First Amendment Incremental Term Loans definition

First Amendment Incremental Term Loans has the meaning assigned to the term “Incremental Term Loans” in the First Amendment.

First Amendment Incremental Term Loans means the term loans made by the Lenders on the First Amendment Effective Date to the Borrower pursuant to Section 2.1(a)(ii); it being understood that except as set forth in the First Amendment and in this Agreement, the First Amendment Incremental Term Loans shall be of the same Class as the Initial Term Loans, shall have identical terms as the Initial Term Loans and shall otherwise be subject to the provisions, including any provisions restricting the rights, or regarding the obligations, of the Loan Parties or any provisions regarding the rights of the Lenders, of this Agreement and the other Loan Documents.

First Amendment Incremental Term Loans means Incremental Term Loans implemented pursuant to the First Amendment.

Examples of First Amendment Incremental Term Loans in a sentence

• The aggregate principal amount of the First Amendment Incremental Term Loans made on the First Amendment Effective Date was $23,000,000.

• The aggregate principal amount of the First Amendment Incremental Term Loans made on the First Amendment Effective Date shall be $23,000,000.

• The Borrower shall give the Administrative Agent irrevocable prior written notice in the form of a Notice of Borrowing not later than 12:00 p.m. at least one Business Day prior to the anticipated First Amendment Effective Date requesting that the First Amendment Incremental Term Lenders make the First Amendment Incremental Term Loans on the First Amendment Effective Date and specifying the amount to be borrowed.

• For greater certainty and without limiting the foregoing, each Loan Party hereby confirms that the existing security interests granted by such Loan Party in favor of the Secured Parties pursuant to the Loan Documents in the Collateral described therein shall continue to secure the obligations of the Loan Parties, including the First Amendment Incremental Term Loans, under the Credit Agreement and the other Loan Documents as and to the extent provided in the Loan Documents.

• Not later than 2:00 p.m. on the First Amendment Effective Date, each First Amendment Incremental Term Lender shall make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, First Amendment Incremental Term Loans in an amount equal to such First Amendment Incremental Term Lender’s First Amendment Incremental Term Loan Commitment.

More Definitions of First Amendment Incremental Term Loans

First Amendment Incremental Term Loans means the term loans made by the Lenders on the First Amendment Effective Date to the Borrower pursuant to Section 2 of the First Amendment. Except as otherwise expressly set forth herein or therein, the First Amendment Incremental Term Loans shall have the same terms as the Initial Term Loans and, once funded, shall constitute, together with the Initial Term Loans and any Delayed Draw Term Loans, a single Class of Loans.

First Amendment Incremental Term Loans the Incremental Term Loans incurred pursuant to the First Incremental Facility Amendment.

First Amendment Incremental Term Loans and (ii) each of the parties hereto hereby agrees that the First Amendment Incremental Term Loans shall (A) constitute “Term Loans” for all purposes under the Credit Agreement and each other Loan Document and shall have terms and provisions identical to those applicable to the Existing Term Loans and (B) be deemed to be made in addition to the Existing Term Loans extended to the Borrower prior to the First Amendment Effective Date and not in repayment thereof. The First Amendment Incremental Term Loan shall be made as a single borrowing, with an initial Interest Period that commences on the First Amendment Effective Date and ends on the last day of the Interest Period applicable to the Existing Term Loans outstanding prior to the First Amendment Effective Date. During such initial Interest Period, the LIBO Rate applicable to the First Amendment Incremental Term Loan shall be the same LIBO Rate applicable for the Existing Term Loans outstanding as of the First Amendment Effective Date.

First Amendment Incremental Term Loans and, together with the First Amendment Refinancing Term Loans, the “First Amendment Term Loans”);

First Amendment Incremental Term Loans has the meaning set forth in the First Amendment. “First Amendment Effective Date” has the meaning provided in the First Amendment.

First Amendment Incremental Term Loans means Incremental Term Loans implemented pursuant to the First Amendment. “First Priority” means, with respect to any Lien purported to be created in any Collateral pursuant to any Security Document, that such Lien is the only Lien to which such Collateral is subject, other than Permitted Liens. “Fiscal Quarter” means a fiscal quarter of any Fiscal Year.

First Amendment Incremental Term Loans means Incremental Term Loans implemented pursuant to the First Amendment. “First Priority” means, with respect to any Lien purported to be created in any Collateral pursuant to any Security Document, that such Lien is the only Lien to which such Collateral is subject, other than Permitted Liens. “Fiscal Quarter” means a fiscal quarter of any Fiscal Year. “Fiscal Year” means the fiscal year of Holdings and its Subsidiaries ending on December 31 of each calendar year. “Foreign Lender” means a Lender that is not a U.S. Person. “GAAP” means generally accepted accounting principles in the United States set forth in the opinions and pronouncements of the Accounting Principles Board of the American Institute of Certified Public Accountants and statements and pronouncements of the Financial Accounting Standards Board or in such other statements by such other entity as have been approved by a significant segment of the accounting profession, which are in effect from time to time. “Governing Documents” shall mean, with respect to any Person, the certificate or articles of incorporation, by-laws, or other organizational documents of such Person. “Governmental Authority” means the government of the United States or any other nation, or of any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government (including any supra-national bodies such as the European Union or the European Central bank). “Governmental Authorization” means any permit, license, authorization, plan, directive, consent order or consent decree of or from any Governmental Authority. “Guarantor” means each of Holdings and each Subsidiary Guarantor. 17 9482345