Example ContractsClausesIncremental Facility
Incremental Facility
Incremental Facility contract clause examples

Incremental Facility. For the avoidance of doubt, the Revolver Increase contemplated by this Amendment shall not reduce the incremental facility permitted by [Section 2.22] of the Credit Agreement.

Incremental Facility Request. The Borrowers may, by written notice to the Administrative Agent on up to four occasions on or after the Effective Date (but not at any time after an election to extend the Scheduled Revolving Loan Maturity Date pursuant to [Section 3.5(b)]), elect to request # an increase to the existing Revolving Loan Commitments (any such increase, the “New Revolving Loan Commitments”) and/or # the establishment of one or more new term loan commitments (the “New Term Loan Commitments”, and together with the New Revolving Loan Commitments, the “Incremental Commitments”), by an aggregate amount of $400,000,000 that would result in the sum of all Revolving Loan Commitments (both existing Revolving Loan Commitments and New Revolving Loan Commitments) plus all New Term Loan Commitments, if any, not exceeding $1,000,000,000 in the aggregate (each such amount in addition to the Revolving Loan Commitments as of the Effective Date, a “Facility Increase” and the maximum aggregate increase, the “Maximum Increase Amount”) and not less than $25,000,000 per request (or such lesser amount which shall be approved by Administrative Agent or such lesser amount that shall constitute the difference between the Maximum Increase Amount and the sum of all such New Revolving Loan Commitments plus New Term Loan Commitments obtained prior to such date), and integral multiples of $1,000,000 in excess of that amount. Each such notice shall specify # the date (each, an “Increased Amount Date”) on which the Borrowers propose that the New Revolving Loan Commitments or New Term Loan Commitments, as applicable, shall be effective, which shall be a date not less than 10 Business Days, nor more than 30 Business Days after the date on which such notice is delivered to the Administrative Agent and # the identity of each Lender or other Person that is an Eligible Assignee (each Lender or other Eligible Assignee who agrees to provide all or a portion of the New Revolving Loan Commitments being referred to herein as a “New Revolving Loan Lender” and each Lender or other Eligible Assignee who agrees to provide all or portion of the New Term Loan Commitments being referred to herein as a “New Term Loan Lender”, as applicable) to whom the Borrowers propose any portion of such New Revolving Loan Commitments or New Term Loan Commitments, as applicable, be allocated and the amounts of such allocations; provided that any Lender or other Eligible Assignee approached to provide all or a portion of the New Revolving Loan Commitments or New Term Loan Commitments, as applicable, may elect or decline, in its sole discretion, to provide a New Revolving Loan

Incremental Facility. Except as otherwise specifically set forth herein, all of the other terms and conditions applicable to such Incremental Facility shall be identical to the terms and conditions applicable to the Revolving Facility (excluding upfront fees, arrangement fees or similar fees which may be paid by the Borrower in connection therewith) (provided that the Applicable Rate shall be increased to be consistent with that for such Incremental Facility).

Incremental Facility Conditions. After giving effect to the incurrence of the Additional Term [[Unknown Identifier]] Loans and the Term Loan Refinancing, each of the conditions set forth in [Section 2.25(a)] of the Credit Agreement shall be satisfied;

Terms of Incremental Revolving Facility Increase. Any Revolving Facility Increase shall be on the same terms (including pricing and maturity date) as, and pursuant to documentation applicable to, the Revolving Facility.

. (a[[Borrower:Organization]] The Borrower and the Co-Borrower may, by written notice to the Administrative Agent from time to time request Incremental Term Loans and/or Incremental Revolving Commitments in an aggregate amount not to exceed the Incremental Amount at such time from one or more Incremental Term Lenders and/or Incremental Revolving Lenders (which may include any existing Lender[[Borrower:Organization]] willing to provide such Incremental Term Loans and/or Incremental Revolving Commitments, as the case may be, in their own discretion; provided, that no Lender will be required to participate in any Incremental Facility without its consent and each Incremental Term Lender and/or Incremental Revolving Lender, if not already a Lender hereunder, shall be subject to the approval (which approval shall not be unreasonably withheld or delayed[[Borrower:Organization]] of the Administrative Agent (solely to the extent the Administrative Agent’s consent would otherwise be required for an assignment to such Incremental Term Lender or Incremental Revolving Lender, as applicable, in accordance with Section 10.6 hereof[[Borrower:Organization]] and, in the case of Incremental Revolving Lenders only, the Issuing Lender. Such notice shall set forth # the amount of the Incremental Term Loans and/or Incremental Revolving Commitments being requested (which shall be # with respect to Incremental Term Loans, in minimum increments of $10,000,000, # with respect to Incremental Revolving Commitments, in minimum increments of $5,000,000 or # equal 509265-1496-1626614997-Active.24788754.1135668272.3

Participation in Incremental Facility. Each notice from the Borrower pursuant to [Section 2.18(a)] shall specify # whether it proposes an Incremental Revolving Increase or a TL Tranche and # if it proposes a TL Tranche, the proposed terms thereof. At the time of sending such notice, the Borrower (in consultation with the Administrative Agent) shall specify the time period within which each Lender (if any) identified in such notice is requested to respond (which shall in no event be less than ten (10) Business Days from the date of delivery of such notice to such Lender). Each Lender (if any) identified in such notice shall endeavor to notify the Administrative Agent within the specified period for a response whether or not it agrees to provide all or a portion of such increase and, if so, the amount of such requested increase that it proposes to provide. Any Lender approached to provide all or a portion of such increase may elect or decline, in its sole discretion, to provide all or a portion of such increase in the applicable facility offered to it. Any Lender not responding within such time period shall be deemed to have declined to provide any portion of the requested increase. Any Eligible Assignee providing any portion of the requested increase that is not an existing Lender shall become a Lender pursuant to a joinder agreement in form and substance reasonably satisfactory to the Administrative Agent and its counsel (a “New Lender Joinder Agreement”). The Administrative Agent shall promptly notify the Borrower and each Lender of the Lenders’ responses to each request made hereunder.

Facility. Client shall deliver Product to Cardinal Health at Cardinal Health’s facility located at [[Address B:Address]], [[Address B:Address]], [[Address B:Address]], or to such other distribution facility as may be designated by Cardinal Health to Client in writing and agreed upon by Client (“Facility”).

Incremental Facility. If an Incremental Facility is requested, all conditions set forth in [Section 2.22] shall have been satisfied.

Incremental Facility. Except as otherwise specifically set forth herein, all of the other terms and conditions applicable to such Incremental Facility shall be identical to the terms and conditions applicable to the Revolving Facility.

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