Term Loans. Upon the satisfaction of the applicable conditions precedent set forth in Article V and Section 2.23, each Lender with an Incremental Term Loan Commitment severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make an Incremental Term Loan in Dollars to on the effective date of any applicable Commitment Increase pursuant to Section 2.23 hereof, in an amount equal to such Lenders Incremental Term Loan Commitment; provided, that at no time shall the Facility Obligations Amount exceed the Collateral Value Amount. Each such Lender shall make the amount of such Lenders Incremental Term Loan available to the Administrative Agent in New York, New York at its address specified in Article XIV in funds immediately available, as specified in any amendment contemplated by [Section 2.23(D)(iv)]. After the Administrative Agents receipt of the proceeds of such Incremental Term Loans from the applicable Lenders, the Administrative Agent shall make the proceeds of such Incremental Term Loans available to on the date on which any Incremental Term Loans are made by transferring immediately available funds equal to the proceeds of such Incremental Term Loans received by the Administrative Agent as shall instruct in writing. Additional terms (if any) applicable to any Incremental Term Loans shall be established in accordance with the terms of Section 2.23 pursuant to an amendment to this Agreement as contemplated by [Section 2.23(D)(iv)].
Term Loans. Upon the satisfaction of the applicable conditions precedent set forth in Article V and Section[Section 2.23,23], each Lender with an Incremental Term Loan Commitment severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make an Incremental Term Loan in Dollars to the Company on the effective date of any applicable Commitment Increase pursuant to Section[Section 2.2323] hereof, in an amount equal to such LenderLender’s Incremental Term Loan Commitment; provided, that at no time shall the Facility Obligations Amount exceed the Collateral Value Amount.Commitment. Each such Lender shall make the amount of such LenderLender’s Incremental Term Loan available to the Administrative Agent in New York, New York at its address specified in Article XIV[Article XIV] in funds immediately available, as specified in any amendment contemplated by [Section 2.23(D)(iv)]. After the Administrative AgentAgent’s receipt of the proceeds of such Incremental Term Loans from the applicable Lenders, the Administrative Agent shall make the proceeds of such Incremental Term Loans available to the Company on the date on which any Incremental Term Loans are made by transferring immediately available funds equal to the proceeds of such Incremental Term Loans received by the Administrative Agent as the Company shall instruct in writing. Additional terms (if any) applicable to any Incremental Term Loans shall be established in accordance with the terms of Section[Section 2.2323] pursuant to an amendment to this Agreement as contemplated by [Section 2.23(D)(iv)].
Term Loans. UponSECTION #Funding. Pursuant to and in accordance with [Section 2.14] of the Credit Agreement and subject to the satisfaction of(or waiver by the applicable conditions precedent set forth in Article V and Section 2.23, each Lender with an2021-1 Incremental Term Loan Commitment severally and not jointly agrees, onLender in its sole discretion) of the terms and conditions set forth in this Agreement,Section 4 hereof, on the Funding Date, the 2021-1 Incremental Term Lender agrees to make an2021-1 Incremental Term Loans to the Borrowers in Dollars in a principal amount equal to its 2021-1 Incremental Term Loan in Dollars to on the effective date of any applicable Commitment Increase pursuant to Section 2.23 hereof, in an amount equal to such Lenders Incremental Term Loan Commitment; provided, that at no time shall the Facility Obligations Amount exceed the Collateral Value Amount. Each such Lender shall make the amount of such Lenders Incremental Term Loan available to the Administrative Agent in New York, New York at its address specified in Article XIV in funds immediately available, as specified in any amendment contemplated by [Section 2.23(D)(iv)]. After the Administrative Agents receipt of the proceeds of such Incremental Term Loans from the applicable Lenders, the Administrative Agent shall make the proceeds of such Incremental Term Loans available to on the date on which any Incremental Term Loans are made by transferring immediately available funds equal to the proceeds of such Incremental Term Loans received by the Administrative Agent as shall instruct in writing. Additional terms (if any) applicable to anyCommitment. The 2021-1 Incremental Term Loans shall be established in accordance withas an increase to, and be part of the termssame Tranche as and fungible with, the Tranche B-1 Term Loans funded on the Amendment No. 1 Funding Date and shall otherwise be subject to the provisions of Section 2.23 pursuant to an amendment to this Agreement as contemplated bythe Credit Agreement. The parties hereto agree that the requirement set forth in [Section 2.23(D)(iv)14(a)]. of the Credit Agreement for the Borrowers to provide written notice to the Administrative Agent with respect to the 2021-1 Incremental Term Loans no later than ten (10) Business Days prior to the effectiveness thereof is deemed satisfied hereby.
