First Incremental Agreement definition
Examples of First Incremental Agreement in a sentence
Each Initial Lender acknowledges and agrees that upon its execution of this First Incremental Agreement it shall become a “Lender” under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder.
This First Incremental Agreement, the Credit Agreement and the other Loan Documents constitute the entire agreement among the parties with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties or any of them with respect to the subject matter hereof.
For the avoidance of doubt, on and after the date that is twelvesix months following the Closingthe First Incremental Agreement Effective Date, no fee shall be payable pursuant to this Section 5.1(b).
Any Existing Term Lender may elect for a “cashless roll” of 100% (or such lesser amount as may be notified to such Existing Term Lender by the Administrative Agent prior to the First Incremental Agreement Effective Date) of its Existing Term Loans into Tranche B Term Loans in the same principal amount by indicating such election for a cashless settlement option on its signature page hereto (such electing Existing Term Lenders, the “Rollover Lenders”).
Any Existing Term Lender may elect for a “cashless roll” of 100% (or such lesser amount as may be notified to such Existing Term Lender by the Administrative Agent prior to the First Incremental Agreement Effective Date) of its Existing Term Loans into 2019 Term Loans in the same principal amount by indicating such election for a cashless settlement option on its signature page hereto (such electing Existing Term Lenders, the “Rollover Lenders”).
Any term or provision of this First Incremental Agreement held to be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions hereof; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.
The slowest mode has been removed in Gexp(t) (dashed line), while increasing the weight of the slowest-but-one mode, see Table 2.
For the avoidance of doubt, on and after the date that is six months following the the First Incremental Agreement Effective Date, no fee shall be payable pursuant to this Section 5.1(b).
The existing text of Section 2.01 of the Credit Agreement is designated to be clause “(a)” thereof, and the following new clause(b) is added to read in full as follows:(b) Each Tranche B-1 Lender severally (and not jointly) agreed, on the terms and subject to the conditions set forth in the First Incremental Agreement, to make an Incremental Term Loan (each, a “Tranche B-1 Loan”) to the Borrower on the Tranche B-1 Funding Date in the amount of such Tranche B-1 Lender’s Tranche B-1 Commitment.
For the avoidance of doubt, on and after the date that is six months following the the First Incremental Agreement Effective Date, no fee shall be payable pursuant to this Section 5.1(b).