Incremental Term Loan Assumption Agreement Sample Contracts

EX-10.1 2 d889168dex101.htm EX-10.1 EXECUTION VERSION AMENDMENT NO.1 AND INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of March 9, 2015, among CHS/COMMUNITY HEALTH SYSTEMS, INC., COMMUNITY HEALTH SYSTEMS, INC., THE LENDERS PARTY HERETO and...
Incremental Term Loan Assumption Agreement • May 5th, 2020 • New York

AMENDMENT NO. 1 AND INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of March 9, 2015 (this “Agreement”), among CHS/COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation (the “Borrower”), COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation (“Parent”), the Subsidiary Guarantors listed on the signature pages hereto, the 2018 Incremental Term F Lenders listed on the signature pages hereto, the other Lenders listed on the signature pages hereto and CREDIT SUISSE AG, as Administrative Agent and Collateral Agent.

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AMENDMENT NO. 1 AND INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT
Incremental Term Loan Assumption Agreement • February 25th, 2021 • DigitalOcean Holdings, Inc. • Services-computer programming, data processing, etc. • New York

This AMENDMENT NO. 1 AND INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT, dated as of March 18, 2020 (this “Amendment”), among (i) DIGITALOCEAN, LLC, a Delaware limited liability company (f/k/a Digital Ocean, Inc., a Delaware corporation), as Borrower (the “Borrower”); (ii) DIGITALOCEAN HOLDINGS, INC., a Delaware corporation and the sole parent of the Borrower, as Holdings (“Holdings”), SERVERSTACK, INC., a New York corporation (“ServerStack”, and together with Holdings and the Borrower, the “Credit Parties”), MORGAN STANLEY SENIOR FUNDING, INC., in its capacity as an incremental term loan lender (the “Initial Incremental Term Lender”), the Lenders executing this Amendment on the signature pages hereto, and KEYBANK NATIONAL ASSOCIATION, in its capacity as Administrative Agent (the “Administrative Agent”) under the Credit Agreement referred to below.

AMENDMENT NO. 17 and INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of September 19, 2024, relating to the SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of June 4, 2014, among TRANSDIGM INC., TRANSDIGM GROUP INCORPORATED, THE SUBSIDIARIES...
Incremental Term Loan Assumption Agreement • September 20th, 2024 • TransDigm Group INC • Aircraft parts & auxiliary equipment, nec • New York

SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of June 4, 2014 (this “Agreement”), among TRANSDIGM INC., a Delaware corporation (the “Borrower”), TRANSDIGM GROUP INCORPORATED, a Delaware corporation (“Holdings”), each subsidiary of the Borrower from time to time party hereto, the Lenders (as defined in Article I) and GOLDMAN SACHS BANK USA (as successor to Credit Suisse AG), as administrative agent and collateral agent for the Lenders hereunder (in such capacities, the “Agent”).

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of July 1, 2013 relating to the AMENDED AND RESTATED CREDIT AGREEMENT dated as of February 28, 2013 among TRANSDIGM INC., TRANSDIGM GROUP INCORPORATED, THE SUBSIDIARIES OF TRANSDIGM INC. FROM TIME TO...
Incremental Term Loan Assumption Agreement • July 3rd, 2013 • TransDigm Group INC • Aircraft parts & auxiliary equipment, nec • New York

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of July 1, 2013 (this “Agreement”), to the AMENDED AND RESTATED CREDIT AGREEMENT dated as of February 28, 2013, as amended by Amendment No. 1 dated as of the date hereof (as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among TRANSDIGM INC., a Delaware corporation (the “Borrower”), TRANSDIGM GROUP INCORPORATED, a Delaware corporation (“Holdings”), each subsidiary of the Borrower from time to time party thereto, the lenders party thereto (the “Existing Lenders”), and CREDIT SUISSE AG, as administrative agent and collateral agent for the Lenders (in such capacities, the “Agent”).

Contract
Incremental Term Loan Assumption Agreement • July 28th, 2009 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of July 23, 2009 (this "Agreement"), among TEREX CORPORATION, a Delaware corporation ("Terex"), the Lenders named herein (the “Incremental Lenders”) and CREDIT SUISSE ("CS"), as administrative agent (in such capacity, the "Administrative Agent").