Term Loans. Upon the satisfaction of the applicable conditions precedent set forth in Article V and Section 2.23, each Lender with an Incremental Term Loan Commitment severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make an Incremental Term Loan in Dollars to on the effective date of any applicable Commitment Increase pursuant to Section 2.23 hereof, in an amount equal to such Lenders Incremental Term Loan Commitment; provided, that at no time shall the Facility Obligations Amount exceed the Collateral Value Amount. Each such Lender shall make the amount of such Lenders Incremental Term Loan available to the Administrative Agent in New York, New York at its address specified in Article XIV in funds immediately available, as specified in any amendment contemplated by [Section 2.23(D)(iv)]. After the Administrative Agents receipt of the proceeds of such Incremental Term Loans from the applicable Lenders, the Administrative Agent shall make the proceeds of such Incremental Term Loans available to on the date on which any Incremental Term Loans aremay be made by transferring immediately available funds equal to the proceeds of such Incremental Term Loans received by the Administrative Agent as shall instruct in writing. Additional terms (if any) applicable to any Incremental Term Loans shall be established in accordance with the terms of Section 2.23hereunder pursuant to an amendment or restatement (an “Incremental Term Loan Amendment”) of this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Lender providing such Incremental Term Loans, if any, and the Administrative Agent. The Incremental Term Loan Amendment may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as contemplated bymay be necessary or appropriate, in the reasonable opinion of the Administrative Agent, to effect the provisions of this [Section 2.23(D)(iv)]20]. Nothing contained in this [Section 2.20] shall constitute, or otherwise be deemed to be, a commitment on the part of any Lender to increase any of its Commitments hereunder, or provide Incremental Term Loans, at any time.
Term Loans. Upon the satisfactionAll terms (including, without limitation, maturity, amortization, pricing, prepayment, etc.) of the applicable conditions precedent set forth in Article V and Section 2.23, each Lender with an Incremental Term Loan Commitment severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make an Incremental Term Loan in Dollars to on the effective date of any applicable Commitment Increase pursuant to Section 2.23 hereof, in an amount equal to such Lenders Incremental Term Loan Commitment; provided, that at no time shall the Facility Obligations Amount exceed the Collateral Value Amount. Each such Lender shall make the amount of such Lenders Incremental Term Loan available to the Administrative Agent in New York, New York at its address specified in Article XIV in funds immediately available, as specified in any amendment contemplated by [Section 2.23(D)(iv)]. After the Administrative Agents receipt of the proceeds of such Incremental Term Loans from the applicable Lenders, the Administrative Agent shall make the proceeds of such Incremental Term Loans available to on the date on which any Incremental Term Loans are made by transferring immediately available funds equal to the proceeds of such Incremental Term Loans received by the Administrative Agent as shall instruct in writing. Additional terms (if any) applicable to any Incremental Term Loans shall be establishedas set forth in accordance witha separate incremental agreement among the termsBorrower, the Lenders providing such Incremental Term Loans and the Administrative Agent, the execution and delivery of which incremental agreement shall be a condition to the effectiveness of the Incremental Term Loans. If the Borrower incurs Incremental Revolving Commitments under this Section, the Borrower shall, after such time, repay and incur Revolving Loans ratably as between the Incremental Revolving Commitments and the Revolving Commitments outstanding immediately prior to such incurrence. Notwithstanding anything to the contrary in Section 2.2310.2, the Administrative Agent is expressly permitted to amend the Loan Documents to the extent necessary to give effect to any increase pursuant to an amendmentthis Section and mechanical changes necessary or advisable in connection therewith (including amendments to implement the requirements in this [Section 2.23(d)], amendments to ensure pro rata allocations of Eurodollar Loans and Base Rate Loans between Loans incurred pursuant to this Agreement as contemplated by [Section 2.23(D)(iv)]Section and Loans outstanding immediately prior to any such incurrence and amendments to implement ratable participation in Letters of Credit).
