Common use of Incremental Facilities Clause in Contracts

Incremental Facilities. (a) The Company may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000. Each such notice shall specify (A) the date on which the Company proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments and (y) any Person that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank).

Appears in 2 contracts

Samples: Credit Agreement (Chrysler Group LLC), Credit Agreement (Chrysler Group LLC)

AutoNDA by SimpleDocs

Incremental Facilities. (a) The Company may on one or more occasionsBorrower may, prior to the Term Loan Maturity Date, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of one or more Incremental Revolving Term Loan Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the ”) in an aggregate amount for all such increased or newly established commitments not in excess of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000$50,000,000. Each such notice shall specify (Ai) the date (each, an “Increased Amount Date”) on which the Company Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, Commitments shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and Agent, (Bii) the amount of the Incremental Revolving Term Loan Commitments being requested and (iii) the identity of each Lender or the other Person (each, an “Incremental Term Loan Commitments, as applicable, being requested Lender”) to whom the Borrower proposes any portion of such Incremental Term Loan Commitments be allocated and the amounts of such allocations (it being agreed that any such Person other than a Lender must be an Eligible Assignee that is reasonably acceptable to the Administrative Agent); provided that (xA) GSLP or its respective Affiliates may elect (or decline) to arrange such Incremental Term Loan Commitments in their sole discretion (in which case the Borrower shall enter into a customary engagement letter on terms reasonably satisfactory to GSLP, taking into account market practices and conditions at the time), and (B) any Lender approached to provide any Incremental Revolving Commitment all or a portion of the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the a Incremental Term Loan Commitments and (y) any Person that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank)Commitment.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Telx Group, Inc.), Credit and Guarantee Agreement (Telx Group, Inc.)

Incremental Facilities. (a%3) The Company may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000$500,000,000. Each such notice shall specify (A) the date on which the Company proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental [[NYCORP:3493733v14:3138D: 11/19/2014--06:51 PM]] Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y) any Person that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank).

Appears in 1 contract

Samples: Year Credit Agreement (Trimble Navigation LTD /Ca/)

Incremental Facilities. (a) [Reserved] (b) The Company may on one or more occasionsBorrower may, by written notice to the Administrative AgentAgent from time to time, request Incremental Commitments in an amount for all such Incremental Commitments not to exceed the Incremental Facility Amount at such time from one or more Incremental Lenders, which may include any existing Lender or Eligible Assignee (each of which shall be entitled to agree or decline to participate in its sole discretion); provided that (i) during any Incremental Revolving Credit Commitments (and the Incremental Revolving Credit Advances thereunder) shall be implemented as an increase to the total Revolving Credit Commitments and shall have identical terms as the Revolving Commitment Period, Credit Commitments (and the establishment of Incremental Revolving Commitments and/or Credit Advances thereunder) and (ii) each Incremental Lender shall be subject to the establishment approval of the Agent (and, in the case of an Incremental Term Loan CommitmentsRevolving Credit Lender, provided that the aggregate amount of all the Incremental Commitments established hereunder each Issuing Bank) (which approvals shall not exceed US$1,200,000,000be unreasonably withheld or delayed) if such approvals would be required by Section 9.07 for an assignment of Advances or Commitments to such Incremental Lender. Each such Such notice shall specify set forth (A) the date on which the Company proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (Bx) the amount of the Incremental Revolving Commitments being requested (which shall be in minimum increments of $5,000,000 and a minimum amount of $25,000,000 or such lesser amount equal to the remaining Incremental Term Loan CommitmentsFacility Amount, as applicable), being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments and (y) any Person that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank).102

Appears in 1 contract

Samples: Credit Agreement (Science Applications International Corp)

Incremental Facilities. (a) The Company Borrower may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder on any date shall not exceed US$1,200,000,000the Incremental Amount as of such date. Each such notice shall specify (A) the date on which the Company Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 five Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments and (y) any Person that the Company Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to approved by the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank) (such approvals not to be unreasonably withheld, conditioned or delayed). Notwithstanding anything to the contrary herein, no Incremental Commitment may be established during the Default Period.

Appears in 1 contract

Samples: Pledge and Security Agreement (Fusion Connect, Inc.)

