Common use of Revolving Commitment Increase Clause in Contracts

Revolving Commitment Increase. (a) The Lead Borrower and each Increase Loan Lender hereby agree that, subject to the 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 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 on 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 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 upon the Amendment No 1. Effective Date, such Increase Loan Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Credit Documents, 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. (c) After giving effect to such Revolving Commitment Increases, the 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 Credit Agreement).

Appears in 1 contract

Sources: Revolving Credit Agreement (PAE Inc)

Revolving Commitment Increase. (a) The Lead Borrower On the terms and each Increase Loan Lender hereby agree that, subject to the 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 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 on Schedule 1 hereto. Pursuant to Section 2.15 of herein and in the Credit Agreement, the Revolving Commitment Increases shall be Increase Lender hereby agrees to (i) provide the Increase on the Effective Date and (ii) make Revolving Commitments for all purposes under Loans to the Credit Agreement and each of the other Credit Documents and shall have terms identical Borrower in respect thereof from time to time prior to the Revolving Commitments outstanding under the Credit Agreement immediately prior to the date hereof (but giving effect to any amendments hereunder)Loan Maturity Date. (b) Each Increase Loan Lender acknowledges and agrees that upon On the Amendment No 1. Effective Date, such (i) each of the Lenders with Revolving Credit Commitments shall assign to the Revolving Commitment Increase Loan Lender, and the Revolving Commitment Increase Lender shall purchase from each of the Lenders with Revolving Credit Commitments, at the principal amount thereof, such interests in the Revolving Credit Loans outstanding on the Effective Date as shall be a “Lender” undernecessary in order that, after giving effect to all such assignments and purchases, the Revolving Credit Loans will be held by the existing Revolving Credit Lenders and the Revolving Commitment Increase Lender ratably in accordance with their Revolving Credit Commitments after giving effect to the Increase, and for all purposes ofthe participations in respect of Letters of Credit shall be reallocated so that such participations are held ratably among the Lenders in accordance with their commitments after giving effect to the Increase, and (ii) the Borrower shall make any payments required pursuant to Section 2.11 of the Credit Agreement and in connection with the other assignments described in clause (i) of this paragraph (b). Schedule 1.1A hereto sets forth the Revolving Credit Documents, and shall be subject Commitment of each Revolving Credit Lender after giving effect to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunderthis Agreement. (c) After giving effect to such The Revolving Commitment IncreasesIncrease Lender, by delivering its signature page to this Agreement on the Effective Date, shall be deemed to have acknowledged receipt of, and consented to and approved, each Loan Document and each other document required to be delivered to, or be approved by or satisfactory to, the Revolving Commitment of each Revolving Administrative Agent or any Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede Schedule 2.01 to the Credit Agreement)Effective Date.

Appears in 1 contract

Sources: Incremental Joinder Agreement (Americold Realty Trust)

Revolving Commitment Increase. (a) The Lead Borrower Subject to the terms and conditions set forth herein and in the Amended Credit Agreement, on the Third Amendment Effective Date each Increase Loan U.S. Tranche B Increasing Revolving Lender hereby agree thatshall become, to the extent not already, (i) a “U.S. Tranche B Revolving Lender” and a “Lender” under and as defined in the Amended Credit Agreement, subject to the satisfaction all of the rights, obligations and conditions thereto under the Amended Credit Agreement and (ii) a holder of “U.S. Tranche B Increased Revolving Commitments” under and as defined in Section 7 hereof, the Amended Credit Agreement in the amount set forth and opposite to such U.S. Tranche B Increasing Revolving Lender’s name on Schedule 2.01 attached as Exhibit B to this Amendment and Joinder under the Amendment No. 1 Effective Date, caption “U.S. Tranche B Increased Revolving Commitments”. (b) The U.S. Tranche B Revolving Loans to be made pursuant to the U.S. Tranche B Revolving Commitment Increase of such Increase Loan Lender shall become effective and on the Revolving Commitments Third Amendment Effective Date shall be deemed increased by the amount of the U.S. Tranche B Revolving Commitment Increases of such Increase Loan Lenders in the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.15 of the Credit Agreement, the Revolving Commitment Increases shall be Revolving Commitments Loans for all purposes under the Credit Agreement and each of the other Credit Documents and shall have terms identical to the Initial U.S. Tranche B Revolving Commitments Loans (as defined in the Amended Credit Agreement) outstanding under the Credit Agreement immediately prior to the date hereof Third Amendment Effective Date (but giving effect to any amendments hereunder), including for purposes of assignments and voluntary and mandatory prepayments. (b) Each Increase Loan Lender acknowledges and agrees that upon the Amendment No 1. Effective Date, such Increase Loan Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Credit Documents, 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. (c) After giving effect to such Revolving Commitment Increases, the 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 Credit Agreement).