Incremental Term Loans. UponIncremental Term Loan Facilities and Incremental Term Loans may be made hereunder pursuant to a supplement, an amendment or an amendment and restatement (an “Incremental Term Loan Facility Amendment”) of this Agreement and, as appropriate, the satisfaction ofother Loan Documents, executed by the applicable conditions precedent set forth in Article V and Section 2.23,Borrower, each Incremental Term Loan Lender with(including any new Lender becoming a party to this Agreement as an Incremental Term Loan Commitment severally and not jointly agrees, on the terms and conditions set forth in this Agreement,Lender) with respect to make ansuch Incremental Term Loan Facility and the Administrative Agent. Notwithstanding anything to the contrary in Dollars to onSection 11.01, the effective date of any applicable Commitment Increase pursuant to Section 2.23 hereof, in an amount equal to such Lenders Incremental Term Loan Commitment; provided, that at no time shallFacility Amendment may, without the Facility Obligations Amount exceedconsent of any other [[Loan Parties:Organization]], effect such amendments to this Agreement and the Collateral Value Amount.other Loan Documents as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent, to effectuate the provisions of this [Section 2.15]. Each such Lender shall make the amount of such Lenders Incremental Term Loan availableFacility and the related Incremental Term Loans will be on such terms (including as to amortization and maturity) as are agreed to by the Administrative AgentBorrower and each Incremental Term Loan Lender in New York, New York at its address specified in Article XIV in funds immediately available, as specified in any amendment contemplated by [Section 2.23(D)(iv)]. After the Administrative Agents receipt ofapplicable Incremental Term Loan Facility Amendment with respect to such Incremental Term Loan Facility and, if the proceedsterms of such Incremental Term Loans fromLoan Facility and the applicable Lenders, the Administrative Agent shall make the proceeds of suchrelated Incremental Term Loans available to on(other than final maturity) are not the date on whichsame as any Incremental Term Loans are made by transferring immediately available funds equal to the proceeds of such Incremental Term Loans received by the Administrative Agent as shall instruct in writing. Additional terms (if any) applicable to any Incremental Term Loans shall be established in accordance with the terms of Section 2.23 pursuant to an amendment to this Agreement as contemplated by [Section 2.23(D)(iv)]. then existing IF " DOCVARIABLE "SWDocIDLocation" 1" = "1" " DOCPROPERTY "SWDocID" US 172801506" "" US 172791558
Term Loans. Upon the satisfaction of the applicable conditions precedent set forth in Article V and Section 2.23, each Lender with an Incremental Term Loan Commitment severally and not jointly agrees, onSubject to the terms and conditions set forth in this Agreement, to make anherein and of any Incremental Term Loan Amendment effected in Dollars to on the effective date of any applicable Commitment Increase pursuant toaccordance with Section 2.23 hereof, in an amount equal20, each Lender that has a commitment to such Lendersfund Incremental Term Loan Commitment; provided, that at no time shallLoans in accordance with the Facility Obligations Amount exceed the Collateral Value Amount. Each such Lender shallprovisions of Section 2.20 agrees to make the amount of such Lenders Incremental Term Loan available to the Administrative Agent in New York, New York at its address specified in Article XIV in funds immediately available, as specified in any amendment contemplated by [Section 2.23(D)(iv)]. After the Administrative Agents receipt of the proceedsratable share of such Incremental Term Loans fromto the applicable Lenders,Borrower on the Administrative Agent shall make the proceeds ofapplicable effective date for such Incremental Term Loans available to onLoans, in the date on which any Incremental Term Loans are made by transferring immediately available funds equal to the proceedsaggregate principal amount of such Incremental Term Loans received by the Administrative Agent as shall instruct in writing. Additional terms (if any) applicable to any Incremental Term Loans shall be established in accordance with the terms of Section 2.23 pursuant to an amendment to this Agreement as contemplated by [Section 2.23(D)(iv)]. Lender’s commitment.
