Commitment Increase Agreement Sample Contracts

Griffin-American Healthcare REIT IV, Inc. – Second Amendment and Commitment Increase Agreement (November 13th, 2018)

THIS SECOND AMENDMENT AND COMMITMENT INCREASE AGREEMENT, effective as of September 28, 2018 (this "Agreement"), is by and among GRIFFIN-AMERICAN HEALTHCARE REIT IV HOLDINGS, LP, a Delaware limited partnership (the "Borrower"), GRIFFIN-AMERICAN HEALTHCARE REIT IV, INC., a Maryland corporation (the "Parent"), the Subsidiary Guarantors identified on the signature pages hereto, the Lenders identified on the signature pages hereto, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer and KEYBANK, NATIONAL ASSOCIATION, as an L/C Issuer.

New Mountain Finance Corp – COMMITMENT INCREASE AGREEMENT January 25, 2018 Goldman Sachs Bank USA, as Administrative Agent (The "Administrative Agent") for the Lenders Party to the Credit Agreement Referred to Below 6011 Connection Drive Irving, Texas 75039 Ladies and Gentlemen: (February 28th, 2018)

We refer to the $122,500,000 Senior Secured Revolving Credit Agreement dated as of June 4, 2014 (as amended, modified or supplemented from time to time and giving effect to prior Commitment increases to date, the "Credit Agreement"; the terms defined therein being used herein as therein defined) among New Mountain Finance Corporation (the "Borrower"), the Lenders party thereto, Goldman Sachs Bank USA, as Administrative Agent for said Lenders and as Syndication Agent. You have advised us that the Borrower has requested in a letter dated as of January 25, 2018 (the "Increase Request") from the Borrower to the Administrative Agent that the aggregate amount of the Multicurrency Commitments be increased by a total amount equal to $23,500,000 and the aggregate amount of the Dollar Commitments be increased by a total amount equal to $4,000,000 (together, the "Commitment Increase"), for a total facility size of $150,000,000, on the terms and subject to the conditions set forth in this Commitm

Patterson-UTI – Commitment Increase Agreement (November 2nd, 2017)

This COMMITMENT INCREASE AGREEMENT ("Agreement") dated as of October 27, 2017 ("Effective Date"), is by and among Patterson-UTI Energy, Inc., a Delaware corporation ("Borrower"), the subsidiaries of the Borrower party hereto (together with the Borrower, the "Loan Parties"), the undersigned Lender party hereto (the "Increasing Lender"), and Wells Fargo Bank, N.A., as administrative agent (in such capacity, the "Administrative Agent") for the Lenders, as the issuer of letters of credit under the Credit Agreement referred to below (in such capacity, an "L/C Issuer"), and as the swing line lender under the Credit Agreement referred to below (in such capacity, the "Swing Line Lender").

Griffin-American Healthcare REIT III, Inc. – First Amendment, Waiver and Commitment Increase Agreement (August 9th, 2017)

THIS FIRST AMENDMENT, WAIVER AND COMMITMENT INCREASE AGREEMENT, effective as of August 3, 2017 (this "Amendment"), is by and among GRIFFIN-AMERICAN HEALTHCARE REIT III HOLDINGS, LP, a Delaware limited partnership (the "Borrower"), GRIFFIN-AMERICAN HEALTHCARE REIT III, INC., a Maryland corporation (the "Parent"), the Subsidiary Guarantors identified on the signature pages hereto, the lenders identified on the signature pages hereto as Existing Lenders (the "Existing Lenders"), the Person identified on the signature pages hereto as a New Lender (individually a "New Lender" and, together with the Existing Lenders, the "Lenders"), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and KEYBANK, NATIONAL ASSOCIATION, as a Swing Line Lender and a L/C Issuer.

Patterson-UTI – Commitment Increase Agreement (April 21st, 2017)

This COMMITMENT INCREASE AGREEMENT (Agreement) dated as of April 20, 2017 (Effective Date), is by and among Patterson-UTI Energy, Inc., a Delaware corporation (Borrower), the subsidiaries of the Borrower party hereto (together with the Borrower, the Loan Parties), the undersigned Lenders party hereto (the Increasing Lenders), and Wells Fargo Bank, N.A., as administrative agent (in such capacity, the Administrative Agent) for the Lenders, as the issuer of letters of credit under the Credit Agreement referred to below (in such capacity, an L/C Issuer), and as the swing line lender under the Credit Agreement referred to below (in such capacity, the Swing Line Lender).

