Third Amendment Incremental Term Loans definition

Third Amendment Incremental Term Loans has the meaning provided in the Third Amendment.
Third Amendment Incremental Term Loans means the term loans made by the Lenders on the Third Amendment Effective Date to the Borrower pursuant to Section 2.1(a)(iii), it being understood that except as set forth in the Third Amendment and in this Agreement, the Third Amendment Incremental Term Loans, shall have identical terms as the Initial Term Loans and the First Amendment Incremental Term Loans and shall otherwise be subject to the provisions, including any provisions restricting the rights, or regarding the obligations, of the Loan Parties or any provisions regarding the rights of the Lenders, of this Agreement and the other Loan Documents.
Third Amendment Incremental Term Loans has the meaning set forth in Section 2.01(d), but excludes (for the avoidance of doubt) any such Third Amendment Incremental Term Loans that are converted into Initial Term Loans pursuant to Section 2.01(d).

Examples of Third Amendment Incremental Term Loans in a sentence

  • The aggregate principal amount of the Third Amendment Incremental Term Loans made on the Third Amendment Effective Date was $175,000,000.

  • Holdings, the Borrower, the Administrative Agent, the Consenting Lenders, constituting the Required Lenders, and the Third Amendment Incremental Term Loan Lenders have agreed, upon the terms and subject to the conditions set forth herein, to give effect to the Third Amendment Incremental Term Loans and consent to amend the Credit Agreement as set forth herein.

  • For greater certainty and without limiting the foregoing, each Loan Party hereby confirms that the existing security interests granted by such Loan Party in favor of the Secured Parties pursuant to the Loan Documents in the Collateral described therein shall continue to secure the obligations of the Loan Parties, including the Third Amendment Incremental Term Loans, under the Amended Credit Agreement and the other Loan Documents as and to the extent provided in the Loan Documents.

  • No Event of Default under Section 7.01(a), 7.01(f) or 7.01(g) of the Credit Agreement shall have occurred and be continuing at the time of, or immediately after giving effect to, the funding of the Third Amendment Incremental Term Loans on the Third Amendment Closing Date.

  • Amounts paid or prepaid in respect of the Third Amendment Incremental Term Loans may not be reborrowed.

  • The proceeds of the Third Amendment Incremental Term Loans and the Third Amendment Incremental Revolving Credit Loans made on the Third Amendment Effective Date shall be used to finance a portion of the acquisition of certain assets of Halifax Media Group, including to pay the consideration for such acquisition and expenses incurred in connection with such acquisition.

  • The Administrative Agent (or its counsel) shall have received from the Borrower, a Borrowing Request in respect of the Third Amendment Incremental Term Loans in accordance with Sections 2.03, 2.21(d) and 2.21(h) of the Credit Agreement not later than 12:00 p.m., New York City time, one (1) Business Day before the Third Amendment Closing Date (or such later time as the Administrative Agent may agree).

  • Use the proceeds of the Third Amendment Incremental Term Loans (i) to pay fees, commissions and expenses, including any upfront fees, in connection with the Third Amendment and the Third Amendment Incremental Term Loans, (ii) to consummate all or any portion of the Permitted Share Buyback pursuant to Section 7.04(h) and (iii) for other general corporate purposes not in contravention of any Law or any Loan Document.

  • The Applicable Margin with respect to the Third Amendment Incremental Term Loans shall be 3.75% per annum in the case of Eurodollar Loans and 2.75% per annum in the case of ABR Loans.

  • Except as expressly set forth in this Amendment, the Third Amendment Incremental Term Loans shall be treated the same as the Existing Term Loans and shall be governed by the terms and conditions of the Credit Agreement and the other Loan Documents.


