the Borrower and the Lenders an amended Schedule 2.01 that gives effect to such increase. Concurrently with each increase in the aggregate Commitments pursuant to this Section 2.20, the Borrower shall prepay any Loans outstanding on such date (and pay any amounts required pursuant to Section 2.16) to the extent necessary to keep outstanding Loans ratable with any revised Applicable Percentages of the Lenders effective as of such date. This Section shall supersede any provisions in Section 2.18 or 9.02 to the contrary.
Increases of Commitments. During the period commencing on the Effective Date through and including the date that is twelve (12) months after the date of this Agreement, Kimco may from time to time request additional Commitments (“Incremental Commitments”), in minimum increments of $5,000,000 (or whole multiples of $1,000,000 in excess of $5,000,000), relating to Loans to be borrowed after the Effective Date but prior to the date that is twelve (12) months after the date of this Agreement (“Incremental Loans”) pursuant to the terms of this Section 10.8, provided that the total amount of Incremental Commitments shall be limited to $100,000,000 in the aggregate. Each such request shall, at Kimco’s discretion, offer to any Lender the opportunity to provide an Incremental Commitments and/or, with the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed) and Kimco, to any additional bank, financial institution or other entity that elects to provide an Incremental Commitment. No Lender shall have any obligation to provide an Incremental Commitment, nor shall the Administrative Agent or the Lead Arrangers have any obligation to locate banks, financial institutions or other entities willing to increase or obtain such Commitments, as applicable. The form of documentation pursuant to which any such Incremental Commitment is made and the person providing such Incremental Commitment becomes a Lender hereunder must be acceptable to Kimco and the Administrative Agent. Upon entry of such documentation, Schedule 1.1A hereof shall be automatically amended without any further action of any party to reflect the Incremental Commitments provided pursuant to such documentation. Each Lender having an Incremental Commitment agrees to make Incremental Loans to Kimco, in an aggregate principal amount not to exceed its Incremental Commitment on the applicable Borrowing Date, subject to the following conditions:
Increases of Commitments. The Borrower may from time to ------------------------ time request any one or more of the Lenders to increase their respective Commitments or request other Persons that would be Eligible Assignees to agree to a Commitment; provided that the Aggregate Commitments may not exceed $200,000,000. Each increase in the Aggregate Commitments shall be effected by a Commitment increase agreement substantially in the form of Exhibit H or a joinder agreement substantially in the form of Exhibit I, as applicable, executed by the Borrower, the Administrative Agent and the existing Lender that has agreed to increase its Commitment or the new Lender that has agreed to a new Commitment, as the case may be. None of the Lenders shall be obligated to increase its Commitment. Promptly following each increase of the Aggregate Commitments pursuant to this Section, the Administrative Agent shall deliver to the Borrower and the Lenders an amended Schedule 2.01 that gives effect to such increase."
Increases of Commitments. (i) Upon notice to Administrative Agent (which shall promptly notify Lenders), the Company may from time to time, request an increase in the Revolving Credit Commitments of up to $30,000,000, resulting in an increased Revolving Credit Commitments of up to $100,000,000, provided that, (A) each increase in the Revolving Credit Commitments shall be in the minimum amount of $10,000,000 or a greater integral multiple of $5,000,000, (B) after giving effect to the increase in the Revolving Credit Commitments, the Revolving Credit Commitments do not exceed $100,000,000, and (C) no Potential Default or Event of Default exists. At the time of sending such notice, the Company (in consultation with Administrative Agent) shall specify the time period within which each Lender is requested to respond (which shall in no event be less than ten (10) Business Days from the date of delivery of such notice to Lenders). Each Lender shall notify Administrative Agent within such time period whether or not it agrees to increase its Commitment, and, if so, whether by an amount equal to, greater than, or less than its Pro Rata Share of such requested increase. Any Lender not responding within such time period shall be deemed to have declined to increase its Commitment. Administrative Agent shall notify the Company and each Lender of Lenders' responses to each request made hereunder. To achieve the full amount of a requested increase, the Company may also invite additional eligible assignees to become Lenders. Any increase in the Revolving Credit Commitments must be effected by an amendment that is executed in accordance with Section 12.01 by the Company, Administrative Agent, and the one or more Lenders who have agreed to increase their Commitments or by new Lenders who have agreed to new Commitments in accordance with Section 12.01.
