Incremental Facility Loans Clause Samples

Incremental Facility Loans. Subject to the terms and conditions set forth herein, the Company shall have the right, from time to time and upon at least ten Business Days’ prior written notice to the Administrative Agent (an “Incremental Request”), to request to incur additional term loans under a then existing tranche and/or add one or more additional tranches of term loans (“Other Term Loans” and, together with any additional term loans under a then existing tranche incurred pursuant to this Section 2.16, the “Incremental Term Loans”; and any credit facility for providing for any Incremental Term Loans being referred to as an “Incremental Term Facility”) and/or increase the Aggregate Revolving Commitments (the “Incremental Revolving Commitments”; and revolving loans made thereunder the “Incremental Revolving Credit Loans”); the Incremental Revolving Credit Loans, together with the Incremental Term Loans are referred to herein as the “Incremental Facility Loans”) subject, however, in any such case, to satisfaction of the following conditions precedent: (a) the aggregate amount of all Incremental Revolving Commitments and Incremental Term Loans effected pursuant to this Section 2.16 shall not exceed the then applicable Incremental Amount; (b) on the date on which any Incremental Facility Amendment is to become effective, both immediately prior to and immediately after giving effect to the incurrence of such Incremental Facility Loans (assuming that the full amount of the Incremental Facility Loans shall have been funded on such date) and any related transactions, no Default or Event of Default shall have occurred and be continuing; (c) after giving effect to the incurrence of such Incremental Facility Loans (assuming the full amount of the Incremental Facility Loans have been funded) and any related transactions, the Loan Parties shall be in pro forma compliance with the financial covenants set forth in Section 7.12, with each financial covenant recomputed as at the last day of the most recently ended fiscal quarter of the Company for which financial statements were required to be delivered to the Administrative Agent and the Lenders pursuant to Section 6.01(a) or (b) as though such incurrence of such Incremental Facility Loans and any related transactions had occurred as of the first day of the four fiscal quarter period preceding the date of such financial statements; (d) the representations and warranties made by the Loan Parties in any Loan Document shall (i) with respect to repre...

Incremental Facility Loans. (a) Subject to the terms and conditions of this Agreement, the Borrower may request the Incremental Facility Commitment; provided, that (i) the Borrower may not request the Incremental Facility Commitment or an Incremental Facility Advance after the occurrence and during the continuance of a Default, including, without limitation, any Default that would result after giving effect to any Incremental Facility Advance; (ii) the Borrower may request only seven (7) Incremental Facility Commitments (although such commitments may be from more than one Lender) and must request a minimum Incremental Facility Commitment of $25,000,000.00, or if less, the remaining amount permitted pursuant to this Section 2.15 after giving effect to any prior Incremental Facility Commitments or Incremental Facility Loans and (iii) the sum of (A) all outstanding Incremental Facility Commitments, plus (B) all outstanding Incremental Facility Loans, shall not exceed $300,000,000.00. The maturity date for the Incremental Facility Loans shall be no earlier than six (6) calendar months after the later of (i) the Term Loan A Maturity Date or (ii) Term Loan B Maturity Date (or, if no Term Loans are outstanding, the Incremental Facility Maturity Date of the most recently funded Incremental Facility Loan outstanding at such time) and the weighted average life of each Incremental Facility Loan shall be longer than the weighted average life of the longer of the Term Loan A or the Term Loan B (or, if no Term Loans are outstanding, the most recently funded Incremental Facility Loan outstanding at such time). The decision of any Lender to make an Incremental Facility Commitment to the Borrower shall be at such Lender's sole discretion and shall be made in writing. The Incremental Facility Commitment (x) must be in the form of a term loan facility, (y) must not require principal repayment earlier, or in amount larger (or percentage greater), than those set forth in the repayment schedule for the Term Loans as set forth in Section 2.7(b) hereof (or, if no Term Loans are outstanding, the repayment schedule set forth in the Notice of Incremental Facility Commitment for the most recently funded Incremental Facility Loan outstanding at such time) and (z) must be governed by this Agreement and the other Loan Documents and be on terms and conditions no more restrictive than those set forth herein and therein. Each Lender shall have the right, but not the obligation, to participate in any Incremental Facil...

Incremental Facility Loans. Any unpaid principal and interest of the Incremental Facility Loans and any other outstanding Obligations under any of the Incremental Facility Commitments shall be due and payable in full on the Incremental Facility Maturity Date applicable thereto.

Incremental Facility Loans. Each Lender having an Incremental Facility Commitment, severally and not jointly, hereby agrees, subject to the terms and conditions and relying upon the representations and warranties set forth herein and in the applicable Notice of Incremental Facility Commitment, to make Incremental Facility Loans to the Borrower, in an aggregate principal amount not to exceed its Incremental Facility Commitment. Subject to the terms, conditions and limitations set forth herein and in each applicable Notice of Incremental Facility Commitment, the Borrower may borrow, pay or prepay and reborrow Incremental Revolving Loans. Amounts paid or prepaid in respect of Incremental Term Loans may not be reborrowed.

Incremental Facility Loans. Loans of different types made or converted from Loans of other types on the same day (or of the same type but having different Interest Periods) shall be deemed to be separate Loans for all purposes of this Agreement.

Incremental Facility Loans. Section 2.01(c) of the Existing Credit Agreement is hereby amended to read in its entirety as follows:

Incremental Facility Loans. 65 ARTICLE 3 - Guarantee........................................................................67 Section 3.1 Guarantee.................................................................67 Section 3.2 Waivers and Releases......................................................67 Section 3.3 Miscellaneous.............................................................68 ARTICLE 4 - Conditions Precedent.............................................................69 Section 4.1 Conditions Precedent to Initial Advance of the Loans and to the Issuance of the Initial Letter of Credit.........................................................69 Section 4.2 Conditions Precedent to Each Advance......................................72 Section 4.3 Conditions Precedent to Issuance of Each Letter of Credit.................72 Section 4.4 Conditions Subsequent to Agreement Date...................................72

Incremental Facility Loans. The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of the Incremental Facility Lenders of any Series the principal of the Incremental Facility Loans of such Series on such dates and in such amounts as shall be agreed upon pursuant to Section 2.01(e) at the time the Incremental Facility Commitments of such Series are established.

Incremental Facility Loans. 51 Section 2.15 Letters of Credit........................................................ 53 ARTICLE 3 - GUARANTEE....................................................................... 57 Section 3.1 Guarantee................................................................ 57 Section 3.2 Waivers and Releases..................................................... 58 Section 3.3 Miscellaneous............................................................ 59