Amendment of the Existing Credit Agreement. In consideration of the mutual covenants in this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree that, subject to the satisfaction of the conditions precedent set forth in clause 3.1, the Existing Credit Agreement shall, with effect on and from the Amendment Effective Date, be (and it is hereby) amended in accordance with the amendments set out in Schedule 3 and (as so amended) will continue to be binding upon each of the Borrower and the Finance Parties in accordance with its terms as so amended.
Amendment of the Existing Credit Agreement. Effective as of the First Amendment Effective Date, the Existing Credit Agreement is hereby amended as follows:
(a) The following definitions are added in the appropriate alphabetical order to Section 1.01 of the Existing Credit Agreement:
Amendment of the Existing Credit Agreement. Effective on and as of the 2020 Effective Date, the Existing Credit Agreement is hereby amended in accordance with Section 9.08(e) of the Existing Credit Agreement to delete the bold, stricken text (indicated textually in the same manner as the following example: stricken text) and to add the bold, double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in the Existing Credit Agreement attached as Annex A hereto (the Existing Credit Agreement, as so amended, the “Amended Credit Agreement”).
Amendment of the Existing Credit Agreement. Pursuant to Section 2.14 and Section 10.01 of the Credit Agreement, and subject to the satisfaction of the conditions set forth in Section 5 hereof, on and as of the Second Incremental Amendment Closing Date:
(a) Effective as set forth in Section 5 hereof and after giving effect to (i) the roll over of the Revolving Credit Commitments into Tranche A Revolving Commitments and the incurrence of Additional Tranche A Revolving Commitments and (ii) the incurrence of Term B- 2 Loans, the Existing Credit Agreement (excluding Exhibits and Schedules thereto) is hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the bold and double-underlined text (indicated textually in the same manner as the following example: doubled underlined text) as set forth in the pages of the Existing Credit Agreement attached as Annex I hereto.
(b) Exhibit A to the Existing Credit Agreement is hereby amended in its entirety and replaced with the document attached as Exhibit A to Annex II hereto.
(c) Exhibit C-4 is added as a new Exhibit to the Credit Agreement as set forth in Annex II hereto.
(d) Section 5.17 of Exhibit J to the Existing Credit Agreement is hereby amended in its entirety and replaced with the following:
Amendment of the Existing Credit Agreement. Each of the parties hereto agrees that, subject to the satisfaction of the conditions set forth in Section 3 below, the Credit Agreement shall be amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in the pages of the Credit Agreement attached as Exhibit A hereto.
Amendment of the Existing Credit Agreement. (a) It is understood and agreed that the Tranche B Term Loans (including the Tranche B Refinancing Term Loans, the Tranche B Initial Term Loans and the Tranche B Delayed Draw Term Loans) are “Incremental Loans”, the Tranche B Term Lenders (including the Tranche B Refinancing Term Lenders, the Tranche B Initial Term Lenders and the Tranche B Delayed Draw Term Lenders) that are not existing Lenders are “Additional Lenders”, the Tranche B Term Loan Commitments (including the Tranche B Refinancing Term Loan Commitments, the Tranche B Initial Term Loan Commitments and the Tranche B Delayed Draw Commitments) are “Incremental Term Loan Commitments” and this Incremental Amendment is an “Incremental Commitment Amendment”, in each case, as defined in the Existing Credit Agreement. It is further understood and agreed that this Incremental Amendment and the Credit Agreement are each a “Loan Document”, as defined in the Existing Credit Agreement. The Borrower and the Administrative Agent hereby consent, pursuant to Section 2.6(b) of the Existing Credit Agreement, to the inclusion as an “Additional Lender” of each Tranche B Term Lender that is party to this Incremental Amendment that is not an existing Lender or Affiliate of an existing Lender or an Approved Fund.
(b) Effective as of the making of the Tranche B Refinancing Term Loans and the prepayment of the Initial Term Loans, the Existing Credit Agreement (excluding Exhibits and Schedules thereto) is hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the bold and double-underlined text (indicated textually in the same manner as the following example: double underlined text) as set forth in the pages of the Existing Credit Agreement attached as Annex I hereto.
(c) Exhibits G, J, K, L, M, N, O and P to Existing Credit Agreement are hereby amended to read as set forth in Annex II hereto.
(d) The Schedules to the Existing Credit Agreement are hereby amended by adding as new Schedule A-1 Annex III hereto.
Amendment of the Existing Credit Agreement. (a) It is understood and agreed that the Tranche E Term Loans are “Incremental Loans”, the Tranche E Term Lender is an “Additional Lender,” the Tranche E Term Loan Commitment is an “Incremental Term Loan Commitment” and this Incremental Amendment is an “Incremental Commitment Amendment”, in each case, as defined in the Existing Credit Agreement. It is further understood and agreed that this Incremental Amendment and the Credit Agreement are each a “Loan Document”, as defined in the Existing Credit Agreement.
(b) Exhibits J, K, L, M, N, O and P to the Existing Credit Agreement are hereby amended to read as set forth in Annex II hereto.
(c) The Schedules to the Existing Credit Agreement are hereby amended by adding Xxxxx XXX hereto as a new Schedule A-4:
Amendment of the Existing Credit Agreement. In consideration of the mutual covenants in this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Existing Credit Agreement is, subject to the satisfaction of the conditions precedent set forth in Section 3, hereby amended on the Effective Date so as to read in accordance with the form of the amended and restated Credit Agreement set out in Schedule 1 and will continue to be binding upon each of the parties hereto in accordance with its terms as so amended and restated.
Amendment of the Existing Credit Agreement. A. Subsection 1.1 of the Existing Credit Agreement is hereby amended by inserting the following defined terms in the appropriate alphabetical order therein:
Amendment of the Existing Credit Agreement. (a) Effective as of the Incremental Amendment Effective Date, the Existing Credit Agreement is hereby amended to delete the stricken text (indicated textually in the same #96130611v6 #96130611v11 manner as the following example: stricken text) and to add the bold and double-underlined text (indicated textually in the same manner as the following example: double underlined text) as set forth in the pages of the Existing Credit Agreement attached as Annex I hereto.
(b) It is understood and agreed that the Tranche H Term Loans are “Incremental Loans”, the Tranche H Term Lender is an “Additional Lender,” the Tranche H Term Loan Commitment is an “Incremental Term Loan Commitment” and this Incremental Amendment is an “Incremental Commitment Amendment”, in each case, as defined in the Existing Credit Agreement. It is further understood and agreed that this Incremental Amendment and the Credit Agreement are each a “Loan Document”, as defined in the Existing Credit Agreement.
(c) Exhibits J, X, L, M, N, O and P to the Existing Credit Agreement are hereby amended to read as set forth in Annex II hereto.
(d) The Schedules to the Existing Credit Agreement are hereby amended by adding Xxxxx XXX hereto as a new Schedule A-7.