Appears in 1 contract

Sources: Credit Agreement (SunOpta Inc.)

Revolving Commitment Increase. (a) The Lead Borrower confirms that the Incremental Commitments shall be “Revolving Credit Commitments” under the Credit Agreement (and each Increase Loan Lender hereby agree thatthe Loans thereunder, subject Revolving Loans) in all respects and shall be on terms identical to those applicable to the satisfaction Facility. (b) Each Incremental Lender party hereto hereby acknowledges and agrees that 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 from time to time after the Incremental Facility Effective Date in an aggregate amount not in excess of such Incremental Lender’s Revolving Credit Commitments (after giving effect to this Amendment). From and after the conditions in Section 7 hereof, on the Amendment No. 1 Incremental Facility Effective Date, the Revolving Incremental Commitment Increase of such Increase Loan each Incremental Lender shall become effective and the Revolving Commitments party hereto shall be deemed increased by the amount of the Revolving a Commitment Increases of such Increase Loan Lenders in the amounts set forth on 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 of the other Credit Documents and shall have terms identical to the Revolving Commitments outstanding Loan Documents. Each Lender under the Credit Agreement immediately prior to the date hereof (but giving effect Amendment No. 3 Effective Date will automatically and without further act be deemed to any amendments hereunder). (b) Each Increase Loan Lender acknowledges have assigned to each Incremental Lender, and agrees that upon the Amendment No 1. Effective Date, such Increase Loan each Incremental Lender shall be assume, a portion of such Lender” under, ’s participations in outstanding Letters of Credit and for all purposes of, Swing Loans pursuant to Section 2.15 of the Credit Agreement and any outstanding Loans on or prior to the other Credit Documents, and effectiveness of this Amendment shall be subject prepaid from the proceeds of the Incremental Loans pursuant to and bound by the terms thereof, and shall perform all the obligations Section 2.15 of and shall have all rights of a Lender thereunder. (c) After giving effect to such Revolving Commitment Increases, the 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 Credit Agreement).

Appears in 1 contract

Sources: Abl Credit Agreement (99 Cents Only Stores LLC)

Revolving Commitment Increase. (a) The Lead Parent, each other Borrower and each Revolving Commitment Increase Loan Lender hereby agree that, subject to the satisfaction of the conditions in Section 7 4 hereof, on the Amendment No. 1 3 Effective DateDate (as defined below), the Revolving Commitment Increase of such Revolving Commitment Increase Loan Lender shall become effective and the Revolving Credit Commitments shall be deemed increased by the amount of the Revolving Commitment Increases of such Increase Loan Lenders in the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.15 2.14 of the Credit Agreement, the Revolving Commitment Increases (x) shall be Revolving Credit Commitments for all purposes under the Credit Agreement and each of the other Credit Documents and shall have terms identical to the Revolving Credit Commitments outstanding under the Credit Agreement immediately prior to the date hereof Amendment No. 3 Effective Date (but giving effect to any amendments hereunder)) and (y) shall, together with the existing Revolving Credit Commitments, be treated as one Class of Commitments. (b) Each Parent, each other Borrower and each Revolving Commitment Increase Loan Lender acknowledges and agrees that upon the Amendment No 1No. 3 Effective Date, such Revolving Commitment Increase Loan Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Credit Loan Documents, 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. (c) After giving effect to such Revolving Commitment Increases, the Revolving Credit Commitment of each Revolving Credit Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede and restate the Revolving Credit Commitments on Schedule 2.01 1.01A to the Credit Agreement).

Appears in 1 contract

Sources: Credit Agreement (Uniti Group Inc.)