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT
Incremental Term Loan Assumption Agreement • December 19th, 2018 • New York

dated as of December 20, 2018 (this “Agreement”), among CBRE SERVICES, INC., a Delaware corporation (the “U.S. Borrower”), CBRE LIMITED, a limited company organized under the laws of England and Wales (with company no: 3536032) (the “U.K. Borrower”), CBRE LIMITED, a corporation organized under the laws of the province of New Brunswick (the “Canadian Borrower”), CBRE PTY LIMITED, a company organized under the laws of Australia and registered in New South Wales (the “Australian Borrower”), CBRE LIMITED, a company organized under the laws of New Zealand (the “New Zealand Borrower”), CBRE GLOBAL ACQUISITION COMPANY, a société à responsabilité limitée organized under the laws of the Grand Duchy of Luxembourg, having its registered office at 12D, Impasse Drosbach L-1882 Luxembourg, Grand Duchy of Luxembourg and registered with the Luxembourg Trade and Companies Register (Registre de Commerce et des Sociétés, Luxembourg) under number B 150.692 (the “Luxembourg Borrower” and, together with the

Contract
Incremental Term Loan Assumption Agreement • July 20th, 2007 • Alion Science & Technology Corp • Services-engineering services • New York

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of July 17, 2007 (this “Assumption Agreement”), related to the CREDIT AGREEMENT dated as of August 2, 2004, as amended pursuant to that certain Incremental Term Loan Assumption Agreement and Amendment No. 1 dated as of April 1, 2005, that certain Incremental Term Loan Assumption Agreement and Amendment No. 2 dated as of March 24, 2006, as amended as of April 21, 2006, that certain Incremental Term Loan Assumption Agreement and Amendment No. 3 dated as of June 30, 2006, and that certain Amendment No. 4 dated as of February 6, 2007 (as amended, the “Credit Agreement”), among ALION SCIENCE AND TECHNOLOGY CORPORATION (the “Borrower”), the Subsidiary Guarantors listed on the signature pages hereto (solely with respect to Sections 7, 8, 10 and 11 hereof), the lenders from time to time party to the Credit Agreement (the “Lenders”) and CREDIT SUISSE (formerly known as Credit Suisse First Boston), as administrative agent (in such capacity, the

AMENDMENT NO. 1 AND INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of February 15, 2012, relating to the CREDIT AGREEMENT dated as of February 14, 2011, among TRANSDIGM INC., TRANSDIGM GROUP INCORPORATED, The subsidiaries of TransDigm Inc. from...
Incremental Term Loan Assumption Agreement • February 21st, 2012 • TransDigm Group INC • Aircraft parts & auxiliary equipment, nec • New York

AMENDMENT NO 1. AND INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of February 15, 2012 (this “Agreement”), relating to the CREDIT AGREEMENT dated as of February 14, 2011 (the “Credit Agreement”) among TRANSDIGM GROUP INCORPORATED, a Delaware corporation (“Holdings”), TRANSDIGM INC., a Delaware corporation (the “Borrower”), the subsidiaries of the Borrower from time to time party thereto, the Lenders party thereto, and CREDIT SUISSE AG, as administrative agent and collateral agent (in such capacities, the “Agent”).

Contract
Incremental Term Loan Assumption Agreement • January 10th, 2007 • Alion Science & Technology Corp • Services-commercial physical & biological research • New York

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of January 4, 2007 (this “Assumption Agreement ”), related to the CREDIT AGREEMENT dated as of August 2, 2004, as amended pursuant to that certain Incremental Term Loan Assumption Agreement and Amendment No. 1 dated as of April 1, 2005, that certain Incremental Term Loan Assumption Agreement and Amendment No. 2 dated as of March 24, 2006, as amended as of April 21, 2006, and that certain Incremental Term Loan Assumption Agreement and Amendment No. 3 dated as of June 30, 2006 (as amended, the “Credit Agreement”), among ALION SCIENCE AND TECHNOLOGY CORPORATION (the “Borrower”), the Subsidiary Guarantors listed on the signature pages hereto (solely with respect to Sections 6, 7, 9 and 10 hereof), the lenders from time to time party to the Credit Agreement (the “Lenders”) and CREDIT SUISSE (formerly known as Credit Suisse First Boston), as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent for the

relating to the
Incremental Term Loan Assumption Agreement • September 20th, 2002 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York
INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of May 18, 2015, among CHS/COMMUNITY HEALTH SYSTEMS, INC., COMMUNITY HEALTH SYSTEMS, INC., THE LENDERS PARTY HERETO and CREDIT SUISSE AG, as Administrative Agent and Collateral Agent CREDIT SUISSE...
Incremental Term Loan Assumption Agreement • May 18th, 2015 • Community Health Systems Inc • Services-general medical & surgical hospitals, nec • New York

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of May 18, 2015 (this “Agreement”), among CHS/COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation (the “Borrower”), COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation (“Parent”), the Subsidiary Guarantors listed on the signature pages hereto, the 2019 Incremental Term G Lenders listed on the signature pages hereto, the 2021 Incremental Term H Lenders listed on the signature pages hereto, the other Lenders listed on the signature pages hereto and CREDIT SUISSE AG, as Administrative Agent and Collateral Agent.