Increases of Commitments. Section 2.11 of the Credit Agreement is hereby amended by deleting the heading of such Section and substituting therefor a heading reading "Reduction and Increase of the Commitments" and adding at the end thereof the following clause (c):
Increases of Commitments. 22 2.13 Optional Renewal of Commitments...........................22
AutoNDA by SimpleDocs
Increases of Commitments. Borrower may from time to time request any one or more Lenders to increase their respective Commitments or request other financial institutions first approved by Administrative Agent to agree to a Commitment, so that the total Commitments may be increased to no more than $400,000,000. That increase must be effected by an amendment that is executed in accordance with SECTION 12.5 by Borrower, Administrative Agent, and the one or more Lenders who have agreed to increase their Commitments or by new Lenders who have agreed to new Commitments in accordance with SECTION 12.5. In the event the total Commitments are increased, Borrower shall execute and deliver to each Lender extending CREDIT AGREEMENT
Increases of Commitments. The Borrower may at any time and from time to time prior to December 31, 2000, at its sole cost and expense, request any one or more of the Lenders to increase (such decision to increase the Commitment of a Lender to be within the sole and absolute discretion of such Lender) its Commitment, or any other Person reasonably satisfactory to the Agent and the Issuing Bank to provide a new Commitment, by submitting an increase supplement, in the form of Exhibit K, duly executed by the Borrower and each such Lender or other Person, as the case may be (each an "Increase Supplement"). If such Increase Supplement is in all respects reasonably satisfactory to the Agent, the Agent shall execute such Increase Supplement and deliver a copy thereof to the Borrower and each such Lender or other Person, as the case may be. Upon execution and delivery of such Increase Supplement, (i) in the case of each such Lender, such Lender's Commitment shall be increased to the amount set forth in such Increase Supplement, (ii) in the case of each such other Person, such other Person shall become a party hereto and shall for all purposes of the Loan Documents be deemed a "Lender" having a Commitment Amount as set forth in such Increase Supplement, (iii) in each case, the Commitment of such Lender or such other Person, as the case may be, shall be as set forth in the applicable Increase Supplement, (iv) with respect to each remaining scheduled mandatory reduction of the Aggregate Commitment Amount set forth in Section 2.4(f), the percentage thereof shall be increased (if necessary), on a pro-rata basis, so that such remaining reductions would cause the Aggregate Commitment Amount to be reduced to zero ($0.00) on the Maturity Date; provided, however, that:
Increases of Commitments. The Borrowers may from time to time request one or more Lenders to increase their respective Commitments or request one or more Eligible Assignees to agree to a Commitment, in each case in a minimum amount of $5,000,000; provided that the Total Commitment may not exceed $210,000,000. Such increase or agreement shall be effected by a Commitment increase agreement substantially in the form of Exhibit F-1 or a joinder agreement substantially in the form of Exhibit F-2, as applicable. In the event the Total Commitment is increased, the Borrowers shall execute and deliver to each Lender extending such additional Commitment a Note in the stated amount of its new or increased Commitment, upon the request of such Lender. No Lender is obligated to increase its Commitment under any circumstances, and no Lender's Commitment may be increased pursuant to this Section 2.14 except by its execution of an agreement substantially in accordance with this Section 2.14. Each Eligible Assignee providing such additional Commitment shall be a "Lender" hereunder, entitled to the rights and benefits, and subject to the duties, of a Lender under the Loan Documents. Each Lender responsible for an additional Commitment (an "Increasing Lender") shall, on the Business Day designated by the Administrative Agent, make Loans pro rata to the Borrowers, through the Agent, in an aggregate amount equal to such Increasing Lender's pro rata share (after giving effect to the increase in the Total Commitment)
Time is Money Join Law Insider Premium to draft better contracts faster.