Incremental Facilities. (a) The Company may on one At any time or more occasionsfrom time to time after the Restatement Effective Date and before the Extended Termination Date, the Borrower, by written notice to the Administrative Agent, may request (i) during the Revolving Commitment Period, the establishment of one or more additional tranches of term loans or increases in the amount of any existing term loan tranches (the “Incremental Revolving Commitments Term Loans”) and/or (ii) increases in the establishment of Revolving Loan Commitments (the “Incremental Revolving Commitments” and, together with the Incremental Term Loan CommitmentsLoans, the “Incremental Credit Increases”); provided that the each Incremental Credit Increase shall be in an aggregate principal amount of all the Incremental Commitments established hereunder shall that is not exceed US$1,200,000,000less than $50,000,000. Each such notice shall specify (A) the date (each, an “Increased Amount Date”) on which the Company Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, Credit Increases shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and Agent. The Borrower may approach any Lender or any Person (Bother than an Ineligible Assignee) the amount to provide all or a portion of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed Credit Increases; provided that (xi) any no Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, will be required to provide such Incremental Revolving Commitment Credit Increase and (ii) any entity providing all or a portion of the Incremental Term Loan Commitments and (y) any Person Credit Increase that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must an Affiliate of a Lender or an Approved Fund shall not be an Eligible Ineligible Assignee and must shall be reasonably acceptable to the Administrative Agent and, in (with such acceptance by the case of any proposed Incremental Revolving Lender, each Issuing BankAdministrative Agent to not be unreasonably withheld or delayed).

Appears in 1 contract

Samples: Credit Agreement (Hanesbrands Inc.)

Incremental Facilities. (a) The Company Borrower may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder on any date shall not exceed US$1,200,000,000the Incremental Amount as of such date. Each such notice shall specify (A) the date on which the Company Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent effective and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments and (y) any Person that the Company Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, Lender must be an Eligible Assignee and and, solely if such approval would be required under Section 10.6 for an assignment of Loans or Commitments of the applicable Class to such Incremental Lender, must be reasonably acceptable to approved by the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing BankBank (each such approval not to be unreasonably withheld, conditioned or delayed)).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Entegris Inc)

Incremental Facilities. (a) The Company may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000$500,000,000. Each such notice shall specify (A) the date on which the Company proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y) any Person that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank).

Appears in 1 contract

Samples: Assignment Agreement (Trimble Navigation LTD /Ca/)

Incremental Facilities. (a) The Company may on one or more occasionsBorrower may, by written notice to the Administrative AgentAgent from time to time, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate Commitments in an amount of for all such Incremental Term Commitments not to exceed the Incremental Commitments established hereunder shall not exceed US$1,200,000,000. Each Facility Amount at such notice shall specify time from one or more Incremental Lenders, which may include any existing Lender or any Eligible Assignee (A) the date on which the Company proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, each of which shall be a date not less than 10 Business Days (entitled to agree or such shorter period as may decline to participate in its sole discretion); provided that each Incremental Lender shall be agreed to by the Administrative Agent) after the date on which such notice is delivered subject to the Administrative approval of the Agent and (Bwhich approval shall not be unreasonably withheld or delayed). Such notice shall set forth (x) the amount of the Incremental Revolving Term Commitments being requested (which shall be in a minimum amount of $10.0 million or such lesser amount equal to the remaining Incremental Term Loan CommitmentsFacility Amount, as applicable), being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments and (y) any Person that the Company proposes date on which such Incremental Term Commitments are requested to become an effective and (z) whether such Incremental Lender, Term Commitments are (A) commitments to make additional Term Loans (which commitments shall only be permitted if such Person is not then a Lenderadditional Term Loans are intended to be fungible for United States Federal income tax purposes with the existing Term Loans) or (B) commitments to make new term loans with terms different from the Term Loans (such loans in this clause (B), must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank).

Appears in 1 contract

Samples: Credit Agreement (Cloudera, Inc.)

