Common use of Terms of Incremental Term Loans Clause in Contracts

Terms of Incremental Term Loans. The terms and provisions of the Incremental Term Loans shall be as follows: (i) Except as otherwise set forth herein or in the Incremental Facility Amendment, the terms and provisions of the Incremental Term Loans shall be identical to the Tranche B-2 Term Loans and, to the extent that the terms and provisions of the Incremental Term Loans are not identical to the Tranche B-2 Term Loans (except to the extent permitted by clauses (ii), (iii) and (iv) below) they shall be reasonably satisfactory to the Administrative Agent; provided that in any event the Incremental Term Loans must comply with clauses (ii), (iii) and (iv) below; (ii) the weighted average life to maturity of any Incremental Term Loans shall be no shorter than the remaining weighted average life to maturity of the Tranche B-2 Term Loans; (iii) the maturity date of the Incremental Term Loans shall not be earlier than the Tranche B-2 Term Loan Maturity Date; (iv) the Applicable Rate for Incremental Term Loans shall be determined by the Borrower and the Lenders of the Incremental Term Loans; provided that in the event that the Applicable Rate for any Incremental Term Loans is greater than the Applicable Rate for the Tranche B-2 Term Loans by more than 50 basis points, then the Applicable Rate for the Tranche B-2 Term Loans shall be increased to the extent necessary so that the Applicable Rate for the Incremental Term Loans is 50 basis points higher than the Applicable Rate for the Tranche B-2 Term Loans; provided, further, that in determining the Applicable Rate applicable to the Tranche B-2 Term Loans and the Incremental Term Loans, (x) original issue discount (“OID”) or upfront fees (which shall be deemed to constitute like amounts of OID) payable by the Borrower to the Lenders of the Tranche B-2 Term Loans or the Incremental Term Loans in the primary syndication thereof shall be included (with OID being equated to interest based on an assumed four-year life to maturity), (y) customary arrangement or commitment fees payable to arrangers in connection with the Tranche B-2 Term Loans or the Incremental Term Loans shall be excluded and (z) any interest rate floor applicable to the Tranche B-2 Term Loans or any Incremental Term Loans shall be equated to an increased interest rate margin; and (v) notwithstanding the foregoing, the terms and provisions of any Specified Incremental Tranche B-1 Term Loans shall be identical to the Tranche B-1 Term Loans and any such Specified Incremental Tranche B-1 Term Loans shall be deemed to be Tranche B-1 Term Loans for all purposes of this Agreement.

Terms of Incremental Term Loans. The terms and provisions of the Incremental Term Loans shall be as follows: (i) Except as otherwise set forth herein or in the Incremental Facility Amendment, the terms and provisions of the Incremental Term Loans shall be identical to the Tranche B-2 B Term Loans and, to the extent that the terms and provisions of the Incremental Term Loans are not identical to the Tranche B-2 B Term Loans (except to the extent permitted by clauses (ii), (iii) and (iv) below) they shall be reasonably satisfactory to the Administrative Agent; provided that in any event the Incremental Term Loans must comply with clauses (ii), (iii) and (iv) below; (ii) the weighted average life to maturity of any Incremental Term Loans shall be no shorter than the remaining weighted average life to maturity of the Tranche B-2 B Term Loans; (iii) the maturity date of the Incremental Term Loans shall not be earlier than the Tranche B-2 B Term Loan Facility Maturity Date;; and (iv) the Applicable Rate for Incremental Term Loans shall be determined by the Borrower and the Lenders of the Incremental Term Loans; provided that in the event that the Applicable Rate for any Incremental Term Loans incurred on or prior to the one-year anniversary of the Restatement Effective Date is greater than the Applicable Rate for the Tranche B-2 B Term Loans by more than 50 basis points, then the Applicable Rate for the Tranche B-2 B Term Loans shall be increased to the extent necessary so that the Applicable Rate for the Incremental Term Loans is 50 basis points higher than the Applicable Rate for the Tranche B-2 B Term Loans; provided, further, that in determining the Applicable Rate applicable to the Tranche B-2 B Term Loans and the Incremental Term Loans, (x) original issue discount (“OID”) or upfront fees (which shall be deemed to constitute like amounts of OID) payable by the Borrower to the Lenders of the Tranche B-2 B Term Loans or the Incremental Term Loans in the primary syndication thereof shall be included (with OID being equated to interest based on an assumed four-year life to maturity), (y) customary arrangement or commitment fees payable to arrangers in connection with the Tranche B-2 B Term Loans or the Incremental Term Loans shall be excluded and (z) any interest rate floor applicable to the Tranche B-2 B Term Loans or any Incremental Term Loans shall be equated to an increased interest rate margin; and (v) notwithstanding the foregoing, the terms and provisions of any Specified Incremental Tranche B-1 Term Loans shall be identical to the Tranche B-1 Term Loans and any such Specified Incremental Tranche B-1 Term Loans shall be deemed to be Tranche B-1 Term Loans for all purposes of this Agreement.

