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Increasing Lenders
Increasing Lenders contract clause examples
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Each Increasing Lender shall pay to the Administrative Agent on the Effective Date, in immediately available funds, an amount equal to the amount, if any, by which such Increasing Lender’s Pro Rata Share (determined after giving effect to the adjustment of the Revolving Line Portions pursuant to this Sixth Amendment, including the increase of such Increasing Lender’s Revolving Line Portion) of the aggregate principal amount of the Revolving Credit Loans to be outstanding immediately upon the Effective Date, exceeds the aggregate principal amount of Revolving Credit Loans owing to such Increasing Lender immediately prior to the Effective Date. Such amount paid by any such Increasing Lender shall be deemed the purchase price for the acquisition by such Increasing Lender of such additional amount of Revolving Credit Loans from Lenders whose Revolving Line Portions are not increased (or are decreased) under this Sixth Amendment, other than the Departing Lenders (collectively, the “Non-Increasing Lenders”) and, if applicable, other Lenders. The Administrative Agent shall distribute such amounts as received from the Increasing Lenders as may be necessary so that the Revolving Credit Loans are held by the Increasing Lenders, the New Lenders and the Non-Increasing

Increasing Lender” and “Increasing Lenders” shall have the meanings set forth in [Section 2.23].

Each Increasing Lender shall pay to the Administrative Agent on the Effective Date, in immediately available funds, an amount equal to the amount, if any, by which such Increasing Lender’s Pro Rata Share (determined after giving effect to the adjustment of the Revolving Line Portions pursuant to this Eighth Amendment, including the increase of such Increasing Lender’s Revolving Line Portion) of the aggregate principal amount of the Revolving Credit Loans to be outstanding immediately upon the Effective Date, exceeds the aggregate principal amount of Revolving Credit Loans owing to such Increasing Lender immediately prior to the Effective Date. Such amount paid by any such Increasing Lender shall be deemed the purchase price for the acquisition by such Increasing Lender of such additional amount of Revolving Credit Loans from Lenders whose Revolving Line Portions are not increased (or are decreased) under this Eighth Amendment (collectively, the “Non-Increasing Lenders”) and, if applicable, other Lenders. The Administrative Agent shall distribute such amounts as received from the Increasing Lenders as may be necessary so that the Revolving Credit Loans are held by the Increasing Lenders, the New Lender and the Non-Increasing Lenders in accordance with their respective Pro Rata Shares (determined after giving effect to the adjustment of Pro Rata Shares pursuant to this Eighth Amendment).

Any Increasing Lender shall pay to the Administrative Agent on the Increase Effective Date, in immediately available funds, an amount equal to the amount, if any, by which such Increasing Lender’s Pro Rata Share (determined after giving effect to the adjustment of the Revolving Line Portions pursuant to Section 3(a) of this Agreement, including the increase of such Increasing Lender’s Revolving Line Portion) of the aggregate principal amount of the Loans to be outstanding immediately upon the Increase Effective Date exceeds the aggregate principal amount of Loans owing to such Increasing Lender immediately prior to the Increase Effective Date. Such amount paid by any such Increasing Lender shall be deemed the purchase price for the acquisition by such Increasing Lender of such additional amount of Loans from Lenders whose Revolving Line Portions are not increased under this Agreement (“Non Increasing Lenders”) and, if applicable, other Lenders. The Administrative Agent shall distribute such amounts as received from the Increasing Lenders as may be necessary so that the Loans are held by the Increasing Lenders and Non Increasing Lenders in accordance with their respective Pro Rata Shares (determined after giving effect to the adjustment of Revolving Line Portions pursuant to Section 3(a) of this Agreement).

Pursuant to [Section 2.3.3.1] of the Credit Agreement, each of the Increasing Lenders listed under the heading “Increasing Lenders” on the signature pages hereof hereby notifies you of its agreement to increase its Commitment to an aggregate Commitment for such Increasing Lender by and to the amounts set forth opposite the name of such Increasing Lender listed in [Schedule I] hereto, such increase to be effective as of the Commitment Increase Date (as defined in the Increase Request).

Each of the undersigned Lenders party to the Existing Credit Agreement whose Revolving Line Portions are increased under this Sixth Amendment, if any (collectively (if any), the “Increasing Lenders”) and, each of CIBC Bank USA and HSBC Bank USA, N.A. (the “New Lenders”), have agreed to increase its (or make its) Revolving Line Portions (as applicable) as governed by the Credit Agreement on the terms and subject to the conditions set forth therein and in this Sixth Amendment. Effective upon the Effective Date (as defined in Section 3 below), the Revolving Line Portions for each Increasing Lender, each Non-Increasing Lender (as defined below) and each New Lender shall be as set forth on [Schedule 1.0] to the Credit Agreement attached as Annex I hereto (after giving effect to this Sixth Amendment). Each of the Increasing Lenders, the New Lenders and the Non-Increasing Lenders hereby agrees as follows:

Repricing Lenders, Revolving Lenders and Increasing Lender signature pages on file with the Administrative Agent

New Lender” shall have the meaning specified in Section 2.11(a) [Increasing Lenders and New Lenders].

New Lender shall have the meaning specified in [Section 2.11(a)] [Increasing Lenders and New Lenders].

Increasing Lenders” shall have the meaning set forth in Section 2.16.

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