Incremental Facilities. (a) The Company may on one At any time or more occasionsfrom time to time after the Restatement Effective Date and before the Extended Termination Date, the Borrower, by written notice to the Administrative Agent, may request (i) during the Revolving Commitment Period, the establishment of one or more additional tranches of term loans (the “Incremental Revolving Commitments Term Loans”) and/or (ii) increases in the establishment of Revolving Loan Commitments (the “Incremental Revolving Commitments” and, together with the Incremental Term Loan CommitmentsLoans, the “Incremental Credit Increases”); provided that the each Incremental Credit Increase shall be in an aggregate principal amount of all the Incremental Commitments established hereunder shall that is not exceed US$1,200,000,000less than $50,000,000. Each such notice shall specify (A) the date (each, an “Increased Amount Date”) on which the Company Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, Credit Increases shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and Agent. The Borrower may approach any Lender or any Person (Bother than an Ineligible Assignee) the amount to provide all or a portion of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed Credit Increases; provided that (xi) any no Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, will be required to provide such Incremental Revolving Commitment Credit Increase and (ii) any entity providing all or a portion of the Incremental Term Loan Commitments and (y) any Person Credit Increase that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must an Affiliate of a Lender or an Approved Fund shall not be an Eligible Ineligible Assignee and must shall be reasonably acceptable to the Administrative Agent and, in (with such acceptance by the case of any proposed Incremental Revolving Lender, each Issuing BankAdministrative Agent to not be unreasonably withheld or delayed).

Appears in 1 contract

Samples: Credit Agreement (Hanesbrands Inc.)

Incremental Facilities. (a) The 3.The Company may on one or more occasions, by written notice to the Administrative Agent, request (i) %5.the establishment, during the Revolving Commitment Availability Period, the establishment of Incremental Revolving Commitments and/or (ii) the %5.the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Revolving Commitments established hereunder during the term of this Agreement shall not exceed US$1,200,000,000$150,000,000 and the aggregate amount of all the Incremental Term Commitments established hereunder during the term of this Agreement shall not exceed $50,000,000. Each such notice shall specify (Ai) the date on which the Company proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent Agent, and (Bii) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (xA) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (yB) any Person that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to approved by the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing BankBank (such approval not to be unreasonably withheld)).

Appears in 1 contract

Samples: Borrowing Subsidiary Joinder Agreement (Murphy USA Inc.)

Incremental Facilities. (a) The Company Borrower may on one or more occasionsoccasions after the Effective Date, by written notice to the Administrative Agent, request (i) the establishment, during the Revolving Commitment Availability Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, ; provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000$100,000,000 during the term of this Agreement. Each such notice shall specify (A) the date on which the Company Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent Agent, and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide all or any portion of such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y) any Person that the Company Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to approved by the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing BankBank (such approval not to be unreasonably withheld)).

Appears in 1 contract

Samples: Credit Agreement (Convergys Corp)

Incremental Facilities. (a) The Company Borrower may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder at any time shall not exceed US$1,200,000,000the Permitted Incremental Amount at such time. Each such notice shall specify (A) the date on which the Company Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x1) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y2) any Person that the Company Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (CVR Energy Inc)

Incremental Facilities. (a) The Company Borrower may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Availability Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000$500,000,000. Each such notice shall specify (A) the date on which the Company Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y) any Person that the Company Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing BankBank and the Swingline Lender).

Appears in 1 contract

Samples: Credit Agreement (NCR Corp)

Incremental Facilities. (a) The Company Borrower may on one or more occasionsoccasions after the Closing Date, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, ; provided that the aggregate amount of all the Incremental Commitments established hereunder Term Loans incurred under this Section 2.21 on any date, together with the aggregate original principal amount of all Alternative Incremental Facility Indebtedness incurred under Section 6.01(l) on such date, shall not exceed US$1,200,000,000the greater of (x) an amount equal to the Base Incremental Amount in effect on such date, and (y) an amount subject to the Maximum Incremental Amount as of such date. Each such notice shall specify (A) the date on which the Company Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent Agent, and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Term Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Term Commitment or the Incremental Term Loan Commitments and (y) any Person that the Company Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing BankAssignee).

Appears in 1 contract

Samples: Credit Agreement (Orbotech LTD)

Incremental Facilities. (a) xvii. The Company Borrower may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Availability Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000$500,000,000. Each such notice shall specify (A) the date on which the Company Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y) any Person that the Company Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing BankBank and the Swingline Lender).

