EXHIBIT 10.3 COMMITMENT INCREASE AGREEMENT THIS COMMITMENT INCREASE AGREEMENT (this "Agreement") dated as of March 30, 2007 to the Credit Agreement referenced below is among BRIGHTPOINT, INC., an Indiana corporation (the "Parent"), BRIGHTPOINT NORTH...Commitment Increase Agreement • April 5th, 2007 • Brightpoint Inc • Wholesale-electronic parts & equipment, nec • New York
100,000,000 Revolving Credit Facility FOURTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of March 31, 2023 among EPCO HOLDINGS, INC., as Borrower, The Lenders Party Hereto and CITIBANK, N.A., as Administrative Agent CITIBANK, N.A., WELLS FARGO...Commitment Increase Agreement • April 14th, 2023 • Williams Randa Duncan • Natural gas transmission • New York
Each change in the Applicable Rate shall apply during the period commencing on the effective date of such change and ending on the date immediately preceding the effective date of the next such change; provided, however, if at any time the Borrower is (a) late 29 days or less in delivering a compliance certificate as provided for in Section 5.01, any change in the Applicable Rate shall take effect on the date such compliance certificate is delivered unless such change results in a higher Applicable Rate, in which event such change shall take effect as of the date such compliance certificate was due, or (b) late 30 days or more in delivering such compliance certificate, the “Applicable Rate” shall mean the rate per annum set forth on the foregoing grid when the Leverage Ratio is at its highest level and shall take effect as of the date such compliance certificate was due; provided further, however, any change that would decrease the Applicable Rate as a result of a compliance certificat
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • December 8th, 2022 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies
THIS COMMITMENT INCREASE AGREEMENT (this “Agreement”) dated as of December 7, 2022, is among EOS ENERGY ENTERPRISES, INC., a Delaware corporation (the “Borrower”), each subsidiary of the Borrower party hereto (each, a “Guarantor”), the Lenders (as defined below) party hereto and ACP POST OAK CREDIT I LLC, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”) and acting on behalf of the Lenders not party hereto pursuant to a consent delivered in accordance with Section 13.02(b) of the Credit Agreement (the “Lender Consent”). Each capitalized term used herein but not otherwise defined herein has the meaning given such term in the Credit Agreement.
COMMITMENT INCREASE AGREEMENT AND SIXTH AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCommitment Increase Agreement • April 11th, 2019 • Ensco Rowan PLC • Drilling oil & gas wells • New York
THIS COMMITMENT INCREASE AGREEMENT AND SIXTH AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Sixth Amendment”) is dated as of April 9, 2019, by and among Ensco plc, an English public limited company (the “Parent”), Pride International LLC, a Delaware limited liability company and indirect wholly-owned Subsidiary of the Parent (collectively, the “Borrowers”), the Guarantors, the Banks party hereto, the Affected Banks, Citibank, N.A., as administrative agent (the “Administrative Agent”), and the Issuing Banks.
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • November 7th, 2006 • Chesapeake Energy Corp • Crude petroleum & natural gas
This COMMITMENT INCREASE AGREEMENT (this “Agreement”) is made as of the 1st day of September, 2006 by and among Chesapeake Exploration Limited Partnership, an Oklahoma limited partnership and Chesapeake Appalachia, L.L.C., an Oklahoma limited liability company (“Co-Borrowers”), Chesapeake Energy Corporation, an Oklahoma corporation (the “Company”), Union Bank of California, N.A., as administrative agent (“Administrative Agent”), Union Bank of California, N.A. and BNP Paribas, as Issuing Lenders (“Issuing Lenders”), and the Lenders listed on the attached Exhibit A (each a “Supplemental Lender”, and together the “Supplemental Lenders”).
COMMITMENT INCREASE AGREEMENT July 31, 2023Commitment Increase Agreement • August 1st, 2023 • Ares Strategic Income Fund • New York
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • June 12th, 2008 • Boston Properties Inc • Real estate investment trusts • Massachusetts
This Commitment Increase Agreement (the “Agreement”) is made as of the 6th day of June, 2008. Reference is made to that certain Fifth Amended and Restated Revolving Credit Agreement, dated as of August 3, 2006, among Boston Properties Limited Partnership, a Delaware limited partnership (the “Borrower”), JPMorgan Chase Bank, N.A. (“JPChase”), Bank of America, N.A. (“BOA”) and the other lending institutions listed on Schedule 1 thereto (the “Banks”), BOA, as Administrative Agent (the “Administrative Agent”), JPChase, as Syndication Agent, Eurohypo AG, New York Branch, KeyBank National Association and Wells Fargo Bank, National Association, as Co-Documentation Agents, and The Bank of New York, Citicorp North America, Inc., Citizens Bank of Massachusetts, Deutsche Bank Trust Company and PNC Bank, National Association, as Co-Managing Agents (as amended, the “Credit Agreement”).
