Common use of Revolving Commitment Increase Clause in Contracts

Revolving Commitment Increase. A. The Borrower confirms and agrees that (i) it has requested an increase in the Revolving Credit Commitments in the amount of $25,000,000 from the Revolving Commitment Increase Lenders pursuant to and on the terms set forth in Section 2.14(a) of the Credit Agreement, effective on the Second Amendment Effective Date (as defined in Section III below), (ii) on the Second Amendment Effective Date, the Borrower will borrow (and hereby requests funding of) Revolving Loans from the Revolving Commitment Increase Lenders in the amount required by Section 2.14(a) of the Credit Agreement for application as therein set forth (including the payment of any amount required to be paid under Section 3.05) and (iii) prior to the Second Amendment Effective Date, the Borrower will deliver to the Administrative Agent a timely Committed Loan Notice to effect all Borrowings of Revolving Credit Loans of the Revolving Commitment Increase Lenders required pursuant to Section 2.14(a). B. Each Revolving Commitment Increase Lender agrees that (i) effective on and at all times after the Second Amendment Effective Date, in addition to all Revolving Commitments of such Lender (if any) outstanding prior to the Second Amendment Effective Date, such Revolving Commitment Increase Lender will be bound by all obligations of a Lender under the Credit Agreement in respect of an additional Revolving Commitment in the amount set forth on its Lender Addendum delivered to the Administrative Agent on or before the Second Amendment Effective Date and (ii) on the Second Amendment Effective Date such Revolving Commitment Increase Lender will (A) fund Revolving Loans in the amount required by Section 2.14(a) of the Credit Agreement for application as therein set forth and (B) irrevocably purchase from each Revolving Credit Lender a risk participation in each Letter of Credit and in each Swing Line Loan outstanding on the Second Amendment Effective Date such that, after giving effect to each such deemed assignment and assumption of participations, the percentage of the aggregate outstanding (1) participations in Letters of Credit and (2) participations in Swing Line Loans held by each Revolving Credit Lender (including each Revolving Commitment Increase Lender) will equal the percentage of the aggregate Revolving Credit Commitments of all Revolving Credit Lenders represented by such Revolving Credit Lender’s Revolving Credit Commitment. On the Second Amendment Effective Date, each Revolving Commitment Increase Lender which was not a Lender prior to the Second Amendment Effective Date will become a Lender for all purposes of the Credit Agreement. The obligations of the Revolving Commitment Increase Lenders hereunder are in all respects several and not joint. No Revolving Commitment Increase Lender is or ever shall be in any respect responsible or liable for any obligation of any other Revolving Commitment Increase Lender or any other Lender.

Revolving Commitment Increase. A. The Borrower confirms and agrees that (ia) it has requested an increase in the Revolving Credit Commitments in the amount of $25,000,000 from the Revolving Commitment Increase Lenders pursuant to and on the terms set forth in Section 2.14(a) Each Additional Lender shall, as of the Credit Agreement, effective on the Second Amendment Effective Date (as defined in Section III below), (ii) on the Second Amendment Effective Date, the Borrower will borrow (and hereby requests funding of) Revolving Loans from the Revolving Commitment Increase Lenders in the amount required by Section 2.14(a) of become a party to the Credit Agreement for application as therein set forth (including the payment of any amount required to be paid under Section 3.05) and (iii) prior to the Second Amendment Effective Date, the Borrower will deliver to the Administrative Agent a timely Committed Loan Notice to effect all Borrowings of Revolving Credit Loans of the Revolving Commitment Increase Lenders required pursuant to Section 2.14(a). B. Each Revolving Commitment Increase Lender agrees that (i) effective on and at all times after the Second Amendment Effective Date, in addition to all Revolving Commitments of such Lender (if any) outstanding prior to the Second Amendment Effective Date, such Revolving Commitment Increase Lender will be bound by all obligations of a Lender under the Credit Agreement in respect of an additional with a Revolving Commitment in the amount set forth opposite such Additional Lender’s name on its Lender Addendum delivered Appendix A hereto, as such Revolving Commitment may thereafter be changed from time to time pursuant to the Administrative Agent terms of the Credit Agreement. Each Additional Lender shall, as of the Amendment Effective Date, have all rights and obligations of a Revolving Lender under the Credit Agreement and the other Credit Documents. (b) As of the Amendment Effective Date, each existing Lender (without the need for execution of any document) shall be deemed to have irrevocably sold and assigned to each Additional Lender, and each Additional Lender shall be deemed to have irrevocably purchased and assumed from each existing Revolving Lender, (i) in the respective principal amounts (together with accrued interests) such interests in the Revolving Loans outstanding on or before the Second Amendment Effective Date and (ii) on the Second Amendment Effective Date such Revolving Commitment Increase Lender will (A) fund Revolving Loans in the amount required by Section 2.14(a) of the Credit Agreement for application as therein set forth and (B) irrevocably purchase from each Revolving Credit Lender a risk participation in each Letter of Credit and in each Swing Line Loan outstanding on the Second Amendment Effective Date such necessary so that, after giving effect to each all such deemed assignment assignments and assumption of participationspurchases, the percentage Revolving Loans and any unused Revolving Commitments are held by the existing Lenders and the Additional Lenders ratably based on the allocation of Revolving Commitments set forth for the aggregate outstanding (1) participations in Letters of Credit Lenders on Appendix A hereto and (2ii) participations all of such existing Lenders’ rights and obligations in Swing Line Loans held by each their respective capacities as Revolving Lenders under the Credit Lender (including each Revolving Commitment Increase Lender) will equal Agreement and the percentage other Credit Documents in respect of the aggregate Revolving Credit Commitments of all Revolving Credit Lenders represented by such Revolving Credit Lender’s Revolving Credit CommitmentLoans. On the Second Amendment Effective DateSuch sales, each Revolving Commitment Increase Lender which was not a Lender prior assignments, purchases and assumptions shall be deemed to have been effected pursuant to the Second Amendment Effective Date will become a Lender for all purposes 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 Agreement and any replacement Revolving Loan Note to be provided to any existing Lender that requests such replacement Note in the applicable principal amount (not to exceed such existing Lender’s reduced Revolving Commitment), 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 Additional Lender and existing Revolving Lender shall make such cash settlements between themselves, in a manner acceptable to and approved by the Administrative Agent, as they deem necessary and desirable with respect to such sales, assignments, purchases and assumptions. The obligations 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 be required to give effect to the 2015 Increased Commitments. (c) The reference to “$350,000,000 Revolving Credit Facilities” on the cover of the Revolving Commitment Increase Lenders hereunder are in all respects several and not joint. No Revolving Commitment Increase Lender is or ever Credit Agreement shall be amended and restated as “$450,000,000 Revolving Credit Facilities”. (d) Third paragraph of the Recitals is hereby amended and restated in any respect responsible or liable for any obligation of any other Revolving Commitment Increase Lender or any other Lender.its entirety to read as follows:

