Common use of Additional Credit Agreements Clause in Contracts

Additional Credit Agreements. To the extent, but only to the extent, permitted by the provisions of the ABL Loan Documents and the Term Loan Documents, 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 constitutes, and that the Company designates as, an Additional ABL Credit Agreement or Additional Term Loan 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 an Additional Term Loan 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 Term Loan 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 Term Loan 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 Additional ABL Credit Agreement or Additional Term Loan Agreement, as applicable, provides that the Claimholders thereunder will be subject to and bound by the provisions of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Pioneer Energy Services Corp)

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Additional Credit Agreements. To the extent, but only to the extent, permitted by the provisions of the ABL Loan Documents, the Senior Term Loan Documents and the Junior Term Loan Documents, the Company Parent 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 constitutes, and that the Company Parent Borrower designates as, an Additional ABL Senior Term Credit Agreement or Additional Junior Term Loan Credit Agreement as applicable. In order to so designate any credit agreements, debt facilities, indentures and/or commercial paper facilities as an Additional ABL Junior Term Credit Agreement or an Additional Senior Term Loan 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 Senior Term Credit Agreement or Additional Junior Term Loan Credit Agreement as applicable and the Company Parent Borrower must deliver to each Agent a designation in substantially the form of Exhibit B hereto. Additionally, Additionally the Agent under such Additional ABL Senior Term Credit Agreement or Additional Junior Term Loan Credit Agreement shall have executed and delivered to each other Collateral Agent a joinder agreement in substantially the form of Exhibit C hereto whereby such new Collateral Agent agrees to be bound by the terms of this Agreement and represents and warrants that the Additional ABL Senior Term Credit Agreement or Additional Junior Term Loan Credit Agreement, as applicable, provides that the Claimholders thereunder will be subject to and bound by the provisions of this Agreement.

Appears in 1 contract

Samples: Abl/Term Intercreditor Agreement (Hornbeck Offshore Services Inc /La)

Additional Credit Agreements. To the extent, but only to the extent, permitted by the provisions of the then extant ABL Loan Documents and the Term Fixed Asset Loan Documents, the Company 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 constitutes, and that the Company Holdings or Borrower designates as, an Additional as a Replacement ABL Credit Agreement or Additional Term Loan 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 an Additional a Replacement ABL Credit Agreement or an Additional Term Loan Agreement 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 Replacement ABL Credit Agreement or Additional Term Loan Fixed Asset Credit Agreement as applicable and the Company Holdings or Borrower must deliver to each Agent a designation in substantially the form of Exhibit B hereto. Additionally, Additionally the Agent under such Additional Replacement ABL Credit Agreement or Additional Term Loan 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 Additional Replacement ABL Credit Agreement or Additional Term Loan Fixed Asset Credit Agreement, as applicable, applicable provides that the Claimholders thereunder will be subject to and bound by the provisions of this Agreement.

Appears in 1 contract

Samples: Term Loan Credit Agreement (ProFrac Holding Corp.)

Additional Credit Agreements. (a) To the extent, but only to the extent, permitted by the provisions of the ABL Loan Documents and the Term Fixed Asset Loan Documents, 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 constitutes, and that the Company designates as, as an Additional ABL Credit Agreement or Additional Term Loan 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 an Additional Term Loan 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 Term Loan 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, Additionally the Agent under such Additional ABL Credit Agreement or Additional Term Loan Fixed Asset Credit Agreement shall have executed and delivered to each other Collateral Agent a joinder agreement in substantially the form of Exhibit C hereto whereby such new Collateral Agent agrees to be bound by the terms of this Agreement and represents and warrants that the Additional ABL Credit Agreement or Additional Term Loan Fixed Asset Credit Agreement, as applicable, provides that the Claimholders thereunder will be subject to and bound by the provisions of this Agreement.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Staples Inc)

Additional Credit Agreements. To the extent, but only to the extent, permitted by the provisions of the ABL Loan Documents and the Term Fixed Asset Loan Documents, Holdings and/or any of the Company other Grantors 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 constitutes, and that the Company Holdings designates as, as an Additional ABL Credit Agreement or Additional Term Loan 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 an Additional Term Loan 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 Term Loan Fixed Asset Credit Agreement as applicable and the Company Holdings must deliver to each Agent a designation in substantially the form of Exhibit B hereto. Additionally, Additionally the Agent under such Additional ABL Credit Agreement or Additional Term Loan 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 Additional ABL Credit Agreement or Additional Term Loan Fixed Asset Credit Agreement, as applicable, provides that the Claimholders thereunder will be subject to and bound by the provisions of this Agreement.

Appears in 1 contract

Samples: Term Loan Credit and Guaranty Agreement (Fairmount Santrol Holdings Inc.)

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Additional Credit Agreements. (a) To the extent, but only to the extent, permitted by the provisions of the ABL Loan Documents and the Term Fixed Asset Loan Documents, 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 constitutes, and that the Company designates as, as an Additional ABL Credit Agreement or Additional Term Loan 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 an Additional Term Loan 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 Term Loan 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, Additionally the Agent under such Additional ABL Credit Agreement or Additional Term Loan Fixed Asset Credit Agreement shall have executed and delivered to each other Collateral Agent a joinder agreement in substantially the form of Exhibit C hereto whereby such new Collateral Agent agrees to be bound by the terms of this Agreement and represents and warrants that the Additional ABL Credit Agreement or Additional Term Loan Fixed Asset Credit Agreement, as applicable, provides that the Claimholders thereunder will be subject to and bound by the provisions of this Agreement.. [Signature Pages Follow]

Appears in 1 contract

Samples: Term Loan Credit Agreement

Additional Credit Agreements. To the extent, but only to the extent, permitted by the provisions of the ABL Loan Documents and the Term Loan Documents, and subject to the Term Cap Amount, 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 constitutes, and that the Company designates as, as an Additional ABL Credit Agreement or Additional Term Loan 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 an Additional Term Loan 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 Term Loan 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 Term Loan 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 Additional ABL Credit Agreement or Additional Term Loan Agreement, as 57 applicable, provides that the Claimholders thereunder will be subject to and bound by the provisions of this Agreement.. [Signature Pages Follow]

Appears in 1 contract

Samples: Intercreditor Agreement (Key Energy Services Inc)

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