Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Commitments as determined by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitments. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, unless it so agrees.
Appears in 11 contracts
Sources: Credit Agreement (Avantor, Inc.), Credit Agreement (Avantor, Inc.), Credit Agreement (Signify Health, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Credit Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit CommitmentClass of Commitments), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Credit Documents, executed by the Borrowerapplicable Borrowers, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriateCredit Documents, to the extent (but only to the extent) necessary, in the reasonable opinion of the Administrative Agent and the Parent Borrower, to effect the provisions of this Section 2.14. The Borrower Borrowers will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, Credit Commitments unless it so agrees.
Appears in 9 contracts
Sources: Fifth Amended and Restated Credit Agreement (Iqvia Holdings Inc.), Credit Agreement (Iqvia Holdings Inc.), Credit Agreement (Iqvia Holdings Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Incremental Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14. In connection with any Incremental Amendment, the Borrower shall, if reasonably requested by the Administrative Agent, deliver customary reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Incremental Loans are provided with the benefit of the applicable Loan Documents. The Borrower will use the proceeds (if any) of the Incremental Term Loans and Incremental Revolving Loan Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans Commitments or Incremental Revolving Loan Commitments, Loans unless it so agrees.
Appears in 8 contracts
Sources: Credit Agreement (WideOpenWest, Inc.), Credit Agreement (WideOpenWest, Inc.), Credit Agreement (Ensemble Health Partners, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments Credit Commitment shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 8 contracts
Sources: Credit Agreement (Gates Industrial Corp PLC), Credit Agreement (Gates Industrial Corp PLC), First Lien Credit Agreement (Sterling Check Corp.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Loan Commitment), ) under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Notwithstanding anything in Section 12.2 to the contrary, the Incremental Amendment may, may (i) without the consent of any other Loan Party, the Administrative Agent or any Lender, 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 2.142.1(d) and (ii) without the consent of any other Loan Party or any Lender amend this Agreement to increase the interest rate margin, increase the interest rate floor, increase, extend or add any prepayment premium, increase, extend or add any call protection or increase the amortization schedule with respect to any existing Class of Term Loans in order to cause any Incremental Term Loans to be fungible with such existing Class of Term Loans. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Commitments as determined by the Borrower and the Lenders providing such applicable Incremental Term Loans and Incremental Revolving Loan Commitments. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, unless it so agreesLenders.
Appears in 4 contracts
Sources: Credit and Guaranty Agreement (RadNet, Inc.), First Lien Credit and Guaranty Agreement (RadNet, Inc.), First Lien Credit and Guaranty Agreement (RadNet, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment)Commitments, under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Term Lender providing such Incremental Term Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14. In connection with any Incremental Amendment, the Borrower shall, if reasonably requested by the Administrative Agent, deliver customary reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent to ensure that such Incremental Term Loans are provided with the benefit of the applicable Loan Documents. The Borrower will use the proceeds (if any) of the Incremental Term Loans and Incremental Revolving Loan Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans Commitments or Incremental Revolving Loan Commitments, Term Loans unless it so agrees.
Appears in 3 contracts
Sources: Super Priority Credit Agreement (WideOpenWest, Inc.), Super Priority Credit Agreement (WideOpenWest, Inc.), Credit Agreement (WideOpenWest, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitment Increases and Additional Revolving Commitments hereunder shall become Commitments (or in the case of an Incremental a Revolving Loan Commitment Increase to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Lead Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 Lead Borrower and the BorrowerAdministrative Agent, to effect the provisions of this Section 2.14. The Borrower Borrowers will use the proceeds of the Incremental Term Loans, Additional Revolving Loans and Incremental Revolving Loan Commitments Commitment Increases as determined by the Lead Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan CommitmentsCommitment Increases, subject to such use otherwise being permitted under the terms of this Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan CommitmentsCommitment Increases, unless it so agrees.
Appears in 3 contracts
Sources: Credit Agreement (Redwire Corp), Credit Agreement (Redwire Corp), Credit Agreement (Redwire Corp)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14, including amendments to Section 2.05(a)(ii) that are not adverse to the interests of the Lenders. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Commitments for working capital and other general corporate purposes, including the financing of Permitted Acquisitions and other Investments permitted hereby and any other use not prohibited by the Loan Documents, in each case as determined by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitments. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, unless it so agrees.
