Conditions to Effectiveness of Incremental Facility. As a condition precedent to such Incremental Facility, (i) the Parent Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of such Loan Party (x) (1) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such increase or (2) certifying that, as of such Increase Effective Date, the resolutions delivered to the Administrative Agent and the Lenders on the Closing Date (which resolutions include approval to increase the aggregate amount of the Facilities to an amount at least equal to $1,000,000,000) are and remain in full force and effect and have not been modified, rescinded or superseded since the date of adoption, and (y) in the case of the Parent Borrower, certifying that on the Increase Effective Date, immediately before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except (I) to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, (II) any representation or warranty that is already by its terms qualified as to “materiality”, “Material Adverse Effect” or similar language shall be true and correct in all respects as of such applicable date (including such earlier date set forth in the foregoing clause (I)) after giving effect to such qualification except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and (III) for purposes of this Section 2.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01, and (B) no Default exists, (ii) the Administrative Agent shall have received (x) a New Lender Joinder Agreement duly executed by the Parent Borrower and each Eligible Assignee that is becoming a Lender in connection with such increase, which New Lender Joinder Agreement shall be acknowledged and consented to in writing by the Administrative Agent and, in the case of an Incremental Revolving Increase, each L...
Conditions to Effectiveness of Incremental Facility. The effectiveness of each Incremental Facility shall be subject to the following conditions:
Conditions to Effectiveness of Incremental Facility. As conditions precedent to the effectiveness of each such Incremental Facility, each of the following requirements shall be satisfied on or prior to the applicable Increase Effective Date:
Conditions to Effectiveness of Incremental Facility. Notwithstanding the foregoing, any Commitment Increase pursuant to this Section shall not be effective with respect to any Lender or Eligible Assignee unless (i) the Agent shall have received on or before such Increase Date the following, each dated such date:
Conditions to Effectiveness of Incremental Facility. As a condition precedent to the establishment of any Incremental Facility, the Company, the Administrative Agent and the Incremental Lenders shall enter into a supplement to this Credit Agreement in substantially the form of Exhibit H hereto (the “Incremental Supplement”) duly completed such that the Incremental Supplement shall set forth the terms and conditions relating to the Incremental Facility; provided that, if any Incremental Facility shall have interest rates greater than 0.50% higher than the yield for the Revolving Credit Loans then in place then (x) the Applicable Rate or commitment fee applicable to the Revolving Credit Facility (and each other Incremental Facility) shall automatically be increased (to the extent that such higher yield is in the form of rate or commitment fee, as applicable) and (y) the Company shall pay to the Administrative Agent for the account of each of the Revolving Credit Lenders and each other Incremental Lender a fee (to the extent that such higher yield is in the form of fees or original issue discount) so as to cause the total yield of the Revolving Credit Facility and each other Incremental Lender to be no more than 0.50% per annum lower than the yield in respect of the new Incremental Facility. Upon the effective date of the Incremental Supplement, each lender thereunder shall become an Incremental Lender hereunder and such Incremental Supplement shall be deemed part of this Credit Agreement for all purposes thereafter.
Conditions to Effectiveness of Incremental Facility. As a condition precedent to the establishment of any such Incremental Facility, the Company, the Administrative Agent and the Incremental Facility Lenders shall enter into a supplement to this Credit Agreement with respect to such Incremental Facility in form and substance satisfactory to the Administrative Agent (each, an "Incremental Facility Supplement") duly completed such that the Incremental Facility Supplement shall set forth the terms and conditions relating to the Incremental Facility established; provided that, in any event, each Incremental Facility (i) shall have a weighted average life to maturity equal to or greater than the weighted average life to maturity of the Term A Facility, (ii) must not have scheduled amortization providing for principal repayments or commitment reductions earlier than, or in an amount on a percentage basis larger than, those dates or amounts set forth in the amortization schedule for the Term A Loans set forth herein, (iii) may not be secured by more or different collateral than the Loans hereunder, (iv) may be in the form of a revolving or a term credit facility and may be structured as an institutional tranche, (v) must be governed by this Credit Agreement and the other Loan Documents and (vi) be subject to terms and conditions not more restrictive than those set forth herein and therein for the Loans. Each Incremental Facility Supplement shall be accompanied by revised projections, which shall be in form and substance reasonably satisfactory to the Administrative Agent and which shall demonstrate the Company's ability to timely repay such Incremental Facility Commitment and any Incremental Facility Loans thereunder and to comply with the terms and conditions of this Credit Agreement and the other Loan Documents.
Conditions to Effectiveness of Incremental Facility. As a condition precedent to such Incremental Facility, the Borrower shall deliver to the Administrative Agent:
