The Incremental Loans Clause Samples
The Incremental Loans. (i) So long as no Default or Event of Default has occurred and is continuing, at any time and from time to time prior to January 1, 2006, the Borrower may request pursuant to the procedure set forth in, and in accordance with the terms of, Section 2.16, the addition of an Incremental Facility consisting SECOND AMENDED AND RESTATED CREDIT AGREEMENT – Page 33 of either an increase to the existing revolving facility or a new tranche of revolving loans (each, an “Incremental Revolving Loan”) or an increase to the existing term loan or a new tranche of term loans (each, an “Incremental Term Loan”); provided however that the Borrower may not make a request for an Incremental Facility if after giving effect thereto the sum of all then outstanding Incremental Revolving Loans, unused Incremental Revolving Commitments, outstanding Incremental Term Loans and unused Incremental Term Commitments would exceed the Maximum Incremental Amount. Each Incremental Facility shall:
(A) be in an amount not less than the excess of $25,000,000 over the amount of any Nexstar Incremental Facility made simultaneously therewith, provided that the sum of all then outstanding Incremental Revolving Loans, unused Incremental Revolving Commitments, Incremental Revolving Loans (as that term is defined in the Nexstar Credit Agreement) of the Nexstar Borrower and unused Incremental Revolving Commitments (as that term is defined in the Nexstar Credit Agreement) of the Nexstar Borrower shall not exceed $25,000,000;
(B) unless otherwise specifically provided in this Agreement, upon the effectiveness of the Incremental Revolving Commitment or Incremental Term Commitment relating thereto as provided in Section 2.01(c)(ii), be deemed to be a Revolving Loan or a Term C Loan as defined herein, as applicable, for all purposes under this Agreement, including for purposes of the sharing of Collateral and guarantees under the Guaranty Agreements all on a pari passu basis with all other Obligations;
(C) have such pricing as may be agreed by the Borrower and the Banks providing such Incremental Revolving Loans and/or Incremental Term Loans pursuant to the provisions of this Section 2.01(c) and Section 2.16; and
(D) except as specifically provided in this subsection (D) and subsection (C) above or in Section 2.08, otherwise have all of the same terms and conditions as the Revolving Loans that are not Incremental Revolving Loans (if such Incremental Loans are Incremental Revolving Loans) or as the Term C Loan...
The Incremental Loans. A. shall rank pari passu in right of payment and of security with the Loans;
B. the Incremental Construction Loans shall not mature earlier than the Construction Loan Maturity Date, and the Incremental LC Loans shall not mature earlier than the LC Loan Maturity Date; and
C. the Incremental Loans may participate on a pro rata basis or less than pro rata basis (but not on a greater than pro rata basis) in any voluntary or mandatory prepayments of Loans hereunder, as specified in the applicable Incremental Joinder.
The Incremental Loans. The Borrower shall repay the aggregate unpaid principal amount of all of the Incremental Loans outstanding on the Incremental Commitment Termination Date (the "INCREMENTAL LOAN BALANCE") in installments, payable on the Principal Payment Dates specified in the table below, in an amount for each such installment equal to the Incremental Loan Balance multiplied by the percentage set forth opposite the Principal Payment Date for such installment in the table below: PERCENTAGE OF INCREMENTAL PRINCIPAL PAYMENT DATE LOAN BALANCE ---------------------- ------------ 03/31/02 3.75% 06/30/02 3.75% 09/30/02 3.75% 12/31/02 3.75% 03/31/03 3.75% 06/30/03 3.75% 09/30/03 3.75% 12/31/03 3.75% 03/31/04 5.00% 06/30/04 5.00% 09/30/04 5.00% 12/31/04 5.00% 03/31/05 5.00% 06/30/05 5.00% 09/30/05 5.00% 57 12/31/05 5.00% 03/31/06 7.50% 06/30/06 7.50% 09/30/06 7.50% 12/31/06 7.50%
The Incremental Loans. The Borrower shall repay the aggregate unpaid principal amount of all Incremental Loans outstanding on the Incremental Commitment Termination Date (the "INCREMENTAL LOAN BALANCE") in eighteen (18) installments, payable on the Principal Payment Dates specified in the table below, in an amount for each such installment equal to the Incremental Loan Balance multiplied by the percentage set forth opposite the Principal Payment Date for such installment in the table below: PERCENTAGE OF INCREMENTAL PRINCIPAL PAYMENT DATE LOAN BALANCE ---------------------- ------------ March 31, 2001 3% June 30, 2001 3% 49 -42- September 30, 2001 3% December 31, 2001 4% March 31, 2002 4% June 30, 2002 4% September 30, 2002 4% December 31, 2002 5% March 31, 2003 5% June 30, 2003 5% September 30, 2003 5% December 31, 2003 6% March 31, 2004 6% June 30, 2004 6% September 30, 2004 6% December 31, 2004 10% March 31, 2005 10% July 31, 2005 11%
The Incremental Loans. 49 (c) Maturity Date.................................................................50 2.9. Fees.................................................................................50 (a)
