Examples of Incremental Commitment Requirements in a sentence

The effective date of this Agreement shall be the date on which (i) the parties hereto have executed a counterpart of this Agreement and delivered same to the Administrative Agent at the Notice Office, (ii) all fees required to be paid in connection herewith have been paid and (iii) the Incremental Commitment Requirements and all other conditions set forth in the Credit Agreement (including Section 1.15 thereof), which date shall be no later than June 30, 2004.

More Definitions of Incremental Commitment Requirements

Incremental Commitment Requirements means, with respect to any provision of an Incremental Commitment on an Incremental Commitment Date, the satisfaction of each of the following conditions on or prior to such Incremental Commitment Date:

Incremental Commitment Requirements means, with respect to the provision of any Incremental Facility, the satisfaction of each of the following conditions on any such date: (i) no Default or Event of Default then exists or would result therefrom; (ii) all of the representations and warranties contained herein and in the other Loan Documents are true and correct in all material respects at such time (it being understood that (x) any representation and warranty that is qualified by materiality or Material Adverse Effect shall be required to be true and correct in all respects and (y) any representation and warranty which by its terms is made as of a specified date shall be required to be true and correct in all material respects (or all respects, as the case may be) as of such earlier date); (iii) the delivery by the Lead Borrower to the Administrative Agent on or prior to such date of an officer’s certificate executed by a Responsible Officer of the Lead Borrower and (x) certifying as to compliance with preceding clauses (i) and (ii) and (y) designating as to whether the respective Incremental Facility is to be incurred under clause (a) and/or clause (b), as applicable, of the definition of “Maximum Incremental Amount”; (iv) to the extent reasonably requested by the Administrative Agent, the delivery by the Lead Borrower to the Administrative Agent of an opinion or opinions, in form and substance reasonably satisfactory to the Administrative Agent, from counsel to the Loan Parties dated such date, covering such of the matters set forth in the opinions of counsel delivered to the Administrative Agent on the Closing Date pursuant to Section 4.02(a); and (v) the delivery by the Lead Borrower to the Administrative Agent of such officers’ certificates (including solvency certificates), board of director resolutions, reaffirmation agreements, supplements or amendments to the Security Documents (to the extent applicable) and evidence of good standing as the Administrative Agent shall reasonably request.

Incremental Commitment Requirements means with respect to any provision of an Incremental Commitment on a given Incremental Commitment Date, the satisfaction of each of the following conditions on or prior to the effective date of the respective Incremental Commitment Agreement: (t) no Default or Event of Default then exists or would result therefrom (for purposes of such determination, assuming the relevant Loans in an aggregate principal amount equal to the full amount of Incremental Commitments then provided had been incurred, and the proposed Permitted Acquisition (if any) to be financed with the proceeds of such Loans had been consummated, on such date of effectiveness) and all of the representations and warranties contained herein and in the other Credit Documents are true and correct in all material respects at such time (unless stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); (u) the Borrower and its Subsidiaries shall have delivered such amendments, modifications and/or supplements to the Security Documents as are necessary, or in the reasonable opinion of the Administrative Agent desirable, to insure that the additional obligations are secured by, and entitled to the benefits of, the Security Documents; (v) the delivery by the Borrower to Administrative Agent of an officer’s certificate executed by the chief financial officer of the Borrower and certifying as to compliance with preceding clause (u); (w) the delivery by the Borrower to Administrative Agent of an acknowledgement in form and substance reasonable satisfactory to Administrative Agent and executed by each Subsidiary Guarantor, acknowledging that such Incremental Commitment and all Loans subsequently incurred pursuant to such Incremental Commitment shall constitute (and be included in the definition of) “Guaranteed Obligations”; (x) the delivery by the Borrower to Administrative Agent of an opinion or opinions, in form and substance reasonably satisfactory to Administrative Agent, from counsel to the Credit Parties reasonably satisfactory to Administrative Agent and dated such date, covering such of the matters set forth in the opinions of counsel delivered to Administrative Agent on the Amendment No. 3 Effective Date as may be reasonably requested by Administrative Agent, and such other matters incident to the transactions contemplated thereby as Administrative Agent may reasonably request, (y) the d...

Incremental Commitment Requirements means, with respect to any request for an Incremental Commitment made pursuant to Section 1.14 or Section 1.15 or any provision of an Incremental Commitment on a given Incremental Commitment Date, the satisfaction of each of the following conditions: no Default or Event of Default then exists or would result from the incurrence of Loans pursuant to an Incremental Commitment (for purposes of such determination, assuming the relevant Loans in an aggregate principal amount equal to the full amount of Incremental Commitments then requested or provided had been incurred, and the proposed Permitted Acquisition (if any) to be financed with the proceeds of such Loans had been consummated, on such date of request or Incremental Commitment Date, as the case may be).

Incremental Commitment Requirements means, with respect to the provision of any Incremental Facility, the satisfaction of each of the following conditions on any such date: (i) no Default or Event of Default then exists or would result therefrom (or, in the case of an Incremental Facility the proceeds of which will be utilized to consummate an acquisition permitted hereunder (including a Permitted Acquisition) of all or substantially all of the assets (including line of business or divisions) or a majority of the Equity Interests (other than directors’ qualifying shares) of a Person, (x) no Default or Event of Default shall exist at the time of entering into the definitive purchase (or similar) documentation in respect of such acquisition and (y) no Default or Event of Default under Sections 7.01(b), (c), (g) or (h) shall have occurred and be continuing at the time of incurrence of such Incremental Facility or immediately after giving effect thereto and such incurrence shall be subject to customary “certain funds” provisions, if otherwise agreed by the Lenders providing such Incremental Facility); (ii) all of the representations and warranties contained herein and in the other Loan Documents (or, in the case of an Incremental Facility the proceeds of which will be utilized to consummate an acquisition permitted hereunder (including a Permitted Acquisition) of all or substantially all of the assets (including line of business or divisions) or a majority of the Equity Interests (other than directors’ qualifying shares) of a Person, only customary “specified representations” and such of the representations and warranties made by or on behalf of the applicable acquired company or business in the applicable acquisition agreement as are material to the interests of the Lenders, but only to the extent that the Borrowers or any Affiliate of the Borrowers has the right (determined without regard to any notice provision) to terminate the obligations of the Borrowers or such Affiliate under such acquisition agreement or not consummate such acquisition as a result of a breach of such representations or warranties in such acquisition agreement warranties) are true and correct in all material respects at such time (it being understood that(x) any representation and warranty that is qualified by materiality or Material Adverse Effect shall be required to be true and correct in all respects and(y) any representation and warranty which by its terms is made as of a specified date shall be required to be true ...

Incremental Commitment Requirements definition

Filter & Search

Related Definitions