Common use of Revolving Commitment Increase Clause in Contracts

Revolving Commitment Increase. Subject to the terms and conditions set forth herein, each party hereto acknowledges and agrees that (a) the Revolving Credit Commitments shall be increased by $30,000,000 on the Second Incremental Amendment Effective Date (as defined below) (such increase in commitments, the “Revolving Credit Commitment Increase”), (b) from and after the Second Incremental Amendment Effective Date (i) the aggregate amount of Revolving Credit Commitments shall be $160,000,000, (ii) the Incremental Revolving Lender shall have a Revolving Credit Commitment of $30,000,000 and (iii) the Incremental Revolving Lender shall for all purposes be deemed a Revolving Credit Lender, (c) for the avoidance of doubt, the Incremental Revolving Lender’s Revolving Credit Commitments shall be of the same Class and subject to identical terms (including, without limitation, with respect to the Applicable Rate, Maturity Date and commitment fees) as the Revolving Credit Commitments existing immediately prior to giving effect to this Amendment and (d) the Borrower has elected to use clause (a) of the definition of “Available Incremental Amount” to effectuate the increase in Revolving Credit Commitments contemplated hereby. Furthermore, the Incremental Revolving Lender, by delivering its signature page to this Amendment on the Second Incremental Amendment Effective Date, (i) confirms that it has received a copy of the Credit Agreement and the other Loan Documents, together with copies of the financial statements referred to therein and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) agrees that it will, independently and without reliance upon the Administrative Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Amended Credit Agreement; (iii) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers under the Amended Credit Agreement and the other Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (iv) agrees that it will perform in accordance with their terms all of the obligations which by the terms of the Amended Credit Agreement are required to be performed by it as a Revolving Credit Lender.

Revolving Commitment Increase. (a) Subject to the terms and satisfaction or waiver of the conditions set forth hereinin Section 5 hereof, each party hereto acknowledges on the Tenth Amendment Effective Date, (i) the Incremental Revolving Lender irrevocably (x) in its capacity as an Incremental Revolving Lender, consents to the terms of this Amendment and agrees that (ay) commits to provide the entire Incremental Revolving Increase (the “Incremental Revolving Commitment”), (ii) the Incremental Revolving Commitment shall become effective and (iii) the Revolving Credit Commitments shall be deemed increased by an aggregate principal amount of $30,000,000 on 50,000,000. Pursuant to Section 2.17 of the Second Incremental Amendment Effective Date (as defined below) (such increase in commitmentsAmended Credit Agreement, the “Incremental Revolving Commitment shall be a Revolving Credit Commitment Increase”), for all purposes under the Amended Credit Agreement and each of the other Loan Documents and shall have terms identical to the existing Revolving Credit Facility under the Amended Credit Agreement immediately prior to the date hereof (but giving effect to any amendments hereunder) other than with respect to upfront fees and customary arranger fees. This Amendment shall constitute notice to the Administrative Agent required under Section 2.17(a) of the Credit Agreement. (b) from The Incremental Revolving Lender acknowledges and after agrees that upon the Second Incremental Tenth Amendment Effective Date (i) the aggregate amount of Revolving Credit Commitments shall be $160,000,000Date, (ii) the Incremental Revolving Lender shall have be a Revolving Credit Commitment of $30,000,000 “Lender” under, and (iii) the Incremental Revolving Lender shall for all purposes be deemed a Revolving Credit Lender, (c) for the avoidance of doubt, the Incremental Revolving Lender’s Revolving Credit Commitments shall be of the same Class and subject to identical terms (including, without limitation, with respect to the Applicable Rate, Maturity Date and commitment fees) as the Revolving Credit Commitments existing immediately prior to giving effect to this Amendment and (d) the Borrower has elected to use clause (a) of the definition of “Available Incremental Amount” to effectuate the increase in Revolving Credit Commitments contemplated hereby. Furthermore, the Incremental Revolving Lender, by delivering its signature page to this Amendment on the Second Incremental Amendment Effective Date, (i) confirms that it has received a copy of the Amended Credit Agreement and the other Loan Documents, together with and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. The Incremental Revolving Lender also acknowledges and agrees that it has (x) received a copy of the Existing Credit Agreement, and has received or has been accorded the opportunity to receive copies of the most recent financial statements referred delivered pursuant to therein Section 6.01 thereof, as applicable, and such other documents and information as it has deemed deems appropriate to make its own credit analysis and decision to enter into this Amendment; Amendment and (iiy) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the timehas deemed appropriate, continue to make made its own credit decisions in taking or not taking action under the Amended Credit Agreement; analysis and decision to enter into this Amendment. (iiic) appoints and authorizes the Administrative Agent The parties hereto agree that, after giving effect to take such action as agent on its behalf and to exercise such powers under the Amended Credit Agreement this Amendment and the other Loan Documents as are delegated to Incremental Revolving Commitment, the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (iv) agrees that it will perform in accordance with their terms all Revolving Credit Commitments of the obligations which by the terms of the Amended Credit Agreement are required to be performed by it as a Revolving Credit LenderLenders are as set forth on Schedule I hereto.

Revolving Commitment Increase. Subject 1. The Borrower, the Administrative Agent and each Lender hereby agree that, upon and subject to the terms occurrence of the Amendment Effective Date, the Revolving Commitments of each Revolving Lender as set forth opposite such Revolving Lender’s name on Schedule 2 hereto shall become effective. The Revolving Commitments as restated pursuant to this Section 3 shall be Revolving Commitments for all purposes under the Credit Agreement and conditions each of the other Loan Documents and, except as expressly set forth herein, each party hereto shall have terms identical to the Revolving Commitments outstanding under the Credit Agreement immediately prior to the Amendment Effective Date. 2. Each New Revolving Lender acknowledges and agrees that (a) upon the Revolving Credit Commitments shall be increased by $30,000,000 on the Second Incremental Amendment Effective Date (as defined below) (such increase in commitments, the “Revolving Credit Commitment Increase”), (b) from and after the Second Incremental Amendment Effective Date (i) the aggregate amount of Revolving Credit Commitments shall be $160,000,000, (ii) the Incremental Revolving Lender shall have a Revolving Credit Commitment of $30,000,000 and (iii) the Incremental Revolving Lender shall for all purposes be deemed a Revolving Credit Lender, (c) for the avoidance of doubt, the Incremental Revolving Lender’s Revolving Credit Commitments shall be of the same Class and subject to identical terms (including, without limitation, with respect to the Applicable Rate, Maturity Date and commitment fees) as the Revolving Credit Commitments existing immediately prior to giving effect to this Amendment and (d) the Borrower has elected to use clause (a) of the definition of “Available Incremental Amount” to effectuate the increase in Revolving Credit Commitments contemplated hereby. Furthermore, the Incremental Revolving Lender, by delivering its signature page to this Amendment on the Second Incremental Amendment Effective Date, such New Revolving Lender shall be a “Lender” and a “Revolving Lender” (iand additionally, in the case of KeyBank National Association, an “Issuing Bank”) confirms that it has received a copy of under, and for all purposes of, the Credit Agreement and the other Loan Documents, together with copies of the financial statements referred and shall be subject to therein and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) agrees that it will, independently and without reliance upon the Administrative Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Amended Credit Agreement; (iii) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers under the Amended Credit Agreement and the other Loan Documents as are delegated to the Administrative Agent bound by the terms thereof, together with such powers as are reasonably incidental thereto; and (iv) agrees that it will shall perform in accordance with their terms all of the obligations which by of and shall have all the terms rights of a Lender and a Revolving Lender (and additionally, in the Amended case of KeyBank National Association, an Issuing Bank) thereunder. 3. After giving effect to this Amendment, the Revolving Commitment of each Revolving Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede the portion of Schedule 2.01 to the Existing Credit Agreement are required to be performed by it as a under the caption “Revolving Credit LenderCommitment”).

Revolving Commitment Increase. (a) Subject to the terms satisfaction of the conditions in Section 5 hereof, on the Second Amendment Effective Date, the Incremental Revolving Increase of the Incremental Revolving Lender shall become effective and conditions set forth herein, each party hereto acknowledges and agrees that (a) the Revolving Credit Commitments shall be deemed increased by $30,000,000 on 100,000,000. Pursuant to Section 2.17 of the Second Incremental Amendment Effective Date (as defined below) (such increase in commitmentsAmended Credit Agreement, the “Incremental Revolving Increase shall be a Revolving Credit Commitment Increase”for all purposes under the Amended Credit Agreement and each of the other Loan Documents and shall have terms identical to the existing Revolving Credit Facility under the Amended Credit Agreement immediately prior to the date hereof (but giving effect to any amendments hereunder), . This Amendment shall constitute notice to the Administrative Agent required under Section 2.17(a) of the Credit Agreement. (b) from The Incremental Revolving Lender acknowledges and after agrees that upon the Second Incremental Amendment Effective Date (i) the aggregate amount of Revolving Credit Commitments shall be $160,000,000Date, (ii) the Incremental Revolving Lender shall have be a Revolving Credit Commitment of $30,000,000 “Lender” under, and (iii) the Incremental Revolving Lender shall for all purposes be deemed a Revolving Credit Lender, (c) for the avoidance of doubt, the Incremental Revolving Lender’s Revolving Credit Commitments shall be of the same Class and subject to identical terms (including, without limitation, with respect to the Applicable Rate, Maturity Date and commitment fees) as the Revolving Credit Commitments existing immediately prior to giving effect to this Amendment and (d) the Borrower has elected to use clause (a) of the definition of “Available Incremental Amount” to effectuate the increase in Revolving Credit Commitments contemplated hereby. Furthermore, the Incremental Revolving Lender, by delivering its signature page to this Amendment on the Second Incremental Amendment Effective Date, (i) confirms that it has received a copy of the Amended Credit Agreement and the other Loan Documents, together with and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. The Incremental Revolving Lender also acknowledges and agrees that it has (x) received a copy of the Existing Credit Agreement, and has received or has been accorded the opportunity to receive copies of the most recent financial statements referred delivered pursuant to therein Section 6.01 thereof, as applicable, and such other documents and information as it has deemed deems appropriate to make its own credit analysis and decision to enter into this Amendment; Amendment and (iiy) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the timehas deemed appropriate, continue to make made its own credit decisions in taking or not taking action under the Amended Credit Agreement; (iii) appoints analysis and authorizes the Administrative Agent decision to take such action as agent on its behalf and to exercise such powers under the Amended Credit Agreement and the other Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (iv) agrees that it will perform in accordance with their terms all of the obligations which by the terms of the Amended Credit Agreement are required to be performed by it as a Revolving Credit Lenderenter into this Amendment.

Revolving Commitment Increase. Subject (a) The Lead Borrower and each Increase Loan Lender hereby agree that, subject to the terms satisfaction of the conditions in Section 7 hereof, on the Amendment No. 1 Effective Date, the Revolving Commitment Increase of such Increase Loan Lender shall become effective and conditions the Revolving Commitments shall be deemed increased by the amount of the Revolving Commitment Increases of such Increase Loan Lenders in the amounts set forth hereinon Schedule 1 hereto. Pursuant to Section 2.15 of the Credit Agreement, the Revolving Commitment Increases shall be Revolving Commitments for all purposes under the Credit Agreement and each party hereto of the other Credit Documents and shall have terms identical to the Revolving Commitments outstanding under the Credit Agreement immediately prior to the date hereof (but giving effect to any amendments hereunder). (b) Each Increase Loan Lender acknowledges and agrees that (a) upon the Revolving Credit Commitments Amendment No 1. Effective Date, such Increase Loan Lender shall be increased by $30,000,000 on the Second Incremental Amendment Effective Date (as defined below) (such increase in commitmentsa “Lender” under, the “Revolving Credit Commitment Increase”), (b) from and after the Second Incremental Amendment Effective Date (i) the aggregate amount of Revolving Credit Commitments shall be $160,000,000, (ii) the Incremental Revolving Lender shall have a Revolving Credit Commitment of $30,000,000 and (iii) the Incremental Revolving Lender shall for all purposes be deemed a Revolving Credit Lenderof, (c) for the avoidance of doubt, the Incremental Revolving Lender’s Revolving Credit Commitments shall be of the same Class and subject to identical terms (including, without limitation, with respect to the Applicable Rate, Maturity Date and commitment fees) as the Revolving Credit Commitments existing immediately prior to giving effect to this Amendment and (d) the Borrower has elected to use clause (a) of the definition of “Available Incremental Amount” to effectuate the increase in Revolving Credit Commitments contemplated hereby. Furthermore, the Incremental Revolving Lender, by delivering its signature page to this Amendment on the Second Incremental Amendment Effective Date, (i) confirms that it has received a copy of the Credit Agreement and the other Loan Credit Documents, together with copies of the financial statements referred and shall be subject to therein and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) agrees that it will, independently and without reliance upon the Administrative Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Amended Credit Agreement; (iii) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers under the Amended Credit Agreement and the other Loan Documents as are delegated to the Administrative Agent bound by the terms thereof, together with such powers as are reasonably incidental thereto; and (iv) agrees that it will shall perform in accordance with their terms all of the obligations which by of and shall have all rights of a Lender thereunder. (c) After giving effect to such Revolving Commitment Increases, the terms Revolving Commitment of each Revolving Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede Schedule 2.01 to the Amended Credit Agreement are required to be performed by it as a Revolving Credit LenderAgreement).