Terms of Incremental Term Loans. The terms and provisions of the Incremental Term Loans shall be as follows: (i) Except as otherwise set forth herein or in the Incremental Facility Amendment, the terms and provisions of the Incremental Term Loans shall be identical to the Tranche B-2 Term Loans and, to the extent that the terms and provisions of the Incremental Term Loans are not identical to the Tranche B-2 Term Loans (except to the extent permitted by clauses (ii), (iii) and (iv) below) they shall be reasonably satisfactory to the Administrative Agent; provided that in any event the Incremental Term Loans must comply with clauses (ii), (iii) and (iv) below; (ii) the weighted average life to maturity of any Incremental Term Loans shall be no shorter than the remaining weighted average life to maturity of the Tranche B-2 Term Loans; (iii) the maturity date of the Incremental Term Loans shall not be earlier than the Tranche B-2 Term Loan Maturity Date;; and (iv) the Applicable Rate for Incremental Term Loans shall be determined by the Borrower and the Lenders of the Incremental Term Loans; provided that in the event that the Applicable Rate for any Incremental Term Loans is greater than the Applicable Rate for the Tranche B-2 Term Loans by more than 50 basis points, then the Applicable Rate for the Tranche B-2 Term Loans shall be increased to the extent necessary so that the Applicable Rate for the Incremental Term Loans is 50 basis points higher than the Applicable Rate for the Tranche B-2 Term Loans; provided, further, that in determining the Applicable Rate applicable to the Tranche B-2 Term Loans and the Incremental Term Loans, (x) original issue discount (“OID”) or upfront fees (which shall be deemed to constitute like amounts of OID) payable by the Borrower to the Lenders of the Tranche B-2 Term Loans or the Incremental Term Loans in the primary syndication thereof shall be included (with OID being equated to interest based on an assumed four-year life to maturity), (y) customary arrangement or commitment fees payable to arrangers in connection with the Tranche B-2 Term Loans or the Incremental Term Loans shall be excluded and (z) any interest rate floor applicable to the Tranche B-2 Term Loans or any Incremental Term Loans shall be equated to an increased interest rate margin; and (v) notwithstanding the foregoing, the terms and provisions of any Specified Incremental Tranche B-1 Term Loans shall be identical to the Tranche B-1 Term Loans and any such Specified Incremental Tranche B-1 Term Loans shall be deemed to be Tranche B-1 Term Loans for all purposes of this Agreement.

Terms of Incremental Term Loans. The terms and provisions of the Incremental Term Loans shall be as follows: (i) Except as otherwise set forth herein or in the Incremental Facility Amendment, the terms and provisions of the Incremental Term Loans shall be be, except as otherwise set forth herein or in the joinder agreement referenced in Section 2.17(c), identical to the Tranche B-2 Term Loans andas of the Closing Date, as such terms may have been amended pursuant to the extent this Agreement (it being understood that the terms and provisions Incremental Term Loans may be part of an existing tranche of Term Loans); (ii) if the Incremental Term Loans are not identical to the Tranche B-2 Term Loans (except to the extent permitted by clauses (ii), (iii) and (iv) below) they shall be reasonably satisfactory to the Administrative Agent; provided that in any event the Incremental Term Loans must comply with clauses (ii), (iii) and (iv) below; (ii) the weighted average life to maturity part of any Incremental Term Loans shall be no shorter than the remaining weighted average life to maturity an existing tranche of the Tranche B-2 Term Loans; (iii) , the maturity date of the Incremental Term Loans (the “Incremental Term Loan Maturity Date”) shall not be earlier than the Tranche B-2 Term Loan Maturity Date; (iviii) unless otherwise set forth in the joinder agreement referenced in Section 2.17(c), each series of Incremental Term Loans will amortize in equal quarterly installments in annual amounts equal to 1.0% of the original principal amount of such series (unless additional amounts are issued under such series, in which case in equal quarterly installments in annual amounts equal to 1.0% of the sum of (A) the Applicable Rate original principal amount of such series and (B) any additional amounts for such series as of the relevant Incremental Term Loan Effective Date), with the balance payable on the relevant Incremental Term Loan Maturity Date; provided, however that in no event shall a joinder agreement provide that amortization payments for Incremental Term Loans shall be determined by more than ratable with the Borrower and amortization payments for the Lenders of the Incremental Term Loans; provided that in the event that the Applicable Rate for any Incremental Term Loans is greater than borrowed on the Applicable Rate for the Tranche B-2 Term Loans by more than 50 basis points, then the Applicable Rate for the Tranche B-2 Term Loans shall be increased to the extent necessary so that the Applicable Rate for Closing Date; and (iv) if the Incremental Term Loans is 50 basis points higher than the Applicable Rate for the Tranche B-2 Term Loans; provided, further, that in determining the Applicable Rate applicable to the Tranche B-2 Term Loans and the Incremental are not part of an existing tranche of Term Loans, (x) original issue discount (“OID”) or upfront fees (which shall be deemed to constitute like amounts of OID) payable by the Borrower to the Lenders of the Tranche B-2 Term Loans or the Incremental Term Loans in the primary syndication thereof shall be included (with OID being equated to interest based on an assumed four-year life to maturity), (y) customary arrangement or commitment fees payable to arrangers in connection with the Tranche B-2 Term Loans or the Incremental Term Loans shall be excluded and (z) any interest rate floor applicable to no more than pari passu with the Tranche B-2 Term Loans or any Incremental Term Loans shall be equated borrowed on the Closing Date with respect to an increased interest rate margin; and (v) notwithstanding the foregoing, the terms payments under Section 2.06 and provisions of any Specified Incremental Tranche B-1 Term Loans shall be identical to the Tranche B-1 Term Loans and any such Specified Incremental Tranche B-1 Term Loans shall be deemed to be Tranche B-1 Term Loans for all purposes of other payment rights under this Agreement.