Revolving Commitment Increase. (a) The Lead Borrower On the terms and each Increase Loan Lender hereby agree that, subject to the satisfaction of conditions set forth herein, but immediately after giving effect to the conditions transactions described in Section 7 3(c) hereof, on the Amendment No. 1 Effective Date, the Revolving Commitment Increase of such Increase Loan Lender shall become effective and effective. Schedule III hereto sets forth the Revolving Commitments shall be deemed increased by the amount portion of the Revolving Commitment Increases Increase of such Increase Loan Lenders in the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.15 each Incremental Revolving Lender as of the Third Amendment Closing Date (with respect to each Incremental Revolving Lender, such Incremental Revolving Lender’s “Incremental Revolving Credit AgreementCommitment”), the Revolving Commitment Increases shall be Revolving Commitments for all purposes under the Credit Agreement and each 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 after giving effect to any amendments hereunderthis Section 4(a), the amount of Revolving Credit Commitments of each Incremental Revolving Lender shall include such Incremental Revolving Lender’s Incremental Revolving Commitment. (b) Each Increase Loan Lender acknowledges and agrees that upon As of the Third Amendment No 1. Effective Closing Date, such Increase Loan (i) the Incremental Revolving Credit Commitments shall constitute “Commitments”, “Initial Revolving Credit Commitments”, “Revolving Credit Commitments”, (ii) any Revolving Loans made under the Incremental Revolving Credit Commitments shall constitute “Loans”, “Initial Revolving Loans” and “Revolving Loans” and (iii) each Incremental Revolving Lender shall be constitute a “Lender”, an “Initial Revolving Lenderand a “Revolving Lender”, in each case under, and for all purposes of, the Credit Agreement and the other Credit Loan Documents, 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. (c) After As of the Third Amendment Closing Date and after giving effect to transactions described in Section 3(c) above and this Section 4, each Replacement Revolving Lender and Incremental Revolving Lender are willing to provide to the Borrowers a portion of a single Class of Revolving Commitments in the amount set forth opposite such Person’s name on Schedule IV hereto (which Schedule IV includes, for the avoidance of doubt, the Replacement Revolving Credit Commitments of the Replacement Revolving Lender and Revolving Commitment Increases, Increase of the Incremental Revolving Commitment Lenders expressed as a single Class of each Revolving Lender shall be as Commitments available to the Borrowers following the Third Amendment Closing Date) and to make Revolving Loans to the Borrowers in respect thereof from time to time subject to the terms and conditions set forth on Schedule 2 hereto (herein and such Schedule 2 shall supersede Schedule 2.01 to in the Credit Agreement). As of the Third Amendment Effective Date, the portion of the Schedule 1.01(a) of the Credit Agreement titled ​ ​ ​ “Revolving Credit Commitments” shall be deemed amended and restated and replaced in full by Schedule IV hereto. (d) The commitments of the Incremental Revolving Lenders are several.

Appears in 1 contract

Sources: Credit Agreement (Certara, Inc.)

Revolving Commitment Increase. (a) The Lead Borrower and each Increase Loan Lender hereby agree that, subject Subject to the satisfaction or waiver of the conditions set forth in Section 7 5 hereof, on the Seventh Amendment No. 1 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 (y) commits to provide the entire Incremental Revolving Increase (the “Incremental Revolving Commitment”), (ii) the Incremental Revolving Commitment Increase of such Increase Loan Lender shall become effective and (iii) the Revolving Credit Commitments shall be deemed increased by the an aggregate principal amount of the Revolving Commitment Increases of such Increase Loan Lenders in the amounts set forth on Schedule 1 hereto$50,000,000. Pursuant to Section 2.15 2.17 of the Amended Credit Agreement, the Incremental Revolving Commitment Increases shall be a Revolving Commitments Credit Commitment for all purposes under the Amended Credit Agreement and each of the other Credit Loan Documents and shall have terms identical to the existing Revolving Commitments outstanding 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) Each Increase Loan The Incremental Revolving Lender acknowledges and agrees that upon the Seventh Amendment No 1. Effective Date, such Increase Loan the Incremental Revolving Lender shall be a “Lender” under, and for all purposes of, of the Amended Credit Agreement and the other Credit Loan Documents, 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 delivered pursuant to Section 6.01 thereof, as applicable, and such other documents and information as it deems appropriate to make its own credit analysis and decision to enter into this Amendment and (y) independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Amendment. (c) After The parties hereto agree that, after giving effect to such this Amendment and the Incremental Revolving Commitment IncreasesCommitment, the Revolving Commitment Credit Commitments of each the Revolving Lender shall be Credit Lenders are as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede Schedule 2.01 to the Credit Agreement)I hereto.

Appears in 1 contract

Sources: Credit Agreement (WEX Inc.)

