Rank; Amendments. Each Incremental Term Facility (A) shall rank pari passu in right of payment with the Revolving Credit Facility, (B) shall not mature earlier than the maturity date of the Revolving Credit Facility and (C) shall not contain additional or different covenants or financial covenants which are more restrictive in any material respect than the covenants applicable to the Revolving Credit Facility unless either such covenants benefit all of the Lenders or are otherwise consented to in writing by the Administrative Agent. Each Incremental Term Facility or Incremental Revolving Commitments shall be evidenced by an amendment (an “Incremental Facility Amendment”) to this Agreement executed by the Loan Parties, each existing Lender agreeing to provide any portion of such Incremental Term Facility or Incremental Revolving Commitments, each Additional Lender, if any, and the Administrative Agent. An Incremental Facility Amendment may, without the consent of any other Lenders, effect such amendments to the Loan Documents as are determined by the Administrative Agent to be reasonably necessary to include such borrowing and payment terms as are customary for a term loan facility of this type and otherwise to effect the provisions of this clause (vi). Without limitation of the below cost and yield protection provisions, in the event any Incremental Revolving Commitments result in breakage or redeployment costs to the Lenders, the Borrower shall pay such costs in accordance with Section 3.05. For the purpose of clarity, the Borrower shall prepay any Revolving Credit Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Revolving Credit Loans ratable with any revised Pro Rata Shares arising from any nonratable increase in the Revolving Credit Commitments which may result from any such Incremental Revolving Commitments. No Incremental Revolving Commitments shall increase the sublimit for Letters of Credit or Swing Line Loans without the consent of the L/C Issuers and/or the Swing Line Lenders (as applicable).
Rank; Amendments. Each Incremental Term Facility (A) shall rank pari passu in right of payment with the Delayed Draw Term Loan Facility, (B) shall not mature earlier than the maturity date of the Delayed Draw Term Loan Facility and (C) shall not contain additional or different covenants or financial covenants which are more restrictive in any material respect than the covenants applicable to the Delayed Draw Term Loan Facility unless either such covenants benefit all of the Lenders or are otherwise consented to in writing by the Administrative Agent. Each Incremental Term Facility or Incremental Delayed Draw Term Loan shall be evidenced by an amendment (an “Incremental Facility Amendment”) to this Agreement executed by the Loan Parties, each existing Lender agreeing to provide any portion of such Incremental Term Facility or Incremental Delayed Draw Term Loan, each Additional Lender, if any, and the Administrative Agent. An Incremental Facility Amendment may, without the consent of any other Lenders, effect such amendments to the Loan Documents as are determined by the Administrative Agent to be reasonably necessary to include such borrowing and payment terms as are customary for a term loan facility of this type and otherwise to effect the provisions of this clause (vi).
