Proposed Increased Commitment definition

Proposed Increased Commitment has the meaning specified in Section 2.17(b).

Proposed Increased Commitment shall have the meaning assigned thereto in Section 2.5.

Proposed Increased Commitment has the meaning specified in Section 2.04(b)(iv). “Proposed Existing Lender Incremental Term Loan Commitment” has the meaning specified in Section 2.04(c)(iv). “Proposed New Commitment” has the meaning specified in Sections 2.04(b)(iii). “Proposed New Lender Incremental Term Loan Commitment” has the meaning specified in Section 2.04(c)(iii). “PTE” means a prohibited transaction class exemption issued by the U.S. Department of Labor, as any such exception may be amended from time to time. “QFC” has the meaning assigned to the term “qualified financial contract” in, and shall be interpreted in accordance with, 12 U.S.C. 5390(c)(8)(D). 34 WEIL:\98721861\10\35899.0596 “QFC Credit Support” has the meaning specified in Section 9.22. “Qualified ECP Guarantor” means, in respect of any Hedging Obligation, each Loan Party that has total assets exceeding $10 million at the time the relevant Loan Guaranty or grant of the relevant security interest becomes or would become effective with respect to such Hedging Obligation or such other person as constitutes an “eligible contract participant” under the Commodity Exchange Act or any regulations promulgated thereunder and can cause another person to qualify as an “eligible contract participant” at such time by entering into a keepwell under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act. “Quarterly Dates” means the first Business Day of each April, July, October and January, commencing on the first such date to occur after the Effective Date. “Receivable” means (a) a right to receive payment arising from the sale or lease of goods or services by a Person to another Person and (b) a right to receive payment arising under a bank acceptance draft or similar payment instrument issued by a bank in connection with the purchase of goods or services by a Person to another Person. “Recipient” means (a) the Administrative Agent, (b) any Lender or (c) any Issuing Bank, as applicable. “Reference Date” has the meaning specified in the definition of “Available Amount Basket”. “Register” has the meaning specified in Section 9.07(d). “Reimbursement Date” has the meaning specified in Section 3.02(g). “Reimbursement Obligations” means all matured reimbursement or repayment obligations of the Borrowers to any Issuing Bank with respect to amounts drawn under Letters of Credit. “Related Party” has the meaning specified in Section 9.04(b). “Real Property” of any Person shall mean all of the right, title and interest of such Person in an...

Examples of Proposed Increased Commitment in a sentence

• If the Total Committed Increase shall be at least $10,000,000 and less than or equal to the Proposed Aggregate Commitment Increase, then (x) the initial Commitment of each New Lender shall be such New Lender’s Proposed New Commitment and (y) the Commitment of each Lender shall be increased by such Lender’s Proposed Increased Commitment.

• The Administrative Agent shall promptly notify the Borrower and each other Lender of each Lender's decision and shall allocate the additional Acquisition Commitments among the Lenders based on the ratio of each Lender's Proposed Increased Commitment, if any, to the aggregate amount of all Proposed Increased Commitments.

• Each Lender or other Eligible Assignee that is willing to participate in such requested Commitment Increase (each, an “ Increasing Lender ”) shall, in its sole discretion, give written notice to the Administrative Agent on or prior to the Commitment Date of the amount by which it is willing to increase or establish, as applicable, its Commitment (the “ Proposed Increased Commitment ”).

• As a precondition to such Proposed Increased Commitment becoming effective, the Asset Coverage Ratio covenant shall be met respecting such new Maximum Amount.

• If the Lenders notify the Administrative Agent that they are willing to increase the amount of their respective Revolving Commitments by an aggregate amount that exceeds the amount of the requested Commitment Increase, the requested Commitment Increase shall be allocated to each Lender willing to participate therein in an amount equal to the Commitment Increase multiplied by the ratio of each Lender’s Proposed Increased Commitment to the aggregate amount of Proposed Increased Commitments.

• Each Bank, in its sole discretion, may irrevocably offer to commit to all or a portion of the Proposed Combined Commitments Increase in increments of $1,000,000 (the "Proposed Increased Commitment") by notifying the Administrative Agent (which shall give prompt notice thereof to Borrower) by Requisite Notice not later than the Requisite Time therefor.