More Definitions of Third Amendment Incremental Term Loans

Third Amendment Incremental Term Loans means Incremental Term Loans implemented pursuant to the Third Amendment. “Total Leverage Ratio” means the ratio as of the last day of any Fiscal Quarter of (i) Consolidated Total Debt (net of Qualified Cash) as of such day to (ii) Consolidated Adjusted EBITDA for the four Fiscal Quarter period ending on such date. “Trademark Security Agreement” shall mean that Trademark Security Agreement, dated as of the date hereof, among the Loan Parties party thereto and the Collateral Agent. “Transaction” means, collectively, the execution, delivery and performance by each Loan Party of the Loan Documents to which it is a party, the incurrence of Loans on the Borrowing Date and the use of proceeds thereof and the payment of all fees and expenses in connection with the foregoing. “Type” means, when used in respect of any Loan or Borrowing, the Rate by reference to which interest on such Loan or on the Loans comprising such Borrowing is determined. For purposes hereof, the term “Rate” shall be either the Adjusted Eurodollar Rate or the Base Rate. “UCC” means the Uniform Commercial Code (or any similar or equivalent legislation) as in effect in any applicable jurisdiction. “United States” and “U.S.” each means the United States of America. “Unrestricted Subsidiary” means (i) any Subsidiary of the Borrower designated as such and listed on Schedule 1.02 on the initial Borrowing Date and (ii) any Subsidiary of the Borrower that is designated by a resolution of the board of directors of the Borrower as an Unrestricted Subsidiary, but only to the extent that, in the case of each of clauses (i) and (ii), such Subsidiary, except to the extent not otherwise prohibited under Article 7: (a) has no Indebtedness other than Non-Recourse Debt; (b) is not party to any agreement, contract, arrangement or understanding with Holdings or any Restricted Subsidiary unless the terms of any such agreement, contract, arrangement or understanding are no less favorable to Holdings or such Restricted Subsidiary than those that might be obtained at the time from Persons who are not Affiliates of Holdings or such Restricted Subsidiary; (c) is a Person with respect to which neither Holdings nor any Restricted Subsidiary has any direct or indirect obligation (x) to subscribe for additional Equity Interests or (y) to maintain or preserve such Person’s financial condition or to cause such Person to achieve any specified levels of operating results; and (d) does not guarantee or
Third Amendment Incremental Term Loans from the Persons set forth on Schedule I hereto (the “Initial Third Amendment Incremental Term Lenders”; the commitment of each Initial Third Amendment Incremental Term Lender to make a Third Amendment Incremental Term Loan being referred to as its “Third Amendment Incremental Term Commitment”) on the Third Amendment Closing Date, which Third Amendment Incremental Term Loans, except as set forth in Section 2.01(d) of the Credit Agreement (after giving effect to the amendment set forth in Section 3(s) hereof), will be established as a separate Class from the existing Class of Initial Term Loans outstanding immediately prior to the effectiveness of this Agreement (the “Existing Initial Term Loans”), and (ii) each Initial Third Amendment Incremental Term Lender is willing to make a Third Amendment Incremental Term Loan in the principal amount set forth opposite its name on Schedule I hereto on the terms and subject to the conditions set forth herein;
Third Amendment Incremental Term Loans from the Persons set forth on Schedule I hereto (the “Initial Third Amendment Incremental Term Lenders”; the commitment of each Initial Third Amendment Incremental Term Lender to make a Third Amendment Incremental Term Loan being referred to as its
Third Amendment Incremental Term Loans means the Incremental Term Loans provided pursuant to the Third Amendment. “Title IV Plan” means a pension plan subject to Title IV of ERISA, other than a Multiemployer Plan, to which any ERISA Affiliate incurs or otherwise has any obligation or liability, contingent or otherwise. “Trademarks” means all rights, title and interests (and all related IP Ancillary Rights) arising under any Requirement of Law in trademarks, trade names, corporate names, company names, business names, fictitious business names, trade styles, service marks, logos and other source or business identifiers and, in each case, all goodwill associated therewith, all registrations and recordations thereof and all applications in connection therewith. “Trade Secrets” means all right, title and interest (and all related IP Ancillary Rights) arising under any Requirement of Law in trade secrets. “Trailing EBITDA” means, as of any date of determination, LTM EBITDA of the Borrower and its Restricted Subsidiaries for the four consecutive Fiscal Quarters most recently ended prior to such date for which financial statements and corresponding Compliance Certificates have been delivered (or were required to have been delivered) pursuant to Section 6.1(b) or 6.1(c) (or, in the case of a determination date that occurs prior to the first such delivery pursuant to such Section, for the four consecutive fiscal quarters ended as of March 31, 2018). “Transaction Expenses” means any fees or expenses incurred or paid by Holdings or any of its Subsidiaries in connection with the Related Transactions, this Agreement and the other Loan Documents and the transactions contemplated hereby and thereby. “Transactions” means, collectively, (a) the Refinancing, (b) the funding of the Initial Term Loans on the Closing Date, (c) the funding of the Initial Revolving Borrowing on the Closing Date, (d) the consummation of any other transactions in connection with the foregoing and (e) the payment of the fees and expenses incurred in connection with any of the foregoing. “Transfer” has the meaning specified in Section 11.2(b). “Treasury Capital Stock” has the meaning specified in Section 8.5(k). “UCC” means the Uniform Commercial Code of any applicable jurisdiction and, if the applicable jurisdiction shall not have any Uniform Commercial Code, the Uniform Commercial Code as in effect in the State of New York. “United States” means the United States of America. “Unused Commitment Fee” has the meaning specified in Section ...
Third Amendment Incremental Term Loans means the Incremental Term Loans provided pursuant to the Third Amendment. “Test Period” means, as of any date, the period of four consecutive Fiscal Quarters then most recently ended for which consolidated financial statements of the U.S. Borrower have 61 [[5286738]]