Revolving Commitment Increase. (a) The Lead Borrower and each Increase Loan Lender hereby agree that, subject to the satisfaction of the conditions in Section 7 5 hereof, on the Amendment No. 1 2 Effective Date, the Revolving Commitment Increase of such Increase Loan Lender shall become effective and the U.S. Revolving Commitments of such Increase Loan Lender shall be deemed increased by the amount of the Revolving Commitment Increases of such Increase Loan Lenders in the amounts Lender set forth on Schedule 1 hereto. Pursuant to Section 2.15 of the Credit Agreement, the The Revolving Commitment Increases shall be U.S. Revolving Commitments for all purposes under the Credit Agreement and each of the other Credit Documents and shall have terms identical to the U.S. 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 upon the Amendment No 1No. 2 Effective Date, such Increase Loan Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Credit Documents, 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. (c) After giving effect to such Revolving Commitment IncreasesIncreases and the Amendment No. 2 Commitment Adjustment, the Revolving Commitment Commitments of each Revolving Lender shall be as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede Schedule 2.01 to the Credit Agreement).

Appears in 1 contract

Sources: Credit Agreement (Ryerson Holding Corp)

Revolving Commitment Increase. (ai) The Lead Borrower and each 2020 Revolving Commitment Increase Loan Lender hereby agree that, subject to the satisfaction of the conditions in Section 7 hereof, on the Amendment No. 1 10 Effective DateDate immediately after the establishment of the 2020 Revolving Commitment Increase, the 2020 Revolving Commitment Increase of such 2020 Revolving Commitment Increase Loan Lender shall become effective and the Revolving Credit Commitments shall be deemed increased by the aggregate amount of the 2020 Revolving Commitment Increases of such 2020 Revolving Commitment Increase Loan Lenders in the amounts set forth on Schedule 1 I-A hereto. Pursuant to Section 2.15 2.14 of the Credit Agreement, the 2020 Revolving Commitment Increases shall be Tranche 4 Revolving Credit Commitments for all purposes under the Credit Agreement and each of the other Credit Loan Documents and shall be of the same Class as, and shall have terms identical to to, the Tranche 4 Revolving Commitments outstanding under the Credit Agreement immediately prior to the date hereof (but giving effect to any amendments hereunder)Commitments. (bii) Each 2020 Revolving Commitment Increase Loan Lender acknowledges and agrees that upon the effectiveness of this Amendment No 1on the Amendment No. 10 Effective Date, such 2020 Revolving Commitment Increase Loan Lender shall be a “Lender” and a “Revolving Credit Lender” under, and for all purposes of, the Credit Agreement and the other Credit Loan Documents, 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 Revolving Credit Lender and Lender thereunder. (ciii) After giving effect This Amendment shall constitute an “Incremental Amendment” with respect to such the 2020 Revolving Commitment Increases, the 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 Increase for all purposes under the Credit Agreement). (iv) The 2020 Revolving Commitment Increase shall constitute a “Revolving Commitment Increase” for all purposes under the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (SeaWorld Entertainment, Inc.)

Revolving Commitment Increase. (a) The Lead Borrower and each Increase Loan Lender hereby agree that, subject Subject to the satisfaction terms and conditions of the conditions Credit Agreement and in Section 7 hereof, on reliance upon the Amendment No. 1 Effective Date, the Revolving Commitment Increase of such Increase Loan Lender shall become effective representations and the Revolving Commitments shall be deemed increased by the amount warranties of the Revolving Commitment Increases of such Increase Loan Lenders Parties contained herein and in the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.15 of the Credit Agreement, the Lender establishes in favor of the U.S. Borrower an increase to the Revolving Commitments (the “Revolving Commitment Increases Increase”) on the Effective Date (as defined below) in the principal amount of $7,500,000, all on the terms and subject to the conditions set forth herein and in the Credit Agreement. The Revolving Commitment Increase shall be constitute part of the aggregate Revolving Commitments for all purposes Commitment under the Credit Agreement, and the existing Revolving Commitment under the Credit Agreement and each the Revolving Commitment Increase shall constitute a single commitment, with all revolving loans thereunder having the same terms as the existing Revolving Loans made to the U.S. Borrower prior to the Effective Date, all as described more fully in the Credit Agreement, and in connection therewith shall be subject to all of the terms and provisions of the Credit Agreement and other Credit Loan Documents and shall have terms identical to pertaining thereto. In addition, the Revolving Commitments outstanding Loans, whether made before, on, or after the Effective Date shall be deemed to constitute a part of the “Obligations” and of the “U.S. Obligations” under the Credit Agreement immediately prior to and shall have all rights, remedies, protections and collateral security accorded the date hereof (but giving effect to any amendments hereunder). (b) Each Increase Loan Lender acknowledges Obligations and agrees that upon the Amendment No 1. Effective Date, such Increase Loan Lender shall be a “Lender” U.S. Obligations under, and for all purposes ofsubject to the terms, conditions and limitations set forth in, the Credit Agreement and the other Credit Loan Documents, 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. (c) After giving effect to such Revolving Commitment Increases, the 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 Credit Agreement).