COMMITMENT INCREASE AGREEMENT January 17, 2024Commitment Increase Agreement • January 18th, 2024 • HPS Corporate Lending Fund • New York
COMMITMENT INCREASE AGREEMENT (NEW LENDERS)Commitment Increase Agreement • October 2nd, 2012 • Noble Energy Inc • Crude petroleum & natural gas • Texas
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 AGREEMENTCommitment Increase Agreement • December 20th, 2010 • Full House Resorts Inc • Services-miscellaneous amusement & recreation • New York
This COMMITMENT INCREASE AGREEMENT (this “Agreement”), dated as of December 17, 2010, is entered into by and among (1) FULL HOUSE RESORTS, INC., a Delaware corporation (the “Borrower”) and (2) the New Lender identified in Section 2 below, with respect to the following:
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • February 17th, 2015 • Energy Transfer Partners, L.P. • Natural gas transmission • New York
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”).
COMMITMENT INCREASE AGREEMENT June 3, 2016Commitment Increase Agreement • June 6th, 2016 • Affiliated Managers Group, Inc. • Investment advice • New York
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.
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • October 12th, 2006 • Ferrellgas Partners Finance Corp • Retail-miscellaneous retail • New York
This Commitment Increase Agreement (this “Agreement”) is dated as of the Effective Date set forth below and is entered into by and among Fifth Third Bank (the “Increasing Lender”), Ferrellgas, L.P. (“Borrower”), Ferrellgas, Inc. and Bank of America, N.A., as Administrative Agent. Capitalized terms used but not defined herein shall have the meanings given to them in the Fifth Amended and Restated Credit Agreement identified below (the “Credit Agreement”).
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • July 2nd, 2012 • Valueclick Inc/Ca • Services-advertising agencies • New York
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:
COMMITMENT INCREASE AGREEMENT November 8, 2018Commitment Increase Agreement • February 28th, 2019 • FS KKR Capital Corp
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • September 22nd, 2005 • Waste Industries Usa Inc • Refuse systems • Massachusetts
This Commitment Increase Agreement (this “Agreement”), dated as of September 16, 2005, is by and among Waste Industries USA, Inc., a North Carolina corporation (the “Parent”), its Subsidiaries (collectively with the Parent, the “Borrowers”), Bank of America, N.A. (the “Increasing Bank”) and Bank of America, N.A. (successor by merger to Fleet National Bank) as Administrative Agent (the “Administrative Agent”), for the Banks (as hereinafter defined). All capitalized terms used herein without definitions shall have the meanings given such terms in the Credit Agreement (as hereinafter defined).
COMMITMENT INCREASE AGREEMENT August 27, 2019Commitment Increase Agreement • October 25th, 2019 • New Mountain Finance Corp • Texas
Goldman Sachs Bank USA, as Administrative Agent (the “Administrative Agent”) for the Lenders party to the Credit Agreement referred to below
COMMITMENT INCREASE AGREEMENT (EXISTING LENDERS)Commitment Increase Agreement • October 2nd, 2012 • Noble Energy Inc • Crude petroleum & natural gas • Texas
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.
COMMITMENT INCREASE AGREEMENT November 3, 2022Commitment Increase Agreement • November 4th, 2022 • HPS Corporate Lending Fund • New York
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • February 26th, 2016 • Chubb LTD • Fire, marine & casualty insurance
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 AMENDMENT NO. 4Commitment Increase Agreement • February 27th, 2009 • Continental Resources Inc • Crude petroleum & natural gas • Texas
This Commitment Increase Agreement and Amendment No. 4 (“Agreement”) dated as of December 23, 2008 (“Effective Date”) is by and among Continental Resources, Inc., an Oklahoma corporation (“Borrower”), each of the undersigned Lenders and Bank of America, N.A. as a new Lender (collectively, the “Affected Lenders”), and Union Bank of California, N.A., as Administrative Agent and as Issuing Lender (as each such terms are defined below).