Contract
Incremental Term Loan Assumption Agreement • October 15th, 2012 • TransDigm Group INC • Aircraft parts & auxiliary equipment, nec • New York

AMENDMENT NO. 2 AND INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of October 9, 2012 (this “Agreement”), to the CREDIT AGREEMENT dated as of February 14, 2011, as amended by Amendment No. 1 and Incremental Term Loan Assumption Agreement dated as of February 15, 2012 (the “Credit Agreement”), among TRANSDIGM INC., a Delaware corporation (the “Borrower”), TRANSDIGM GROUP INCORPORATED, a Delaware corporation (“Holdings”), each subsidiary of the Borrower from time to time party thereto, the lenders party thereto (the “Existing Lenders”), and CREDIT SUISSE AG, as administrative agent and collateral agent for the Lenders (in such capacities, the “Agent”).

AMENDMENT NO. 1 AND INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT
Incremental Term Loan Assumption Agreement • October 18th, 2021 • Gerson Lehrman Group, Inc. • Services-management services • New York

This AMENDMENT NO. 1 AND INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT, dated as of November 4, 2020 (this “Amendment”), is entered into by and among the Persons listed on Schedule 1 hereto, each in its individual capacity as a provider of a portion of the portion of the First Amendment Incremental Term Loan (as defined below) set forth opposite such Lender’s name on Schedule 1 hereto (each, a “First Amendment Incremental Lender”), each of the other Lenders (as defined in the Credit Agreement referred to below) signatory hereto (constituting Required Lenders (as defined in the Credit Agreement referred to below), Gerson Lehrman Group, Inc., a Delaware corporation, as the Borrower (as defined in the Credit Agreement referred to below), the other Loan Parties (as defined in the Credit Agreement referred to below), and Owl Rock Capital Corporation, as Administrative Agent (as defined in the Credit Agreement referred to below).

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of March 27, 2008, relating to the AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 20, 2006, among CB RICHARD ELLIS SERVICES, INC., CB RICHARD ELLIS GROUP, INC., CERTAIN SUBSIDIARIES OF CB...
Incremental Term Loan Assumption Agreement • November 10th, 2008 • Cb Richard Ellis Group Inc • Real estate • New York

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of March 27, 2008 (this “Agreement”), among CB RICHARD ELLIS SERVICES, INC., a Delaware corporation (the “U.S. Borrower”), CB RICHARD ELLIS GROUP, INC., a Delaware corporation (“Holdings”), the Incremental Term Lenders (as defined below) and CREDIT SUISSE (“CS”), as administrative agent (in such capacity, the “Administrative Agent”).

Contract
Incremental Term Loan Assumption Agreement • July 28th, 2009 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of July 22, 2009 (this "Agreement"), among TEREX CORPORATION, a Delaware corporation ("Terex"), J.P. MORGAN CHASE INTERNATIONAL FINANCING LIMITED ("JPM") and CREDIT SUISSE ("CS"), as administrative agent (in such capacity, the "Administrative Agent").

Contract
Incremental Term Loan Assumption Agreement • February 27th, 2014 • Reynolds Group Holdings LTD • Plastics, foil & coated paper bags • New York

Exhibit 4.1.82 - Amendment No. 8 and Incremental Term Loan Assumption Agreement, dated as of November 27, 2013, by and among Reynolds Group Holdings Inc., Pactiv LLC, Reynolds Consumer Products Holdings LLC, Closure Systems International Holdings Inc., SIG Euro Holding AG & Co. KGaA, SIG Austria Holding GmbH, Closure Systems International B.V., Evergreen Packaging Inc., Reynolds Consumer Products Inc., Beverage Packaging Holdings (Luxembourg) III S.à.r.l., Reynolds Group Holdings Limited, the Guarantors from time to time party thereto, the Lenders from time to time party thereto and Credit Suisse AG, as administrative agent for the Lenders