Appears in 1 contract

Sources: Credit Agreement (AstroNova, Inc.)

Revolving Commitment Increase. (a) The Lead Borrower and each Increase Loan Lender hereby agree that, subject Subject to the satisfaction of the conditions in Section 7 5 hereof, on the Second Amendment No. 1 Effective Date, the Incremental Revolving Commitment Increase of such Increase Loan the Incremental Revolving Lender shall become effective and the Revolving Credit Commitments shall be deemed increased by the amount of the Revolving Commitment Increases of such Increase Loan Lenders in the amounts set forth on Schedule 1 hereto$100,000,000. Pursuant to Section 2.15 2.17 of the Amended Credit Agreement, the Incremental Revolving Commitment Increases Increase shall be a Revolving Commitments Credit Commitment for all purposes under the Amended Credit Agreement and each of the other Credit Loan Documents and shall have terms identical to the existing Revolving Commitments outstanding 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) Each Increase Loan The Incremental Revolving Lender acknowledges and agrees that upon the Second Amendment No 1. Effective Date, such Increase Loan the Incremental Revolving Lender shall be a “Lender” under, and for all purposes of, of the Amended Credit Agreement and the other Credit Loan Documents, 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. (c) After giving effect to such Revolving Commitment Increases, the Revolving Commitment of each . The Incremental Revolving Lender shall be 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 delivered pursuant to Section 6.01 thereof, as set forth on Schedule 2 hereto (applicable, and such Schedule 2 shall supersede Schedule 2.01 other documents and information as it deems appropriate to make its own credit analysis and decision to enter into this Amendment and (y) independently and without reliance upon the Credit Agreement)Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Amendment.

Appears in 1 contract

Sources: Credit Agreement (WEX Inc.)

Revolving Commitment Increase. (a) The Lead Borrower Subject to the terms and conditions set forth herein and in the Existing Loan Agreement (except as set forth in clause (e) below), each Increase Loan Lender hereby agree thatagrees to increase (or, subject with respect to the satisfaction of the conditions in Section 7 hereofNew Lenders, on the Amendment No. 1 Effective Date, the to provide) its respective Revolving Commitment Increase of such Increase Loan Lender shall become effective and the Revolving Commitments shall be deemed increased by the amount of the Revolving Commitment Increases of such Increase Loan Lenders in the amounts as set forth on Schedule 1 hereto. Pursuant 2.01 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 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)this Amendment. (b) Each Increase Loan Lender acknowledges and agrees that upon the Amendment No 1. Effective Date, respective Revolving Commitment of such Increase Loan Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Credit DocumentsLenders under the Loan Agreement (as amended by this Amendment) are several and not joint commitments and the obligations of each such Lender are the several and not joint obligations of such Lenders. Each Lender further acknowledges and agrees that Schedule 2.01 hereto sets forth for such Lender its Revolving Commitment under the Loan Agreement immediately after to giving effect to this Amendment. (c) Pursuant to Section 2.26 of the Existing Loan Agreement, the Revolving Commitment Increase documented hereby shall constitute a “Revolving Commitment Increase” (as defined in the Loan Agreement) under the Loan Agreement and an “Incremental Joinder”. (d) The Revolving Commitment Increase shall be pursuant to (and constitute a part of) the existing “Revolving Commitments” (as defined in the Existing Loan Agreement) and shall be subject to and bound by the terms thereof, and shall perform all conditions applicable to the obligations of and shall have all rights of a Lender thereunderexisting Revolving Commitments as set forth in the Loan Agreement. (ce) After giving effect to such Revolving Commitment Increases, Each Lender acknowledges and agrees that the Revolving Commitment of each Increase effected by this Amendment exceeds the Dollar limitation for Revolving Lender shall be as Commitment Increases set forth on Schedule 2 hereto (and such Schedule 2 shall supersede Schedule 2.01 to in Section 2.26(a) of the Credit Existing Loan Agreement).

