Common use of Terms and Conditions of Incremental Facilities Clause in Contracts

Terms and Conditions of Incremental Facilities. Each Incremental Revolving Credit Facility shall have the pricing and tenor as are applicable to the other Loans made hereunder. Each Incremental Term Facility shall (A) be one or more senior unsecured term loans that are pari passu as to right of payment with the other loans under this Agreement, (B) not be guaranteed by any Person that is not a guarantor of the other Loans under this Agreement, (C) have terms and conditions (excluding maturity and interest rates (including through fixed interest rates), interest margins, rate floors, fees, funding discounts, original issue discounts and prepayment or redemption premiums and terms) consistent with the other Loans made hereunder, and to the extent not consistent with the terms and conditions of the other Loans made hereunder due to the nature of such loans as term loans, subject to the consent of the Administrative Agent (not to be unreasonably withheld or delayed) and (D) not have the benefit of any financial maintenance covenants more restrictive or onerous than the covenant set forth in Section 6.07 unless all of the Lenders hereunder also have the benefit of such financial maintenance covenant on the same terms, or such financial maintenance covenant applies only after the latest Maturity Date then in effect.

Appears in 4 contracts

Samples: Credit Agreement (Agilent Technologies, Inc.), Credit Agreement (Agilent Technologies, Inc.), Credit Agreement (Agilent Technologies Inc)

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