Optional Increase in Commitments. At any time, if no -------------------------------- Event of Default or Default shall have occurred and be continuing, the Borrowers may, if they so elect in their sole discretion, increase the Total Commitment, either by designating a person not theretofore a Lender to become a Lender or by agreeing with an existing Lender that such Lender's Commitment shall be increased. Upon execution and delivery by the Borrowers and such Lender or other person of an instrument of assumption in form reasonably satisfactory to the Agent, such existing Lender shall have a Commitment as therein set forth or such other person shall become a Lender with a Commitment as therein set forth and all the rights and obligations of a Lender with such a Commitment hereunder; provided: -------- (a) that the Borrowers shall provide prompt notice of such increase to the Agent, who shall promptly notify the other Lenders; (b) that the Commitment of any Lender does not exceed 10% of the Total Commitment after such increase; and (c) that the amount of such increase, together with all other increases in Commitments pursuant to this Section 2.22 since the date of this Agreement, does not exceed $375,000,000.
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Sources: 364 Day Revolving Credit Agreement (Penney J C Funding Corp)
Optional Increase in Commitments. At any timetime prior to the date that is forty-two (42) months after the date of this Agreement, if provided no -------------------------------- Event of Default or Default shall have occurred and then be continuing, the Borrowers Borrower may, if they it so elect in their sole discretionelects, increase the Total Commitmentaggregate amount of the Commitments (subject to proviso (b) in the next sentence), either by designating a person Qualified Institution not theretofore a Lender Bank to become a Lender or Bank (such designation to be effective only with the prior written consent of the Administrative Agent, which consent will not be unreasonably withheld) and/or by agreeing with an existing Lender Bank or Banks that such Lender's Bank’s Commitment shall be increased. Upon execution and delivery by the Borrowers Borrower and such Lender Bank or other person financial institution of an instrument of assumption in form reasonably satisfactory to the Administrative Agent, such existing Lender Bank shall have a Commitment as therein set forth or such other person Qualified Institution shall become a Lender Bank with a Commitment as therein set forth and all the rights and obligations of a Lender Bank with such a Commitment hereunder; provided: --------provided that:
(a) that the Borrowers Borrower shall provide prompt notice of such increase to the Administrative Agent, who shall promptly notify the other Lenders;Banks; and
(b) that the Commitment of any Lender does not exceed 10% of the Total Commitment after such increase; and
(c) that the amount of such increase, together with all other increases in the aggregate amount of the Commitments pursuant to this Section 2.22 9.15 since the date of this Agreement, does not cause the Loan Amount to exceed $375,000,000650,000,000.
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Optional Increase in Commitments. At any timetime prior to the date that is forty-two (42) months after the date of this Agreement, if provided no -------------------------------- Event of Default or Default shall have occurred and then be continuing, the Borrowers Borrower may, if they it so elect in their sole discretionelects, increase the Total Commitmentaggregate amount of the Commitments (subject to proviso (b) in the next sentence), either by designating a person Qualified Institution not theretofore a Lender Bank to become a Lender or Bank (such designation to be effective only with the prior written consent of the Administrative Agent, which consent will not be unreasonably withheld) and/or by agreeing with an existing Lender Bank or Banks that such Lender's Bank’s Commitment shall be increased, it being understood that no such existing Bank or Banks shall have any obligation to so increase its Commitment). Upon execution and delivery by the Borrowers Borrower and such Lender Bank or other person financial institution of an instrument of assumption in form reasonably satisfactory to the Administrative Agent, such existing Lender Bank shall have a Commitment as therein set forth or such other person Qualified Institution shall become a Lender Bank with a Commitment as therein set forth and all the rights and obligations of a Lender Bank with such a Commitment hereunder; provided: --------provided that:
(a) that the Borrowers Borrower shall provide prompt notice of such increase to the Administrative Agent, who shall promptly notify the other Lenders;Banks and shall deliver a Notice of Borrowing for the full amount of such increase no later than three (3) Business Days thereafter; and
(b) that the Commitment of any Lender does not exceed 10% of the Total Commitment after such increase; and
(c) that the amount of such increase, together with all other increases in the aggregate amount of the Commitments pursuant to this Section 2.22 9.16 since the date of this Agreement, does not cause the Loan Amount to exceed $375,000,000250,000,000.
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