Appears in 3 contracts
Sources: Credit Agreement (Blucora, Inc.), Credit Agreement (Blucora, Inc.), Credit Agreement (Blucora, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments Credit Commitment shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Revolving Credit Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 3 contracts
Sources: Abl Credit Agreement (Prestige Consumer Healthcare Inc.), Abl Credit Agreement (Prestige Brands Holdings, Inc.), Abl Credit Agreement (Prestige Brands Holdings, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Incremental Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent Party or Lender, 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 2.14. The In connection with any Incremental Amendment, the Borrower will use shall, if reasonably requested by the proceeds Administrative Agent, delivery customary reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Incremental Loans are provided with the benefit of the Incremental Term Loans and Incremental Revolving applicable Loan Commitments as determined by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitments. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, unless it so agreesDocuments.
Appears in 3 contracts
Sources: Credit Agreement (Ashland Global Holdings Inc), Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Credit Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, any Loan Party organized under the laws of the United States, any state thereof, the District of Columbia or any territory thereof that may be designated as a borrower in respect thereof (if any), each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, effect such amendments to this Agreement (including Sections 2.14, 2.15 and 2.16 hereof) 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 2.142.13. The Borrower will may use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined by for general corporate purposes of the Borrower and the Lenders providing such Incremental Term Loans its Restricted Subsidiaries, including for Capital Expenditures, acquisitions, Restricted Payments, refinancing of Indebtedness and Incremental Revolving Loan Commitmentsany other transaction, in each case, not prohibited by this Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 2 contracts
Sources: Credit Agreement (WaterBridge Infrastructure LLC), Credit Agreement (WaterBridge Infrastructure LLC)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), ) under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Incremental Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14. In connection with any Incremental Amendment, the Borrower shall, if reasonably requested by the Administrative Agent, deliver customary reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Incremental Loans are provided with the benefit of the applicable Loan Documents. The Borrower will use the proceeds (if any) of the Incremental Term Loans and Incremental Revolving Loan Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans Commitments or Incremental Revolving Loan Commitments, Loans unless it so agrees.
Appears in 2 contracts
Sources: Credit Agreement (GreenSky, Inc.), Credit Agreement (GreenSky, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Credit Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 2 contracts
Sources: Credit Agreement (La Quinta Holdings Inc.), Credit Agreement (La Quinta Holdings Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Credit Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14, without the consent of any Lender. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments for working capital, general corporate purposes and any other purpose not prohibited by this Agreement, including Permitted Business Acquisitions, other Investments and dividends and other distributions on account of the capital stock of Holdings or any of its Subsidiaries, as determined by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsapplicable. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 2 contracts
Sources: Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Credit Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the BorrowerBorrowers, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 Parent Borrower, to effect the provisions of this Section 2.14. The Borrower Borrowers will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, Credit Commitments unless it so agrees.
Appears in 2 contracts
Sources: Credit Agreement (Aptalis Holdings Inc.), Credit Agreement (Par Pharmacuetical, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed and delivered by the Borrower, each Incremental Lender providing such Incremental Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent Party or Lender, 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 2.14. The In connection with any Incremental Amendment, the Borrower will use shall, if reasonably requested by the proceeds Administrative Agent, delivery customary reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Incremental Loans are provided with the benefit of the Incremental Term Loans and Incremental Revolving applicable Loan Commitments as determined by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitments. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, unless it so agreesDocuments.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Valvoline Inc), Amendment and Restatement Agreement (Valvoline Inc)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.142.23. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Commitments as determined by Loans, the Borrower and the Lenders providing such Incremental Other Term Loans and Incremental Revolving Loan CommitmentsLoans for general corporate purposes, including to finance Permitted Acquisitions, other Cash Equivalents and permitted Restricted Payments. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, unless it so agrees.
Appears in 2 contracts
Sources: First Lien Credit Agreement (EVO Payments, Inc.), First Lien Credit Agreement (EVO Payments, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Credit Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14, and the Lenders expressly authorize the Administrative Agent to enter into every such Incremental Amendment, including any amendments that are not materially adverse to the interests of any Lender that are made to effectuate changes necessary to enable any Incremental Term Loans that are intended to be treated as fungible with any Class of outstanding Term Loans to be treated as fungible with such Term Loans, which shall include without limitation (i) any amendments to Section 2.07(a) that do not reduce the ratable amortization received by each Lender thereunder and (ii) any amendments which extend or add “call protection” to any existing Class of Loans, including amendments to Section 2.05(a)(iv). The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitments. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, unless it so agreesthis Agreement.
