Common use of Term of Increase Clause in Contracts

Term of Increase. Any Incremental Term Loans made pursuant to any increase in the Term Facility shall be made on the same terms (including, without limitation, interest terms, payment terms and maturity terms), and shall be subject to the same conditions as existing Term Loans; provided, however, that at the election of the Borrowers the Incremental Term Loans may be implemented through additional new tranches of term loans instead of being implemented as an increase in the existing Term Facility so long as (i) the final maturity date of any Incremental Term Loans shall be no earlier than the Maturity Date for the existing Term Facility, (ii) the weighted average life to maturity of the Incremental Term Loans shall be no shorter than the weighted average life to maturity of the existing Term Loans, (iii) the interest rate and amortization schedule applicable to the Incremental Term Loans shall be determined by the Borrower and the Increasing Term Lenders, provided that in the event that the interest margins applicable to such Incremental Term Loans is greater than the interest margins for the existing Term Facility by more than 50 basis points, then the interest margins for the existing Term Facility shall be increased to the extent necessary so that the interest margins for such Incremental Term Loans are no more than 50 basis points greater than the interest margins for the existing Term Facility, provided, further, that in determining the interest margins applicable to the existing Term Facility and the Incremental Term Commitments, (x) original issue discount or upfront fees (which shall be deemed to constitute like amounts of original issue discount) payable by the Borrowers to the existing Lenders under the existing Term Facility or the Incremental Term Loans in the primary syndication thereof shall be included (with original issue discount being equated to interest based on an assumed four-year life to maturity) and (y) customary arrangements or commitment fees paid or payable to the Arrangers (or their Affiliates) in connection with the existing Term Facility or to one or more arrangers (or their affiliates) of the Incremental Term Loans shall be excluded and (iv) the Incremental Term Loans shall rank pari passu in right of payment and of security with the Revolving Credit Loans and the existing Term Loans.

Term of Increase. Any Incremental Term Loans made pursuant to any increase in the Term Facility shall be made on the same terms (including, without limitation, interest terms, payment terms and maturity terms), and shall be subject to the same conditions as existing Term Loans; provided, however, that at the election of the Borrowers Borrower the Incremental Term Loans may be implemented through additional new tranches of term loans instead of being implemented as an increase in the existing Term Facility so long as (i) the final maturity date of any Incremental Term Loans shall be no earlier than the Maturity Date for the existing Term FacilityDate, (ii) the weighted average life to maturity of the Incremental Term Loans shall be no shorter than the weighted average life to maturity of the existing Term Loans, (iii) the interest rate and amortization schedule applicable to the Incremental Term Loans shall be determined by the Borrower and the Increasing Term Lenders, provided that in the event that the interest margins applicable to such Incremental Term Loans is greater than the interest margins for the existing Term Facility and/or the Revolving Credit Facility by more than 50 basis points, then the interest margins for the existing Term Facility and/or the Revolving Credit Facility shall be increased to the extent necessary so that the interest margins for such Incremental Term Loans are no more than 50 basis points greater than the interest margins for the existing Term Facility and/or the Revolving Credit Facility, provided, further, that in determining the interest margins applicable to the existing Term Facility, the Revolving Credit Facility and the Incremental Term Commitments, (x) original issue discount or upfront fees (which shall be deemed to constitute like amounts of original issue discount) payable by the Borrowers Borrower to the existing Lenders under the existing Term Facility, the Revolving Credit Facility or the Incremental Term Loans in the primary syndication thereof shall be included (with original issue discount being equated to interest based on an assumed four-year life to maturity) and (y) customary arrangements or commitment fees paid or payable to the Arrangers (or their Affiliates) in connection with the existing Term Facility and/or the Revolving Credit Facility or to one or more arrangers (or their affiliates) of the Incremental Term Loans shall be excluded and (iv) the Incremental Term Loans shall rank pari passu in right of payment and of security with the Revolving Credit Loans and the existing Term Loans.

Term of Increase. Any Incremental Term Loans made pursuant to any increase in the Term Facility shall be made on the same terms (including, without limitation, interest terms, payment terms and maturity terms), and shall be subject to the same conditions as existing Term Loans; provided, however, that at the election of the Borrowers Borrower the Incremental Term Loans may be implemented through additional new tranches of term loans instead of being implemented as an increase in the existing Term Facility so long as (i) the final maturity date of any Incremental Term Loans shall be no earlier than the Maturity Date for the existing Term FacilityDate, (ii) the weighted average life to maturity of the Incremental Term Loans shall be no shorter than the weighted average life to maturity of the existing Term Loans, (iii) the interest rate and amortization schedule applicable to the Incremental Term Loans shall be determined by the Borrower and the Increasing Term Lenders, provided that in the event that the interest margins applicable to such Incremental Term Loans is greater than the interest margins for the existing Term Facility and/or the Revolving Credit Facility by more than 50 basis points, then the interest margins for the existing Term Facility and/or the Revolving Credit Facility shall be increased to the extent necessary so that the interest margins for such Incremental Term Loans are no more than 50 basis points greater than the interest margins for the existing Term Facility and/or the Revolving Credit Facility, provided, further, that in determining the interest margins applicable to the existing Term Facility, the Revolving Credit Facility and the Incremental Term Commitments, (x) original issue discount or upfront fees (which shall be deemed to constitute like amounts of original issue discount) payable by the Borrowers Borrower to the existing Lenders under the existing Term Facility, the Revolving Credit Facility or the Incremental Term Loans in the primary syndication thereof shall be included (with original issue discount being equated to interest based on an assumed four-year four‑year life to maturity) and (y) customary arrangements or commitment fees paid or payable to the Arrangers (or their Affiliates) in connection with the existing Term Facility and/or the Revolving Credit Facility or to one or more arrangers (or their affiliates) of the Incremental Term Loans shall be excluded and (iv) the Incremental Term Loans shall rank pari passu in right of payment and of security with the Revolving Credit Loans and the existing Term Loans.

