Commitment Increases definition

Commitment Increases has the meaning specified in Section 2.15(b)(i).

Commitment Increases. “Fee Letter”, “Increase Effective Date”, “Increased Financial Reporting Event”, “LIBO Rate”, “Maturity Date”, “Reserves” and “Revolving Credit Ceiling” are hereby deleted in their entirety and the following are substituted in their stead:

Commitment Increases means collective reference to the First Commitment Increase and Second Commitment Increase.

Examples of Commitment Increases in a sentence

• After giving effect to paragraphs (a) and (b) above, the remaining available Commitment Increases pursuant to Section 2.14(a) of the Credit Agreement are reduced from $40,000,000 to $15,000,000.

• The reallocation of the Revolving Credit Lenders’ Revolving Credit Loans contemplated by Section 2.14(g) with respect to any Revolving Commitment Increase shall occur with respect to the Revolving Commitment Increases contemplated hereby on the First Lien Amendment No. 2 Effective Date, and the Revolving Credit Lenders shall make such Revolving Credit Loans on the First Lien Amendment No. 2 Effective Date as may be required to effectuate such reallocation.

• Furthermore, on the First Lien Amendment No. 2 Effective Date, all participations in L/C Obligations and Swing Line Loans shall be reallocated pro rata among the Revolving Credit Lenders after giving effect to the Revolving Commitment Increases contemplated hereby.

• The Agent shall promptly notify the Lead Borrower and the Lenders of the final allocation of such increase and the Increase Effective Date and on the Increase Effective Date (i) the Aggregate Commitments under, and for all purposes of, this Agreement shall be increased by the aggregate amount of such Commitment Increases, and (ii) Schedule 2.01 shall be deemed modified, without further action, to reflect the revised Commitments and Applicable Percentages of the Lenders.

• Notwithstanding the foregoing, (A) the aggregate amount of Commitment Increases obtained after the Closing Date shall not exceed $300,000,000 and (B) each Commitment Increase shall be in an integral multiple of $5,000,000 and not less than $25,000,000.

• 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).

• For the avoidance of doubt, the decrease in the Aggregate Commitments pursuant to this Section 4 shall be effected without the Borrower exercising its rights under Section 2.15 of the Amended Credit Agreement with respect to Commitment Increases.

• Provided there exists no Event of Default, upon notice to Agent (which shall promptly notify the Revolving Lenders), Borrower may from time to time request an increase in the Aggregate Commitments (each such increase, a “Commitment Increase”); provided that (i) each such request for a Commitment Increase shall be in a minimum amount of $10,000,000 and (ii) the aggregate amount of all Commitment Increases shall not exceed $50,000,000 from and after the Closing.

• Furthermore, on the Amendment No. 1 Effective Date, all participations in Letters of Credit and Swingline Loans shall be reallocated pro rata among the Lenders after giving effect to the Revolving Commitment Increases contemplated hereby.

• If the Borrower elects to offer participation in such Incremental Term Loans or Revolving Commitment Increases to Lenders under a particular Facility, a notice shall be sent to each relevant Lender and, at the time of sending such notice, the Borrower (in consultation with the Administrative Agent or the arranger arranging such Incremental Term Loan and/or Revolving Commitment Increase (the “Incremental Arranger”)) shall specify the time period within which the requested Lenders are requested to respond.

