Common use of Optional Increase in Commitments Clause in Contracts

Optional Increase in Commitments. At any time prior to the date that is forty-two (42) months after the date of this Agreement, provided no Event of Default shall have occurred and then be continuing, the Borrower may, if it so elects, increase the aggregate amount of the Commitments (subject to proviso (b) in the next sentence), either by designating a Qualified Institution not theretofore a Bank to become a 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 Bank or Banks that such Bank’s Commitment shall be increased. Upon execution and delivery by the Borrower and such Bank or other financial institution of an instrument in form reasonably satisfactory to the Administrative Agent, such existing Bank shall have a Commitment as therein set forth or such Qualified Institution shall become a Bank with a Commitment as therein set forth and all the rights and obligations of a Bank with such a Commitment hereunder; provided that: (a) the Borrower shall provide prompt notice of such increase to the Administrative Agent, who shall promptly notify the Banks; and (b) the amount of such increase, together with all other increases in the aggregate amount of the Commitments pursuant to this Section 9.15 since the date of this Agreement, does not cause the Loan Amount to exceed $650,000,000.

Optional Increase in Commitments. At any time prior (a) Subject to the date that is forty-two (42) months after the date of this Agreement, provided no Event of Default shall have occurred and then be continuingconditions set forth below, the Borrower may, if it so electsupon at least thirty (30) days prior written notice to the Agent and the Lenders, increase the aggregate amount of the Commitments (subject to proviso (b) in the next sentence)Total Commitments, either by designating a Qualified Institution lender not theretofore a Bank Lender to become a Bank Lender (such designation to be effective only with the prior written consent of the Administrative Agent, which consent will shall not be unreasonably withheld) and/or or by agreeing with an existing Bank or Banks Lender that such Bank’s Lender's Commitment shall be increased. Upon execution and delivery by increased (thus increasing the Borrower and such Bank or other financial institution of an instrument in form reasonably satisfactory to the Administrative Agent, such existing Bank shall have a Commitment as therein set forth or such Qualified Institution shall become a Bank with a Commitment as therein set forth and all the rights and obligations of a Bank with such a Commitment hereunderTotal Commitments); provided that: (ai) no Default or Event of Default shall have occurred and be continuing hereunder as of the effective date; (ii) any lender not theretofore a Lender shall meet the criteria set forth in the definition of Eligible Assignee; (iii) the representations and warranties made by the Borrower and contained in ARTICLE V shall provide prompt notice be true and correct on and as of the effective date with the same effect as if made on and as of such increase to the Administrative Agentdate (other than those representations and warranties that by their terms speak as of a particular date, who which representations and warranties shall promptly notify the Banksbe true and correct as of such particular date); and (biv) the amount of such increase, together with all other increases increase in the aggregate amount of the Total Commitments pursuant to this Section 9.15 since the date of this Agreementshall not be less than $25,000,000, does and shall not cause the Loan Amount Total Commitments to exceed $650,000,000.200,000,000;

Optional Increase in Commitments. At any time prior to the date that is forty-two (42) months after the date of this Agreementtime, provided if no -------------------------------- Event of Default or Default shall have occurred and then be continuing, the Borrower Borrowers may, if it they so electselect in their sole discretion, increase the aggregate amount of the Commitments (subject to proviso (b) in the next sentence)Total Commitment, either by designating a Qualified Institution person not theretofore a Bank Lender to become a 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 Lender or by agreeing with an existing Bank or Banks Lender that such Bank’s Lender's Commitment shall be increased. Upon execution and delivery by the Borrower Borrowers and such Bank Lender or other financial institution person of an instrument of assumption in form reasonably satisfactory to the Administrative Agent, such existing Bank Lender shall have a Commitment as therein set forth or such Qualified Institution other person shall become a Bank Lender with a Commitment as therein set forth and all the rights and obligations of a Bank Lender with such a Commitment hereunder; provided that:provided: -------- (a) that the Borrower Borrowers shall provide prompt notice of such increase to the Administrative Agent, who shall promptly notify the Banksother Lenders; (b) that the Commitment of any Lender does not exceed 10% of the Total Commitment after such increase; and (bc) that the amount of such increase, together with all other increases in the aggregate amount of the Commitments pursuant to this Section 9.15 2.22 since the date of this Agreement, does not cause the Loan Amount to exceed $650,000,000375,000,000.