Appears in 1 contract

Samples: Credit Agreement (NCR Corp)

Incremental Facilities. (a) The Company Holdings may on one or more occasions, by written notice to the Administrative Agent, Agent elect to request (iA) during prior to the Maturity Date of the Revolving Commitment PeriodCredit Facility, an increase to the existing Revolving Credit Commitments (any such increase, the “Incremental Revolving Commitments”) and/or (B) prior to the Maturity Date of the Term A Facility, the establishment of Incremental Revolving Commitments and/or one or more new term loan A commitments (ii) the establishment of Incremental Term Loan A Commitments, provided that the ”) by an amount not in excess of an aggregate amount of all equal to $500,000,000 after the Third Restatement Date (such amount, the “Incremental Commitments established hereunder shall Capacity”) and not exceed US$1,200,000,000less than $25,000,000 individually. Each such notice shall specify (Ai) the date (each, an “Increased Amount Date”) on which the Company Holdings proposes that the Incremental Revolving Commitments or the Incremental Term Loan A Commitments, as applicable, shall be effective, which shall be a date not less than 10 ten (10) Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) or such shorter period of time as may be agreed to by the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments may elect or decline, Administrative Agent in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments ) and (yii) any Person that the Company proposes to become an Incremental Lenderidentity of each Lender or other Person, if such Person is not then a Lender, which must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and(each, in the case of any proposed an “Incremental Revolving Loan Lender, each Issuing Bank).” or “

Appears in 1 contract

Samples: Credit Agreement (ACCO BRANDS Corp)

Incremental Facilities. (a) The Company Borrower may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder on any date shall not exceed US$1,200,000,000the Incremental Amount as of such date. Each such notice shall specify (A) the date on which the Company Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 five Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments and (y) any Person that the Company Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to approved by the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank) (such approvals not to be unreasonably withheld, conditioned or delayed).

Appears in 1 contract

Samples: Counterpart Agreement (Fusion Connect, Inc.)

Incremental Facilities. (a) The Company Borrower may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the sum of the cumulative aggregate original amount of all the Incremental Term Commitments established hereunder under this Section and aggregate original amount of all Alternative Incremental Facility Indebtedness incurred under Section 6.01(a)(xiii) shall not not, on the date of effectiveness of any Incremental Term Commitments under this Section or the date of issuance of any such Alternative Incremental Facility Indebtedness, as the case may be, exceed US$1,200,000,000the Maximum Incremental Amount in effect on such date. Each such notice shall specify (A) the date on which the Company Borrower proposes that the Incremental Revolving Term Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) the amount of the Incremental Revolving Term Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Term Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Term Commitment or the Incremental Term Loan Commitments and (y) any Person that the Company Borrower proposes to become an Incremental Term Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank)Assignee.

Appears in 1 contract

Samples: Assignment and Assumption (Trinet Group Inc)

Incremental Facilities. (a) The Company Borrower may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder at any time shall not exceed US$1,200,000,000the Permitted Incremental Amount at such time. Each such notice shall specify (A) the date on which the Company Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y) any Person that the Company Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (CVR Partners, Lp)

AutoNDA by SimpleDocs

Incremental Facilities. (a) The Company Borrower may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Availability Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000$100,000,000 during the term of this Agreement. Each such notice shall specify (A) the date on which the Company Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y) any Person that the Company Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing BankBank and the Swingline Lender (such consent, in each case, not to be unreasonably withheld, conditioned or delayed)).

Appears in 1 contract

Samples: Credit Agreement (Bz Intermediate Holdings LLC)

Incremental Facilities. (a) The Company may on one or more occasionsoccasions after the Effective Date, by written notice to the Administrative Agent, request (i) the establishment, during the Revolving Commitment Availability Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, ; provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000$250,000,000 during the term of this Agreement. Each such notice shall specify (A) the date on which the Company proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent Agent, and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide all or any portion of such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y) any Person that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to approved by the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing BankBank (such approval not to be unreasonably withheld)).

Appears in 1 contract

Samples: Credit Agreement (Convergys Corp)

Incremental Facilities. (a) The Company Borrowers may on one or more occasionsoccasions after the Effective Date, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or Commitments; provided, except with respect to Indebtedness that constitutes Permitted Refinancing Indebtedness in respect of any Indebtedness secured pursuant to clause (iiB), (C) or (E) of the establishment definition of Incremental Term Loan CommitmentsPermitted Collateral Liens (it being understood that to the extent the refinanced Indebtedness consists of Junior Obligations, provided such Permitted Refinancing Indebtedness shall be Junior Obligations), that after giving pro forma effect thereto and the aggregate amount use of all proceeds thereof, the Incremental Commitments established hereunder shall Loan-to-Value Ratio does not exceed US$1,200,000,00025%. Each such notice shall specify (Ai) the date on which the Company Lead Borrower proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent Agent, and (Bii) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments and (y) any Person that the Company Lead Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing BankAssignee).