More Definitions of Commitment Increases

Commitment Increases shall have the meaning provided in Section 2.15(a). “Fee Letter” means the letter agreement, dated as of the Closing Date, among the Borrowers and the Agents, as such letter agreement is amended, modified or supplemented from time to time following the Closing Date, including, without limitation, pursuant to the Seventh Amendment Fee Letter, the Eleventh Amendment Fee Letter, the Amendment to Fee Letter dated as of the Eleventh Amendment Effective Date, and the Twelfth Amendment Fee Letter. “Increase Effective Date” shall have the meaning provided in Section 2.15(d). “Increased Financial Reporting Event” means if at any time Excess Availability is less than 30% of the Loan Cap at such time. “LIBO Rate” means for any Interest Period with respect to a LIBO Rate Loan, the per annum rate which appears on the Reuters Screen LIBOR01 page as of 11:00 a.m., London time, on the second London Business Day preceding the first day of such Interest Period (or if such rate does not appear on the Reuters Screen LIBOR01 Page, then the rate as determined by the Administrative Agent from another recognized source or interbank quotation), for a term, and in an amount, comparable to the Interest Period and the amount of the LIBO Rate Loan requested (whether as an initial LIBO Rate Loan or as a continuation of a LIBO Rate Loan or as a conversion of a Base Rate Loan to a LIBO Rate Loan) by Borrowers in accordance with this Agreement (and, if any such rate is below zero, the LIBO Rate shall be deemed to be zero), which determination shall be made by Agent and shall be conclusive in the absence of manifest error. For purposes hereof: “London Business Day” means a day on which commercial banks are open for general business (including dealings in foreign exchange and foreign currency deposits) in London, England, and “Reuters Screen LIBOR01 Page” means the display page LIBOR01 on the Reuters service or any successor display page, other published source, information vendor or provider that has been designated by the sponsor of Reuters Screen LIBOR01 page. If such rate is not available at such time for any reason, then the “LIBO Rate” for such Interest Period shall be the rate per annum determined by the Administrative Agent to be the rate at which deposits in Dollars for delivery on the first day of such Interest Period in same day funds in the approximate amount of the LIBO Rate Loan being made, continued, or converted by Xxxxx Fargo Bank and with a term equivalent to such Interest...

Commitment Increases has the meaning specified in Section 2.17(a). "CONFIDENTIAL INFORMATION" means information that any Loan Party furnishes to any Agent or any Lender Party on a confidential basis, but does not include any such information that is or becomes generally available to the public or that is or becomes available to such Agent or such Lender Party from a source other than the Loan Parties. "CONSOLIDATED" refers to the consolidation of accounts in accordance with GAAP. "CONTINGENT OBLIGATION" means, with respect to any Person, any Obligation or arrangement of such Person to guarantee or intended to guarantee any Debt, leases, dividends or other payment Obligations ("PRIMARY OBLIGATIONS") of any other Person (the "PRIMARY OBLIGOR") in any manner, whether directly or indirectly, including, without limitation, (a) the direct or indirect guarantee, endorsement (other than for collection or deposit in the ordinary course of business), co-making, discounting with recourse or sale with recourse by such Person of the Obligation of a primary obligor, (b) the Obligation to make take-or-pay or similar payments, if required, regardless of nonperformance by any other party or parties to an agreement or (c) any Obligation of such Person, whether or not contingent, (i) to purchase any such primary obligation or any property constituting direct or indirect security therefor, (ii) to advance or supply funds (A) for the purchase or payment of any such primary obligation or (B) to maintain revolving credit or equity capital of the primary obligor or otherwise to maintain the net worth or solvency of the primary obligor, (iii) to purchase property, assets, securities or services primarily for the purpose of assuring the owner of any such primary obligation of the ability of the primary obligor to make payment of such primary obligation or (iv) otherwise to assure or hold harmless the holder of such primary obligation against loss in respect thereof. The amount of any Contingent Obligation shall be deemed to be an amount equal to the stated or determinable amount of the primary obligation in respect of which such Contingent Obligation is made (or, if less, the maximum amount of such primary obligation for which such Person may be liable pursuant to the terms of the instrument evidencing such Contingent Obligation) or, if not stated or determinable, the maximum reasonably anticipated liability in respect thereof (assuming such Person is required to perform thereunder), as determined by s...

Commitment Increases has the meaning specified in Section 1.01(v)(a).

Commitment Increases has the meaning specified in Section 2.15(b)(i). “Committed Borrowing” means a borrowing consisting of simultaneous Committed Loans of the same Type and, in the case of LIBOR Rate Loans, having the same Interest Period made by each of the Lenders pursuant to Section 2.01. “Committed Loan” has the meaning specified in Section 2.01. “Commodity Exchange Act” means the Commodity Exchange Act (7 U.S.C. § 1 et seq.), as amended from time to time, and any successor statute. 11

Commitment Increases. (as defined in the BKIS Credit Facility (as in effect on the Second Amendment Effective Date)) and (y) in respect of any Cash Management Obligations and Secured Hedging Obligations (each as defined in the BKIS Credit Facility (as in effect on the Second Amendment Effective Date));

Commitment Increases has the meaning specified in Section 2.15(b)(i). “Commodity Exchange Act” means the Commodity Exchange Act (7 U.S.C. § 1 et seq.), as amended from time to time, and any successor statute.