Incremental Term A-1 Lender definition

Incremental Term A-1 Lender means a Person with an Incremental Term A-1 Commitment to make Incremental Term A-1 Loans to the Borrower on the Amendment No. 7 Effective Date.

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Incremental Term A-1 Lender has the meaning assigned to such term in the Fifth Amendment.

Incremental Term A-1 Lender has the meaning assigned to such term in the Fifth Amendment. “Incremental Term A-1 Loans” has the meaning assigned to such term in the Fifth Amendment. “Incremental Term B Facility” means an Incremental Term Facility other than an Incremental Term A Facility. “Incremental Term Facility” has the meaning assigned to such term in Section 2.17(a). “Incremental Term Increase” has the meaning assigned to such term in Section 2.17(a). “Incremental Term Loan Commitment” means any term loan commitment under an Incremental Term Facility. “Incremental Term Loans” means any term loans made under an Incremental Term Facility. “Indebtedness” means, as to any Person at a particular time, without duplication, all of the following, whether or not included as indebtedness or liabilities in accordance with GAAP: (a) all obligations of such Person for borrowed money and all obligations of such Person evidenced by bonds, debentures, notes, loan agreements or other similar instruments; (b) all direct or contingent obligations of such Person arising under letters of credit, bankers’ acceptances, bank guaranties, surety bonds and similar instruments; (c) net obligations of such Person under any Swap Contract; (d) all obligations of such Person to pay the deferred purchase price of property or services (other than (i) trade accounts payable in the ordinary course of business and, in each case, maturing within 365 days after the incurrence thereof which are not overdue for a period of more than 180 days and, if overdue for more than 180 days, as to which a dispute exists and adequate reserves in accordance with GAAP have been established on the books of such Person and (ii) deferred compensation payable to directors, officers or employees); provided, that in no event shall Specified Earnout Obligations be considered Indebtedness; (e) indebtedness (excluding prepaid interest thereon) secured by a Lien on property owned or being purchased by such Person (including indebtedness arising under conditional sales or other title retention agreements), whether or not such indebtedness shall have been assumed by such Person (but limited, in the event that such Indebtedness has not been assumed by such - 32-

Examples of Incremental Term A-1 Lender in a sentence

The aggregate amount of the Term A-1 Commitments as of the Fifth Amendment Effective Date is $900,000,000 and (x) the Additional Term A-1 Commitment of each Additional Term A-1 Lender as of the Fifth Amendment Effective Date is set forth on Schedule I to the Fifth Amendment and (y) the Incremental Term A-1 Commitment of each Incremental Term A-1 Lender as of the Fifth Amendment Effective Date is set forth on Schedule I to the Fifth Amendment.
Subject to paragraph 1(c) below, each Incremental Term A-1 Lender party to this Incremental Amendment (Term A-1 Loan) hereby severally agrees to provide the new Term A-1 Commitment set forth opposite its name on the Incremental Term A-1 Facility Schedule and notified to it by the Administrative Agent (for each such Incremental Term A-1 Lender, its “Incremental Term A-1 Facility Commitment”), with each such Incremental Term A-1 Facility Commitment to be effective as of the Incremental Effective Date.
The Incremental Term A-1 Loan Commitment of each Incremental Term A-1 Lender and the Applicable Percentage of the portion of the Incremental Term A-1 Loan for each Incremental Term A-1 Lender shall be as set forth on Schedule 2.01 attached hereto.
The Incremental Term A-1 Loan shall be made as an ABR Loan unless the Borrower shall have given the Administrative Agent (who shall promptly notify each Incremental Term A-1 Lender) an irrevocable Notice of Borrowing not later than 12:00 Noon at least three U.S. Government Securities Business Days prior to the Third Amendment Effective Date requesting that such Incremental Term A-1 Loan be made as a SOFR Loan.
The parties hereby agree that on the Funding Date (as defined below), and notwithstanding anything to the contrary contained in the Credit Agreement, (1) the Term A-1 Facility shall increase by the Incremental Term A-1 Facility effected hereby, (2) each Incremental Term A-1 Lender shall become a Term A-1 Lender and (3) there shall be an automatic adjustment to the Applicable Percentage in respect of the Term A-1 Facility of each Term A-1 Lender resulting from the Incremental Term A-1 Facility.
The Administrative Agent shall have received a Consent substantially in the form of Exhibit A to this Amendment, duly executed by (i) each Existing Incremental Term B-1 Lender (excluding any Assigning Lender (as defined below)), (ii) each Incremental Term A-1 Lender and (iii) each Revolving Lender, in each case, by the Consent Deadline.
Not later than 1:00 p.m. on the Third Amendment Effective Date, each Incremental Term A-1 Lender will make available to the Administrative Agent for the account of the Borrower, at the Funding Office in immediately available funds, the amount of such Incremental Term A-1 Loan to be made by such Incremental Term A-1 Lender on the Third Amendment Effective Date.

More Definitions of Incremental Term A-1 Lender

Incremental Term A-1 Lender means each Lender listed on Schedule 1 to Amendment No. 4 and each Person that assumes an Incremental Term A-1 Commitment or Incremental Term A-1 Loan pursuant to Section 9.04.