Appears in 1 contract

Sources: Loan Agreement (Aaon, Inc.)

Revolving Commitment Increase. (a) The Lead Borrower and each Increase Loan Lender hereby agree that, subject to the satisfaction of the conditions in Section 7 5 hereof, on the Amendment No. 1 Effective DateDate (as defined below), the Revolving Commitment Increase of such Increase Loan Lender shall become effective and 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 on 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 of the other Credit Loan 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 upon the Amendment No 1No. 1 Effective Date, such Increase Loan Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Credit Loan Documents, 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. (c) After giving effect to such Revolving Commitment Increases, the 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 Credit Agreement).

Appears in 1 contract

Sources: Credit Agreement (Cenveo, Inc)

Revolving Commitment Increase. (a) The Lead Borrower and each Increase Loan Lender hereby agree that, subject Subject to the satisfaction of the terms and conditions in Section 7 hereof, on the Amendment No. 1 Effective Date, the Revolving Commitment Increase of such Increase Loan Lender shall become effective set forth herein and 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 on Schedule 1 hereto. Pursuant to Section 2.15 of the Amended Credit Agreement, each 2024 Incremental Revolving Lender hereby agrees on a several and not joint basis to make the Revolving Commitment Increases shall be 2024 Incremental Revolving Commitments for all purposes under the Credit Agreement and each of the other Credit Documents and shall have terms identical available in Dollars to the Revolving Commitments outstanding under Borrower in 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 upon the Amendment No 1. Effective Date, such Increase Loan Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Credit Documents, 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. (c) After giving effect to such Revolving Commitment Increases, the Revolving Commitment of each Revolving Lender shall be aggregate principal amount as set forth on Schedule 2 hereto opposite such 2024 Incremental Revolving Lender’s name. (and such Schedule 2 shall supersede Schedule 2.01 b) Pursuant to Section 2.23 of the Credit Agreement, the Requested First Amendment Increase documented hereby shall constitute a Commitment Increase (as defined in the Credit Agreement) under the Credit Agreement. (c) The 2024 Incremental Revolving Commitments (i) shall be made pursuant to (and constitute part of) the existing “Commitments” (under and as defined in the Credit Agreement) and (ii) shall be subject to the terms and conditions applicable to the existing Revolving Commitments as set forth in the Amended Credit Agreement. (d) Each party hereto acknowledges and agrees that on the First Amendment Effective Date, (i) the 2024 Incremental Revolving Commitments shall be added to (and constitute part of) the existing “Commitments” (under and as defined in the Credit Agreement) and (ii) the 2024 Incremental Revolving Commitments shall constitute “Revolving Commitments” for all purposes under, and subject to the provisions of, the Loan Documents (as amended by the First Amendment). (e) The parties hereto hereby acknowledge and agree that if on the First Amendment Effective Date there are any “Loans” (under and as defined in the Credit Agreement) outstanding under the Credit Agreement, (i) the Borrower shall borrow from all or certain of the “Lenders” (under and as defined in the Credit Agreement) and/or prepay “Loans” (under and as defined in the Credit Agreement) of all or certain of the “Lenders” (under and as defined in the Credit Agreement) such that, after giving effect thereto, the Revolving Loans (as defined in the Amended Credit Agreement) (including, without limitation, the Types and Interest Periods thereof) and such participations shall be held by the Revolving Lenders (including for such purposes the 2024 Incremental Revolving Lenders) ratably in accordance with their respective Revolving Commitments and (ii) on and after the First Amendment Effective Date, the ratable share of each Revolving Lender’s participation in Letters of Credit and Revolving Loans from draws under Letters of Credit shall be calculated after giving effect to the Requested First Amendment Increase documented hereby.

Appears in 1 contract

Sources: Credit Agreement (ExlService Holdings, Inc.)

