Fifth Amendment Incremental Term Loans Clause Samples

Fifth Amendment Incremental Term Loans. Subject to the satisfaction or waiver of the conditions set forth in Section 3 hereof on the Fifth Amendment Effective Date: (a) Each Fifth Amendment Incremental Term Loan Lender, by its execution of a Lender Addendum, agrees to make the Fifth Amendment Incremental Term Loans to the Borrower on the Fifth Amendment Effective Date in an aggregate principal amount set forth under the heading “Fifth Amendment Incremental Term Loan Commitment” opposite such Fifth Amendment Incremental Term Loan Lender’s name in the Lender Addendum of such Fifth Amendment Incremental Term Loan Lender (such commitment, the “Fifth Amendment Incremental Term Loan Commitment”). (b) From and after the Fifth Amendment Effective Date, Holdings, the Borrower, the Administrative Agent and the Fifth Amendment Incremental Term Loan Lenders agree that, for all purposes of the Amended Credit Agreement and the other Loan Documents, (i) each Fifth Amendment Incremental Term Loan Lender shall be deemed to be a Term Lender and a Lender under the Amended Credit Agreement, and each Fifth Amendment Incremental Term Loan Lender shall be a party to the Amended Credit Agreement and shall have the rights and obligations of a Lender under the Amended Credit Agreement and (ii) the Fifth Amendment Incremental Term Loans, when funded, shall be made a part of the existing tranche of Initial Term Loans and shall be deemed to be an Initial Term Loan, a Term Loan and a Loan for all purposes under the Amended Credit Agreement and the other Loan Documents, including, but not limited to, the fact that the Fifth Amendment Incremental Term Loans shall bear interest as provided in the Amended Credit Agreement in respect of Initial Term Loans. All Fifth Amendment Incremental Term Loans incurred pursuant to this Amendment will be allocated ratably to each outstanding borrowing of Initial Term Loans that are Eurocurrency Rate Loans under the Credit Agreement for purposes of determining the initial interest rate thereon and Interest Period therefor. (c) Section 1.01 of the Credit Agreement is hereby amended by: (i) amending and restating the definition of “Initial Term Loans” as follows: