Incremental Request. Each Incremental Request from the Borrower pursuant to this Section 2.20 shall set forth the requested amount and proposed terms of the relevant Incremental Loan. Incremental Commitments and Incremental Loans may be provided by any existing Lender (but no existing Lender will have an obligation to make any Incremental Commitment or Incremental Loans) or by any other bank or other financial institution which is an Eligible Assignee (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing an Incremental Commitment or Incremental Loans, an “Incremental Revolving Credit Lender” or “Incremental Term Lender,” as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative Agents, the L/C Issuers and the Swingline Loan Lender shall have consented (not to be unreasonably withheld, conditioned or delayed) to such Additional Lender’s making of such Incremental Commitments and Incremental Loans to the extent such consent, if any, would be required under Section 9.04(b) for an assignment of Loans or Commitments to such Additional Lender.
Appears in 5 contracts
Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.)
Incremental Request. Each Incremental Request from the Borrower pursuant to this Section 2.20 2.1(d) shall set forth the requested amount and proposed terms of the relevant Incremental LoanCommitments. Incremental Commitments and Incremental Term Loans may be provided made, and Incremental Revolving Loan Commitments may be provided, by any existing Lender (but but, unless otherwise agreed in writing, no existing Lender will have an any obligation to make provide any Incremental Commitment or and the Borrower will not have any obligation to approach any existing Lender to request any Incremental LoansCommitment) or by any other bank or other financial institution which is an Eligible Assignee (any such other bank or other financial institution being called institution, an “Additional Lender”) (each such existing Lender or Additional Lender providing an such Incremental Commitment or Incremental LoansCommitment, an “Incremental Revolving Credit Lender” or “Incremental Term Loan Lender,” ”, as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative Agents, the Agent and each L/C Issuers and the Swingline Loan Lender Issuer shall have consented (not to be unreasonably withheld, conditioned or delayed) to such Additional Lender’s making of such Incremental Commitments and Term Loans, or providing such Incremental Loans Revolving Loan Commitments, as the case may be, to the extent such consent, if any, would be required under Section 9.04(b10.1(a) for an assignment of Loans or Commitments Revolving Loan Commitments, as applicable, to such Additional Lender.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (RadNet, Inc.), First Lien Credit and Guaranty Agreement (RadNet, Inc.), First Lien Credit and Guaranty Agreement (RadNet, Inc.)
Incremental Request. Each Incremental Request from the Borrower pursuant to this Section 2.20 2.14 shall set forth the requested amount and proposed terms of the relevant Incremental LoanTerm Loans. Incremental Commitments and Incremental Term Loans may be provided made by any existing Lender (but no each existing Lender will not have an obligation to make any Incremental Commitment or Term Commitment, nor will the Borrower have any obligation to approach any existing Lenders to provide any Incremental LoansTerm Commitment) or by any other bank or other financial institution which is an Eligible Assignee (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing an Incremental Commitment or Incremental Loanssuch, an “Incremental Revolving Credit Lender” or “Incremental Term Lender,” as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative Agents, the L/C Issuers and the Swingline Loan Lender Agent shall have consented (not to be unreasonably withheld, conditioned or delayed) to such Lender’s or Additional Lender’s making of such Incremental Commitments and Incremental Term Loans to the extent such consent, if any, would be required under Section 9.04(b10.07(b) for an assignment of Loans or Commitments to such Lender or Additional LenderLender and (ii) with respect to Incremental Term Commitments, any Affiliated Lender providing an Incremental Term Commitment shall be subject to the same restrictions set forth in Section 10.07(k) as they would otherwise be subject to with respect to any purchase by or assignment to such Affiliated Lender of Initial Term Loans.
Appears in 4 contracts
Samples: Second Lien Credit Agreement (Global Eagle Entertainment Inc.), Second Lien Credit Agreement (Global Eagle Entertainment Inc.), Second Lien Credit Agreement (Jason Industries, Inc.)
