First Incremental Agreement definition

First Incremental Agreement means that certain Incremental Agreement, dated as of July 23, 2019 among the Borrower, Holdings, the other Guarantors, the Lenders party thereto and the Administrative Agent.

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First Incremental Agreement means the First Incremental Amendment and Joinder Agreement dated as of November 14, 2011 among Holdco, the Borrower, the Tranche B-1 Lenders identified therein and the Administrative Agent.

Examples of First Incremental Agreement in a sentence

This First Incremental Agreement may be executed in counterparts (including by facsimile or other electronic transmission), each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement.
For all purposes of this First Incremental Agreement, the Credit Agreement and the other Loan Documents, the term “Initial Lender” shall include each Lender with a commitment to make an Incremental Term Loan or an outstanding Incremental Term Loan.
Except as set forth in this First Incremental Agreement, the Incremental Term Loans shall otherwise be subject to the provisions of the Credit Agreement and the other Loan Documents.
Notwithstanding anything to the contrary in the First Incremental Agreement, the provisions of this Section 2.10(a)(iii) shall replace and supersede the second, third and fourth sentences of Section 4 of the First Incremental Agreement.
This First Incremental Agreement may not be amended, modified or waived except by an instrument or instruments in writing signed and delivered on behalf of each of the parties hereto.
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).
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).
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.
On and after the Closing Date, this First Incremental Agreement shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents (it being understood that for the avoidance of doubt this First Incremental Agreement may be amended or waived solely by the parties hereto as set forth in Section 15 above).

More Definitions of First Incremental Agreement

First Incremental Agreement. Incremental Agreement No. 1, dated as of August 13, 2015, among the Borrower, the Guarantors, the Administrative Agent, Bank of America, N.A. as an Incremental Term Loan Lender and the other Lenders party thereto.

First Incremental Agreement means that certain First Incremental Agreement, dated as of January 3, 2017, among the Administrative Agent, the U.S. Borrower, the other Loan Parties party thereto and the initial lenders party thereto.

First Incremental Agreement means the First Incremental Amendment and Joinder Agreement dated as of April 2, 2014 among the Borrower, the Tranche B-1 Lenders identified therein, the other Lenders identified therein and the Administrative Agent. “First Incremental Revolving Commitment” means the New Revolving Commitments as defined in the First Incremental Agreement. “Tranche B-1 Commitment” means, for each Tranche B-1 Lender, the amount as defined therefor in the First Incremental Agreement. “Tranche B-1 Funding Date” means the date on which the Tranche B-1 Loans are made (if at all) pursuant to the First Incremental Agreement. “Tranche B-1 Lender” means the “Tranche B-1 Lenders” identified in and party to the First Incremental Agreement. “Tranche B-1 Loan” has the meaning set forth in Section 2.01. For the avoidance of doubt, the “Applicable Margin” and “Maturity Date” for each Tranche B-1 Loan shall be as provided for all Term Loans in the Credit Agreement as in effect on the date hereof.