Commitment Increase Agreement (March 2nd, 2017)

This COMMITMENT INCREASE AGREEMENT (this Agreement) is made as of February 24, 2017, by and among (i) CENTURY COMMUNITIES, INC., a Delaware corporation (Borrower), (ii) the undersigned Guarantors, (iii) FLAGSTAR BANK, FSB, a federally chartered savings bank (Flagstar), and (iv) TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent (Administrative Agent).

Patterson-UTI – Commitment Increase Agreement (January 24th, 2017)

This COMMITMENT INCREASE AGREEMENT (Agreement) dated as of January 24, 2017 (Effective Date), is by and among Patterson-UTI Energy, Inc., a Delaware corporation (Borrower), the subsidiaries of the Borrower party hereto (together with the Borrower, the Loan Parties), the undersigned Lenders party hereto (the Increasing Lenders), and Wells Fargo Bank, N.A., as administrative agent (in such capacity, the Administrative Agent) for the Lenders, as the issuer of letters of credit under the Credit Agreement referred to below (in such capacity, an L/C Issuer), and as the swing line lender under the Credit Agreement referred to below (in such capacity, the Swing Line Lender).

Commitment Increase Agreement (September 23rd, 2016)

This Commitment Increase Agreement (this "Agreement"), dated as of September 15, 2016 (effective as provided herein), is entered into among BG STAFFING, INC., a Delaware corporation (the "Borrower"), the lender listed on the signature pages hereof as Lender (the "Lender"), and TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, as Administrative Agent and Swing Line Lender (the "Administrative Agent").

COMMITMENT INCREASE AGREEMENT June 3, 2016 (June 6th, 2016)

Please refer to the Credit Agreement dated as of September 22, 2015 (as amended or otherwise modified from time to time, the Credit Agreement) among Affiliated Managers Group, Inc., as Borrower, various financial institutions and Bank of America, N.A., as Administrative Agent, Swingline Lender and L/C Issuer. Capitalized terms used but not defined herein have the respective meanings set forth in the Credit Agreement.

New Mountain Finance Corp – COMMITMENT INCREASE AGREEMENT March 23, 2016 Goldman Sachs Bank USA, as Administrative Agent (The "Administrative Agent") for the Lenders Party to the Credit Agreement Referred to Below 6011 Connection Drive Irving, Texas 75039 Ladies and Gentlemen: (March 29th, 2016)

We refer to the $95,000,000 Senior Secured Revolving Credit Agreement dated as of June 4, 2014 (as amended, modified or supplemented from time to time and giving effect to prior Commitment increases to date, the "Credit Agreement"; the terms defined therein being used herein as therein defined) among New Mountain Finance Corporation (the "Borrower"), the Lenders party thereto, Goldman Sachs Bank USA, as Administrative Agent for said Lenders and as Syndication Agent. You have advised us that the Borrower has requested in a letter dated March 18, 2016 (the "Increase Request") from the Borrower to the Administrative Agent that the aggregate amount of the Multicurrency Commitments be increased by a total amount equal to $15,000,000 (the "Commitment Increase"), for a total facility size of $110,000,000, on the terms and subject to the conditions set forth herein.

Commitment Increase Agreement (February 26th, 2016)

THIS COMMITMENT INCREASE AGREEMENT (this "Commitment Increase Agreement"), dated as of December 11, 2015, is among ACE Limited, a Swiss company (the "Parent"), ACE Bermuda Insurance Ltd., a Bermuda company ("ACE Bermuda"), ACE Tempest Life Reinsurance Ltd., a Bermuda company ("Tempest Life"), ACE Tempest Reinsurance Ltd., a Bermuda company ("Tempest"), and ACE INA Holdings Inc., a Delaware corporation ("ACE INA" and together with the Parent, ACE Bermuda, Tempest Life and Tempest, the "Borrowers" and each individually a "Borrower"), the Banks party hereto (the "Increasing Banks" and each individually an "Increasing Bank"), Wells Fargo Bank, National Association, as Administrative Agent, and the Issuing Banks party hereto.