Appears in 1 contract

Samples: Lender Assignment Agreement (Carnival PLC)

Incremental Facilities. (a) The Company may on On one or more occasionsoccasions at any time after the Closing Date, the Obligors may by written notice to the Administrative Agent, Agent elect to request an increase to the existing Commitments (i) during the Revolving Commitment Periodany such increase, the establishment of "Incremental Revolving Commitments and/or (iiCommitments" and the loans made thereunder, the "Incremental Loans") the establishment of Incremental Term Loan Commitments, provided that the in an aggregate amount of all the Incremental Commitments established hereunder shall not to exceed US$1,200,000,000$300,000,000. Each such notice shall specify (A) the date (each, an "Increased Amount Date") on which the Company proposes Obligors propose that the such Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 ten (10) Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) the amount of the Agent. Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested may be provided by any existing Lender (it being agreed understood that no existing Lender shall have an obligation to make, or provide commitments with respect to, an Incremental Loan) or by any other Person (x) each, an "Incremental Lender"); provided that any such Incremental Lender approached to provide whom any portion of such Incremental Commitment shall be allocated shall be subject to the approval of the Borrower, the Administrative Agent, the Issuing Banks and the Swingline Lender unless such Incremental Lender is an existing Lender (each of which approvals shall not be unreasonably withheld, conditioned or delayed). The terms and provisions of any Incremental Revolving Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments and (y) any Person that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must shall be an Eligible Assignee and must be reasonably acceptable identical to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank)existing Commitments.

Appears in 1 contract

Samples: Revolving Credit Agreement (Millicom International Cellular Sa)

Incremental Facilities. (a) The Company Borrower may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, ; provided that the aggregate amount of all the Incremental Term Loan Commitments established hereunder on any date shall not exceed US$1,200,000,000(i) (together with the amount of Alternative Incremental Debt established on such date in reliance on the Base Incremental Amount) an amount equal to the Base Incremental Amount on such date and (ii) an additional amount subject to the Maximum Incremental Amount as of such date. Each such notice shall specify (A) the date on which the Company Borrower proposes that the Incremental Revolving Term Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent Agent, and (B) the amount of the Incremental Revolving Term Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Term Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Term Commitment or the Incremental Term Loan Commitments and (y) any Person that the Company Borrower proposes to become an Incremental Term Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent andAgent). Notwithstanding anything to the contrary herein, in no Incremental Term Commitments may be established during the case of any proposed Incremental Revolving Lender, each Issuing Bank)Senior Period.

Appears in 1 contract

Samples: Term Intercreditor Agreement (Horizon Global Corp)

Incremental Facilities. (a) The Company may on one or more occasions, by written notice to the Administrative Agent, request (i) the establishment, during the Revolving Commitment Availability Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000$250,000,000 during the term of this Agreement. Each such notice shall specify (A) the date on which the Company proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent Agent, and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y) any Person that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to approved by the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing BankBank and the Swingline Lender (such approval not to be unreasonably withheld)).

Appears in 1 contract

Samples: Credit Agreement (Knowles Corp)

Incremental Facilities. (a[Reserved](a) The Company Borrower may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, ; provided that the aggregate amount of all the Incremental Term Loan Commitments established hereunder on any date shall not exceed US$1,200,000,000(i) (together with the amount of Alternative Incremental Debt established on such date in reliance on the Base Incremental Amount) an amount equal to the Base Incremental Amount on such date and (ii) an additional amount subject to the Maximum Incremental Amount as of such date. Each such notice shall specify (A) the date on which the Company Borrower proposes that the Incremental Revolving Term Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent Agent, and (B) the amount of the Incremental Revolving Term Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Term Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide such Incremental Revolving Term Commitment or the Incremental Term Loan Commitments and (y) any Person that the Company Borrower proposes to become an Incremental Term Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent andAgent). Notwithstanding anything to the contrary herein, in no Incremental Term Commitments may be established during the case of any proposed Incremental Revolving Lender, each Issuing Bank)Senior Period.

Appears in 1 contract

Samples: Intercreditor Agreement (Horizon Global Corp)

Incremental Facilities. (a) The Company may on one or more occasions, by written notice to the Administrative Agent, request (i) the establishment, during the Revolving Commitment Availability Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000$100,000,000 during the term of this Agreement. Each such notice shall specify (A) the date on which the Company proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent Agent, and (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y) any Person that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to approved by the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing BankBank (such approval not to be unreasonably withheld)).