Incremental Request. Each Incremental Request from the Borrower pursuant to this Section 2.20 2.13 shall set forth the requested amount and proposed terms of the relevant Incremental LoanTerm Loans. Incremental Commitments and Incremental Term Loans may be provided made by any existing Lender (but no each existing Lender will not have an obligation to make any Incremental Commitment or Commitment, nor will the Borrower have any obligation to approach any existing Lenders to provide any Incremental LoansCommitment) or by any other bank or other financial institution which is an Eligible Assignee or other institutional lender (any such other bank or other financial institution or other institutional lender being called an “Additional Lender”) (each such existing Lender or Additional Lender providing an Incremental Commitment or Incremental Loanssuch, an “Incremental Revolving Credit Lender” or “Incremental Term Lender,” as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative Agents, the L/C Issuers and the Swingline Loan Lender Agent shall have consented (not to be unreasonably withheld, conditioned withheld or delayed) to such Lender’s or Additional Lender’s making of such Incremental Commitments and Incremental Term Loans to the extent such consent, if any, would be required under Section 9.04(b10.07(b) for an assignment of Loans or Commitments to such Lender or Additional Lender.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (NGL Energy Partners LP), Term Loan Credit Agreement (NGL Energy Partners LP)
Incremental Request. Each Incremental Request from the Borrower pursuant to this Section 2.20 2.14 shall set forth the requested amount and proposed terms of the relevant Incremental LoanTerm Loans or Incremental Revolving Credit Commitments. Incremental Commitments and Incremental Term Loans may be provided made, and Incremental Revolving Credit Commitments may be provided, by any existing Lender (but no each existing Lender will not have an obligation to make any Incremental Commitment or Commitment, nor will the Borrower have any obligation to approach any existing lenders to provide any Incremental LoansCommitment) or by any other bank or other financial institution which is an Eligible Assignee (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing an Incremental Commitment or Incremental Loanssuch, an “Incremental Revolving Credit Lender” or “Incremental Term Lender,” as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative AgentsAgent, the each Swing Line Lender and each L/C Issuers and the Swingline Loan Lender Issuer shall have consented (not to be unreasonably withheld, conditioned or delayed) to such Lender’s or Additional Lender’s making of such Incremental Commitments and Incremental Term Loans or providing such Revolving Commitment Increases to the extent such consent, if any, would be required under Section 9.04(b10.07(b) for an assignment of Loans or Commitments Revolving Credit Commitments, as applicable, to such Lender or Additional LenderLender and (ii) Equity Investors and Affiliates thereof may not provide Incremental Revolving Credit Commitments or Incremental Term Commitments.
Appears in 2 contracts
Samples: Credit Agreement (Playa Hotels & Resorts N.V.), Restatement Agreement (Playa Hotels & Resorts N.V.)
Incremental Request. Each Incremental Request from the Borrower pursuant to this Section 2.20 shall set forth the requested amount and proposed terms of the relevant Incremental Loan. Incremental Commitments and Incremental Loans may be provided by any existing Lender (but no existing Lender will have an obligation to make any Incremental Commitment or Incremental Loans) or by any other bank or other financial institution which is an Eligible Assignee (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing an Incremental Commitment or Incremental Loans, an “Incremental Revolving Credit Lender” or “Incremental Term Lender,” as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative Agents, the L/C Issuers and the Swingline Loan Lender Agent shall have consented (not to be unreasonably withheld, conditioned or delayed) to such Additional Lender’s making of such Incremental Commitments and Incremental Loans to the extent such consent, if any, would be required under Section 9.04(b) for an assignment of Loans or Commitments to such Additional Lender.
