Common use of Request for Increases to Commitments Clause in Contracts

Request for Increases to Commitments. The Parent Borrower shall have the right at any time prior to the date that is 30 days prior to the Maturity Date to increase the Tranche A Commitments hereunder by an amount (for all such requests) not exceeding $500,000,000 and to increase the Tranche B Commitments hereunder by an amount (for all such requests) not exceeding $200,000,000 by adding to this Agreement one or more other Eligible Assignees (which may include any existing Lender, with the consent of such Lender in its sole discretion) (each such bank, a “Supplemental Lender”) with the approval of (x) the Administrative Agent (which approval shall not be unreasonably withheld or delayed); provided that no consent of the Administrative Agent will be required in the case of any such Eligible Assignee that is a Lender or an Affiliate of a Lender and (y) each Fronting Bank (which approval shall not be unreasonably withheld or delayed), provided that (i) each Supplemental Lender shall have entered into an agreement pursuant to which such Supplemental Lender shall undertake a Commitment (or, if such Supplemental Lender is an existing Lender, pursuant to which its Commitment shall be increased), (ii) such Commitment of any Supplemental Lender that is not an existing Lender shall be in an amount of at least $25,000,000, (iii) such Commitment (together with the increased Commitment(s) of all other Supplemental Lenders being provided at such time) shall be in an aggregate amount of at least $25,000,000, and (iv) if such Supplemental Lender will need to be a Participating Bank, a Fronting Bank shall have agreed to front for such Supplemental Lender under Several Letters of Credit on terms satisfactory to such Fronting Bank.

Appears in 2 contracts

Sources: Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.)

Request for Increases to Commitments. The Parent Borrower shall have the right at any time prior to the date that is 30 days prior to the Maturity Date to increase the Tranche A Commitments hereunder by to an amount (for all such requests) not exceeding $500,000,000 and to 1,500,000,000 in the aggregate; provided that the Parent Borrower shall not request more than five (5) such increases in the aggregate during the term of this Agreement. Any such increase the Tranche B Commitments may be effected (x) by including as a Lender hereunder with a new Commitment any Person that would be an Eligible Assignee and/or (y) by an amount (for all such requests) not exceeding $200,000,000 by adding to this Agreement having one or more other Eligible Assignees existing Lenders increase their Commitments then in effect (which may include any existing Lender, with the consent of each such Lender in its sole discretion) (each such banknew or increasing Lender, a “Supplemental Lender”); provided that (A) with each Supplemental Lender shall be subject to the approval approvals of (x) the Administrative Agent and the Fronting Banks (which approval approvals shall not be unreasonably withheld or delayed); provided that no consent of the Administrative Agent will ) if such approvals would be required in the case of any such Eligible Assignee that is a Lender or under Section 10.06(b)(iii) for an Affiliate of a Lender and (y) each Fronting Bank (which approval shall not be unreasonably withheld or delayed), provided that (i) each Supplemental Lender shall have entered into an agreement pursuant assignment to which such Supplemental Lender shall undertake a Commitment (or, if such Supplemental Lender is an existing Lender, pursuant to which its Commitment shall be increased), (iiB) such Commitment of any Supplemental Lender that is not an existing Lender shall be in an amount of at least $25,000,000, (iiiC) such Commitment (together with the increased Commitment(s) of all other Supplemental Lenders being provided at such time) shall be in an aggregate amount of the increase of the Commitments effected on any day shall be at least $25,000,000, and (ivD) if such Supplemental Lender will need to be a Participating Bank, a Fronting Bank shall have agreed to front for such Supplemental Lender under Several Letters of Credit on terms satisfactory to such Fronting Bank.

Appears in 2 contracts

Sources: Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.)

