Common use of Terms of Incremental Term Facility Clause in Contracts

Terms of Incremental Term Facility. Except for the maturity date, Applicable Rate, upfront fees and amortization applicable to an Incremental Term Facility and except as otherwise specifically set forth herein, all of the other terms and conditions applicable to such Incremental Term Facility shall be on the same terms and conditions applicable to the Term Facility; provided, however, that (i) the final maturity date of the Incremental Term Facility shall be no earlier than the Maturity Date of the Term Loans; and (ii) the average weighted life to maturity of any Incremental Term Facility shall be no shorter than the weighted average life to maturity of the Term Loans. For the avoidance of doubt, the Incremental Term Facility shall rank pari passu in right of payment and security with the existing Loans and shall not be secured by any collateral or supported by any Guarantee other than those provided pursuant to the Collateral Documents and the Guaranty. An Incremental Term Facility shall be provided hereunder pursuant to an amendment or restatement (an “Incremental Term Facility Amendment”) of this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Lender participating in such Incremental Term Facility, if any, and the Administrative Agent. The Incremental Term Facility Amendment may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents, including without limitation Section 2.07(a), as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent, to effect the provisions of this Section 2.18.

Terms of Incremental Term Facility. Except for the maturity date, Applicable Rate, upfront fees and amortization applicable The terms of any Term Loans made pursuant to an Incremental Term Facility and shall be identical to the terms of the then-existing Term Loans (except as otherwise specifically set forth hereinagreed by the Borrower and the Lenders providing the Incremental Term Facility), all of and, to the other extent that the terms and conditions applicable provisions of any Incremental Term Facility are not identical to such the then-existing Term Loans, they shall be reasonably satisfactory to the Administrative Agent and the Borrower. Notwithstanding anything herein to the contrary, (i) the maturity date of any Incremental Term Facility shall not be on the same terms and conditions applicable to the Term Facility; provided, however, that (i) the final maturity date of the Incremental Term Facility shall be no earlier than the Maturity Date of the Term Loans; and Date, (ii) the weighted average weighted life to maturity of any Incremental Term Facility shall not be no shorter than the then-remaining weighted average life to maturity of the latest maturing Term Loans. For , and (iii) the avoidance of doubtinterest rate margins, the Incremental Term Facility shall rank pari passu in right of payment upfront fees, original issue discount, and security with the existing Loans and shall not be secured by amortization schedule applicable to any collateral or supported by any Guarantee other than those provided pursuant to the Collateral Documents and the Guaranty. An Incremental Term Facility shall be determined by the Borrower and the Lenders providing such Incremental Facility; provided hereunder pursuant that, if (x) the Increase Effective Date occurs within thirty six (36) months of the Effective Date and (y) the All-In Yield applicable to an amendment or restatement (an “any such Incremental Term Facility Amendment”) of this Agreement andexceeds the All-In Yield on the then-outstanding Term Loans by more than 50 basis points, as appropriate, then the other Loan Documents, executed by applicable margin for such outstanding Term Loans shall be increased to the Borrower, each Lender participating in extent necessary so that the All-In Yield on such outstanding Term Loans is 50 basis points less than the All-In Yield on such Incremental Term Facility, if any, and the Administrative Agent. The Incremental Term Facility Amendment may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents, including without limitation Section 2.07(a), as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent, to effect the provisions of this Section 2.18.

