Common use of Incremental Facilities Clause in Contracts

Incremental Facilities. (a) The Borrower may on one or more occasions, by written notice to the Agent, request the establishment, during the Availability Period, of Incremental Commitments; provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed $25,000,000 during the term of this Agreement. Each such notice shall specify (A) the date on which the Borrower proposes that the Incremental Commitments shall be effective, which shall be a date not less than five (5) Business Days (or such shorter period as may be agreed to by the Agent) after the date on which such notice is delivered to the Agent, and (B) the amount of the Incremental Commitments being requested (it being agreed that (x) any Lender approached to provide any Incremental Commitment may elect or decline, in its sole discretion, to provide such Incremental Commitment and (y) any Person that the Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by the Agent, which approval shall not be unreasonably withheld or delayed).

Incremental Facilities. (a) The Borrower Company may on one or more occasions, by written notice to the AgentAdministrative Agent elect to (i) increase the Commitments (any such increase, request a “New Revolving Credit Loan Commitment”) or (ii) establish an additional tranche of Commitments (the establishment“Additional Revolving Credit Commitments”, during together with any New Revolving Credit Loan Commitment, the Availability Period, of “Incremental Commitments; provided ”) in an amount that the aggregate may be incurred in compliance with this Agreement (including, without limitation, Section 10.2), each of which shall be in an amount of all the Incremental Commitments established hereunder shall not exceed less than $25,000,000 during individually (or such lesser amount which shall be approved by the term Administrative Agent), and integral multiples of this Agreement$5,000,000 in excess of that amount. Each such notice shall specify (A) the date (each, an “Increased Amount Date”) on which the Borrower Company proposes that the Incremental Commitments Commitment) shall be effective, which shall be a date not less than five ten (510) Business Days (or such shorter period as may be agreed to by the Agent) after the date on which such notice is delivered to the Agent, and Administrative Agent (B) or such shorter notice period as the amount of the Incremental Commitments being requested (it being agreed that (x) any Lender approached to provide any Incremental Commitment Administrative Agent may elect or decline, agree in its sole discretion). Such Incremental Commitments shall become effective, to provide as of such Incremental Commitment and (y) any Person that the Borrower proposes to become an Incremental LenderIncreased Amount Date; provided, if such Person is not then a Lenderfurther, must be an Eligible Assignee and must be approved by the Agent, which approval shall not be unreasonably withheld or delayed).that:

Incremental Facilities. (a) The Borrower may on one or more occasions, by written notice to the Administrative Agent, request the establishment, during the Availability Period, establishment of Incremental Commitments; , provided that the aggregate amount of all the any Incremental Commitments established hereunder shall not exceed $25,000,000 during the term amount of this Agreementadditional Indebtedness permitted at the time such Incremental Commitments are established to be Incurred under Section 9.01(b)(1). Each such notice shall specify (Ai) the date on which the Borrower proposes that the Incremental Commitments shall be effective, which shall be a date not less than five (5) 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 Agent, Administrative Agent and (Bii) the amount of the Incremental Commitments being requested (it being agreed that (xA) any Lender approached to provide any Incremental Commitment may elect or decline, in its sole discretion, to provide such Incremental Commitment and (yB) any Person that the Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by otherwise satisfy the Agent, which approval shall not be unreasonably withheld or delayedrequirements of Section 12.04(b)(i)).

Incremental Facilities. (a) The Borrower may on one or more occasions, by written notice to the Agent, request the establishment, during the Availability Period, of Incremental Commitments; , provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed $25,000,000 the Incremental Facility Maximum Amount during the term of this Agreement. Each such notice shall specify (A) the date on which the Borrower proposes that the Incremental Commitments shall be effective, which shall be a date not less than five (5) Business Days (or such shorter period as may be agreed to by the Agent) after the date on which such notice is delivered to the Agent, and (B) the amount of the Incremental Commitments Commitments, being requested (it being agreed that (x) any Lender approached to provide any Incremental Commitment may elect or decline, in its sole discretion, to provide such Incremental Commitment and (y) any Person that the Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by the Agent, which approval shall not be unreasonably withheld or delayed).

Incremental Facilities. (a) The Borrower Company may on one or more occasions, by written notice to the Administrative Agent, request the establishment, during the Availability Period, establishment of Incremental Revolving Commitments; provided that the aggregate amount of all the Incremental Revolving Commitments established hereunder shall not exceed $25,000,000 during the term of this AgreementUS$500,000,000. Each such notice shall specify (A1) the date on which the Borrower Company proposes that the Incremental Revolving Commitments shall be effective, which shall be a date not less than five (5) 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 Agent, Administrative Agent and (B2) the amount of the Incremental Revolving Commitments being requested (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment and (y) any Person that the Borrower Company proposes to become an Incremental Revolving Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by reasonably acceptable to the Agent, which approval shall not be unreasonably withheld or delayedAdministrative Agent and each Issuing Bank).

Incremental Facilities. (a) The Borrower Company may on one or more occasions, by written notice to the Administrative Agent, request the establishment, during the Revolving Availability Period, of Incremental Revolving Commitments; , provided that the aggregate amount of all the Incremental Revolving Commitments established hereunder shall not exceed $25,000,000 during the term of this AgreementAgreement shall not exceed $200,000,000. Each such notice shall specify (Ai) the date on which the Borrower Company proposes that the Incremental Revolving Commitments shall be effective, which shall be a date not less than five (5) 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 (Bii) the amount of the Incremental Commitments Revolving Commitments, being requested (it being agreed that (xA) any Lender approached to provide any Incremental Revolving Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment and (yB) any Person that the Borrower Company proposes to become an Incremental Revolving Lender, if such Person is not then a Revolving Lender, must be an Eligible Assignee and must be approved by the Administrative Agent, which each Issuing Bank and the Swingline Lender (such approval shall not to be unreasonably withheld or delayedwithheld)).

Incremental Facilities. (a) The Subject to the terms of the NBA Consent Letter in each event, the Borrower may on one or more occasions, by written notice to the Agent, request the establishment, during the Availability Period, of Incremental Commitments; , provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed $25,000,000 100,000,000 during the term of this Agreement. Each such notice shall specify (A) the date on which the Borrower proposes that the Incremental Commitments shall be effective, which shall be a date not less than five (5) Business Days (or such shorter period as may be agreed to by the Agent) after the date on which such notice is delivered to the Agent, and (B) the amount of the Incremental Commitments Commitments, being requested (it being agreed that (x) any Lender approached to provide any Incremental Commitment may elect or decline, in its sole discretion, to provide such Incremental Commitment and (y) any Person that the Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by the Agent, which approval shall not be unreasonably withheld or delayed).

Incremental Facilities. (a) The Borrower may on one or more occasions, by written notice to the Administrative Agent, request the establishment, during the Availability Period, establishment of Incremental Commitments; , provided that the aggregate amount of all the Incremental Commitments established hereunder on any date shall not exceed $25,000,000 during the term Incremental Amount as of this Agreementsuch date. Each such notice shall specify (Ai) the date on which the Borrower proposes that the Incremental Commitments shall be effective, which shall be a date not less than five (5) 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 (Bii) the amount of the Incremental Commitments being requested (it being agreed that (xA) any Lender approached to provide any Incremental Commitment may elect or decline, in its sole discretion, to provide such Incremental Commitment and (yB) any Person that the Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by the Agent, which Administrative Agent (such approval shall not to be unreasonably withheld withheld, conditioned or delayed)).

Incremental Facilities. (a) The Borrower From time to time, the Company may on one or more occasions, by written notice to the Agent, request Administrative Agent elect to increase the establishment, during the Availability Period, of Incremental Commitments; provided that the aggregate amount of all the Commitments (any such increase, an “Incremental Commitments established hereunder Commitment”) in an amount that may be incurred in compliance with this Agreement (including, without limitation, Sections 10.1 and 10.3), which shall be in an amount not exceed $less than €25,000,000 during individually (or such lesser amount which shall be approved by the term Administrative Agent), and integral multiples of this Agreement€5,000,000 in excess of that amount. Each such notice shall specify (Ax) the date (each, an “Increased Amount Date”) on which the Borrower Company proposes that the Incremental Commitments Commitment shall be effective, which shall be a date not less than five (5) 5 Business Days (or such shorter period as may be agreed to by the Agent) after the date on which such notice is delivered to the Agent, Administrative Agent (or such shorter notice period as the Administrative Agent may agree in its sole discretion) and (By) the amount identity of each Lender or other Person (each, an “Incremental Lender”) to whom the Company proposes provide any portion of such Incremental Commitments being requested (it being agreed Commitment; provided that (x) any Lender approached to provide any all or a portion of the Incremental Commitment may elect or decline, in its sole discretion, to provide such an Incremental Commitment. Such Incremental Commitment and (y) any Person that the Borrower proposes to shall become an Incremental Lendereffective, if as of such Person is not then a Lender, must be an Eligible Assignee and must be approved by the Agent, which approval shall not be unreasonably withheld or delayed).Increased Amount Date; provided that:

Incremental Facilities. (a) The Borrower may on one or more occasionsoccasions after the Funding Date, by written notice to the Administrative Agent, request the establishment, during the Availability Period, establishment of Incremental Term Commitments; , provided that the aggregate amount of all the Incremental Term Commitments established hereunder shall not exceed $25,000,000 250,000,000 during the term of this Agreement. Each such notice shall specify (A) the date on which the Borrower proposes that the Incremental Term Commitments shall be effective, which shall be a date not less than five (5) 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 Term Commitments being requested (it being agreed that (x) any Lender approached to provide any Incremental Term Commitment may elect or decline, in its sole discretion, to provide such Incremental Term Commitment and (y) any Person that the Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by the Agent, which approval shall Borrower and the Administrative Agent (such approvals not to be unreasonably withheld or delayedwithheld)).