Revolving Commitment Increase. (a) The Lead Borrower and each Increase Loan Lender hereby agree that, subject Subject to the satisfaction or waiver of the conditions set forth in Section 7 5 hereof, on the Tenth Amendment No. 1 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 (y) commits to provide the entire Incremental Revolving Increase (the “Incremental Revolving Commitment”), (ii) the Incremental Revolving Commitment Increase of such Increase Loan Lender shall become effective and (iii) the Revolving Credit Commitments shall be deemed increased by the an aggregate principal amount of the Revolving Commitment Increases of such Increase Loan Lenders in the amounts set forth on Schedule 1 hereto$50,000,000. Pursuant to Section 2.15 2.17 of the Amended Credit Agreement, the Incremental Revolving Commitment Increases shall be a Revolving Commitments Credit Commitment for all purposes under the Amended Credit Agreement and each of the other Credit Loan Documents and shall have terms identical to the existing Revolving Commitments outstanding 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) Each Increase Loan The Incremental Revolving Lender acknowledges and agrees that upon the Tenth Amendment No 1. Effective Date, such Increase Loan the Incremental Revolving Lender shall be a “Lender” under, and for all purposes of, of the Amended Credit Agreement and the other Credit Loan Documents, 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 delivered pursuant to Section 6.01 thereof, as applicable, and such other documents and information as it deems appropriate to make its own credit analysis and decision to enter into this Amendment and (y) independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Amendment. (c) After The parties hereto agree that, after giving effect to such this Amendment and the Incremental Revolving Commitment IncreasesCommitment, the Revolving Commitment Credit Commitments of each the Revolving Lender shall be Credit Lenders are as set forth on Schedule 2 hereto (and such Schedule 2 shall supersede Schedule 2.01 to the Credit Agreement)I hereto.

Appears in 1 contract

Sources: Credit Agreement (WEX Inc.)

Revolving Commitment Increase. (a) 1. The Lead Borrower Borrower, the Administrative Agent and each Increase Loan Lender hereby agree that, upon and subject to the satisfaction occurrence of the conditions in Section 7 hereof, on the Amendment No. 1 Effective Date, the Revolving Commitment Increase Commitments of each Revolving Lender as set forth opposite such Increase Loan Lender Revolving Lender’s name on Schedule 2 hereto shall become effective and the effective. 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 on Schedule 1 hereto. Pursuant as restated pursuant to this Section 2.15 of the Credit Agreement, the Revolving Commitment Increases 3 shall be Revolving Commitments for all purposes under the Credit Agreement and each of the other Credit Loan Documents and and, except as expressly set forth herein, 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)Amendment Effective Date. (b) 2. Each Increase Loan New Revolving Lender acknowledges and agrees that upon the Amendment No 1. Effective Date, such Increase Loan New Revolving Lender shall be a “Lender” and a “Revolving Lender” (and additionally, in the case of KeyBank National Association, an “Issuing Bank”) under, and for all purposes of, the Credit Agreement and the other Credit Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all the rights of a Lender and a Revolving Lender (and additionally, in the case of KeyBank National Association, an Issuing Bank) thereunder. (c) 3. After giving effect to such Revolving Commitment Increasesthis 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 AgreementAgreement under the caption “Revolving Credit Commitment”).

Appears in 1 contract

Sources: Credit Agreement (Superior Industries International Inc)

