Incremental Commitment Effective Date definition

Incremental Commitment Effective Date has the meaning specified in Section 2.17(c).

Incremental Commitment Effective Date means any Business Day designated as such in an Incremental Commitment Activation Notice or, if later, the first date on which each condition set forth in Section 4.03 shall have been satisfied or waived with respect to the Commitment Increase set forth therein.

Incremental Commitment Effective Date as defined in Subsection 2.6(d).

Examples of Incremental Commitment Effective Date in a sentence

• The Incremental Commitments under such Incremental Facility shall automatically and permanently terminate on the applicable Incremental Commitment Effective Date upon the funding of the Loans under such Incremental Facility.

• The deemed payments of the Initial Borrowings made pursuant to clause (A) above shall be subject to compensation by the Borrower pursuant to the provisions of Section 2.15 if the Incremental Commitment Effective Date occurs other than on the last day of the Interest Period relating thereto.

• As of such Incremental Commitment Effective Date, upon the Administrative Agent’s receipt of the documents required by this paragraph (d), the Administrative Agent shall record the information contained in the applicable Joinder Agreement(s) in the Register and give prompt notice of the increase in the Commitments to the Borrower and the Lenders (including each Incremental Lender).

• Upon the effectiveness of the amendments set forth herein, on and after the Incremental Commitment Effective Date, each reference in the Credit Agreement to “this Agreement,” “the Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement,” “thereunder,” “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended hereby.

• Subject to the terms and conditions set forth herein and in the applicable Joinder Agreement with respect to the applicable Incremental Facility, each Incremental Lender under the applicable Incremental Facility severally agrees to make a Loan to the Borrower on such applicable Incremental Commitment Effective Date in an aggregate principal amount equal to such Incremental Lender’s Incremental Commitment under such Incremental Facility.

More Definitions of Incremental Commitment Effective Date

Incremental Commitment Effective Date has the meaning set forth in Section 2.08(e). “Incremental Lender” has the meaning set forth in Section 2.08(e). “Indemnified Liabilities” has the meaning set forth in Section 11.05. “Indemnified Taxes” has the meaning set forth in Section 3.01(a). “Indemnitee” has the meaning set forth in Section 11.05. “Independent Appraisal” means a document executed by an Independent Appraiser setting forth the Appraised Value of the item of equipment being appraised and the data and explanation, all in reasonable detail, supporting such Appraised Value. “Independent Appraiser” means RailSolutions, Inc., or, in substitution of the foregoing appraiser, any independent railcar appraisal expert of recognized standing selected by the Agent, with the consent of the Required Lenders, in consultation with, and reasonably satisfactory to, the Borrower; provided that no such consultations with, or satisfaction of, the Borrower shall be 747656567 17557858 33 Fifth Amended and Restated Warehouse Loan Agreement

Incremental Commitment Effective Date has the meaning set forth in Section 2.08(e). “Incremental Lender” has the meaning set forth in Section 2.08(e). “Indemnified Liabilities” has the meaning set forth in Section 11.05. “Indemnified Taxes” has the meaning set forth in Section 3.01(a). “Indemnitee” has the meaning set forth in Section 11.05. “Independent Appraisal” means a document executed by an Independent Appraiser setting forth the Appraised Value of the item of equipment being appraised and the data and explanation, all in reasonable detail, supporting such Appraised Value. “Independent Appraiser” means RailSolutions, Inc., or, in substitution of the foregoing appraiser, any independent railcar appraisal expert of recognized standing selected by the Agent, with the consent of the Required Lenders, in consultation with, and reasonably satisfactory to, the Borrower; provided that no such consultations with, or satisfaction of, the Borrower shall be required so long as a Default, a Manager Event of Default or an Event of Default shall have occurred and be continuing. “Industry” means any industry listed in column I of Schedule A hereto. “Industry Concentration Percentage” means, with respect to an Industry Group, the percentages listed in column II of Schedule A hereto that correspond to the Industry of such Industry Group. “Industry Group” means Railcars that operate primarily in a particular Industry (as certified by each Facility Party in each Borrowing Base Certificate). “Insolvency Event” means any condition or event set forth in Section 9.01(g). “Insurance Management Agreement” means the Second Amended and Restated Insurance Management Agreement, substantially in the form of Exhibit I hereto, dated as of May 29, 2009, between the Borrower and the Manager. “Interchange Rules” means the interchange rules and supplements thereto promulgated by the A.A.R., as in effect from time to time. “Interest Period” means (i) initially, the period from the Amendment Closing Date to the first Calculation Date following the Amendment Closing Date, and (ii) thereafter, the period from

Incremental Commitment Effective Date has the meaning specified in SECTION 2.25(e). “Incremental Lender” has the meaning specified in SECTION 2.25(d).

Incremental Commitment Effective Date is hereby deleted in its entirety. 4144-3865-5053.5

Incremental Commitment Effective Date means (i) in the case of an Incremental Commitment in respect of Incremental Term Loans of a given Tranche, the Incremental Term Loan Borrowing Date for such Tranche and (ii) in the case of Incremental Commitments under the CL Letter of Credit Tranche or the Revolving Loan Tranche, the date the related increase became effective as specified in the relevant Incremental Commitment Agreement.

Incremental Commitment Effective Date means the date after the First Amendment Effective Date on which the last of the conditions set forth in subsections 4.2A through 4.2K and subsection 4.2M shall have been satisfied pursuant to clause (iii) of the last paragraph of subsection 4.2.

Incremental Commitment Effective Date means the date on which Borrowers shall have delivered the documents (in form and substance satisfactory to each Agent in its sole discretion) required to be delivered under clause (a) of the second sentence of subsection 6.16.