Appears in 2 contracts
Sources: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Credit Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.142.16, including amendments as deemed necessary by the Administrative Agent in its reasonable judgment to effect any lien subordination and associated rights of the applicable Lenders to the extent any Incremental Loans are to rank junior in right of security. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, Credit Commitments unless it so agrees.
Appears in 2 contracts
Sources: Credit Agreement (Bright Horizons Family Solutions Inc.), Credit Agreement (Bright Horizons Family Solutions Inc.)
Incremental Amendment. Commitments in respect of Incremental New Term Loans and Incremental New Revolving Loan Commitments shall become Commitments (or in the case of an Incremental a New Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Credit Documents, executed by the Borrower, each Incremental New Term Loan Lender and/or New Revolving Loan Lender, as applicable, providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Credit Party, Agent or Lender, effect such amendments to this Agreement and the other Loan Credit 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 2.142.24(g). The Borrower will use the proceeds of the Incremental New Term Loans and Incremental New Revolving Loan Commitments for working capital, general corporate purposes and any other purpose not prohibited by this Agreement, including Permitted Acquisitions, other Investments and Restricted Junior Payments and other distributions on account of the Equity Interests of Borrower or any of its Subsidiaries, as determined by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsapplicable. No Lender shall be obligated to provide any Incremental New Term Loans or Incremental New Revolving Loan Commitments, unless it so agrees.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments Credit Commitment shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 112 and the Borrower, to effect the provisions of this Section 2.14. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 1 contract
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments Credit Commitment shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable applicableTranche A Revolving Credit Commitment or Tranche B Revolving Credit Commitment, as applicable), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the BorrowerBorrowers, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 Parent Borrower, to effect the provisions of this Section 2.14. The Borrower Borrowers will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined Increases for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 1 contract
Sources: Credit Agreement (Change Healthcare Holdings, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the BorrowerBorrowers, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 BorrowerBorrower Representative, to effect the provisions of this Section 2.14, including amendments to Section 2.05(a)(ii) that are not adverse to the interests of the Lenders. The Borrower Borrowers will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Commitments for working capital and other general corporate purposes, including the financing of Permitted Acquisitions and other Investments permitted hereby and any other use not prohibited by the Loan Documents, in each case as determined by the Borrower Borrowers and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitments. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, unless it so agrees.
Appears in 1 contract
Sources: Credit Agreement (Blucora, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Credit Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 Section 2.14. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Commitments Loans as determined by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentspermitted under Section 6.16. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 1 contract
Sources: Credit Agreement (OTG EXP, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and or Incremental Revolving Loan Commitments Credit Loans shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, the Borrower organized under the Laws of the United States, any state thereof, the District of Columbia or any territory thereof, that may be designated as the Borrower in respect thereof (if any), each Incremental Lender providing such Commitments Commitments, and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Commitments as determined by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan CommitmentsSection 2.13. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan CommitmentsCredit Loans, unless it so agrees, provided that each Lender party hereto as of the date of such Incremental Amendment shall have the right to provide its Pro Rata Share of such Loans (unless it has declined or is a Defaulting Lender).
Appears in 1 contract
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14, that are not adverse to the interests of the Lenders. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Commitments for working capital and other general corporate purposes, including the financing of Permitted Acquisitions and other Investments permitted hereby and any other use not prohibited by the Loan Documents, in each case as determined by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitments. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, unless it so agrees.
Appears in 1 contract
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Credit Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Tranche A Revolving Credit Commitment or Tranche B Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the BorrowerBorrowers, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 Parent Borrower, to effect the provisions of this Section 2.14. The Borrower Borrowers will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, Credit Commitments unless it so agrees.
Appears in 1 contract
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Credit Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the applicable Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 applicable Borrower, to effect the provisions of this Section 2.14. The applicable Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Credit Commitments for working capital and other general corporate purposes, including the financing of Permitted Acquisitions and other Investments permitted hereby and any other use not prohibited by the Loan Commitments Documents, in each case as determined by the applicable Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Credit Commitments. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 1 contract
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments Credit Commitment shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the relevant Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 relevant Borrower, to effect the provisions of this Section 2.14. The relevant Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 1 contract
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Credit Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, Credit Commitments unless it so agrees.