Related to Third Amendment Incremental Term Loans

  • Incremental Term Loans has the meaning specified in Section 2.14(a).

  • Incremental Term Loan Amendment has the meaning assigned to such term in Section 2.20.

  • Incremental Term A Loans has the meaning specified in Section 2.14(a).

  • Incremental Term Loan Commitments has the meaning set forth in Section 2.24.

  • Incremental Term Facility has the meaning assigned to such term in Section 2.22(a).

  • Incremental Term Loan Commitment means the commitment of any Lender, established pursuant to the Credit Agreement, to make available certain term loans to one or more Borrowers.

  • Incremental Term Loan Facility has the meaning set forth in Section 2.16(a).

  • Incremental Term Lenders (a) on any Increased Facility Activation Date relating to Incremental Term Loans, the Lenders signatory to the relevant Increased Facility Activation Notice and (b) thereafter, each Lender that is a holder of an Incremental Term Loan.

  • Incremental Term Loan Lender shall have the meaning provided in Section 2.15(b).

  • Incremental Term Loan has the meaning set forth in Section 2.14(b).

  • Incremental Term Commitments has the meaning set forth in Section 2.14(a).

  • Incremental Term Loan Assumption Agreement means an Incremental Term Loan Assumption Agreement in form and substance reasonably satisfactory to the Administrative Agent, among the Borrower, the Administrative Agent and one or more Incremental Term Lenders.

  • Incremental Term Loan Amount means, at any time, the excess, if any, of (a) $25,000,000 over (b) the sum of (i) the aggregate increase in the Revolving Credit Commitments established at or prior to such time pursuant to Section 2.24 and (ii) the aggregate amount of all Incremental Term Loan Commitments established prior to such time pursuant to Section 2.25.

  • Incremental Term Loan Note means a promissory note made by the Borrower in favor of an Incremental Term Lender evidencing the Incremental Term Loans made by such Incremental Term Lender, and any amendments, supplements and modifications thereto, any substitutes therefor, and any replacements, restatements, renewals or extension thereof, in whole or in part.

  • Incremental Term Lender means a Lender with an Incremental Term Loan Commitment or an outstanding Incremental Term Loan.

  • Incremental Term Commitment means, with respect to any Lender, the commitment, if any, of such Lender, established pursuant an Incremental Facility Agreement and Section 2.21, to make Incremental Term Loans of any Series hereunder, expressed as an amount representing the maximum principal amount of the Incremental Term Loans of such Series to be made by such Lender.

  • Incremental Term Loan Borrowing Date means, with respect to each Class of Incremental Term Loans, each date on which Incremental Term Loans of such Class are incurred pursuant to Section 2.01(b) and as otherwise specified in any amendment providing for Incremental Term Loans in accordance with Section 2.22.

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

  • Incremental Revolving Increase has the meaning set forth in Section 2.16(a).

  • Incremental Commitment Agreement means each Incremental Commitment Agreement in substantially the form of Exhibit P (appropriately completed, and with such modifications as may be reasonably satisfactory to the Administrative Agent) executed and delivered in accordance with Section 2.15.

  • Incremental Increase has the meaning specified in Section 2.16(a).

  • Extended Term Loans has the meaning specified in Section 2.15(a).

  • Incremental Revolving Loans has the meaning assigned to such term in Section 2.22(a).

  • New Term Loan Commitments shall have the meaning provided in Section 2.14(a).

  • Incremental Revolving Commitment has the meaning assigned to such term in Section 2.14(a).