Additional Credit Agreements Clause Samples
Additional Credit Agreements. To the extent, but only to the extent, permitted by the provisions of the then extant ABL Loan Documents and the Fixed Asset Loan Documents, Holdings and Borrower may incur or issue and sell one or more series or classes of Indebtedness under credit agreements, debt facilities, indentures and/or commercial paper facilities that Holdings or Borrower designates as a Replacement ABL Credit Agreement or Additional Fixed Asset Credit Agreement as applicable; provided, however that the Replacement ABL Credit Agreement must be entered into after or contemporaneously with the Discharge of ABL Obligations. In order to so designate any credit agreements, debt facilities, indentures and/or commercial paper facilities as a Replacement ABL Credit Agreement or Additional Fixed Asset Credit Agreement, as applicable, such credit agreements, debt facilities, indentures and/or commercial paper facilities must satisfy the requirements of the definition of Replacement ABL Credit Agreement or Additional Fixed Asset Credit Agreement as applicable and Holdings or Borrower must deliver to each Agent a designation in substantially the form of Exhibit B hereto. Additionally the Agent under such Replacement ABL Credit Agreement or Additional Fixed Asset Credit Agreement shall have executed and delivered to each other Agent a joinder agreement in substantially the form of Exhibit C hereto whereby such new Agent agrees to be bound by the terms of this Agreement and represents and warrants that the Replacement ABL Credit Agreement or Additional Fixed Asset Credit Agreement, as applicable provides that the Claimholders thereunder will be subject to and bound by the provisions of this Agreement.
Additional Credit Agreements. The Company may enter into one or more Additional Credit Agreements, in which case any obligations of the Company thereunder that are guaranteed by any of its subsidiaries (the "Additional Loans") shall be treated as Subject Obligations under this Agreement; provided that (i) each Additional Lender party to such Additional Credit Agreement, or the agent on behalf of all such Additional Lenders, shall sign an acknowledgment in the form of EXHIBIT A attached to this Agreement, by which each such Additional Lender agrees to be bound by the terms of this Agreement, and (ii) such Additional Lender (or the administrative agent on behalf of such Additional Lender) or the Company shall deliver a copy of the Additional Credit Agreement, the related Subsidiary Agreement and the acknowledgment to each existing Creditor.
Additional Credit Agreements. To the extent, but only to the extent, permitted by the provisions of the ABL Loan Documents and the Fixed Asset Loan Documents, and subject to the ABL Cap Amount or the Fixed Asset Cap Amount, as applicable, the Company may incur or issue and sell one or more series or classes of Indebtedness under credit agreements, debt facilities, indentures and/or commercial paper facilities that the Company designates as an Additional ABL Credit Agreement or Additional Fixed Asset Credit Agreement, as applicable. In order to so designate any credit agreements, debt facilities, indentures and/or commercial paper facilities as an Additional ABL Credit Agreement or Additional Fixed Asset Credit Agreement, as applicable, such credit agreements, debt facilities, indentures and/or commercial paper facilities must satisfy the requirements of the definition of Additional ABL Credit Agreement or Additional Fixed Asset Credit Agreement, as applicable, and the Company must deliver to each Agent a designation in substantially the form of Exhibit B hereto. Additionally the Agent under such Additional ABL Credit Agreement or Additional Fixed Asset Credit Agreement shall have executed and delivered a joinder agreement in substantially the form of Exhibit C hereto whereby such agent agrees to be bound by the terms of this Agreement. Table of Contents