Incremental Effective Date Sample Clauses

Incremental Effective Date. The Incremental Commitments shall be effected by a joinder agreement to this Agreement (the “Incremental Joinder Agreement”) executed by the Borrower, the Administrative Agent and each Lender making or providing such Incremental Commitment, in form and substance reasonably satisfactory to each of them, subject, however, to the satisfaction of the conditions precedent set forth in this Section 2.16. The Administrative Agent and the Borrower shall determine the effective date (each, an “Incremental Effective Date”) of any Incremental Commitments and the final allocation of such Incremental Commitments. The effectiveness of any such Incremental Commitments shall be subject to the satisfaction of the following conditions to the reasonable satisfaction of the Administrative Agent (and such other conditions as may be agreed by the Borrower, the Administrative Agent and the Lenders and other Persons making or providing such Incremental Commitment): (i) the Borrower shall deliver or cause to be delivered any legal opinions or other documents (including authorization documents) reasonably requested by the Administrative Agent in connection with any such Incremental Commitments; (ii) an Incremental Joinder Agreement shall have been duly executed and delivered by the Borrower, the Administrative Agent and each Lender and other Person making or providing such Incremental Commitment; (iii) no Default shall have occurred and be continuing or would exist immediately after giving effect to such Incremental Commitment; (iv) the representations and warranties of each Loan Party contained in Article V or any other Loan Document, or which are contained in any document furnished at any time under or in connection herewith or therewith, shall be true and correct in all material respects; (v) except as set forth in Section 2.16(a) and in clauses (i) - (iv) of this Section 2.16(b), the terms applicable to any Incremental Term Loan shall be consistent with those applicable to any then-existing term loans incurred under this Agreement; provided that any applicable Incremental Joinder Agreement may provide for (A) any additional or more or less restrictive covenants that are applicable only after the then latest Maturity Date with respect to any then-existing tranche of term loans incurred under this Agreement or (B) any other terms that are reasonably satisfactory to the Administrative Agent; and (vi) any Incremental Revolving Commitments shall have terms identical to the terms of ...
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Incremental Effective Date. The Administrative Agent and the Borrower shall determine the effective date for each Incremental Term Loan pursuant to this Section 2.27 (an “Incremental Effective Date”) and, if applicable, the final allocation of such Incremental Term Loan among the Persons providing it, which date shall be a Business Day at least 10 Business Days after delivery of the request pursuant to Section 2.27(a) (unless otherwise approved by the Administrative Agent) and at least 30 days before the Facility Termination Date.
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Incremental Effective Date. Subject in all respects to the Funding Conditions Provisions, the obligations of the 2022 Incremental Term Lenders to make their respective 2022 Incremental Term Commitments and 2022 Incremental Term Advances as provided in Section 3 hereof shall become effective on and as of the date when, and only when, the following conditions have been satisfied, or waived (by all 2022 Incremental Term Lenders) (the “2022 Incremental Effective Date”):
Sample 1
Incremental Effective Date. The Administrative Agent and the Borrowers shall determine the effective date for each Incremental Commitment pursuant to this Section 2.27 (an “Incremental Effective Date”) and, if applicable, the final allocation of such Incremental Commitment among the Persons providing it, which date shall be a Business Day at least 10 Business Days after delivery of the request pursuant to Section 2.27(a) (unless otherwise approved by the Administrative Agent) and at least 30 days before the Facility Termination Date.
Sample 1
Incremental Effective Date. The Administrative Agent shall have received (i) the fees required to be paid under any written agreements with the Tranche 1 Incremental Term Lenders and (ii) all expenses required to be paid by the Borrower in connection with this Agreement, in each case on or before the Tranche 1 Incremental Effective Date, in each case which amounts may be offset against the proceeds of the Tranche 1
Sample 1
Incremental Effective Date. The Incremental Effective Date shall have occurred on or prior to September 30, 2021. For purposes of determining compliance with the conditions specified in this Section 3, the Incremental Revolving Lenders shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Incremental Revolving Lenders, unless an officer of the Administrative Agent responsible for the transactions contemplated by this Agreement shall have received notice from the Incremental Revolving Lenders prior to the Incremental Effective Date specifying its objection thereto.
Sample 1
Incremental Effective Date. The Lender and the Borrower shall determine the effective date for each Incremental Revolving Commitment pursuant to this Section 2.17 (an “Incremental Effective Date”), which date shall be a Business Day at least 10 Business Days after delivery of the request pursuant to Section 2.16(a) (unless otherwise approved by the Lender) and at least 30 days before the then applicable Facility Termination Date.
Sample 1
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Incremental Effective Date. This Amendment shall not constitute an amendment or waiver of or consent to any provision of the Term Loan Agreement except as expressly stated herein and shall not be construed as an amendment, waiver or consent to any action on the part of the Borrower that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. After the Tranche B-2 Incremental Effective Date, any reference to the Term Loan Agreement shall mean the Term Loan Agreement as modified hereby. This Amendment shall constitute an “Incremental Facility Agreement”, the Tranche B-2 Lenders shall constitute “Lenders”, this Amendment and the Reaffirmation Agreement shall constitute “Loan Documents”, the Tranche B-2 Loans shall constitute “Loans” and the Tranche B-2 Commitments shall constitute “Incremental Commitments”, in each case for all purposes of the Term Loan Agreement and the other Loan Documents. Except as expressly amended hereby, the provisions of the Term Loan Agreement are and shall remain in full force and effect in accordance with their terms. The provisions of the other Loan Documents are and shall remain in full force and effect in accordance with their terms.
Sample 1