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of October 14, 2016 relating to the SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of June 4, 2014, among TRANSDIGM INC., TRANSDIGM GROUP INCORPORATED, THE SUBSIDIARIES OF TRANSDIGM INC. FROM...
Incremental Term Loan Assumption Agreement • October 14th, 2016 • TransDigm Group INC • Aircraft parts & auxiliary equipment, nec • New York

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of October 14, 2016 (this “Agreement”), to the SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of June 4, 2014, as amended by Amendment No. 1 dated as of June 9, 2016 (as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among TRANSDIGM INC., a Delaware corporation (the “Borrower”), TRANSDIGM GROUP INCORPORATED, a Delaware corporation (“Holdings”), each subsidiary of the Borrower from time to time party thereto, the lenders party thereto (the “Existing Lenders”), and CREDIT SUISSE AG, as administrative agent and collateral agent for the Lenders (in such capacities, the “Agent”).

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT
Incremental Term Loan Assumption Agreement • May 5th, 2016 • GTT Communications, Inc. • Telephone communications (no radiotelephone) • New York

This INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT, dated as of May 3, 2016 (this “Agreement”), is entered into among GTT Communications, Inc., a Delaware corporation as the borrower (the “Borrower”), KeyBank National Association, as the administrative agent (the “Administrative Agent”), and the Incremental Term Lender (defined below) party hereto.

Exhibit No. Description Filed Herewith or Incorporated by Reference From
Incremental Term Loan Assumption Agreement • November 13th, 2016
Contract
Incremental Term Loan Assumption Agreement • November 13th, 2016

to certain negative covenants under the 2013 Credit Facility, a modification to the financial covenant contained in the Revolving Credit Facility established pursuant to the 2013 Credit Facility and a modification to the incremental term loan facility established pursuant to the 2013 Credit Facility by excluding the Incremental Term Facility (as defined below) from the calculation of the availability thereunder.

AMENDMENT NO. 2 AND INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT
Incremental Term Loan Assumption Agreement • October 18th, 2021 • Gerson Lehrman Group, Inc. • Services-management services • New York

This AMENDMENT NO. 2 AND INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT, dated as of August 27, 2021 (this “Amendment”), is entered into by and among the Persons listed on Schedule 1 hereto, each in its individual capacity as a provider of a portion of the portion of the Second Amendment Incremental Term Loan (as defined below) set forth opposite such Lender’s name on Schedule 1 hereto (each, a “Second Amendment Incremental Lender”), each of the other Lenders (as defined in the Credit Agreement referred to below) signatory hereto (constituting Required Lenders (as defined in the Credit Agreement referred to below), Gerson Lehrman Group, Inc., a Delaware corporation, as the Borrower (as defined in the Credit Agreement referred to below), the other Loan Parties (as defined in the Credit Agreement referred to below), and Owl Rock Capital Corporation, as Administrative Agent (as defined in the Credit Agreement referred to below).

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INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT
Incremental Term Loan Assumption Agreement • August 3rd, 2006 • Knoll Inc • Miscellaneous furniture & fixtures • New York

THIS INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT, dated as of August 1, 2006 (this “Agreement”), by and among the lenders party hereto (each a “Incremental Term Lender” and collectively the “Incremental Term Lenders”), KNOLL, INC., a Delaware corporation (the “Borrower”), and BANK OF AMERICA, N.A., as administrative agent (the “Administrative Agent”).

Contract
Incremental Term Loan Assumption Agreement • December 21st, 2018 • Cbre Group, Inc. • Real estate • New York

INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT dated as of December 20, 2018 (this “Agreement”), among CBRE SERVICES, INC., a Delaware corporation (the “U.S. Borrower”), CBRE LIMITED, a limited company organized under the laws of England and Wales (with company no: 3536032) (the “U.K. Borrower”), CBRE LIMITED, a corporation organized under the laws of the province of New Brunswick (the “Canadian Borrower”), CBRE PTY LIMITED, a company organized under the laws of Australia and registered in New South Wales (the “Australian Borrower”), CBRE LIMITED, a company organized under the laws of New Zealand (the “New Zealand Borrower”), CBRE GLOBAL ACQUISITION COMPANY, a société à responsabilité limitée organized under the laws of the Grand Duchy of Luxembourg, having its registered office at 12D, Impasse Drosbach L-1882 Luxembourg, Grand Duchy of Luxembourg and registered with the Luxembourg Trade and Companies Register (Registre de Commerce et des Sociétés, Luxembourg) under number B 150.692 (the “

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