Revolving Commitment Increase. (a) Subject to the terms and conditions set forth herein, each party hereto acknowledges and agrees that (ai) the Extended Revolving Credit Commitments shall be increased by $30,000,000 5,800,000 on the Second Incremental Amendment No. 8 Increase Effective Date (as defined below) (such increase in commitments, the “Revolving Credit Commitment Increase”), (bii) from and after giving effect to the Second Incremental Amendment Effective Date (i) Increase, the aggregate amount of Extended Revolving Credit Commitments shall be $160,000,000, (ii) the Incremental Revolving Lender shall have a Revolving Credit Commitment of $30,000,000 300,000,000 and (iii) the Incremental Revolving Lender shall for all purposes be deemed a Revolving Credit Lender, (c) for the avoidance of doubt, the Incremental Revolving Lender’s Revolving Credit Commitments shall be of the same Class and subject to identical terms (including, without limitation, with respect to the Applicable Rate, Maturity Date and commitment fees) as the Revolving Credit Commitments existing immediately prior to giving effect to this Amendment and (d) the Borrower has elected to use clause (a) of the definition of “Available Incurrence-Based Incremental Amount” Amount to effectuate the increase in Extended Revolving Credit Commitments contemplated hereby. . (b) Furthermore, the Incremental Revolving Credit Lender, by delivering its signature page to this Amendment on the Second Incremental Amendment No. 8 Effective Date, (i) confirms that it has received a copy of the Amended Credit Agreement and the other Loan Documents, together with copies of the financial statements referred to therein and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) agrees that it will, independently and without reliance upon the Administrative Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Amended Credit Agreement; (iii) appoints confirms its appointment and authorizes authorization of the Administrative Agent to take such action as agent on its behalf and to exercise such powers under the Amended Credit Agreement and the other Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (iv) agrees confirms its agreement that it will perform in accordance with their terms all of the obligations which by the terms of the Amended Credit Agreement are required to be performed by it as a an Extended Revolving Credit Lender.

Revolving Commitment Increase. Subject (a) The Borrower confirms that the Incremental Commitments shall be “Revolving Credit Commitments” under the Credit Agreement (and the Loans thereunder, Revolving Loans) in all respects and shall be on terms identical to those applicable to the terms and conditions set forth herein, each Facility. (b) Each Incremental Lender party hereto hereby acknowledges and agrees that (a) its applicable Revolving Credit Commitment is increased by the amount set forth opposite such Incremental Lender’s name on Schedule I to this Amendment and agrees to severally make to the Borrower Loans under its Revolving Credit Commitments shall be increased by $30,000,000 on from time to time after the Second Incremental Amendment Facility Effective Date (as defined below) (such increase in commitments, the “Revolving Credit Commitment Increase”), (b) from and after the Second Incremental Amendment Effective Date (i) the an aggregate amount not in excess of Revolving Credit Commitments shall be $160,000,000, (ii) the such Incremental Revolving Lender shall have a Revolving Credit Commitment of $30,000,000 and (iii) the Incremental Revolving Lender shall for all purposes be deemed a Revolving Credit Lender, (c) for the avoidance of doubt, the Incremental Revolving Lender’s Revolving Credit Commitments shall be of the same Class and subject to identical terms (including, without limitation, with respect to the Applicable Rate, Maturity Date and commitment fees) as the Revolving Credit Commitments existing immediately prior to after giving effect to this Amendment Amendment). From and (d) after the Borrower has elected to use clause (a) of the definition of “Available Incremental Amount” to effectuate the increase in Revolving Credit Commitments contemplated hereby. FurthermoreFacility Effective Date, the Incremental Revolving Lender, by delivering its signature page to this Amendment on the Second Commitment of each Incremental Amendment Effective Date, (i) confirms that it has received Lender party hereto shall be a copy of Commitment for all purposes under the Credit Agreement and the other Loan Documents. Each Lender under the Credit Agreement immediately prior to the Amendment No. 3 Effective Date will automatically and without further act be deemed to have assigned to each Incremental Lender, together with copies and each Incremental Lender shall assume, a portion of such Lender’s participations in outstanding Letters of Credit and Swing Loans pursuant to Section 2.15 of the financial statements referred to therein and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) agrees that it will, independently and without reliance upon the Administrative Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Amended Credit Agreement; (iii) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers under the Amended Credit Agreement and the other Loan Documents as are delegated any outstanding Loans on or prior to the Administrative Agent by effectiveness of this Amendment shall be prepaid from the terms thereof, together with such powers as are reasonably incidental thereto; and (iv) agrees that it will perform in accordance with their terms all proceeds of the obligations which by the terms Incremental Loans pursuant to Section 2.15 of the Amended Credit Agreement are required to be performed by it as a Revolving Credit LenderAgreement.