Incremental Assumption Agreement and Amendment Sample Contracts

Contract
Incremental Assumption Agreement and Amendment • February 28th, 2018 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York

INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT NO. 2 dated as of February 28, 2018 (this “Agreement”), relating to the CREDIT AGREEMENT dated as of January 31, 2017 (as amended by that certain Incremental Assumption Agreement and Amendment No. 1, dated as of August 17, 2017, and as further amended, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”), among TEREX CORPORATION, a Delaware corporation (“Terex”), NEW TEREX HOLDINGS UK LIMITED, with company number 02962659, a limited company organized under the laws of England, TEREX INTERNATIONAL FINANCIAL SERVICES COMPANY UNLIMITED COMPANY, with company number 327184, a company organized under the laws of Ireland, and TEREX AUSTRALIA PTY LTD (ACN 010 671 048), a company organized under the laws of Australia and registered in Queensland, Australia, the Lenders (as defined in Article I of the Credit Agreement), the Issuing Banks (as defined in Article I of the Credit Agreement) and CREDIT SUISSE AG, CAYMAN IS

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INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT Dated as of February 12, 2018, among BERRY GLOBAL GROUP, INC., BERRY GLOBAL, INC. and CERTAIN SUBSIDIARIES OF BERRY GLOBAL, INC.
Incremental Assumption Agreement and Amendment • May 3rd, 2018 • Berry Global Group Inc • Plastics products, nec • New York

THIS INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT (this "Agreement"), dated as of February 12, 2018, is among BERRY GLOBAL, INC. (formerly known as Berry Plastics Corporation), a Delaware corporation (the "Borrower"), BERRY GLOBAL GROUP, INC. (formerly known as Berry Plastics Group, Inc.), a Delaware corporation ("Holdings"), each Subsidiary of the Borrower listed on the signature pages hereto (together with Holdings and Borrower, the "Loan Parties"), Citibank, N.A., as an Incremental Term Lender (as defined in the Credit Agreement referred to below) with respect to the Term Q Loans (in such capacity, the "Initial Term Q Lender"), Citibank, N.A., as an Incremental Term Lender with respect to the Term R Loans (in such capacity, the "Initial Term R Lender"), and Credit Suisse AG, Cayman Islands Branch (formerly known as Credit Suisse, Cayman Islands Branch), as administrative agent (in such capacity, the "Administrative Agent") for the Lenders under the Credit Agreement.

INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT
Incremental Assumption Agreement and Amendment • February 25th, 2011 • Charles River Laboratories International Inc • Services-commercial physical & biological research • New York

INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT (this “Agreement”) dated as of February 24, 2011 relating to the Third Amended and Restated Credit Agreement dated as of August 26, 2010 (as heretofore amended or modified, the “Credit Agreement”) among Charles River Laboratories International, Inc. (the “Parent Borrower”), Charles River Nederland B.V., the Lenders party thereto from time to time, JPMorgan Chase Bank, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”), Bank of America, N.A., as Syndication Agent and the other agents party thereto.

INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT Dated as of October 1, 2015 among BERRY PLASTICS GROUP, INC., BERRY PLASTICS CORPORATION and CERTAIN SUBSIDIARIES OF BERRY PLASTICS CORPORATION as Loan Parties, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as...
Incremental Assumption Agreement and Amendment • November 23rd, 2015 • Berry Plastics Group Inc • Plastics products, nec • New York

THIS INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT TO THE CREDIT AGREEMENT (as defined below) (this "Agreement"), dated as of October 1, 2015, is among BERRY PLASTICS CORPORATION, a Delaware corporation (the "Borrower"), BERRY PLASTICS GROUP, INC., a Delaware corporation ("Holdings"), each Subsidiary of the Borrower listed on the signature pages hereto (together with Holdings and Borrower, the "Loan Parties"), Credit Suisse AG, Cayman Islands Branch, as an Incremental Term Lender (as defined in the Credit Agreement referred to below) (in such capacity, the "Incremental Term Lender"), and Credit Suisse AG, Cayman Islands Branch (formerly known as Credit Suisse, Cayman Islands Branch), as administrative agent (in such capacity, the "Administrative Agent") for the Lenders under the Credit Agreement.

INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT
Incremental Assumption Agreement and Amendment • August 9th, 2016 • Berry Plastics Group Inc • Plastics products, nec • New York

THIS INCREMENTAL ASSUMPTION AGREEMENT AND AMENDMENT, dated as of June 15, 2016 (this "Agreement"), is among BERRY PLASTICS CORPORATION, a Delaware corporation (the "Borrower"), BERRY PLASTICS GROUP, INC., a Delaware corporation ("Holdings"), each Subsidiary of the Borrower listed on the signature pages hereto (together with Holdings and the Borrower, the "Loan Parties"), Citibank, N.A., as a Lender (as defined in the Credit Agreement referred to below) with respect to the Term G Loans (in such capacity, the "Initial Term G Lender"), Citibank, N.A., as a Lender with respect to the Term H Loans (in such capacity, the "Initial Term H Lender"), and Credit Suisse AG, Cayman Islands Branch (formerly known as Credit Suisse, Cayman Islands Branch), as administrative agent (in such capacity, the "Administrative Agent") for the Lenders under the Credit Agreement.

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