Appears in 2 contracts
Samples: First Lien Term Loan Credit Agreement (Tronox LTD), First Lien Term Loan Credit Agreement (Tronox LTD)
Incremental Request. Each Incremental Request from the Borrower pursuant to this Section 2.20 2.14 shall set forth the requested amount and proposed terms of the relevant Incremental LoanTerm Loans. Incremental Commitments and Incremental Term Loans may be provided made, by any existing Lender (but no each existing Lender will not have an obligation to make any Incremental Commitment or Commitment, nor will the Borrower have any obligation to approach any existing lenders to provide any Incremental LoansCommitment) or by any other bank or other financial institution which is an Eligible Assignee (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing an Incremental Commitment or Incremental Loanssuch, an “Incremental Revolving Credit Lender” or “Incremental Term Lender,” as applicable, and, collectively, and/or the “Incremental Lenders”); provided that (i) the Administrative Agents, the L/C Issuers and the Swingline Loan Lender Agent shall have consented (not to be unreasonably withheld, conditioned or delayed) to such Lender’s or Additional Lender’s making of such Incremental Commitments and Incremental Term Loans to the extent such consent, if any, would be required under Section 9.04(b10.07(b) for an assignment of Loans or Commitments to such Lender or Additional LenderLender and (ii) Equity Investors and Affiliates thereof may not provide Incremental Term Commitments.
Appears in 2 contracts
Samples: Credit Agreement (Playa Hotels & Resorts N.V.), Credit Agreement (Playa Hotels & Resorts N.V.)
Incremental Request. Each Incremental Request from the Borrower pursuant to this Section 2.20 2.14 shall set forth the requested amount and proposed terms of the relevant Incremental LoanTerm Loans or Incremental Revolving Credit Commitments. Incremental Commitments and Incremental Term Loans may be provided made, and Incremental Revolving Credit Commitments may be provided, by any existing Lender (but no each existing Lender will not have an obligation to make any Incremental Commitment or Commitment, nor will the Borrower have any obligation to approach any existing Lenders to provide any Incremental LoansCommitment) or by any other bank or other financial institution which is an Eligible Assignee (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing an Incremental Commitment or Incremental Loanssuch, an “Incremental Revolving Credit Lender” or “Incremental Term Lender,” as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative AgentsAgent and, in the case of Incremental Revolving Credit Commitments, each Swing Line Lender and each L/C Issuers and the Swingline Loan Lender Issuer shall have consented (not to be unreasonably withheld, conditioned or delayed) to such Lender’s or Additional Lender’s making of such Incremental Commitments and Term Loans or providing such Incremental Loans Revolving Credit Commitment to the extent such consent, if any, would be required under Section 9.04(b10.07(b) for an assignment of Loans or Commitments Revolving Credit Commitments, as applicable, to such Lender or Additional Lender.
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Incremental Request. Each Incremental Request from the Borrower pursuant to this Section 2.20 shall set forth the requested amount and proposed terms of the relevant Incremental LoanTerm Commitments or Incremental Revolving Commitments. Each existing Lender will be offered the opportunity to participate in any Incremental Commitments (which offer shall be open to each existing Lender for at least ten Business Days from such Lender’s receipt of all essential economic and Incremental Loans may other terms reasonably necessary to seek credit approval, after which time the Borrower shall be provided by under no obligation to include any existing Lender (under such Incremental Commitment) but no existing Lender will have an any obligation to make any Incremental Commitment or Commitment. Incremental Loans) Term Loans may be made, and Incremental Revolving Commitments may be provided, by any existing Lender or by any other bank or other financial institution which is Person that would constitute an Eligible Assignee (any such other bank or other financial institution Person being called an “Additional Lender”) (each such existing Lender or Additional Lender providing an Incremental Commitment or Incremental Loanssuch, an “Incremental Revolving Credit Lender” or “Incremental Term Lender,” as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative Agents, the L/C Issuers and the Swingline Loan Lender shall have consented (not to be unreasonably withheld, conditioned or delayed) to such Additional Lender’s making of such Incremental Commitments and Incremental Loans to the extent such consent, if any, would be required under Section 9.04(b) for an assignment of Loans or Commitments to such Additional Lender.
Appears in 1 contract
Incremental Request. Each Incremental Request from the Borrower pursuant to this Section 2.20 2.14 shall set forth the requested amount and proposed terms of the relevant Incremental LoanRevolving Credit Commitments. Incremental Revolving Credit Commitments and Incremental Loans may be provided by any existing Lender (but no each existing Lender will not have an obligation to make any Incremental Commitment or Revolving Credit Commitment, nor will the Borrower have any obligation to approach any existing lenders to provide any Incremental LoansRevolving Credit Commitment) or by any other bank or other financial institution which is an Eligible Assignee (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing an such Incremental Commitment or Incremental LoansRevolving Credit Commitments, an “Incremental Revolving Credit Lender” or “Incremental Term Lender,” as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative AgentsAgent, the each Swing Line Lender and each L/C Issuers and the Swingline Loan Lender Issuer shall have consented (not to be unreasonably withheld, conditioned or delayed) to such Lender’s or Additional Lender’s making of providing such Incremental Commitments and Incremental Loans Revolving Commitment Increases to the extent such consent, if any, would be required under Section 9.04(b10.07(b) for an assignment of Loans or Commitments Revolving Credit Commitments, as applicable, to such Lender or Additional Lender.
Appears in 1 contract
Incremental Request. Each Incremental Request request from the Lead Borrower pursuant to this Section 2.20 2.22 shall set forth the requested amount and proposed terms of the relevant Incremental LoanRevolving Facility. Incremental Commitments and Incremental Loans Revolving Facilities may be provided by any existing Lender (but no each existing Lender will not have an obligation to make any Incremental Commitment or Incremental LoansRevolving Loan) or by any other bank or other financial institution which is an Eligible Assignee (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing an Incremental Commitment or Incremental Loanssuch, an “Incremental Revolving Credit Lender” or “Incremental Term Lender,” as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative AgentsAgent (and, in the case of any Incremental Revolving Facility, the L/C Issuers Issuing Bank and the Swingline Loan Lender Lender) shall have consented (not to be unreasonably withheld, conditioned conditioned, denied or delayed) to such Lender’s or Additional Lender’s making of providing such Incremental Commitments and Incremental Loans Revolving Facility to the extent such consent, if any, would be required under Section 9.04(b) 9.05 for an assignment of Loans or Commitments Revolving Credit Commitments, as applicable, to such Lender or Additional Lender.
Appears in 1 contract
Incremental Request. Each Incremental Request from the Borrower pursuant to this Section 2.20 2.14 shall set forth the requested amount and proposed terms of the relevant Incremental LoanTerm Loans or Incremental Revolving Loan Commitments. Incremental Commitments and Incremental Term Loans may be provided made, and Incremental Revolving Loan Commitments may be provided, by any existing Lender (but no existing Lender will have an obligation to make any Incremental Commitment or Commitment, nor will the Borrower have any obligation to approach any existing Lenders to request any Incremental LoansCommitment) or by any other bank Person that is not (w) a Disqualified Lender, (x) a Defaulting Lender, (y) a natural Person (or other financial institution which is an Eligible Assignee a holding company, investment vehicle or trust for, or owned and operated by or for the primary benefit of one or more natural Persons) or (z) the Borrower or any of its Subsidiaries or Affiliates (any such other bank or other financial institution Person being called an “Additional Lender”) (each such existing Lender or Additional Lender providing an Incremental Commitment or Incremental Loanssuch, an “Incremental Revolving Credit Lender” or “Incremental Term Lender,” as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative Agents, the Agent and each L/C Issuers and the Swingline Loan Lender Issuer shall have consented (not to be unreasonably withheld, conditioned or delayed) to such Lender’s or Additional Lender’s making of such Incremental Term Loans or providing such Incremental Revolving Loan Commitments and Incremental Loans to the extent such consent, if any, would be required under Section 9.04(b10.07(b) for an assignment of Loans or Commitments Revolving Credit Commitments, as applicable, to such Lender or Additional Lender.
Appears in 1 contract