Incremental Term A-1 Loans definition

Incremental Term A-1 Loans means the Incremental Term Loans made by the Additional Term A-1 Lenders to the Borrower pursuant to Section 2.01(e)(y).

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Incremental Term A-1 Loans 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 Loans in a sentence

The Incremental Term A-1 Loans shall be considered an increase to (and part of) the Term A-1 Loans.
As provided in Section 2.5(a) and subject to the terms hereof, the Borrower may elect that the Incremental Term A-1 Loans comprising the Borrowing hereunder of Incremental Term A-1 Loans be either Base Rate Loans or Eurodollar Loans.
Pursuant to Section 2.17 of the Amended Credit Agreement, the Incremental Term A-1 Loans shall be Term A-1 Loans for all purposes under the Amended Credit Agreement and each of the other Loan Documents and shall have terms identical to the Term A-1 Loans under the Amended Credit Agreement other than with respect to upfront fees and customary arranger fees.
Notwithstanding anything to the contrary in this Agreement, paragraphs (a) and (b) of this Section 4.02 (and the preceding sentence) shall not apply in any respect to the Incremental Term A-1 Loans and the Incremental Term B-1 Loans made on the Restatement Effective Date.
Each Loan Party hereby acknowledges its receipt of a copy of this Restatement Agreement and its review of the terms and conditions hereof and consents to the terms and conditions of this Restatement Agreement and the transactions contemplated hereby, including the extension of credit in the form of the Incremental Term A-1 Loans and Incremental Term B-1 Loans.
No amortization payments shall be required with respect to the Incremental Term A-1 Loans.
The Incremental Term A-1 Commitments of the Incremental Term A-1 Lenders shall terminate upon funding of the Incremental Term A-1 Loans.
The parties hereto shall treat all of the Term A-1 Loans (whether such Loans are purchased for cash, are Converted Term A Loans or Incremental Term A-1 Loans) as one fungible tranche for U.S. federal and applicable state and local income tax purposes.
Borrower shall use the proceeds of the Incremental Term A-1 Loans to repay outstanding Revolving Loans and to pay fees and expenses in connection with the transactions contemplated by this Amendment.
Notwithstanding the foregoing, by their execution hereof, each of the Administrative Agent and the Lenders hereby agree that (i) subject to compliance with Section 6 of this Amendment, such failure to be in good standing shall not constitute a violation of the representations, warranties or covenants under the Credit Agreement and (ii) the Borrower may still borrow under the Credit Agreement (including, without limitation, the Incremental Term A-1 Loans).

More Definitions of Incremental Term A-1 Loans

Incremental Term A-1 Loans means Term A A -1 Loans made by one or more Lenders to the Borrower pursuant to Section 2.20.

Incremental Term A-1 Loans and together with the Refinancing Term A-1 Loans, the “Additional Term A-1 Loans”);

Incremental Term A-1 Loans has the meaning set forth in Section 2.5.3.