Revolving Commitment Increase. A. (a) Pursuant to Section 2.04 of the Existing Credit Agreement, the Aggregate Revolving Loan Commitments are increased to $250,000,000.00. Each Lender’s Revolving Loan Commitment is as set forth on the attached Schedule 2.01 to this Amendment, which amends and supersedes Schedule 2.01 to the Existing Credit Agreement in its entirety. After giving effect to the foregoing Revolving Commitment Increase, there is $0 in available capacity for any further Revolving Commitment Increases. The Borrower confirms and agrees that maximum aggregate amount of (i) it has requested an increase in the Revolving Credit Commitments in the amount of $25,000,000 from the Revolving Commitment Increase Lenders pursuant to and on the terms set forth in Section 2.14(a) of Canadian Dollar Loans permitted under the Credit Agreement, effective on the Second Amendment Effective Date (as defined in Section III below)Agreement is increased to $50,000,000.00, (ii) on the Second Amendment Effective Date, the Borrower will borrow (and hereby requests funding of) Revolving Swingline Loans from the Revolving Commitment Increase Lenders in the amount required by Section 2.14(a) of permitted under the Credit Agreement for application as therein set forth (including the payment of any amount required to be paid under Section 3.05) remains $20,000,000.00, and (iii) prior Canadian Dollar Swingline Loans permitted under the Credit Agreement remains $5,000,000.00. (b) Each Lender consents to the Second Amendment Revolving Loan Commitments set forth on Schedule 2.01 to this Amendment, to be effective on the Effective Date, and agrees to make allocations among themselves on the Borrower Effective Date so that each Lender’s pro rata share of all outstanding Loans is equal to that Lender’s pro rata share of the Revolving Loan Commitments (as amended). The reallocation of the Revolving Loan Commitments and Loans among the Lenders on the Effective Date will deliver be deemed to have been consummated pursuant to an Assignment and Assumption attached as Exhibit A to the Credit Agreement as if the Lenders had executed an Assignment and Assumption with respect to the reallocation. (c) If, as a result of the reallocation effected under this Section 2, any Lender incurs any loss, cost or expense as a result of any payment of a Eurodollar Loan or CDOR Loan before the last day of the Interest Period applicable thereto (whether such payment is by the Borrowers or by reallocation of the outstanding Eurodollar Loans or CDOR Loans) and such Lender makes a request for compensation, the Borrowers shall pay to the Administrative Agent a timely Committed Loan Notice to effect all Borrowings of Revolving Credit Loans of for the Revolving Commitment Increase Lenders required pursuant to Section 2.14(a). B. Each Revolving Commitment Increase Lender agrees that (i) effective on and at all times after the Second Amendment Effective Date, in addition to all Revolving Commitments account of such Lender (if any) outstanding prior any amounts required to the Second Amendment Effective Date, compensate such Revolving Commitment Increase Lender will be bound by all obligations of a Lender under the Credit Agreement in respect of an additional Revolving Commitment in the amount set forth on its Lender Addendum delivered to the Administrative Agent on or before the Second Amendment Effective Date and (ii) on the Second Amendment Effective Date such Revolving Commitment Increase Lender will (A) fund Revolving Loans in the amount required by Section 2.14(a) of the Credit Agreement for application as therein set forth and (B) irrevocably purchase from each Revolving Credit Lender a risk participation in each Letter of Credit and in each Swing Line Loan outstanding on the Second Amendment Effective Date such that, after giving effect to each such deemed assignment and assumption of participations, the percentage of the aggregate outstanding (1) participations in Letters of Credit and (2) participations in Swing Line Loans held by each Revolving Credit Lender (including each Revolving Commitment Increase Lender) will equal the percentage of the aggregate Revolving Credit Commitments of all Revolving Credit Lenders represented by such Revolving Credit Lender’s Revolving Credit Commitment. On the Second Amendment Effective Date, each Revolving Commitment Increase Lender which was not a Lender prior to the Second Amendment Effective Date will become a Lender for all purposes of the Credit Agreement. The obligations of the Revolving Commitment Increase Lenders hereunder are in all respects several and not joint. No Revolving Commitment Increase Lender is or ever shall be in any respect responsible or liable for any obligation of any other Revolving Commitment Increase Lender or any other Lender.2.16