Incremental Revolving Facility Amendment definition

Incremental Revolving Facility Amendment has the meaning assigned to such term in Section 2.20(b).

Incremental Revolving Facility Amendment means an amendment to this Agreement executed by (a) Holdings, the Lead Borrower and, if the initial Canadian Commitment is being increased pursuant to Section 2.22, the Canadian Borrower, (b) solely to the extent adversely affecting the rights and interests of the Administrative Agent, the Administrative Agent and (c) each Lender that agrees to provide all or any portion of such Incremental Revolving Facility being incurred pursuant thereto and in accordance with Section 2.22.

Incremental Revolving Facility Amendment the meaning set forth in Section 2.25(b)(ii).

Examples of Incremental Revolving Facility Amendment in a sentence

• An Incremental Revolving Facility Amendment may, without the consent of any other Lenders, effect such amendments to any Loan Documents as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent, to effect the provisions of this Section.

• The Administrative Agent shall promptly notify each Lender as to the effectiveness of each Term Commitment Increase and Revolving Commitment Increase and shall make available to the Lenders a copy of any each Incremental Term Facility Amendment and Incremental Revolving Facility Amendment.

• For the avoidance of doubt, following the establishment of Additional European Incremental Revolving Facility, the delivery of the European Borrowing Base Certificate shall be governed by the terms of the applicable Incremental Revolving Facility Amendment (including any amendments to this Agreement in connection therewith and as contemplated by Section 2.22).

• An Incremental Revolving Facility Amendment may, without the consent of any other Lenders, effect such amendments to any Loan Documents as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent, to effect the provisions of this Section (including to provide for the issuance of letters of credit and swingline loans thereunder and to provide for the treatment of defaulting lenders).

• The Incremental Revolving Facility Amendment may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Financing Documents as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent, to effect the provisions of this Section 2.21.

• An Incremental Revolving Facility Amendment may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent and the Borrower, to effect the provisions of this Section 2.25.

• Commitments in respect of any Incremental Revolving Commitment shall become Revolving Commitments (or in the case of any Incremental Revolving Commitment to be provided by an existing Revolving Lender, an increase in such Revolving Lender’s Revolving Commitment) under this Agreement pursuant to an Incremental Revolving Facility Amendment executed by the Borrower, each Revolving Lender agreeing to provide such Commitment, if any, each Additional Revolving Lender, if any, and the Administrative Agent.

• An Incremental Revolving Facility Amendment may, without the consent of any other Lenders, effect such amendments to any Loan Documents as may be necessary or appropriate, in the sole discretion of the Administrative Agent, to effect the provisions of this Section (including to provide for voting provisions applicable to the Additional Revolving Lenders comparable to the provisions of clause (B) of the second proviso of Section 9.02(b)).

• For the avoidance of doubt, following the establishment of Additional European Incremental Revolving Facility, the delivery of the European Borrowing Base Certificate shall be governed by the #94513555v35 terms of the applicable Incremental Revolving Facility Amendment (including any amendments to this Agreement in connection therewith and as contemplated by Section 2.22).

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More Definitions of Incremental Revolving Facility Amendment

Incremental Revolving Facility Amendment means an amendment to this Agreement executed by (a) Holdings and the Borrowers, (b) if the Additional European Incremental Revolving Facility is being incurred pursuant to Section 2.22(c) under such Incremental Revolving Facility, (i) each Additional European Borrower, (ii) each Additional European Facility Guarantor and (iii) the Administrative Agent, (c) if any other Incremental Revolving Facility is being incurred pursuant to Section 2.22, then solely to the extent such Incremental Revolving Facility Amendment is adversely affecting the rights and interests of the Administrative Agent, the Administrative Agent and (d) each Lender that agrees to provide all or any portion of such Incremental Revolving Facility being incurred pursuant thereto and in accordance with Section 2.22.

Incremental Revolving Facility Amendment has the meaning assigned to such term in Section 2.20(b)(ii) and, for the avoidance of doubt, shall include Amendment No. 3.

Incremental Revolving Facility Amendment means, that certain Incremental Revolving Facility Amendment to Credit Agreement dated as of April 13, 2018 among the Borrowers, the Administrative Agent and the Revolving Lenders party thereto.

Incremental Revolving Facility Amendment has the meaning assigned to such term in Section 2.18(b)(ii). “Incremental Revolving Facility Closing Date” has the meaning assigned to such term in Section 2.18(b)(ii). “Incremental Term Commitment” means the commitment of the Additional Term Lenders to make Incremental Term Loans pursuant to Section 2.18. “Incremental Term Facility” has the meaning assigned to such term in Section 2.18(a)(ii). “Incremental Term Facility Amendment” has the meaning assigned to such term in Section 2.18(b)(iii). “Incremental Term Facility Closing Date” has the meaning assigned to such term in Section 2.18(b)(iii). “Incremental Term Loans” means term loans established pursuant to Section 2.18(b). “Indebtedness” of any Person means, without duplication, (a) all obligations of such Person for borrowed money, (b) all obligations of such Person evidenced by bonds, debentures, notes or similar instruments, (c) all obligations of such Person under conditional sale or other title retention agreements relating to property acquired by such Person, (d) all obligations of such Person in respect of the deferred purchase price of property or services, (e) all Indebtedness of others secured by (or for which the holder of such Indebtedness has an existing right, contingent or otherwise, to be secured by) any Lien on property owned or acquired by such Person, whether or not the Indebtedness secured thereby has been assumed, (f) all Guarantees by such Person of Indebtedness of others, (g) all Capital Lease Obligations of such Person, (h) all obligations, contingent or otherwise, of such Person as an account party in respect of letters of credit and letters of guaranty and (i) all obligations, contingent or otherwise, of such Person in respect of bankers’ acceptances; provided that the term “Indebtedness” shall not include (A) deferred or prepaid revenue, (B) purchase price holdbacks in respect of a portion of the purchase price of an asset to satisfy warranty or other unperformed obligations of the seller, (C) trade and other ordinary-course payables, accrued expenses, and intercompany liabilities arising in the ordinary course of business or consistent with past practice or industry norm, (D) purchase price holdbacks arising in the ordinary course of business or consistent with past practice or industry norm in respect of a portion of the purchase prices of an asset to satisfy unperformed obligations of the seller of such asset, (E) earn-out obligations until such obligations become a liabi...

Incremental Revolving Facility Amendment has the meaning specified therefor in Section 2.2(b)(ii) of the Agreement.

Incremental Revolving Facility Amendment means any amendment to this Agreement pursuant to which Incremental Revolving Facility Commitments are established pursuant to Section 2.01(f).