Revolving Commitment Increase. (a) The Lead Borrower Subject to the terms and conditions set forth herein and in the Loan Agreement, each Increase Loan Revolving Facility Increasing Lender hereby agree that, subject agrees to the satisfaction of the conditions in Section 7 hereof, on the Amendment No. 1 Effective Date, the increase its respective Revolving Commitment Increase of such Increase Loan Lender shall become effective and the Revolving Commitments shall be deemed increased by the amount of the Revolving Commitment Increases of such Increase Loan Lenders in the amounts as set forth on Schedule 1 hereto. Pursuant 2.01 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 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)this Amendment. (b) Each Increase Loan Revolving Facility Increasing Lender acknowledges and agrees that upon the Amendment No 1. Effective Date, respective Revolving Commitment of such Increase Loan Lender shall be a “Lender” under, and for all purposes of, the Credit Agreement and the other Credit DocumentsLenders under the Loan Agreement are several and not joint commitments and the obligations of each such Lender are the several and not joint obligations of such Lenders. Each Revolving Facility Increasing Lender further acknowledges and agrees that the Schedule 2.01 hereto sets forth for such Lender its Revolving Commitment under the Loan Agreement immediately after to giving effect to this Amendment. (c) Pursuant to Section 2.26 of the Loan Agreement, the Revolving Commitment Increase documented hereby shall constitute a “Revolving Commitment Increase” (as defined in the Loan Agreement) under the Loan Agreement. (d) The Revolving Commitment Increase shall be pursuant to (and constitute a part of) the existing “Revolving Commitments” (as defined in the Loan Agreement) and shall be subject to and bound by the terms thereof, and shall perform all conditions applicable to the obligations of and shall have all rights of a Lender thereunderexisting Revolving Commitments as set forth in the Loan Agreement. (ce) After giving effect to such The Revolving Commitment IncreasesIncrease documented hereby shall be deemed (i) to count against the $100,000,000.00 limitation on the aggregate amount of Incremental Commitments permitted under the proviso to Section 2.26(a) of the Loan Agreement (i.e., this Revolving Commitment Increase shall reduce the $100,000,000.00 cap to $70,000,000.00); provided that on the Revolving Commitment Reduction Date, the dollar limitation on the aggregate amount of each Revolving Lender Incremental Commitments that may be requested under Section 2.26(a) shall be as set forth on Schedule 2 hereto increase from $70,000,000.00 to $100,000,000.00; and (and such Schedule 2 shall supersede Schedule 2.01 ii) to constitute one of the Credit permitted four requests for Incremental Commitments permitted under the proviso to Section 2.26(a) of the Loan Agreement).

Appears in 1 contract

Sources: Loan Agreement (Aaon, Inc.)

Revolving Commitment Increase. (a) The Lead Borrower and Revolving Commitments of each Increase Loan Increased Commitment Lender hereby agree thatshall, subject to the satisfaction as of the conditions Amendment Effective Date (as defined below), be increased in Section 7 hereof, on the Amendment No. 1 Effective Date, the Revolving Commitment Increase of amount set forth opposite such Increase Loan Lender shall become effective and 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 name on 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 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 upon As of the Amendment No 1. Effective Date, such Increase Loan each existing Revolving Lender that is not an Increased Commitment Lender (a “Non-Increased Lender”) (without the need for execution of any document) shall be deemed to have irrevocably sold and assigned to each Increased Commitment Lender, and each Increased Commitment Lender shall be a “deemed to have irrevocably purchased and assumed from each Non-Increased Lender” under, (i) in the respective principal amounts (together with accrued interests) such interests in the Revolving Loans outstanding on the Amendment Effective Date as necessary so that, after giving effect to all such assignments and purchases, the Revolving Loans and any unused Revolving Commitments are held by the Non-Increased Lenders and the Increased Commitment Lenders ratably based on the allocation of Revolving Commitments set forth for the Lenders on Appendix A hereto and (ii) all purposes of, of such Non-Increased Lenders’ rights and obligations in their respective capacities as Revolving Lenders under the Credit Agreement and the other Credit DocumentsDocuments in respect of such purchased and assumed Revolving Loans. Such sales, assignments, purchases and assumptions shall be subject deemed to have been effected pursuant to the same terms and conditions as set forth in the form of Assignment and Assumption Agreement attached as Exhibit E to the Credit Agreement. Other than this Amendment and any replacement Revolving Loan Note to be provided to any Lender that requests such replacement Note in the applicable principal amount (not to exceed such Lender’s Revolving Commitment upon giving effect to the November 2015 Increased Commitments), no document or instrument (including any Assignment and Assumption) shall be required to be executed in connection with any such sale, assignment, purchase and assumption. Each Increased Commitment Lender and Non-Increased Lender shall make such cash settlements between themselves, in a manner acceptable to and bound approved by the terms thereofAdministrative Agent, as they deem necessary and desirable with respect to such sales, assignments, purchases and assumptions. The Administrative Agent and each Borrower hereby consent to the assignments provided for in this Section 2(b). The consent of no other Person to such assignments shall perform all be required to give effect to the obligations of and shall have all rights of a Lender thereunderNovember 2015 Increased Commitments. (c) After giving effect The reference to such “$450,000,000 Revolving Commitment Increases, Credit Facilities” on the Revolving Commitment cover of each Revolving Lender the Credit Agreement shall be amended and restated as set forth on Schedule 2 hereto “$500,000,000 Revolving Credit Facilities”. (d) Third paragraph of the Recitals is hereby amended and such Schedule 2 shall supersede Schedule 2.01 restated in its entirety to the Credit Agreement).read as follows:

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Pattern Energy Group Inc.)