Term of Increase. (i) Any Incremental Term Loans made pursuant to any increase in the Term Revolving Credit Facility shall be made on the same terms (including, without limitation, interest termsinterest, payment and maturity terms), and shall be subject to the same conditions as existing Revolving Credit Commitments (or, if more than one Class of Revolving Credit Commitments is then outstanding, the Revolving Credit Commitments with the then latest Revolving Credit Facility Maturity Date) (it being understood that (A) increases may be effected separately under Global Revolving Credit Commitments and Domestic Revolving Credit Commitments and (B) customary arrangement or commitment fees payable to Arrangers or one or more Increasing Revolving Credit Lenders, as the case may be, may be different from those paid with respect to the existing Revolving Credit Commitments of the existing Revolving Credit Lenders on or prior to the Closing Date or with respect to any other Increasing Revolving Credit Lender in connection with any other increase in the Revolving Credit Facility pursuant to this Section 2.16). (ii) Any increase in the Term Facility (except Other Incremental Term Loans) shall be made on the same terms (including, without limitation, interest, payment, amortization and maturity terms), and shall be subject to the same conditions as existing Term Loans; providedCommitments (it being understood that (A) increases may be effected separately as Global Term Loans or Domestic Term Loans and (B) customary arrangement or commitment fees payable to the Arrangers or one or more Increasing Term Lenders, howeveras the case may be, that at may be different from those paid with respect to the election existing Term Commitments of the Borrowers existing Term Lenders on or prior to the Closing Date or with respect to any other Increasing Term Lender in connection with any other increase in the Term Facility pursuant to this Section 2.16). (iii) Other Incremental Term Loans may be implemented through additional new tranches of term loans instead of being implemented made on pricing, maturity, amortization, participation in mandatory prepayments and/or other terms different from the Initial Term Loans as an increase set forth in the existing notice provided by the Administrative Borrower to the Administrative Agent pursuant to Section 2.16(b)(i); provided, that: (A) the Other Incremental Term Facility so long as Loans incurred pursuant to this Section 2.16 shall rank equally and ratably in right of security with the Initial Term Loans or, at the option of the Administrative Borrower, shall rank junior in right of security with the Initial Term Loans (iprovided, that if such Other Incremental Term Loans rank junior in right of security with the Initial Term Loans, such Other Incremental Term Loans shall be subject to a Permitted Junior Intercreditor Agreement and, for the avoidance of doubt, shall not be subject to clauses (D) and (H) below), (B) the final maturity date of any such Other Incremental Term Loans shall be no earlier than the Latest Maturity Date for applicable to the existing Term FacilityLoans in effect at the date of incurrence of such Other Incremental Term Loans and, except as to pricing, amortization, final maturity date, participation in mandatory prepayments and ranking as to security (iiwhich shall, subject to the other clauses of this proviso, be determined by the Borrower and the Incremental Term Lenders in their sole discretion), shall have (x) the weighted average life same terms as the Initial Loans or (y) such other terms as shall be reasonably satisfactory to maturity the Administrative Agent, (C) the Weighted Average Life to Maturity of the any such Other Incremental Term Loans shall be no shorter than the weighted average life remaining Weighted Average Life to maturity Maturity of the existing Term LoansLoans with the longest remaining Weighted Average Life to Maturity, (D) with respect to any Other Incremental Term Loan, the All-in Yield shall be as agreed by the respective Incremental Term Lenders and the Administrative Borrower, except that the All-in Yield in respect of any such Other Incremental Term Loan may exceed the All-in Yield in respect of the Initial Term Loans by no more than 0.50%, or if it does so exceed such All-in Yield (iiisuch difference, the “Term Yield Differential”) then the interest rate and amortization schedule Applicable Margin applicable to the Incremental such Initial Term Loans shall be determined by the Borrower and the Increasing Term Lenders, provided increased such that in the event that the interest margins applicable after giving effect to such increase, the Term Yield Differential shall not exceed 0.50%, (E) such Other Incremental Term Loans is may participate on a pro rata basis or a less than pro rata basis (but not a greater than the interest margins for the existing Term Facility by more than 50 basis points, then the interest margins for the existing Term Facility shall be increased to the extent necessary so that the interest margins for such Incremental Term Loans are no more than 50 basis points greater pro rata basis) than the interest margins for the existing Term Facility, provided, further, that in determining the interest margins applicable to the existing Term Facility and the Incremental Term Commitments, (x) original issue discount or upfront fees (which shall be deemed to constitute like amounts of original issue discount) payable by the Borrowers to the existing Lenders under the existing Term Facility or the Incremental Initial Term Loans in the primary syndication thereof any mandatory prepayment hereunder, (F) there shall be included no borrower (with original issue discount being equated to interest based on an assumed four-year life to maturityother than the Administrative Borrower) and or guarantor (y) customary arrangements or commitment fees paid or payable to other than the Arrangers (or their AffiliatesDomestic Subsidiary Guarantors) in connection with the existing Term Facility or to one or more arrangers (or their affiliates) respect of the any Incremental Term Loans shall be excluded and (iv) the Incremental Term Loans shall rank pari passu in right of payment and of security with the Revolving Credit Loans and the existing Term Loans.Loan Commitments,