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 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.
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.
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.
Such Employer Qualified Nonelective Contributions shall be separately accounted for and no portion of such Employer Qualified Nonelective Contributions attributable to Plan Years beginning after December 31, 1988, may be withdrawn upon hardship of the Participant.
The aggregate principal amount of the First Amendment Incremental Term Loans made on the First Amendment Effective Date shall be $23,000,000.
Such fee shall be paid by the Borrower to the Administrative Agent, for the account of the First Amendment Incremental Term Lenders in respect of the First Amendment Incremental Term Loans on the date of such prepayment.
More Definitions of First Amendment Incremental Term Loans
First Amendment Incremental Term Loans the Incremental Term Loans incurred pursuant to Section 2.4.
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
First Amendment Incremental Term Loans means the Incremental Term Loans provided pursuant to the First Amendment. “Fiscal Month” means any of the monthly accounting periods of the Borrower. “Fiscal Quarter” means each 3 Fiscal Month period ending on March 31, June 30, September 30 or December 31. “Fiscal Year” means the twelve-month period ending on December 31. “Fixed Amount” has the meaning specified in Section 1.1(d)(ii). “Fixed Incremental Amount” means (i) at any time prior to the consummation of the Xxx Acquisition, $26,000,000 and (ii) if the Xxx Acquisition is consummated, $31,500,000. “Foreign Subsidiary” means any Subsidiary of the Borrower that is not a Domestic Subsidiary. “GAAP” means generally accepted accounting principles in the United States of America, as in effect from time to time, set forth in the opinions and pronouncements of the Accounting Principles Board and the American Institute of Certified Public Accountants, in the statements and pronouncements of the Financial Accounting Standards Board and in such other statements by such other entity as may be in general use by significant segments of the accounting profession that are applicable to the circumstances as of the date of determination. Subject to Section 1.3, all references to “GAAP” shall be to GAAP applied consistently with the principles used in the preparation of the Financial Statements described in Section 4.4(a), including, without limitation, those qualifications to GAAP set forth on the disclosure schedules to the Acquisition Agreement. “Governmental Authority” means any nation, sovereign or government, any state or other political subdivision thereof, any agency, authority or instrumentality thereof and any entity or authority exercising executive, legislative, taxing, judicial, regulatory or administrative functions of or pertaining to government. “Group Members” means, collectively, the Borrower and its Restricted Subsidiaries. “Group Members’ Accountants” means Xxxxxx LLP or any other nationally- or regionally- recognized independent registered certified public accountants. “Guarantor” means Holdings, each Wholly Owned Subsidiary of the Borrower listed on Schedule 4.3 that is not an Excluded Subsidiary and each other Person that becomes a party to the Guaranty and Security Agreement pursuant to Section 7.10 after the Closing Date, provided that only Subsidiaries that are not Excluded Subsidiaries shall be required to become a party to the Guaranty and Security Agreement. For the avoidance of doubt, th...