• Borrower may offer the opportunity to provide all or a portion of the Proposed Increased Commitment to (i) other Lenders and/or (ii) other banks, financial institutions or other entities with the consent of the Administrative Agent and the L/C Issuer (which consents of the Administrative Agent and the L/C Issuer shall not be unreasonably withheld or delayed).

• If offered by Borrower, each Lender shall have the right, but not the obligation to commit to all or a portion of its pro rata amount of the Proposed Increased Commitment based on the then existing allocation of Commitments.

• Each Lender may, if, in its sole 36 discretion, it elects to do so, irrevocably offer to commit to all or a portion of such remainder (such Lender's "Proposed Increased Commitment") by notifying the Administrative Agent (which shall give prompt notice thereof to the Company) no later than 11:00 A.M. (New York City time) on the date five days before the Increase Date.

• Euthanized A fish will be considered euthanized when all opercular movements have ceased for a period of 10 minutes.

More Definitions of Proposed Increased Commitment

Proposed Increased Commitment has the meaning specified in Section 2.17(b). “Proposed Pledged Interests” means 100% of the direct Equity Interests in each owner and lessee of a Proposed Unencumbered Asset. “Proposed Pledgor” means any direct owner of Proposed Pledged Interests. “Proposed Unencumbered Asset” has the meaning specified in Section 5.01(k). “Pro Rata Share” of any amount means, with respect to any Lender at any time, (a) in the case of the Revolving Credit Facility, the product of such amount times a fraction the numerator of which is the amount of such Lender’s Revolving Credit Commitment at such time (or, if the Commitments shall have been terminated pursuant to Section 2.05 or 6.01, such Xxxxxx’s Revolving Credit Commitment as in effect immediately prior to such termination) and the denominator of which is the Revolving Credit Facility at such time (or, if the Commitments shall have been terminated pursuant to Section 2.05 or 6.01, the Revolving Credit Facility as in effect immediately prior to such termination), and (b) in the case of the Term Loan Facility, the product of such amount times a fraction the numerator of which is the amount of such Lender’s Term Loan Commitment at such time (or, if the Term Loan Commitments shall have expired, been fully funded or been terminated, such Lender’s Facility Exposure at such time with respect to the Term Loan Facility) and the denominator of which is the aggregate amount of the Lenders’ Term Loan Commitments at such time (or, if the Term Loan Commitments shall have expired, been fully funded or been terminated, the aggregate Facility Exposure at such time with respect to the Term Loan Facility). “PTE” means a prohibited transaction class exemption issued by the U.S. Department of Labor, as any such exemption may be amended from time to time. “Public Lender” has the meaning specified in Section 9.11. “Purchasing Lender” has the meaning specified in Section 2.17(e). “QFC” has the meaning specified in Section 9.18(b). “QFC Credit Support” has the meaning specified in Section 9.18(a). “Qualified ECP Guarantor” means, in respect of any Swap Obligation, each Guarantor that has total assets exceeding $10,000,000 at the time such Swap Obligation is incurred or such other Person as constitutes an ECP under the Commodity Exchange Act or any regulations promulgated thereunder.

Proposed Increased Commitment has the meaning specified in Section 2.07(a). “QFC” has the meaning specified in Section 8.22. “QFC Credit Support” has the meaning specified in Section 8.22. “Recipient” means (a) the Administrative Agent, (b) any Lender and (c) any LC Issuing Bank, as applicable. “Reference Time” has the meaning specified in Section 8.21(g). “Register” has the meaning specified in Section 8.07(c). “Related Parties” means, with respect to any Person, such Person’s Affiliates and the partners, directors, officers, employees, agents, trustees, administrators, managers, advisors and representatives of such Person and of such Person’s Affiliates. “Relevant Governmental Body” has the meaning specified in Section 8.21(g)means the FRB or the Federal Reserve Bank of New York, or a committee officially endorsed or convened by the FRB or the Federal Reserve Bank of New York, or any successor thereto. “Request for Issuance” means a request made pursuant to Section 2.04 in the form of Exhibit B. 21 AmericasActive:16624138.

Proposed Increased Commitment. “Purchasing Lender”, “Second Extension Date” and “Selling Lender”.

Proposed Increased Commitment has the meaning specified in Section 2.20(c). Five-Year Credit Agreement 11