Request for Increases to Commitments. The Parent Borrower shall have the right at any time prior to the date that is 30 days prior to the Maturity Date (i) to increase the Tranche A Commitments hereunder by an amount (for all such requestsincreases) not exceeding $500,000,000 350,000,000 and (ii) to increase the Tranche B Commitments; provided that after giving effect to each such increase of the Tranche B Commitments, the aggregate amount of the Tranche B Commitments plus the Term Obligations shall not exceed $750,000,000 in the aggregate, as determined on the applicable effective date of such increase. Any such increase may be effected (x) by including as a Lender hereunder with a new Commitment any Person that would be an Eligible Assignee and/or (y) by an amount (for all such requests) not exceeding $200,000,000 by adding to this Agreement having one or more other Eligible Assignees existing Lenders increase their Commitments then in effect (which may include any existing Lender, with the consent of each such Lender in its sole discretion) (each such banknew or increasing Lender, a “Supplemental Lender”); provided that (A) with each Supplemental Lender shall be subject to the approval approvals of (x) the Administrative Agent and the Fronting Banks (which approval approvals shall not be unreasonably withheld or delayed); provided that no consent of the Administrative Agent will ) if such approvals would be required in the case of any such Eligible Assignee that is a Lender or under Section 10.06(b)(iii) for an Affiliate of a Lender and (y) each Fronting Bank (which approval shall not be unreasonably withheld or delayed), provided that (i) each Supplemental Lender shall have entered into an agreement pursuant assignment to which such Supplemental Lender shall undertake a Commitment (or, if such Supplemental Lender is an existing Lender, pursuant to which its Commitment shall be increased), (iiB) such Commitment of any Supplemental Lender that is not an existing Lender shall be in an amount of at least $25,000,000, (iiiC) such Commitment (together with the increased Commitment(s) of all other Supplemental Lenders being provided at such time) shall be in an aggregate amount of the increase of the Commitments effected on any day shall be at least $25,000,000, and (ivD) if such Supplemental Lender will need to be a Participating Bank, a Fronting Bank shall have agreed to front for such Supplemental Lender under Several Letters of Credit on terms satisfactory to such Fronting Bank.

Appears in 1 contract

Sources: Credit Agreement (Arch Capital Group Ltd.)

Request for Increases to Commitments. The Parent Borrower AXIS Capital shall have the right at any time prior to the date that is 30 days prior to the Maturity Date to increase the Tranche A aggregate Commitments hereunder by an amount (for all such requests) not exceeding $500,000,000 and to increase the Tranche B Commitments hereunder by an amount (for all such requests) not exceeding $200,000,000 150,000,000 by adding to this Agreement one or more other Eligible Assignees (which may include any existing Lender, with the consent of such Lender in its sole discretion) (each such bank, a “Supplemental Lender”) with the approval of (x) the Administrative Agent (which approval shall not be unreasonably withheld or delayed); provided that no consent of the Administrative Agent will be required in the case of any such Eligible Assignee that is a Lender, an Affiliate of a Lender or an Affiliate of Approved Fund with respect to a Lender and (y) each Fronting Bank (which approval shall not be unreasonably withheld or delayed), provided that (i) each Supplemental Lender shall have entered into an agreement pursuant to which such Supplemental Lender shall undertake a Commitment (or, if such Supplemental Lender is an existing Lender, pursuant to which its Commitment shall be increased), (ii) such Commitment of any Supplemental Lender that is not an existing Lender shall be in an amount of at least $25,000,00025,000,000 or, if higher, a multiple of $1,000,000, (iii) such Commitment (together with the increased Commitment(s) of all other Supplemental Lenders being provided at such time) shall be in an aggregate amount of at least $25,000,00025,000,000 or, if higher, a multiple of $1,000,000, and (iv) if such Supplemental Lender will need to be a Participating Bank, a Fronting Bank shall have agreed to front for such Supplemental Lender under Several Letters of Credit on terms satisfactory to such Fronting Bank.

Appears in 1 contract

Sources: Credit Agreement (Axis Capital Holdings LTD)

Request for Increases to Commitments. The Parent Borrower AXIS Capital shall have the right at any time prior to the date that is 30 days prior to the Maturity Date to increase the Tranche A aggregate Commitments hereunder by an amount (for all such requests) not exceeding $500,000,000 and to increase the Tranche B Commitments hereunder by an amount (for all such requests) not exceeding $200,000,000 250,000,000 by adding to this Agreement one or more other Eligible Assignees (which may include any existing Lender, with the consent of such Lender in its sole discretion) (each such bank, a “Supplemental Lender”) with the approval of (x) the Administrative Agent (which approval shall not be unreasonably withheld or delayed); provided that no consent of the Administrative Agent will be required in the case of any such Eligible Assignee that is a Lender, an Affiliate of a Lender or an Affiliate of Approved Fund with respect to a Lender and (y) each Fronting Bank (which approval shall not be unreasonably withheld or delayed), provided that (i) each Supplemental Lender shall have entered into an agreement pursuant to which such Supplemental Lender shall undertake a Commitment (or, if such Supplemental Lender is an existing Lender, pursuant to which its Commitment shall be increased), (ii) such Commitment of any Supplemental Lender that is not an existing Lender shall be in an amount of at least $25,000,000, (iii) such Commitment (together with the increased Commitment(s) of all other Supplemental Lenders being provided at such time) shall be in an aggregate amount of at least $25,000,000, and (iv) if such Supplemental Lender will need to be a Participating Bank, a Fronting Bank shall have agreed to front for such Supplemental Lender under Several Letters of Credit on terms satisfactory to such Fronting Bank.