any Lender (other than the Lenders participating in the increase or any Incremental Term Loans. UponLoan, which consent shall be deemed to have occurred upon execution of an agreement substantially in the satisfactionform of [Exhibit C] or [Exhibit D], as the applicable conditions precedent set forthcase may be) shall be required for any increase in Article V and Section 2.23, each Lender with anRevolving Commitments or Incremental Term Loan Commitment severallypursuant to this [Section 2.20]. Increases and not jointly agrees,new Revolving Commitments and Incremental Term Loans created pursuant to this [Section 2.20] shall become effective on the termsdate agreed by the Company, the Administrative Agent and the relevant Increasing Lenders or Augmenting Lenders, and the Administrative Agent shall notify each Lender thereof. Notwithstanding the foregoing, no increase in the Revolving Commitments (or in the Revolving Commitment of any Lender) or tranche of Incremental Term Loans shall become effective under this paragraph unless, # on the proposed date of the effectiveness of such increase or, in the case of Incremental Term Loans, on the date specified in the agreement substantially in the form of [Exhibit C] or [Exhibit D], as the case may be, # the conditions set forth in this Agreement,paragraphs [(a) and (b) of Section 4.02] shall be satisfied or waived by the Administrative Agent, the Increasing Lenders and the Augmenting Lenders and the Administrative Agent shall have received a certificate to make an Incremental Term Loanthat effect dated such date and executed by a Financial Officer of the Company and # the Company shall be in Dollarscompliance (on a pro forma basis) with the covenants contained in [Section 6.05] and # the Administrative Agent shall have received (to the extent not previously received, or to the extent reasonably requested, in each case by the Administrative Agent) documents and opinions consistent with those delivered on the Effective Date as to the organizational power and authority of the Borrowers to borrow hereunder after giving effect to such increase. On the effective date of any applicable Commitment Increase pursuant to Section 2.23 hereof,increase in an amount equal to such Lendersthe Revolving Commitments or any Incremental Term Loan Commitment; provided, that at no time shall the Facility Obligations Amount exceed the Collateral Value Amount. Each suchLoans being made, # each relevant Increasing Lender and Augmenting Lender shall make the amount of such Lenders Incremental Term Loan available to the Administrative Agent such amounts in New York, New York at its address specified in Article XIV inimmediately available funds immediately available, as specified in any amendment contemplated by [Section 2.23(D)(iv)]. After the Administrative Agents receipt of the proceeds of such Incremental Term Loans from the applicable Lenders, the Administrative Agent shall makedetermine, for the proceedsbenefit of the other Lenders, as being required in order to cause, after giving effect to such increase and the use of such Incremental Termamounts to make payments to such other Lenders, each Lender’s portion of the outstanding Revolving Loans availableof all the Lenders to onequal its Applicable Percentage of such outstanding Revolving Loans, and # the Borrowers shall be deemed to have repaid and reborrowed all outstanding Revolving Loans as of the date on whichof any Incremental Term Loans are made by transferring immediately available funds equalincrease in the Revolving Commitments (with such reborrowing to consist of the proceedsTypes of such Incremental Term Loans receivedRevolving Loans, with related Interest Periods if applicable, specified in a notice delivered by the Administrative Agent as shall instruct in writing. Additional terms (if any) applicable to any Incremental Term Loans shall be establishedBorrower, or the Company on behalf of the applicable Borrower, in accordance with the requirements of [Section 2.03]). The deemed payments made pursuant to clause (ii) of the immediately preceding sentence shall be accompanied by payment of all accrued interest on the amount prepaid and, in respect of each EurocurrencyTerm Benchmark Loan, shall be subject to indemnification by the Borrowers pursuant to the provisions of [Section 2.16] if the deemed payment occurs other than on the last