Appears in 1 contract

Samples: Credit Agreement (Knowles Corp)

Incremental Facilities. (a) The Company may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000$300,000,000. Each such notice shall specify (A) the date on which the Company proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and Agent, (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y) any Person that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank and the Swing Line Bank)) and (C) in the case of Incremental Revolving Commitments, whether such Incremental Revolving Commitments are to be Multicurrency Tranche 2 Revolving Loan Commitments or US Tranche 2 Revolving Loan Commitments.

Appears in 1 contract

Samples: Credit Agreement (Trimble Navigation LTD /Ca/)

Incremental Facilities. (a) The Company may on one or more occasionsmay, by written notice to the Administrative Agent, each Issuing Bank and the Swing Line Lender, elect to request (i) during prior to the Revolving Commitment PeriodTermination Date, the establishment an increase to a Class of Incremental then-existing Revolving Commitments and/or (ii) the establishment any such increase, “New Revolving Commitments”), by an amount not in excess of Incremental Term Loan Commitments, provided that $50,000,000 in the aggregate and not less than $10,000,000 individually (or such lesser amount which shall be approved by the Agent or such lesser amount that shall constitute the difference between $50,000,000 and all such New Revolving Commitments obtained prior to such date), and integral multiples of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000$1,000,000 in excess of that amount. Each such notice shall specify (Ax) the date (each, an “Increased Amount Date”) on which the Company proposes that the Incremental New Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent Agent, (y) the identity of each Lender or other Person that is an Eligible Assignee (each, a “New Revolving Loan Lender”) to whom the Company proposes any portion of such New Revolving Commitments be allocated and the amounts of such allocations and (Bz) the amount Class of the Incremental Revolving Commitments the Company proposes to increase; provided that the Agent may elect or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) decline to arrange such New Revolving Commitments in its sole discretion and any Lender approached to provide any Incremental all or a portion of the New Revolving Commitment or the Incremental Term Loan Commitments may elect or decline, in its sole discretion, to provide a New Revolving Commitment. Such New Revolving Commitments shall become effective as of such Incremental Revolving Commitment or the Incremental Term Loan Commitments and (y) any Person that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank).Increased Amount Date; provided that

Appears in 1 contract

Samples: Credit Agreement (CNO Financial Group, Inc.)

Incremental Facilities. (a) The Company may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Period, the establishment of Incremental Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed US$1,200,000,000$300,000,000. Each such notice shall specify (A) the date on which the Company proposes that the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and Agent, (B) the amount of the Incremental Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y) any Person that the Company proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Revolving Lender, each Issuing Bank and the Swing Line Bank)) and (C) in the case of Incremental Revolving Commitments, whether such Incremental Revolving Commitments are to be Multicurrency Tranche Revolving Loan Commitments or US Tranche Revolving Loan Commitments.

Appears in 1 contract

Samples: Credit Agreement (Trimble Navigation LTD /Ca/)

Incremental Facilities. (a) The Company Parent Borrower may on one or more occasions, by written notice to the Administrative Agent, request (i) during the Revolving Commitment Availability Period, the establishment of Incremental Class A Revolving Commitments and/or (ii) the establishment of Incremental Term Loan Commitments, ; provided that the aggregate amount of all the Incremental Class A Revolving Commitments established hereunder shall not exceed US$1,200,000,000$125,000,000 and the aggregate amount of all Incremental Term Commitments established hereunder shall not exceed $200,000,000. Each such notice shall specify (A) the date on which the Company Parent Borrower proposes that the Incremental Class A Revolving Commitments or the Incremental Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent and (B) the amount of the Incremental Class A Revolving Commitments or the Incremental Term Loan Commitments, as applicable, being requested (it being agreed that (x) any Lender approached to provide any Incremental Class A Revolving Commitment or the Incremental Term Loan Commitments Commitment may elect or decline, in its sole discretion, to provide such Incremental Class A Revolving Commitment or the Incremental Term Loan Commitments Commitment and (y) any Person that the Company Parent Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be reasonably acceptable to the Administrative Agent and, in the case of any proposed Incremental Class A Revolving Lender, each the Issuing BankBank and the Swingline Lender).

Appears in 1 contract

Samples: Credit Agreement (Trimas Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.