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.
Appears in 1 contract
Sources: 364 Day Revolving Credit Agreement (Penney J C Funding Corp)
Optional Increase in Commitments. At any time, if no -------------------------------- Event of Default or Default shall have occurred and be continuing(a) Subject to the conditions set forth below, the Borrowers Borrower may, if they so elect in their sole discretionupon at least thirty (30) days prior written notice to the Agent and the Lenders, increase the Total CommitmentCommitments, either by designating a person lender not theretofore a Lender to become a Lender (such designation to be effective only with the prior written consent of the Agent, which consent shall not be unreasonably withheld) or by agreeing with an existing Lender that such Lender's Commitment shall be increased. Upon execution and delivery by increased (thus increasing the Borrowers and such Lender Total Commitments); provided that:
(i) no Default or other person Event of an instrument of assumption in form reasonably satisfactory to the Agent, such existing Lender Default shall have a Commitment occurred and be continuing hereunder as therein set forth or such other person shall become a Lender with a Commitment as therein set forth and all of 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 Lenderseffective date;
(bii) that any lender not theretofore a Lender shall meet the Commitment criteria set forth in the definition of any Lender does not exceed 10% Eligible Assignee;
(iii) the representations and warranties made by the Borrower and contained in ARTICLE V shall be true and correct on and as of the Total Commitment after effective date with the same effect as if made on and as of such increasedate (other than those representations and warranties that by their terms speak as of a particular date, which representations and warranties shall be true and correct as of such particular date); and
(civ) that the amount of such increaseincrease in the Total Commitments shall not be less than $25,000,000, together with all other increases in and shall not cause the Total Commitments pursuant to this Section 2.22 since the date of this Agreement, does not exceed $375,000,000.200,000,000;
Appears in 1 contract
Sources: Credit Agreement (Lason Inc)