Incremental Commitment Amendment definition

Incremental Commitment Amendment as defined in Subsection 2.8(d).

Incremental Commitment Amendment has the meaning assigned to such term in Section 2.24(d).

Incremental Commitment Amendment has the meaning specified in Section 2.11 of this Agreement.

Examples of Incremental Commitment Amendment in a sentence

• An Incremental Commitment Amendment may, without the consent of any Lenders, effect such amendments to any Loan Documents as may be necessary or appropriate, in the opinion of the Administrative Agent, to effect the provisions of this Section (including incorporating the Incremental Term Loans and Incremental Commitments into the calculation of “Required Lenders” and related provisions).

• The Company shall have paid or made arrangements to pay contemporaneously with the effectiveness of the Incremental Commitment Amendment all fees and expenses required to be paid in connection therewith (including all reasonable fees, charges and disbursements of counsel to the Administrative Agent (directly to such counsel if requested by the Administrative Agent)).

• Each of the parties hereto hereby agrees that, upon the effectiveness of any Incremental Commitment Amendment, this Agreement and any other Loan Document shall be deemed amended to the extent (but only to the extent) necessary to reflect the existence and terms of the Incremental Commitments evidenced thereby.

• The Administrative Agent shall promptly notify each Lender as to the effectiveness of each Incremental Commitment Amendment.

• Except as set forth in this Agreement and any related Incremental Commitment Amendment entered into in connection herewith, the Incremental Facility Increase effectuated hereunder shall otherwise be subject to the provisions of the Credit Agreement and the other Loan Documents.

• This Amendment shall constitute the request of the Borrower and the Incremental Commitment Amendment contemplated by Section 2.5 of the Amended Credit Agreement.

• The Borrower shall have paid or made arrangements to pay contemporaneously with the effectiveness of the Incremental Commitment Amendment all fees and expenses required to be paid in connection therewith (including all fees, charges and disbursements of counsel to the Administrative Agent (directly to such counsel if requested by the Administrative Agent)).

• Any Incremental Commitment Amendment may, without the consent of any Lenders other than the Lenders providing the Commitment Increases, effect the applicable changes to the amount and percentages of the Revolving Commitments of the Lenders, including any new Lender added through a joinder agreement in accordance with clause (b) of this Section 2.11.

• Any Incremental Commitment Amendment shall not effectuate any other amendments without the consent of the applicable Lenders in accordance with Section 16.2. On each Increase Effective Date, each applicable Lender, Eligible Assignee or other Person which is providing a portion of the applicable Commitment Increase shall become a “Lender” for all purposes of this Agreement and the other Loan Documents.

• An Incremental Commitment Amendment may, without the consent of any other Lenders, effect such amendments to any Loan Documents as may be necessary or appropriate, in the opinion of the Administrative Agent, to effect the provisions of this Section (including incorporating the Incremental Loans and Incremental Commitments into the calculation of “Required Lenders” and related provisions).

More Definitions of Incremental Commitment Amendment

Incremental Commitment Amendment has the meaning specified in Section 2.14(d). “Incremental Commitments” has the meaning specified in Section 2.14(a). “Incremental Loans” has the meaning specified in Section 2.14(d).

Incremental Commitment Amendment as defined in Subsection 2.8(d). “Incremental Commitments”: as defined in Subsection 2.8(a). “Incremental Indebtedness”: Indebtedness Incurred by the Borrower pursuant to and in accordance with Subsection 2.8. “Incremental Lenders”: as defined in Subsection 2.8(b). “Incremental Loans”: as defined in Subsection 2.8(d). “Incremental Term Loan”: any Incremental Loan made pursuant to an Incremental Term Loan Commitment. “Incremental Term Loan Commitments”: as defined in Subsection 2.8(a). “Incur”: issue, assume, enter into any Guarantee of, incur or otherwise become liable for; and the terms “Incurs”, “Incurred” and “Incurrence” shall have a correlative meaning; provided that any Indebtedness or Capital Stock of a Person existing at the time such Person becomes a Subsidiary (whether by merger, consolidation, acquisition or otherwise) shall be deemed to be Incurred by such Subsidiary at the time it becomes a Subsidiary. Accrual of interest, the accretion of accreted value, the payment of interest in the form of additional Indebtedness, and the payment of dividends on Capital Stock constituting Indebtedness in the

Incremental Commitment Amendment has the meaning specified in Section 2.5(e)(ii). “Incremental Facility” and “Incremental Facilities” have the meanings specified in Section 2.5(a). “Incremental Facility Increase” has the meaning specified in Section 2.5(a). “Incremental Indebtedness” means any Indebtedness incurred by any Borrower pursuant to and in accordance with Section 2.5. “Incremental Revolving Commitment Effective Date” has the meaning specified in Section 2.5(e)(i). “Incremental Revolving Commitments” has the meaning specified in Section 2.5(a). “Indebtedness” means, without duplication, (a) all indebtedness for borrowed money or the deferred purchase price of property, excluding trade payables and the endorsement of checks and other similar instruments in the ordinary course of business; i) all obligations and liabilities of any other Person secured by any Lien on an Obligor’s or any of its Subsidiaries’ property, even if such Obligor or Subsidiary shall not have assumed or become liable for the payment thereof (the amount of such obligation being deemed to be the lesser of the value of such property (as determined in good faith by the Company) or the amount of the obligation so secured); i) all obligations or liabilities created or arising under any Capital Lease; i) all indebtedness created or arising under any conditional sale or other title retention agreement with respect to property acquired by such Person (even if the rights and remedies of the seller or lender under such agreement in the event of default are limited to repossession or sale of such property), but excluding trade accounts payable arising in the ordinary course of business; i) all obligations of such Person for the reimbursement of any obligor on any letter of credit, banker’s acceptance or similar credit transaction; i) all net obligations of such Person in respect of Hedge Agreements; and i) all obligations and liabilities under Guarantees in respect of obligations of the type described in any of clauses (a) through (f) above. “Indemnified Liabilities” has the meaning specified in Section 14.10. “Indemnified Person” has the meaning specified in Section 14.10. “Indemnified Taxes” means (a) all Taxes other than Excluded Taxes and (a) to the extent not otherwise described in clause (a), Other Taxes. “Instruments” means all instruments as such term is defined in Article 9 of the UCC or as is defined in the PPSA, as applicable, now owned or hereafter acquired by any Borrower, any Guarantor or any of their Subsi...