New Revolving Commitments. (a) Subject to the terms and conditions set forth herein, on the Amendment No. 6 Effective Date, each Person party hereto that executes a signature page hereto as a “New Revolving Lender” and has a New Revolving Commitment set forth opposite its name on Schedule 1.01A hereto (each, a “New Revolving Lender”) agrees, severally and not jointly, that it shall have a New Revolving Commitment in the amount set forth opposite its name on Schedule 1.01A hereto. (b) The Borrower shall consummate the Refinancing on the Amendment No. 6 Effective Date substantially concurrently with the establishment of the New Revolving Commitments. On the Amendment No. 6 Effective Date, any Letters of Credit issued and outstanding under the Credit Agreement immediately prior to the Amendment No. 6 Effective Date shall be deemed issued under the New Revolving Commitments. (c) Effective as of the Amendment No. 6 Effective Date, (i) the New Revolving Commitments shall constitute “Incremental Revolving Credit Commitments” and “Revolving Credit Commitments” for all purposes of the Loan Documents and (ii) each Person providing a New Revolving Commitment shall become a “Revolving Credit Lender” and a “Lender” and shall have all the rights and obligations of a Lender holding a Revolving Credit Commitment. (d) The Administrative Agent and each of the New Revolving Lenders party hereto acknowledge and agree that this Amendment shall be deemed to constitute an Incremental Loan Request pursuant to Section 2.14(c) of the Credit Agreement.
Appears in 1 contract
New Revolving Commitments. (a) Subject to the terms and conditions set forth herein, on the Amendment No. 6 4 Effective Date, each Person party hereto that executes a signature page hereto as a “New Revolving Lender” and has a New Revolving Commitment set forth opposite its name on Schedule 1.01A hereto (each, a “New Revolving Lender”) agrees, severally and not jointly, that it shall have a New Revolving Commitment in the amount set forth opposite its name on Schedule 1.01A hereto.
(b) The Borrower shall consummate the Refinancing on the Amendment No. 6 4 Effective Date substantially concurrently with the establishment of the New Revolving Commitments. On the Amendment No. 6 4 Effective Date, any Letters of Credit issued and outstanding under the Credit Agreement immediately prior to the Amendment No. 6 4 Effective Date shall be deemed issued under the New Revolving Commitments.
(c) Effective as of the Amendment No. 6 4 Effective Date, (i) the New Revolving Commitments shall constitute “Incremental Revolving Credit Commitments” and “Revolving Credit Commitments” for all purposes of the Loan Documents and (ii) each Person providing a New Revolving Commitment shall become a “Revolving Credit Lender” and a “Lender” and shall have all the rights and obligations of a Lender holding a Revolving Credit Commitment.
(d) The Administrative Agent and each of the New Revolving Lenders party hereto acknowledge and agree that this Amendment shall be deemed to constitute an Incremental Loan Request pursuant to Section 2.14(c) of the Credit Agreement.
Appears in 1 contract