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • January 24th, 2017 • Patterson Uti Energy Inc • Drilling oil & gas wells • New York
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 AND AMENDMENT NO. 2 TO CREDIT AGREEMENTCommitment Increase Agreement • April 30th, 2014 • Diamond Offshore Drilling Inc • Drilling oil & gas wells • New York
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 FOR AMENDED AND RESTATED CREDIT AGREEMENTCommitment Increase Agreement • August 6th, 2015 • WPX Energy, Inc. • Crude petroleum & natural gas • New York
THIS COMMITMENT INCREASE AGREEMENT FOR AMENDED AND RESTATED CREDIT AGREEMENT (this “Commitment Increase Agreement”) dated as of July 31, 2015 is among WPX ENERGY, INC., a Delaware corporation (the “Borrower”), the Lenders party hereto (the “Existing Incremental Lenders”) and the New Lenders (used herein as defined in the Credit Agreement) (together with the Existing Incremental Lenders, each an “Incremental Lender”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, and the Issuing Banks (as defined in the Credit Agreement) party hereto.
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • November 21st, 2005 • Meritage Homes CORP • Operative builders
This Commitment Increase Agreement (this “Agreement”) dated as of November 18, 2005, is entered into among Meritage Homes Corporation, a Maryland corporation (the “Borrower”), U.S. Bank, National Association, in its capacity as a Lender (“U.S. Bank”), Wells Fargo Bank, National Association, in its capacity as a Lender (“Wells Fargo”), Wachovia Bank, National Association, in its capacity as a Lender (“Wachovia”), PNC Bank, National Association, in its capacity as a Lender (“PNC”), Compass Bank, in its capacity as a Lender (“Compass”) (U.S. Bank, Wells Fargo, Wachovia, PNC and Compass are hereafter sometimes referred to collectively as the “Increasing Lenders”), SunTrust Bank, in its capacity as a Lender (“SunTrust”), The Northern Trust Company, in its capacity as a Lender (“Northern Trust”), Deutsche Bank Trust Company Americas, in its capacity as a Lender (“Deutsche Bank”), Citicorp North America, Inc., in its capacity as a Lender (“Citicorp”), UBS Loan Finance LLC, in its capacity as
FIRST AMENDMENT AND COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • November 7th, 2019 • Griffin-American Healthcare REIT IV, Inc. • Real estate investment trusts • New York
THIS FIRST AMENDMENT AND COMMITMENT INCREASE AGREEMENT (the “Amendment”), dated as of November 1, 2019, to the Credit Agreement referred to below 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, including, without limitation, the Person identified on the signature pages hereto as the New Lender and which has agreed to provide certain of the First Amendment Increases (as defined below) (the “New Lender”) and such existing Lenders which have agreed to provide certain of the First Amendment Increases (the “Increasing Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer and KEYBANK, NATIONAL ASSOCIATION, as an L/C Issuer.
COMMITMENT INCREASE AGREEMENT AND AMENDMENT NO. 3 TO CREDIT AGREEMENTCommitment Increase Agreement • December 5th, 2012 • Rowan Companies PLC • Drilling oil & gas wells • New York
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 July 12, 2023Commitment Increase Agreement • July 17th, 2023 • HPS Corporate Lending Fund • New York
COMMITMENT INCREASE AGREEMENT March 3, 2020Commitment Increase Agreement • May 12th, 2020 • FS KKR Capital Corp. II
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • February 24th, 2010 • Heartland Payment Systems Inc • Services-business services, nec • New York
THIS COMMITMENT INCREASE AGREEMENT (this “Agreement”) dated as of February 18, 2010, is being executed and delivered pursuant to the provisions of Section 2.08(d) of that certain Amended and Restated Credit Agreement (as the same has been, and may hereafter be, amended, restated and supplemented from time to time, the “Credit Agreement”) dated as of May 30, 2008, 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 (the “Administrative Agent”), by the existing Lender listed on the signature pages hereto (the “Consenting Lender”) and the Borrower, and accepted by the Administrative Agent. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement.
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • October 11th, 2005 • Western Gas Resources Inc • Natural gas distribution
THIS COMMITMENT INCREASE AGREEMENT (the “Agreement”) is made as of October 7, 2005 between Western Gas Resources, Inc. (the “Borrower”) and Bank of America, N.A., (the “Lender”).
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • March 2nd, 2017 • Century Communities, Inc. • Operative builders • Texas
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”).
COMMITMENT INCREASE AGREEMENT January 25, 2018Commitment Increase Agreement • February 28th, 2018 • New Mountain Finance Corp • New York
Goldman Sachs Bank USA, as Administrative Agent (the “Administrative Agent”) for the Lenders party to the Credit Agreement referred to below
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • March 19th, 2019 • FS Investment Corp III
JPMorgan Chase Bank, N.A., as Administrative Agent for the Lenders party to the Credit Agreement referred to below (the “Administrative Agent”)
SECOND AMENDMENT AND COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • November 13th, 2018 • Griffin-American Healthcare REIT IV, Inc. • Real estate investment trusts • New York
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.