Appears in 1 contract

Sources: Credit Agreement (Axis Capital Holdings LTD)

Request for Increases to Commitments. The Parent Borrower shall have the right at any time prior to the date that is 30 days prior to the Maturity Date to increase the Tranche A Commitments hereunder by to an amount (for all such requests) not exceeding $500,000,000 and to 1,250,000,000 in the aggregate; provided that the Parent Borrower shall not request more than five (5) such increases in the aggregate during the term of this Agreement. Any such increase the Tranche B Commitments may be effected (x) by including as a Lender hereunder with a new Commitment any Person that would be an Eligible Assignee and/or (y) by an amount (for all such requests) not exceeding $200,000,000 by adding to this Agreement having one or more other Eligible Assignees existing Lenders increase their Commitments then in effect (which may include any existing Lender, with the consent of each such Lender in its sole discretion) (each such banknew or increasing Lender, a “Supplemental Lender”); provided that (A) with each Supplemental Lender shall be subject to the approval approvals of (x) the Administrative Agent and the Fronting Banks (which approval approvals shall not be unreasonably withheld or delayed); provided that no consent of the Administrative Agent will ) if such approvals would be required in the case of any such Eligible Assignee that is a Lender or under Section 10.06(b)(iii) for an Affiliate of a Lender and (y) each Fronting Bank (which approval shall not be unreasonably withheld or delayed), provided that (i) each Supplemental Lender shall have entered into an agreement pursuant assignment to which such Supplemental Lender shall undertake a Commitment (or, if such Supplemental Lender is an existing Lender, pursuant to which its Commitment shall be increased), (iiB) such Commitment of any Supplemental Lender that is not an existing Lender shall be in an amount of at least $25,000,000, (iiiC) such Commitment (together with the increased Commitment(s) of all other Supplemental Lenders being provided at such time) shall be in an aggregate amount of the increase of the Commitments effected on any day shall be at least $25,000,000, and (ivD) if such Supplemental Lender will need to be a Participating Bank, a Fronting Bank shall have agreed to front for such Supplemental Lender under Several Letters of Credit on terms satisfactory to such Fronting Bank.

Appears in 1 contract

Sources: Credit Agreement (Arch Capital Group Ltd.)

Request for Increases to Commitments. The Parent Borrower shall have the right at any time prior to the date that is 30 days prior to the Maturity Date to increase the Tranche A Commitments hereunder by to an amount (for all such requests) not exceeding $500,000,000 and to 1,250,000,000 in the aggregate; provided that the Parent Borrower shall not request more than five (5) such increases in the aggregate during the term of this Agreement. Any such increase the Tranche B Commitments may be effected (x) by including as a Lender hereunder with a new Commitment any Person that would be an Eligible Assignee and/or (y) by an amount (for all such requests) not exceeding $200,000,000 by adding to this Agreement having one or more other Eligible Assignees existing Lenders increase their Commitments then in effect (which may include any existing Lender, with the consent of each such Lender in its sole discretion) (each such banknew or increasing Lender, a 64 “Supplemental Lender”); provided that (A) with each Supplemental Lender shall be subject to the approval approvals of (x) the Administrative Agent and the Fronting Banks (which approval approvals shall not be unreasonably withheld or delayed); provided that no consent of the Administrative Agent will ) if such approvals would be required in the case of any such Eligible Assignee that is a Lender or under Section 10.06(b)(iii) for an Affiliate of a Lender and (y) each Fronting Bank (which approval shall not be unreasonably withheld or delayed), provided that (i) each Supplemental Lender shall have entered into an agreement pursuant assignment to which such Supplemental Lender shall undertake a Commitment (or, if such Supplemental Lender is an existing Lender, pursuant to which its Commitment shall be increased), (iiB) such Commitment of any Supplemental Lender that is not an existing Lender shall be in an amount of at least $25,000,000, (iiiC) such Commitment (together with the increased Commitment(s) of all other Supplemental Lenders being provided at such time) shall be in an aggregate amount of the increase of the Commitments effected on any day shall be at least $25,000,000, and (ivD) if such Supplemental Lender will need to be a Participating Bank, a Fronting Bank shall have agreed to front for such Supplemental Lender under Several Letters of Credit on terms satisfactory to such Fronting Bank.

Appears in 1 contract

Sources: Credit Agreement (Arch Capital Group Ltd.)