day of the related Interest Periods. The Incremental Term Loans # shall rank pari passu in right of payment with the Revolving Loans and the initial Term Loans, # shall not mature earlier than the latest Maturity Date hereunder (but may have amortization prior to such date) and # shall be treated substantially the same as (and in any event no more favorably than) the Revolving Loans and the initial Term Loans; provided that # the terms and conditions applicable to any tranche of Section 2.23Incremental Term Loans maturing after the latest Maturity Date hereunder then in effect at the time of the effectiveness of such tranche of Incremental Term Loans may provide for material additional or different financial or other covenants or prepayment requirements applicable only during periods after such Maturity Date or, so long as also applying for the benefit of the Term Loans and Revolving Loans outstanding prior to giving effect thereto, may provide for additional covenants and/or events of default agreed upon by the Company, the Administrative Agent, the Augmenting Lenders and the Increasing Lenders and # the Incremental Term Loans may be priced differently than the Revolving Loans and the initial Term Loans and may provide for amortization payments as agreed upon by the Company, the Administrative Agent, the Augmenting Lenders and the Increasing Lenders. Incremental Term Loans may be made hereunder pursuant to an amendment or restatement (an “Incremental Term Loan Amendment”) of this Agreement and, as appropriate, the other Loan Documents, executed by the Borrowers, each Increasing Lender participating in such tranche, each Augmenting Lender participating in such tranche, if any, and the Administrative Agent. The Incremental Term Loan Amendment may, without the consent of any other Lenders, effect such amendments to this Agreement# The Administrative Agent shall have received a certificate, dated the Effective Date and signed by the President, a Vice President or a Financial Officer of the Company, certifying # that the representations and warranties contained in Article III are true and correct as contemplated by [Section 2.23(D)(iv)]. of such date and # that no Default or Event of Default has occurred and is continuing as of such date.
Term Loans. Upon the satisfaction of the applicable conditions precedent set forth in Article V and Section 2.23, each Lender with an Incremental Term Loan Commitment severally and not jointly agrees, onBorrowings. Subject to the terms and conditions set forth herein and in this Agreement, to make an Incremental Term Loan in DollarsFacility Amendment, each Incremental Term Loan Lender severally agrees to make a single Loan to the Borrower on the effective date of any applicable Commitment Increase pursuant to Section 2.23 hereof,Effective Date in an amount equal to such LenderLender’s Incremental Term Loan Commitment; provided, that at no time shall the Facility Obligations Amount exceed the Collateral Value Amount.Commitment. Each such Lender shall make the amount of such Lenders Incremental Term Loan available toBorrowing shall consist of Incremental Terms Loans made simultaneously by the Administrative AgentIncremental Term Loan [[Loan Parties:Organization]] in New York, New York at its address specified in Article XIV in funds immediately available, as specified in any amendment contemplated by [Section 2.23(D)(iv)]. After the Administrative Agents receipt of the proceedsaccordance with their respective Applicable Percentages of such Incremental Term Loans fromLoan Facility. Amounts borrowed under this Section 2.01(b) and the applicable Lenders, the Administrative Agent shall make the proceeds of suchrelated Incremental Term Loan Facility Amendment and repaid or prepaid may not be reborrowed. Incremental Term Loans available to onmay be of such types as set forth in the date on which anyrelated Incremental Term Loans are made by transferring immediately available funds equal to the proceeds of such Incremental Term Loans received by the Administrative Agent as shall instruct in writing. Additional terms (if any) applicable to any Incremental Term Loans shall be established in accordance with the terms of Section 2.23 pursuant to an amendment to this Agreement as contemplated by [Section 2.23(D)(iv)]. Loan Facility Amendment.
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