Common use of Fixed Incremental Amount and Ratio-Based Incremental Amount Clause in Contracts

Fixed Incremental Amount and Ratio-Based Incremental Amount. Incremental Facilities may be incurred under the Fixed Incremental Amount and/or the Ratio-Based Incremental Amount, and proceeds of any such Incremental Facility may be utilized in a single transaction by first calculating the incurrence under the Ratio-Based Incremental Amount (without inclusion of any amounts utilized pursuant to the Fixed Incremental Amount) and then calculating the incurrence under the Fixed Incremental Amount. The Company may redesignate all or any portion of any Incremental Facility originally designated as incurred under the Fixed Incremental Amount as having been incurred under the Ratio-Based Incremental Amount so long as, at the time of such redesignation, the Borrowers would be permitted to incur the aggregate principal amount of Indebtedness being so redesignated under the Ratio-Based Incremental Amount (which, for the avoidance of doubt, shall have the effect of increasing the Fixed Incremental Amount by the amount of such redesignated Incremental Facility).

Appears in 5 contracts

Samples: Credit Agreement (MGM Resorts International), Credit Agreement (MGM Resorts International), Credit Agreement (MGM Resorts International)

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