Commitment Increase Agreement and First Amendment to Credit Agreement (February 3rd, 2016)

This COMMITMENT INCREASE AGREEMENT AND FIRST AMENDMENT TO CREDIT AGREEMENT (this "Agreement"), dated as of October 20, 2015, is entered into by and among (1) SYNAPTICS INCORPORATED, a Delaware corporation (the "Borrower"); (2) the Lenders (as defined in the Credit Agreement referred to below); and (3) WELLS FARGO BANK, NATIONAL ASSOCIATION ("Wells Fargo"), as Administrative Agent with respect to the following:

First Incremental Loan Commitment Increase Agreement (November 9th, 2015)

THIS FIRST INCREMENTAL LOAN COMMITMENT INCREASE AGREEMENT dated as of August 21, 2015 (this "Agreement") by and among PRIORITY FULFILLMENT SERVICES, INC., a Delaware corporation ("PFS" or the "Borrower"), PFSWEB, INC., a Delaware corporation ("PFSW" or the "Parent") and certain Subsidiaries and Affiliates identified on the signature pages, as Guarantors, the Incremental Commitment Lenders identified on the signature pages, and REGIONS BANK, as Administrative Agent.

Second Incremental Loan Commitment Increase Agreement (November 9th, 2015)

THIS SECOND INCREMENTAL LOAN COMMITMENT INCREASE AGREEMENT dated as of September 3, 2015 (this "Agreement") by and among PRIORITY FULFILLMENT SERVICES, INC., a Delaware corporation ("PFS" or the "Borrower"), PFSWEB, INC., a Delaware corporation ("PFSW" or the "Parent") and certain Subsidiaries and Affiliates identified on the signature pages, as Guarantors, the Incremental Commitment Lenders identified on the signature pages, and REGIONS BANK, as Administrative Agent.

Walker & Dunlop – Temporary Commitment Increase Agreement (September 1st, 2015)

THIS TEMPORARY COMMITMENT INCREASE AGREEMENT (this Agreement) is made as of August 27, 2015, by and between WALKER & DUNLOP, LLC (the Borrower), and BANK OF AMERICA, N.A., as credit agent (in such capacity, the Credit Agent), and as the sole lender as of the date hereof under the Loan Agreement (as hereafter defined) (in such capacity, the Lender).

Coca-Cola Bottling Co. Consolidated – Joinder and Commitment Increase Agreement (April 29th, 2015)

THIS JOINDER AND COMMITMENT INCREASE AGREEMENT dated as of April 27, 2015 (this Agreement) by and among COCA-COLA BOTTLING CO. CONSOLIDATED, a Delaware corporation (the Borrower), the Lenders identified on the signature pages hereto (each such Lender that is increasing its Revolving Credit Commitment pursuant to the terms hereof, an Increasing Lender), and JPMORGAN CHASE BANK, N.A., as Administrative Agent.

Walker & Dunlop – Temporary Commitment Increase Agreement (March 30th, 2015)

THIS TEMPORARY COMMITMENT INCREASE AGREEMENT (this Agreement) is made as of March 25, 2015, by and between WALKER & DUNLOP, LLC (the Borrower), and BANK OF AMERICA, N.A., as credit agent (in such capacity, the Credit Agent), and as the sole lender as of the date hereof under the Loan Agreement (as hereafter defined) (in such capacity, the Lender).

Second Commitment Increase Agreement (March 13th, 2015)

This SECOND COMMITMENT INCREASE AGREEMENT (this "Agreement") is made as of September 30, 2014, by and among (i) LGI HOMES, INC., a Delaware corporation ("Parent"), and its Subsidiaries that have executed this Agreement as a Borrower (individually and collectively, "Borrower"), (ii) WELLS FARGO BANK, NATIONAL ASSOCIATION ("Wells Fargo"), and (iii) TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent ("Administrative Agent").

Commitment Increase Agreement (February 17th, 2015)

This COMMITMENT INCREASE AGREEMENT (this "Agreement") is made as of February 10, 2015 by and among ENERGY TRANSFER PARTNERS, L.P., a Delaware limited partnership (the "Borrower"), WELLS FARGO BANK, NATIONAL ASSOCIATION, as the Administrative Agent (the "Administrative Agent"), and the Lenders listed on the attached Exhibit A (each a "Supplemental Lender", and together the "Supplemental Lenders").

Walker & Dunlop – Temporary Commitment Increase Agreement (December 23rd, 2014)

THIS TEMPORARY COMMITMENT INCREASE AGREEMENT (this Agreement) is made as of December 22, 2014, by and between WALKER & DUNLOP, LLC (the Borrower), and BANK OF AMERICA, N.A., as credit agent (in such capacity, the Credit Agent), and as the sole lender as of the date hereof under the Loan Agreement (as hereafter defined) (in such capacity, the Lender).

Qep Resources – Fourth Amendment to Credit Agreement And (December 4th, 2014)

This FOURTH AMENDMENT TO CREDIT AGREEMENT AND COMMITMENT INCREASE AGREEMENT (this "Amendment") is made and entered into as of December 2, 2014, by and among QEP RESOURCES, INC., a Delaware corporation (the "Borrower"), the Lenders named on the signature pages hereto (the "Lenders"), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders (in such capacity, the "Administrative Agent").

COMMITMENT INCREASE AGREEMENT November 24, 2014 (November 25th, 2014)

JPMorgan Chase Bank, N.A., as Administrative Agent for the Lenders party to the Credit Agreement referred to below (the Administrative Agent)

AMENDMENT NO. 5 TO CREDIT AGREEMENT and INCREMENTAL COMMITMENT INCREASE AGREEMENT (September 17th, 2014)

THIS AMENDMENT NO. 5 TO CREDIT AGREEMENT AND INCREMENTAL COMMITMENT INCREASE AGREEMENT (this Amendment), dated as of September 15, 2014, is made by and among Great Lakes Dredge & Dock Corporation (the Borrower), the other Credit Parties from time to time party to the Credit Agreement referred to and defined below (together with the Borrower, the Credit Parties), the Lenders (as defined below) signatory hereto and Wells Fargo Bank, National Association (Wells Fargo), as the Administrative Agent (in such capacity, the Administrative Agent). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement referred to and defined below.

Commitment Increase Agreement (August 6th, 2014)

This COMMITMENT INCREASE AGREEMENT (this "Agreement") is made as of July 31, 2014, by and among (i) LGI HOMES, INC., a Delaware corporation ("Parent"), and its Subsidiaries that have executed this Agreement as a Borrower (individually and collectively, "Borrower"), (ii) WOODFOREST NATIONAL BANK ("Woodforest"), (iii) FIFTH THIRD BANK ("Fifth Third"), and (iv) TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent ("Administrative Agent").

Commitment Increase Agreement and Amendment No. 2 to Credit Agreement (April 30th, 2014)

This COMMITMENT INCREASE AGREEMENT AND AMENDMENT NO. 2 TO CREDIT AGREEMENT (this Amendment), dated effective as of March 17, 2014 (the Effective Time), is by and among Diamond Offshore Drilling, Inc., a Delaware corporation (the Borrower), the Lenders party hereto, and Wells Fargo Bank, National Association, as an issuing bank, as swing line lender, and as administrative agent for the Lenders (in such capacity, the Administrative Agent).

Commitment Increase Agreement (April 10th, 2014)

JPMorgan Chase Bank, N.A., as Administrative Agent for the Lenders party to the Credit Agreement referred to below (the Administrative Agent)

Commitment Increase Agreement and Amendment to Credit Documents (Amendment No. 1 to Credit Agreement and Amendment No. 1 to Security Agreement) (December 20th, 2013)
COMMITMENT INCREASE AGREEMENT (Commitment Increase Pursuant to Section 2.21 of Credit Agreement) (October 2nd, 2013)

This COMMITMENT INCREASE AGREEMENT (this "Agreement") dated as of September 30, 2013 (the "Increase Effective Date"), is entered into by and among PRAXAIR, INC., a Delaware corporation ("Borrower"), the undersigned lenders (collectively, the "Incremental Lenders") who are providing Commitments hereunder (the "Incremental Commitments"), the undersigned Issuing Lenders and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the "Administrative Agent"). Capitalized terms used herein and not otherwise defined herein shall have the meanings attributed to them in the Credit Agreement (as hereinafter defined).