Related to Incremental Effective Date

  • Incremental Commitments (a) The Company may from time to time notify the Administrative Agent that certain of the Lenders designated by the Company and/or that additional lenders shall be added to this Agreement as Incremental Lenders with Commitments for the purpose of increasing the existing Commitments under the Facility (a “Commitment Increase”) by executing and delivering to the Administrative Agent an Incremental Loan Activation Notice signed by such Lenders or such additional lenders and specifying (i) the respective Incremental Commitments of such Incremental Lenders and (ii) the applicable Commitment Increase Date; provided, that after giving effect to such Commitment Increase (including the incurrence of any Incremental Loans on the applicable Commitment Increase Date and use of proceeds thereof) (x) no Default or Event of Default shall be continuing and (y) the sum of the Total Commitments then in effect (including, for the avoidance of doubt, Incremental Commitments) shall not exceed $2 billion. (b) Each Incremental Lender that is a signatory to an Incremental Loan Activation Notice severally agrees, on the terms and conditions of this Agreement, to make revolving credit loans (each, an “Incremental Loan”) to the Company and/or the applicable Subsidiary Borrowers from time to time on or after the Commitment Increase Date specified in such Incremental Loan Activation Notice in an aggregate principal amount outstanding at any time up to but not exceeding the amount of the Incremental Commitment of such Incremental Lender specified in such Incremental Loan Activation Notice, subject to the terms of this Agreement and the applicable Incremental Loan Activation Notice. Nothing in this Section 2.27 shall be construed to obligate any Lender to execute an Incremental Loan Activation Notice. (c) On any Commitment Increase Date, in the event any Loans under the Facility are then outstanding, (i) each relevant Incremental Lender shall make available to the Administrative Agent such amounts in immediately available funds as the Administrative Agent shall determine are necessary in order to cause, after giving effect to such increased Commitments and the application of such amounts to prepay Loans under the Facility of other relevant Lenders, the Loans under the Facility to be held ratably by all Lenders with Commitments in the Facility in accordance with such Commitments after giving effect to such increase, (ii) the Company and any relevant Subsidiary Borrower shall be deemed to have prepaid and reborrowed all outstanding Loans under this Agreement and (iii) the Company and any relevant Subsidiary Borrower shall pay to the relevant Lenders the amounts, if any, payable under Section 2.22 as a result of such prepayment.

  • Effective Date This agreement shall be effective upon its execution, and unless terminated as provided, shall continue in force until May 31, 2006 and thereafter from year to year, provided continuance is approved annually by the vote of a majority of the Board members of the Issuer, and by the vote of those Board members of the Issuer who are not "interested persons" of the Issuer and, if a plan under Rule 12b-1 under the Investment Company Act of 1940 is in effect, by the vote of those Board members of the Issuer who are not "interested persons" of the Issuer and who are not parties to the Distribution and Service Plan or this Agreement and have no financial interest in the operation of the Distribution and Service Plan or in any agreements related to the Distribution and Service Plan, cast in person at a meeting called for the purpose of voting on the approval. This Agreement shall automatically terminate in the event of its assignment. As used in this paragraph, the terms "assignment" and "interested persons" shall have the respective meanings specified in the Investment Company Act of 1940 as now in effect or as hereafter amended. In addition to termination by failure to approve continuance or by assignment, this Agreement may at any time be terminated by either party upon not less than sixty days' prior written notice to the other party.

  • Amendment Effective Date This Agreement and the provisions contained herein shall become effective as of the Amendment Effective Date.

  • Effective Dates This Letter of Understanding shall take effect for all grievances filed on or after February 1, 2022. This XXX shall expire upon successful ratification of a Memorandum of Agreement with respect to central terms. Should a Memorandum of Agreement with respect to central terms not be successfully ratified, the parties will meet within thirty (30) calendar days of the unsuccessful ratification vote to either extend or terminate this XXX. If this XXX is terminated, the parties agree to move grievances filed under the interim procedure back to the appropriate central or local grievance procedure and to their respective steps in those procedures.

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