Incremental Loan Commitments. Borrower may, by written notice to Agent (each, an “Incremental Loan Request”), request one or more increases in the Loan Commitment (each, an “Incremental Loan Commitment” and the loans thereunder, each an “Incremental Loan”) at any time; provided that no commitment of any Lender shall be increased without the consent of such Lender in such Lender’s sole discretion and no Lender shall be required to participate in any Incremental Loan. Each Incremental Loan Request shall set forth (x) the amount of the Incremental Loan Commitment being requested (which shall be in a minimum amount of $1,000,000 and multiples of $500,000 in excess thereof) and (y) the date on which such Incremental Loan is requested to become effective (which, unless otherwise agreed by Agent and the Lenders providing such Incremental Loan, shall not be less than six (6) days nor more than sixty (60) days after the date of any Incremental Loan Request (the “Incremental Effective Date”)). Upon delivery of the applicable Incremental Loan Request to Agent, such Incremental Loan Commitment shall be offered to all Lenders pro rata according to the respective outstanding principal amounts of the Loans and Loan Commitments held by each Lender (or in such other proportion as may be agreed by the Lenders and the Agent). The Agent shall have up to ten (10) Business Days to deliver a response regarding the amount of the requested Incremental Loan that the Lenders will provide. If the existing Lenders fail to provide the full amount of the requested Incremental Loan, the Borrower may offer any portion of the requested Incremental Loan that is not provided by the existing Lenders to new lenders which may join this Agreement, with all terms and conditions to such Incremental Loans remaining unchanged with the possible exception of any mutually agreed amendments to the interest rate and fees to be applicable to such Incremental Loans.
Incremental Loan Commitments. A. Company may, by written notice to Administrative Agent from time to time, request Incremental Loan Commitments in an aggregate amount not to exceed $1,000,000,000 from one or more Incremental Lenders (which may include any existing Lender) willing to provide such Incremental Loan Commitments in their own discretion; provided that each Incremental Lender (other than any existing Lender or Affiliate of such Lender or an Approved Fund) shall be subject to the approval of Administrative Agent (not to be unreasonably withheld or delayed). Such notice shall set forth (i) the amount of the Incremental Loan Commitments being requested, (ii) the date on which such Incremental Loan Commitments are requested to become effective and (iii) whether such Incremental Loan Commitments are commitments to make an Incremental Revolving Loan Commitment, additional 5-Year Term Loans or term loans with terms different from the 5-Year Term Loans (“Other Term Loans”).
Incremental Loan Commitments. (a) So long as no Default or Event of Default then exists or would result therefrom, the Borrower shall, in consultation with the Administrative Agent, have the right to request on one or more occasions on and after the Initial Borrowing Date and prior to the Incremental Commitment Termination Date that one or more Lenders (and/or one or more other Persons which will become Lenders as provided below) provide Incremental Commitments under any Tranche and, subject to the terms and conditions contained in this Agreement, make Incremental Term Loans pursuant thereto or increase its Revolving Loan Commitment, as the case may be, it being understood and agreed, however, that
Incremental Loan Commitments. Subject to the terms and conditions set forth in this Amendment and in the Form A&R Credit Agreement, each of CCP and Xxxxxxxxx (in such capacity, collectively, the “Incremental Lenders” and each, an “Incremental Lender”) hereby, severally and not jointly, commits to provide to Borrower 78.4% and 21.6%, respectively, of the aggregate principal amount of the Incremental Loan (each such Incremental Lender’s commitment, an “Incremental Commitment”); provided, that such Incremental Commitments shall expire upon the earlier of (a) the funding of such Incremental Lender’s Incremental Loan pursuant to the Amended and Restated Credit Agreement and (b) March 31, 2019 (the “Commitments Outside Date”); provided, however, that any Incremental Lender may terminate its Incremental Commitment hereunder in its sole discretion prior to the Commitments Outside Date if (x) Borrower has not filed a preliminary proxy statement with the Securities and Exchange Commission in connection with the Shareholder Approval on or prior to January 23, 2019, or (y) if the Amended and Restated Credit Agreement shall not have become effective on or prior to February 28, 2019 or (z) there has been a substantial change in the leadership team of the Borrower or the Parent Guarantor as determined by the Incremental Lenders in their reasonable discretion, other than such potential changes that have been disclosed to CCP prior to the date hereof.
Incremental Loan Commitments. (a) So long as no Default or Event of Default has occurred and is continuing or would result therefrom, the Borrower shall, in consultation with the Administrative Agent, have the right to request on one or more occasions on and after the Effective Date and prior to the Incremental Commitment Termination Date that one or more Lenders (and/or one or more other Persons identified by the Borrower in consultation with the Administrative Agent which are Eligible Transferees and which will become Lenders in accordance with this Agreement) provide Incremental Commitments and, subject to the terms and conditions contained in this Agreement, make Incremental Term Loans pursuant thereto or increase its Credit-Linked Commitment or Revolving Loan Commitment, as the case may be, it being understood and agreed, however, that
Incremental Loan Commitments. (a) The Borrower may, at any time or from time to time on one or more occasions after the Closing Date, by written notice to the Administrative Agent from time to time, establish Incremental Loan Commitments in an amount not to exceed the Incremental Amount available at the time such Incremental Loan Commitments are established; provided that (i) any Initial Lender may elect or decline, in its sole discretion, to provide such Incremental Loan Commitment and (ii) any Incremental Loan consisting of New Issue Incremental First-Lien Term Indebtedness shall be subject to the Initial Lenders' right to make a definitive offer to the Borrower on such First-Lien Indebtedness as described in the last paragraph of Section 8.1. Such notice shall set forth (i) the amount of the Incremental Loan Commitments being established (which shall be in minimum increments of $2,000,000 and a minimum amount of $10,000,000, or equal to the remaining Incremental Amount or, in each case, such lesser amount approved by the Administrative Agent), (ii) the date on which such Incremental Loan Commitments are requested to become effective and (iii) whether such Incremental Loan Commitments are to be
Incremental Loan Commitments. Section 2.01(d) of the Credit Agreement shall be amended to read in its entirety as follows:
Incremental Loan Commitments. Each Lender providing an Incremental Loan Commitment hereunder (including the New Lenders), by its execution of this Amendment, hereby acknowledges, agrees and confirms its Revolving Credit Commitment in the aggregate principal amount for such Lender as set forth on Schedule 2.1 attached hereto (which includes the Incremental Loan Commitments for such Lender) and its obligation to make its portion of the Revolving Credit Loans to the Borrower from time to time in accordance with the provisions of the Credit Agreement. Each of the parties hereto acknowledges and agrees that, after giving effect to this Amendment, the Borrower shall have established all of the Incremental Loan Commitments permitted under Section 5.13 of the Credit Agreement and thereafter there shall be no additional Incremental Loan Commitments established or Incremental Term Loans made pursuant to Section 5.13 of the Credit Agreement.
Incremental Loan Commitments. (a) So long as no Default or Event of Default then exists or would result therefrom, the Borrower shall, in consultation with the Administrative Agent, have the right to request on one or more occasions on and after the Initial Borrowing Date and prior to the Incremental Term Loan Commitment Termination Date that one or more Lenders (and/or one or more other Persons which will become Lenders as provided below) provide Incremental Term Loan Commitments under any Tranche of Term Loans (including a New Tranche or an existing Tranche, but excluding the Tranche of Euro Term Loans) and, subject to the terms and conditions contained in this Agreement, make Incremental Term Loans pursuant thereto, it being understood and agreed, however, that:
Incremental Loan Commitments. On the Increased Amount Date, (a) Xxxxx Fargo agrees to extend an Incremental Loan Commitment to the Borrower in the principal amount of $7,500,000, (b) U.S. Bank National Association (“U.S. Bank”) agrees to extend an Incremental Loan Commitment to the Borrower in the principal amount of $7,500,000, (c) Branch Banking and Trust Company (“BB&T”) agrees to extend an Incremental Loan Commitment to the Borrower in the principal amount of $5,000,000 and (d) JPMorgan agrees to extend an Incremental Loan Commitment to the Borrower in the principal amount of $30,000,000. After giving effect to such Incremental Loan Commitments, the Revolving Credit Commitment and Revolving Credit Commitment Percentage of each Revolving Credit Lender are as set forth on Schedule A to this Agreement.