Hi-Crush Partners LP – Commitment Increase Agreement and Second Amendment (May 15th, 2013)

This CREDIT AGREEMENT dated as of August 21, 2012 (the Agreement) is among Hi-Crush Partners LP, a Delaware limited partnership (the Borrower), the Lenders (as defined below) and Amegy Bank National Association, as Administrative Agent (as defined below) for the Lenders, as Issuing Lender (as defined below) and as Swing Line Lender (as defined below).

Revolving Credit Commitment Increase Agreement (December 18th, 2012)

This REVOLVING CREDIT COMMITMENT INCREASE AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this "Agreement") dated as of December 12, 2012, is being executed and delivered pursuant to Section 2.08(d) of that certain Second Amended and Restated Credit Agreement (as the same has been, and may hereafter be, amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement") dated as of November 24, 2010, among Heartland Payment Systems, Inc., a Delaware corporation (the "Borrower"), the Lenders party thereto and JPMorgan Chase Bank, N.A., as Administrative Agent, Swingline Lender and Issuing Bank (in such capacities, the "Administrative Agent"), by the Borrower, the Administrative Agent and the existing Lenders listed on the signature pages hereto (collectively, the "Consenting Lenders"). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in

Commitment Increase Agreement and Amendment No. 3 to Credit Agreement (December 5th, 2012)

This COMMITMENT INCREASE AGREEMENT AND AMENDMENT NO. 3 TO CREDIT AGREEMENT (this Amendment), dated effective as of December 4, 2012 (the Effective Date), is by and among Rowan Companies, Inc., a Delaware corporation (Rowan Delaware), Rowan Companies plc, an English public limited company (the Parent, and together with Rowan Delaware, each a Borrower and collectively, the Borrowers), the Lenders party hereto, and Wells Fargo Bank, National Association, as an issuing lender, as swing line lender, and as administrative agent for the Lenders (in such capacity, the Administrative Agent).

Commitment Increase Agreement (October 15th, 2012)

THIS COMMITMENT INCREASE AGREEMENT dated as of October 11, 2012 (this "Agreement") by and among EURONET WORLDWIDE, INC., a Delaware corporation ("EWI"), and the Subsidiaries and Affiliates identified on the signature pages, as Borrowers under the Master Revolving Commitments, the Guarantors identified on the signature pages, the Incremental Commitment Lenders identified on the signature pages, and BANK OF AMERICA, N.A., as Administrative Agent.

Commitment Increase Agreement (New Lenders) (October 2nd, 2012)

THIS COMMITMENT INCREASE AGREEMENT (this "Agreement") dated as of September 28, 2012 (the "Commitment Increase Effective Date") is among each of the new Lenders signatory hereto and listed on Schedule I hereto (each a "New CI Lender" and defined in the Credit Agreement as a "CI Lender") and Noble Energy, Inc., a Delaware corporation (the "Borrower"). Each capitalized term used herein but not otherwise defined herein has the meaning given such term in the Credit Agreement referred to below.

Commitment Increase Agreement (Existing Lenders) (October 2nd, 2012)

THIS COMMITMENT INCREASE AGREEMENT (this "Agreement") dated as of September 28, 2012 (the "Commitment Increase Effective Date") is among each of the Lenders signatory hereto and listed on Schedule I hereto (each an "Existing CI Lender") and Noble Energy, Inc., a Delaware corporation (the "Borrower"). Each capitalized term used herein but not otherwise defined herein has the meaning given such term in the Credit Agreement referred to below.

Conversant – Commitment Increase Agreement (July 2nd, 2012)

This COMMITMENT INCREASE AGREEMENT (this "Agreement"), dated as of June 29, 2012, is entered into by and among (1) VALUECLICK, INC., a Delaware corporation (the "Borrower") and (2) the Increasing Lenders identified in Section 2 below, with respect to the following: