Revolving Lenders. Subject to the terms and conditions set forth herein and in the Credit Agreement, (i) each Exchanging Revolving Lender irrevocably (A) agrees to the terms of this Second Amendment, the Amended Credit Agreement, the CTA Amendment and the GCA Amendment, (B) agrees to exchange (as set forth on its signature page hereto) all (or such lesser amount as set forth on its signature page hereto) of its Existing Revolving Commitments with Second Amendment Revolving Commitments in an equal principal amount and (C) upon the Second Amendment Effective Date, shall exchange (as set forth on its signature page hereto) all (or such lesser amount as set forth on its signature page hereto) of its Existing Revolving Commitments with Second Amendment Revolving Commitments in an equal principal amount and (ii) each Additional Revolving Lender irrevocably (A) agrees to the terms of this Second Amendment, the Amended Credit Agreement, the CTA Amendment and the GCA Amendment, (B) commits to make Additional Revolving Commitments in the amount notified to such Additional Revolving Lender by the Administrative Agent (but in no event greater than the amount such Additional Revolving Lender committed to make as Additional Revolving Commitments) and (C) upon the Second Amendment Effective Date, shall make Additional Revolving Commitments to the Borrower. Each Additional Revolving Lender further acknowledges and agrees that, as of the Second Amendment Effective Date, it shall be a “Lender” and a “Revolving Lender” under, and for all purposes of, the Amended Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. For the avoidance of doubt, notwithstanding anything herein to the contrary, it is acknowledged and agreed that the Existing Revolving Commitments of Exchanging Revolving Lenders will be converted into and continued as Second Amendment Revolving Commitments and such Exchanged Revolving Commitments shall be on the same terms (other than to the extent expressly provided in this Second Amendment) under the Loan Documents as such Existing Revolving Commitments.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (NRG Energy, Inc.)
Revolving Lenders. Subject Each Consenting Revolving Lender and Replacement Lender executing a consent to the terms this Eighth Amendment or an Assignment and conditions set forth herein and in the Credit AgreementAssumption, as applicable, (i) each Exchanging Revolving Lender irrevocably (A) hereby consents and agrees to the terms of this Second Amendment, Eighth Amendment and the Amended Credit Agreement, the CTA Amendment and the GCA Amendment, (B) agrees to exchange (as set forth on its signature page hereto) all (or such lesser amount as set forth on its signature page hereto) of its Existing Revolving Commitments with Second Amendment Revolving Commitments in an equal principal amount and (C) upon the Second Amendment Effective Date, shall exchange (as set forth on its signature page hereto) all (or such lesser amount as set forth on its signature page hereto) of its Existing Revolving Commitments with Second Amendment Revolving Commitments in an equal principal amount and (ii) each Additional Revolving Lender irrevocably (A) agrees to the terms of this Second Amendment, the Amended Credit Agreement, the CTA Amendment and the GCA Amendment, (B) hereby commits to make Additional Revolving Credit Commitments in the amount notified set forth next to such Additional Revolving Lender by the Administrative Agent (but in no event greater than the amount such Additional Revolving Lender committed to make as Additional Revolving Commitments) Credit Lender’s name on Schedule II attached hereto and (Ciii) upon the Second Eighth Amendment Effective Date, shall make Additional such Revolving Credit Commitments to the Borrower. The Commitments of the Consenting Revolving Lenders and the Commitments of the Replacement Lenders (after giving effect to the assignments from Non-Consenting Lenders as contemplated by this Eighth Amendment) shall collectively constitute one and the same “tranche” of Commitments under the Amended Credit Agreement, and the aggregate amount of such Revolving Credit Commitments is $475,000,000. Each Additional Revolving Credit Lender further acknowledges that is not already party to the Credit Agreement hereby acknowledges, agrees and agrees thatconfirms, by its execution of this Eighth Amendment, that such Revolving Credit Lender, as of the Second Eighth Amendment Effective Date, it shall will be a “Lender” and a “Revolving Lender” under, and for all purposes of, party to the Amended Credit Agreement and the other Loan Documents, Documents and shall be subject to and bound by the terms thereofprovisions of the Amended Credit Agreement and the other Loan Documents and, to the extent of its Aggregate Exposure Percentage, have the rights and shall perform all the obligations of and shall have all rights of a Lender thereunder. For the avoidance of doubt, notwithstanding anything herein to the contrary, it is acknowledged and agreed that the Existing Revolving Commitments of Exchanging Revolving Lenders will be converted into and continued as Second Amendment Revolving Commitments and such Exchanged Revolving Commitments shall be on the same terms (other than to the extent expressly provided in this Second Amendment) under the Loan Documents as such Existing Revolving Commitments.
Appears in 1 contract
Samples: Credit Agreement (B&G Foods, Inc.)
Revolving Lenders. Subject to the terms and conditions set forth herein and in the Credit Agreement, :
(a) (i) each Exchanging Revolving Lender irrevocably (Ax) agrees to the terms of this Second AmendmentRestatement Agreement, the Amended Restated Credit Agreement, the CTA Amendment Restated GCA and the GCA CTA Amendment, (By) agrees to exchange (as set forth on its signature page hereto) all (or such lesser amount as set forth on its signature page hereto) of its Existing Revolving Commitments with Second Amendment Tranche B Revolving Commitments in an equal principal amount amount, and (Cz) upon the Second Amendment Restatement Effective Date, shall exchange (as set forth on its signature page hereto) all (or such lesser amount as set forth on its signature page hereto) of its Existing Revolving Commitments with Second Amendment Tranche B Revolving Commitments in an equal principal amount and (ii) each Additional Revolving Lender irrevocably (Ax) agrees to the terms of this Second AmendmentRestatement Agreement, the Amended Restated Credit Agreement, the CTA Amendment Restated GCA and the GCA CTA Amendment, (By) commits to make Additional Tranche B Revolving Commitments in the amount notified to such Additional Revolving Lender by the Administrative Agent (but in no event greater than the amount such Additional Revolving Lender committed to make as Additional Tranche B Revolving Commitments) ), and (Cz) upon the Second Amendment Restatement Effective Date, shall make Additional Tranche B Revolving Commitments to the Borrower. Each Additional ; and
(b) the Revolving Loans (as defined in the Credit Agreement) and Revolving Commitments (as defined in the Credit Agreement) of each Revolving Lender further acknowledges and agrees that, as of under the Second Amendment Effective Date, it Credit Agreement that has not consented to this Restatement Agreement shall continue under the Restated Credit Agreement but shall be a referred to as “LenderTranche A Revolving Loans” and a “Revolving Lender” under, and for all purposes of, the Amended Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. For the avoidance of doubt, notwithstanding anything herein to the contrary, it is acknowledged and agreed that the Existing Revolving Commitments of Exchanging Revolving Lenders will be converted into and continued as Second Amendment Revolving Commitments and such Exchanged Revolving Commitments shall be on the same terms (other than to the extent expressly provided in this Second Amendment) under the Loan Documents as such Existing Tranche A Revolving Commitments”.
Appears in 1 contract
Samples: Credit Agreement (NRG Energy, Inc.)
Revolving Lenders. Subject to the terms and conditions set forth herein and in the Credit Agreement, : (a)
(i) each Exchanging Revolving Lender irrevocably (Ax) agrees to the terms of this Second AmendmentRestatement Agreement, the Amended Restated Credit Agreement, the CTA Amendment Restated GCA and the GCA CTA Amendment, (By) agrees to exchange (as set forth on its signature page hereto) all (or such lesser amount as set forth on its signature page hereto) of its Existing Revolving Commitments with Second Amendment Tranche B Revolving Commitments in an equal principal amount amount, and (Cz) upon the Second Amendment Restatement Effective Date, shall exchange (as set forth on its signature page hereto) all (or such lesser amount as set forth on its signature page hereto) of its Existing Revolving Commitments with Second Amendment Tranche B Revolving Commitments in an equal principal amount and (ii) each Additional Revolving Lender irrevocably (Ax) agrees to the terms of this Second AmendmentRestatement Agreement, the Amended Restated Credit Agreement, the CTA Amendment Restated GCA and the GCA CTA Amendment, (By) commits to make Additional Tranche B Revolving Commitments in the amount notified to such Additional Revolving Lender by the Administrative Agent (but in no event greater than the amount such Additional Revolving Lender committed to make as Additional Tranche B Revolving Commitments) ), and (Cz) upon the Second Amendment Restatement Effective Date, shall make Additional Tranche B Revolving Commitments to the Borrower. Each Additional ; and (b) the Revolving Loans (as defined in the Credit Agreement) and Revolving Commitments (as defined in the Credit Agreement) of each Revolving Lender further acknowledges and agrees that, as of under the Second Amendment Effective Date, it Credit Agreement that has not consented to this Restatement Agreement shall continue under the Restated Credit Agreement but shall be a referred to as “LenderTranche A Revolving Loans” and a “Revolving Lender” under, and for all purposes of, the Amended Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. For the avoidance of doubt, notwithstanding anything herein to the contrary, it is acknowledged and agreed that the Existing Revolving Commitments of Exchanging Revolving Lenders will be converted into and continued as Second Amendment Revolving Commitments and such Exchanged Revolving Commitments shall be on the same terms (other than to the extent expressly provided in this Second Amendment) under the Loan Documents as such Existing Tranche A Revolving Commitments”.
Appears in 1 contract
Samples: Credit Agreement