Common use of Incremental Facility Amendment Clause in Contracts

Incremental Facility Amendment. The parties hereto agree and acknowledge that for all purposes (i) this Agreement shall be considered an “Incremental Facility Amendment”, (ii) the Incremental Term A-4 Facility provided herein shall be considered an “Incremental Term Facility”, (iii) each Incremental Term A-4 Lender shall be considered an “Incremental Term Lender”, (iv) the borrowings to be made hereunder shall be considered an “Incremental Term Borrowing”, (v) the commitment of each Incremental Term A-4 Lender hereunder to make the Incremental Term A-4 Loan pursuant to the terms hereof shall be considered an “Incremental Term Commitment” and (vi) each Incremental Term A-4 Loan made pursuant hereto shall be considered an “Incremental Term Loan” and a “Term Loan”, in each case as such terms are defined in and used in the Credit Agreement. Furthermore, (x) the parties hereto agree and acknowledge that for all purposes, (i) the Obligations in respect of the Incremental Term A-4 Loan as provided herein shall be considered “Credit Agreement Obligations” and (ii) the Incremental Term A-4 Facility as provided herein shall be considered one of the “Credit Facilities”, in each case as such terms are defined in the Intercreditor Agreement, and (y) the parties hereto agree and acknowledge that for all purposes the Incremental Term A-4 Facility as provided herein constitutes a “Credit Facility” under and as defined in the Indentures (as defined in the Credit Agreement).

Incremental Facility Amendment. The parties hereto agree and acknowledge that for all purposes (i) this Agreement shall be considered an “Incremental Facility Amendment”, (ii) the each New Incremental Term A-4 Facility provided herein shall be considered an “Incremental Term Facility”, (iii) each the New Incremental Term A-4 Loan Lender shall be considered an “Incremental Term Lender”, (iv) the borrowings each borrowing to be made hereunder shall be considered an “Incremental Term Borrowing”, (v) the commitment of each the New Incremental Term A-4 Loan Lender hereunder to make the each New Incremental Term A-4 Loan pursuant to the terms hereof shall be considered an “Incremental Term Commitment” and (vi) each Incremental Term A-4 Loan made pursuant hereto to this Section 2 shall be considered an “Incremental Term Loan” and a “Term Loan”, in each case as such terms are defined in and used in the Credit Agreement. Furthermore, (x) the parties hereto agree and acknowledge that for all purposes, (i) the Obligations in respect of the New Incremental Term A-4 Loan Loans as provided herein shall be considered “Credit Agreement Obligations” and (ii) the each New Incremental Term A-4 Facility as provided herein shall be considered one of the “Credit Facilities”, in each case as such terms are defined in the Intercreditor Agreement, and (y) the parties hereto agree and acknowledge that for all purposes the each New Incremental Term A-4 Facility as provided herein constitutes a “Credit Facility” under and as defined in the Indentures (as defined in the Credit Agreement).

Incremental Facility Amendment. The parties hereto agree and acknowledge that for all purposes (i) this Agreement shall be considered an “Incremental Facility Amendment”, (ii) the Incremental Term A-4 A-2 Facility provided herein shall be considered an “Incremental Term Facility”, (iii) each the Incremental Term A-4 A-2 Lender shall be considered an “Incremental Term Lender”, (iv) the borrowings borrowing to be made hereunder shall be considered an “Incremental Term Borrowing”, (v) the commitment of each the Incremental Term A-4 A-2 Lender hereunder to make the Incremental Term A-4 A-2 Loan pursuant to the terms hereof shall be considered an “Incremental Term Commitment” and (vi) each Incremental Term A-4 Loan made pursuant hereto to this Section 2 shall be considered an “Incremental Term Loan” and a “Term Loan”, in each case as such terms are defined in and used in the Credit Agreement. Furthermore, (x) the parties hereto agree and acknowledge that for all purposes, (i) the Obligations in respect of the Incremental Term A-4 A-2 Loan as provided herein shall be considered “Credit Agreement Obligations” and (ii) the Incremental Term A-4 A-2 Facility as provided herein shall be considered one of the “Credit Facilities”, in each case as such terms are defined in the that certain Pari Passu Intercreditor Agreement, dated as of January 1, 2018, among Intermediate Holding, the Company, the other Grantors party thereto from time to time, Bank of America, as collateral agent for the Credit Agreement Secured Parties, Bank of America, as collateral agent for the Term Loan Agreement Secured Parties, and each Additional Agent from time to time party thereto, and (y) the parties hereto agree and acknowledge that for all purposes the Incremental Term A-4 A-2 Facility as provided herein constitutes a “Credit Facility” under and as defined in the Indentures (as defined in the Credit Agreement).