Terms of Incremental Term Facility. Except for the maturity date, Applicable Rate, upfront fees and amortization applicable to an Incremental Term Facility and except as otherwise specifically set forth herein, all of the other terms and conditions applicable to such Incremental Term Facility shall be on the same terms and conditions applicable to the Term Facility; provided, however, that (i) the final maturity date of the Incremental Term Facility shall be no earlier than the Maturity Date of the Term Loans; and (ii) the average weighted life to maturity of any Incremental Term Facility shall be no shorter than the weighted average life to maturity of the Term Loans; and (iii) if the initial yield on any Incremental Term Facility (as determined by the Administrative Agent to be equal to LIBOR margin on such Incremental Term Facility (which shall be increased by the amount that any “LIBOR floor” applicable to such Incremental Term Facility on the date such Incremental Term Facility is made would exceed the LIBOR for a three-month Interest Period commencing on such date)) exceeds by more than 50 basis points (the amount of such excess above 50 basis points being referred to herein as the “Yield Differential”) the Applicable Rate then in effect for Eurodollar Rate Loans commencing on such date, then the Applicable Rate then in effect for the Term Loans provided during the Availability Period shall automatically be increased by the Yield Differential, effective upon the making of the Incremental Term Facility. For the avoidance of doubt, the Incremental Term Facility shall rank pari passu in right of payment and security with the existing Loans and shall not be secured by any collateral or supported by any Guarantee other than those provided pursuant to the Collateral Security Documents and the Guaranty. An Incremental Term Facility shall be provided hereunder pursuant to an amendment or restatement (an “Incremental Term Facility Amendment”) of this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Lender participating in such Incremental Term Loan Facility, if any, and the Administrative Agent. The Incremental Term Facility Amendment may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents, including without limitation Section 2.07(a), Documents as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent, to effect the provisions of this Section 2.182.15.

Terms of Incremental Term Facility. Except for the maturity date, Applicable Rate, upfront fees and amortization applicable to an Incremental Term Facility and except as otherwise specifically set forth herein, all of the other terms and conditions applicable to such Incremental Term Facility shall be on the same terms and conditions applicable to the Term Facility; provided, however, that (i) the final maturity date of the Incremental Term Facility shall be no earlier than the Maturity Date of the Term Loans; and (ii) the average weighted life to maturity of any Incremental Term Facility shall be no shorter than the weighted average life to maturity of the Term Loans; and (iii) if the initial yield on any Incremental Term Facility (as determined by the Administrative Agent to be equal to LIBOR margin on such Incremental Term Facility (which shall be increased by the amount that any “LIBOR floor” applicable to such Incremental Term Facility on the date such Incremental Term Facility is made)) would exceed the Applicable Rate then in effect for Term Loans that are Eurodollar Rate Loans (which shall be increased by the amount that any “LIBOR floor” applicable to Term Loans that are Eurodollar Rate Loans on the date such Incremental Term Facility is made) for a three-month Interest Period commencing on such date by more than 50 basis points (the amount of such excess above 50 basis points being referred to herein as the “Yield Differential”), then the Applicable Rate then in effect for the Term Loans shall automatically be increased by the Yield Differential, effective upon the making of the Incremental Term Facility. For the avoidance of doubt, the Incremental Term Facility shall rank pari passu in right of payment and security with the existing Loans and shall not be secured by any collateral or supported by any Guarantee other than those provided pursuant to the Collateral Security Documents and the Guaranty. An Incremental Term Facility shall be provided hereunder pursuant to an amendment or restatement (an “Incremental Term Facility Amendment”) of this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Lender participating in such Incremental Term Loan Facility, if any, and the Administrative Agent. The Incremental Term Facility Amendment may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents, including without limitation Section 2.07(a), Documents as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent, to effect the provisions of this Section 2.182.15.

Terms of Incremental Term Facility. Except for the maturity date, Applicable Rate, upfront fees and amortization applicable to an Incremental Term Facility and except as otherwise specifically set forth herein, all of the other terms and conditions applicable to such Incremental Term Facility shall be on the same terms and conditions applicable to the Term Facility; provided, however, that (i) the final maturity date of the Incremental Term Facility shall be no earlier than the Maturity Date of the Term Loans; and (ii) the average weighted life to maturity of any Incremental Term Facility shall be no shorter than the weighted average life to maturity of the Term Loans. For the avoidance of doubt, the Incremental Term Facility shall rank pari passu in right of payment and security with the existing Loans and shall not be secured by any collateral or supported by any Guarantee other than those provided pursuant to the Collateral Documents and the Guaranty. An Incremental Term Facility shall be provided hereunder pursuant to an amendment or restatement (an “Incremental Term Facility Amendment”) of this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Lender participating in such Incremental Term Facility, if any, and the Administrative Agent. The Incremental Term Facility Amendment may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents, including without limitation Section 2.07(a), Documents as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent, to effect the provisions of this Section 2.18.