Terms of Incremental Commitments. Unless otherwise agreed by Administrative Agent and the Lenders (including any Incremental Lender with regard to such Incremental Commitment):
Incremental Terms. The terms of the Incremental Loan shall be the same as the initial Loan made hereunder in all respects.
Incremental Revolving Commitments. (a) The Company may from time to time notify the Administrative Agent that certain of the Lenders designated by the Company and/or that additional lenders shall be added to this Agreement as Incremental Lenders with Commitments for the purpose of increasing the existing Commitments (a “Revolving Commitment Increase”) by executing and delivering to the Administrative Agent an Incremental Revolving Loan Activation Notice signed by such Lenders or such additional lenders and specifying # the respective Incremental Revolving Commitments of such Incremental Lenders and # the applicable Revolving Commitment Increase Date, and otherwise duly completed; provided that, after giving effect to such Revolving Commitment Increase (including the incurrence of any Incremental Revolving Loans on the applicable Revolving Commitment Increase Date and use of proceeds thereof), # no Default or Event of Default shall be continuing and # the aggregate amount of Commitments shall not exceed .
SECTION # REPRESENTATIONS AND WARRANTIES 37
Terms of Incremental Facilities. The terms and provisions of the Incremental Facilities shall be as follows:
Conditions to Effectiveness of Incremental Commitments. Notwithstanding the foregoing, no Incremental Commitments shall be effective unless:
SECTION # Incremental Revolving Commitments. (a) On the terms and subject to the conditions set forth herein, effective as of the Incremental Facility Closing Date, each Incremental Revolving Lender hereby agrees to provide Incremental Revolving Commitments in the amount set forth opposite its name on [Schedule I] hereto.
Terms of New Loans and Commitments. The terms and provisions of Loans made pursuant to Incremental Commitments shall be as follows:
“Class” # when used with respect to any Lender, refers to whether such Lender has a Loan or Commitment with respect to a particular Class of Loans or Commitments, # when used with respect to Commitments, refers to whether such Commitments are Non-Extended Revolving Credit Commitments, Extended Revolving Credit Commitments, Extending Revolving Credit Commitments of a given Extension Series, Commitments in respect of any Non-Extended Term Loans, Commitments in respect of any Extended Term Loans, Extending Term Loans of a given Extension Series, Revolving Commitment Increases, Other Revolving Credit Commitments, Initial Term Commitments, Incremental Term Commitments, Third Incremental Commitments, Additional Initial Term B-1 Commitments, Additional Incremental Term B-1 Commitments, Fourth Incremental Commitments or Refinancing Term Commitments of a given Refinancing Series and # when used with respect to Loans or a Borrowing, refers to whether such Loans, or the Loans comprising such Borrowing, are Non-Extended Revolving Credit Loans, Extended Revolving Credit Loans, Revolving Credit Loans under Revolving Commitment Increases, Revolving Credit Loans under Extending Revolving Credit Commitments of a given Extension Series, Revolving Credit Loans under Other Revolving Credit Commitments, Initial Term Loans (which, following the Amendment No. 1 Effective Date, will include the First Incremental Term Loans and, following the Amendment No. 2 Effective Date, will include the Second Incremental Term Loans), Third Incremental Term Loans, Initial Term B-1 Loans (which, following the Amendment No. 7 Effective Date, will include the Incremental Term B-1 Loans and, following the Amendment No. 8 Increase Effective Date, will include the Fourth Incremental Term Loans), Incremental Term Loans, Refinancing Term Loans of a given Refinancing Series, Non-Extended Term Loans, Extended Term Loans or Extending Term Loans of a given Extension Series. Revolving Credit Commitments, Incremental Revolving Credit Commitments, Extending Revolving Credit Commitments, Other Revolving Credit Commitments, Initial Term Commitments, Incremental Term Commitments or Refinancing Term Commitments (and in each case, the Loans made pursuant to such Commitments) that have different terms and conditions shall be construed to be in different Classes. Commitments (and, in each case, the Loans made pursuant to such Commitments) that have the same terms and conditions shall be construed to be in the same Class. There shall be no more than an aggregate of four Classes of revolving credit facilities and eight Classes of term loan facilities under this Agreement at any time outstanding under this Agreement.
“Incremental Revolving Facility” means an incremental portion of the Revolving Commitments established hereunder pursuant to an Incremental Facility Agreement providing for Incremental Revolving Commitments.
AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.
And AllDrafts generates clean Word and PDF files from any draft.