Incremental Facilities. (a) The Subject to the terms of the NBA Consent Letter in each event, the Borrower may on one or more occasions, by written notice to the Agent, request the establishment, during the Availability Period, of Incremental Commitments; , provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed $25,000,000 125,000,000 during the term of this Agreement. Each such notice shall specify (AAi) the date on which the Borrower proposes that the Incremental Commitments shall be effective, which shall be a date not less than five (5) Business Days (or such shorter period as may be agreed to by the Agent) after the date on which such notice is delivered to the Agent, and (BBii) the amount of the Incremental Commitments Commitments, being requested (it being agreed that (xxA) any Lender approached to provide any Incremental Commitment may elect or decline, in its sole discretion, to provide such Incremental Commitment and (yyB) any Person that the Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by the Agent, which approval shall not be unreasonably withheld or delayed).

Incremental Facilities. (a) The Borrower may on one or more occasions, by written notice to the Administrative Agent, request the establishment, during the Availability Period, establishment of Incremental Commitments; provided that that, immediately after giving effect to the aggregate amount establishment of each Incremental Commitment and the incurrence of all Debt thereunder, the Incremental Commitments established hereunder Total Leverage Ratio computed on a pro forma basis shall not exceed $25,000,000 during the term of this Agreementbe greater than 2.50 to 1.00. Each such notice shall specify (Ai) the date on which the Borrower proposes that the Incremental Commitments shall be effective, which shall be a date not less than five (5) 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 Agent, Administrative Agent and (Bii) the amount of the Incremental Commitments being requested (it being agreed that (xA) any Lender approached to provide any Incremental Commitment may elect or decline, in its sole discretion, to provide such Incremental Commitment and (yB) any Person that the Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by otherwise satisfy the Agent, which approval shall not be unreasonably withheld or delayedrequirements of Section 12.04(b)(i)).

Incremental Facilities. (a) The Subject to the terms of the NBA Consent Letter in each event, the HoldCo Borrower may on one or more occasions, by written notice to the Agent, request the establishment, during the Availability Period, of Incremental Commitments; , provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed $25,000,000 during the term of this Agreement. Each such notice shall specify (A) the date on which the HoldCo Borrower proposes that the Incremental Commitments shall be effective, which shall be a date not less than five (5) Business Days (or such shorter period as may be agreed to by the Agent) after the date on which such notice is delivered to the Agent, and (B) the amount of the Incremental Commitments Commitments, being requested (it being agreed that (x) any Lender approached to provide any Incremental Commitment may elect or decline, in its sole discretion, to provide such Incremental Commitment and (y) any Person that the HoldCo Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by the Agent, which approval shall not be unreasonably withheld or delayed).

Incremental Facilities. (a) The Borrower may on one or more occasions, by written notice to the Agent, request the establishment, during the Availability Period, of Incremental Commitments; , provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed $25,000,000 the Incremental Facility Maximum Amount during the term of this Agreement. Each such notice shall specify (AAi) the date on which the Borrower proposes that the Incremental Commitments shall be effective, which shall be a date not less than five (5) Business Days (or such shorter period as may be agreed to by the Agent) after the date on which such notice is delivered to the Agent, and (BBii) the amount of the Incremental Commitments Commitments, being requested (it being agreed that (xxA) any Lender approached to provide any Incremental Commitment may elect or decline, in its sole discretion, to provide such Incremental Commitment and (yyB) any Person that the Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by the Agent, which approval shall not be unreasonably withheld or delayed).

Incremental Facilities. (a) The Borrower may on one or more occasions, by written notice to the Administrative Agent, request the establishment, during the Availability Period, establishment of Incremental Commitments; , provided that the aggregate amount of all the any Incremental Commitments established hereunder shall not exceed $25,000,000 during the term amount of this Agreementadditional Indebtedness permitted at the time such Incremental Commitments are established to be Incurred under Section 9.01(b)(i). Each such notice shall specify (Ai) the date on which the Borrower proposes that the Incremental Commitments shall be effective, which shall be a date not less than five (5) 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 Agent, Administrative Agent and (Bii) the amount of the Incremental Commitments being requested (it being agreed that (xA) any Lender approached to provide any Incremental Commitment may elect or decline, in its sole discretion, to provide such Incremental Commitment and (yB) any Person that the Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by otherwise satisfy the Agent, which approval shall not be unreasonably withheld or delayedrequirements of Section 12.04(b)(i)).

Incremental Facilities. (a) The Subject to the terms of the NBA Consent Letter in each event, the Borrower may on one or more occasions, by written notice to the Agent, request the establishment, during the Availability Period, of Incremental Commitments; , provided that the aggregate amount of all the Incremental Commitments established hereunder shall not exceed $25,000,000 125,000,000 during the term of this Agreement. Each such notice shall specify (A) the date on which the Borrower proposes that the Incremental Commitments shall be effective, which shall be a date not less than five (5) Business Days (or such shorter period as may be agreed to by the Agent) after the date on which such notice is delivered to the Agent, and (B) the amount of the Incremental Commitments Commitments, being requested (it being agreed that (x) any Lender approached to provide any Incremental Commitment may elect or decline, in its sole discretion, to provide such Incremental Commitment and (y) any Person that the Borrower proposes to become an Incremental Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by the Agent, which approval shall not be unreasonably withheld or delayed).