Appears in 1 contract
Incremental Amendment. Commitments in respect of Incremental New Term Loans and Incremental New Revolving Loan Commitments shall become Commitments (or in the case of an Incremental a New Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Credit Documents, executed by the Borrower, each Incremental New Term Loan Lender and/or New Revolving Loan Lender, as applicable, providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Credit Party, Agent or Lender, effect such amendments to this Agreement and the other Loan Credit 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 2.142.24(a). The Borrower will use the proceeds of the Incremental New Term Loans and Incremental New Revolving Loan Commitments for working capital, general corporate purposes and any other purpose not prohibited by this Agreement, including Permitted Acquisitions, other Investments and Restricted Junior Payments and other distributions on account of the Equity Interests of Borrower or any of its Subsidiaries, as determined by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsapplicable. No Lender shall be obligated to provide any Incremental New Term Loans or Incremental New Revolving Loan Commitments, unless it so agrees.
Appears in 1 contract
Sources: First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments Credit Commitment shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriateappropriate (including changing the amortization schedule or extending the call protection of existing Term Loans in a manner required to make the Incremental Term Loans fungible with such Term Loans), in the reasonable opinion of the Administrative Agent and the Borrower, to effect the provisions of this Section 2.14. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 1 contract
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitment Increases and Additional Revolving Commitments hereunder shall become Commitments (or in the case of an Incremental a Revolving Loan Commitment Increase to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Lead Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 Lead Borrower and the BorrowerAdministrative Agent, to effect the provisions of this Section 2.14. The Borrower Borrowers will use the proceeds of the Incremental Term Loans, Additional Revolving Loans and Incremental Revolving Loan Commitments Commitment Increases as determined by the Lead Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan CommitmentsCommitment Increases, subject to such use otherwise being permitted under the terms of this Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan CommitmentsCommitment Increases, unless it so agrees.. (g)
Appears in 1 contract
Sources: Credit Agreement (Redwire Corp)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments Credit Commitment shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 SectionSection 2.14. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 1 contract
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments Credit Commitment shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, any other Loan Party party thereto, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 1 contract
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments Credit Commitment shall become Commitments (or in the case of an Incremental Revolving Loan Credit Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the BorrowerBorrowers, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 Parent Borrower, to effect the provisions of this Section 2.14. The Borrower Borrowers will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Credit Commitments as determined Increases for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Credit Commitments, unless it so agrees.
Appears in 1 contract
Sources: Credit Agreement (TC3 Health, Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the each Borrower, each Incremental Lender providing such Incremental Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 Lead Borrower, to effect the provisions of this Section 2.14. In connection with any Incremental Amendment, the Loan Parties shall, if reasonably requested by the Administrative Agent, deliver customary reaffirmation agreements and/or such amendments to the Collateral Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Incremental Loans are provided with the benefit of the applicable Loan Documents. The Borrower Borrowers will use the proceeds (if any) of the Incremental Term Loans and Incremental Revolving Loan Commitments as determined for any purpose not prohibited by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitmentsthis Agreement. No Lender shall be obligated to provide any Incremental Term Loans Commitments or Incremental Revolving Loan Commitments, Loans unless it so agrees.
Appears in 1 contract
Sources: Credit Agreement (Chobani Inc.)
Incremental Amendment. Commitments in respect of Incremental Term Loans and Incremental Revolving Loan Commitments shall become Commitments (or in the case of an Incremental Revolving Loan Commitment to be provided by an existing Revolving Credit Lender, an increase in such Lender’s applicable Revolving Credit Commitment), under this Agreement pursuant to an amendment (an “Incremental Amendment”) to this Agreement and, as appropriate, the other Loan Documents, executed by the Borrower, each Incremental Lender providing such Commitments and the Administrative Agent. The Incremental Amendment may, without the consent of any other Loan Party, Agent or Lender, 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 2.14. The Borrower will use the proceeds of the Incremental Term Loans and Incremental Revolving Loan Commitments as determined by the Borrower and the Lenders providing such Incremental Term Loans and Incremental Revolving Loan Commitments, including for working capital and other general corporate purposes (including the financing of Permitted Acquisitions and other permitted Investments, the making of Restricted Payments or any other purpose not prohibited by the terms of this Agreement). No Lender shall be obligated to provide any Incremental Term Loans or Incremental Revolving Loan Commitments, unless it so agrees.
Appears in 1 contract