Common use of No Incremental Clause in Contracts

No Incremental. Term Loans shall become effective unless and until each of the following conditions has been satisfied: (i) Any such Incremental Term Loan shall be in a minimum principal amount of $25,000,000 and in integral multiples of $1,000,000 in excess thereof, unless otherwise agreed by the Borrower and the Agent; (ii) The Borrower, the Agent, and any Additional Lender shall have executed and delivered an Incremental Term Amendment; (iii) The Borrower shall have paid such fees and other compensation to the Additional Lenders and to the Agent as the Borrower, the Agent and such Additional Lenders shall agree; (iv) The Borrower shall deliver on the closing date of any Incremental Term Loan a certificate certifying that (A) (other than with respect to an Incremental Term Loan in connection with an acquisition or any other Investment or refinancing, unless required by the Lenders providing such Incremental Term Loan) the representations and warranties made by Holdings, the Borrower and each Guarantor contained herein and in the other Loan Documents are true and correct in all material respects on and as of such closing date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects, as of such specified earlier date, and (B) no Specified Default has occurred and is continuing; and (v) The Borrower and Additional Lenders shall have delivered such other instruments, documents and agreements as the Agent may reasonably have requested in order to effectuate the documentation of the foregoing.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (United Rentals North America Inc), Amendment and Restatement Agreement (United Rentals North America Inc)

No Incremental. Term Loans shall become effective unless and until each of the following conditions has been satisfied: under this Section unless, (i) Any on the proposed date of the effectiveness of such Incremental Term Loans, (x) no Event of Default shall have occurred and be continuing or, in the case of a Permitted Acquisition or similar committed investment, no Event of Default under clauses (a), (b), (h), (i) or (j) of the definition thereof shall have occurred and be continuing; provided that in the case of a Limited Condition Acquisition, at the Borrower Representative’s option, such condition may be tested in accordance with Section 1.04(c) so long as at the time of the consummation of such Limited Condition Acquisition, no Event of Default under clauses (a), (b), (h), (i) or (j) of the definition thereof shall have occurred and be continuing, (y) the representations and warranties set forth in the Loan Documents shall be true and correct in a minimum principal amount of $25,000,000 and in integral multiples of $1,000,000 in excess thereof, unless otherwise agreed by the Borrower and the Agent; all material respects (ii) The Borrower, the Agent, and any Additional Lender shall have executed and delivered an Incremental Term Amendment; (iii) The Borrower shall have paid such fees and other compensation to the Additional Lenders and to the Agent as the Borrower, the Agent and such Additional Lenders shall agree; (iv) The Borrower shall deliver on the closing date of any Incremental Term Loan a certificate certifying that (A) (other than with respect to an Incremental Term Loan except in connection with an acquisition a Permitted Acquisition or any other Investment or refinancingsimilar committed investment, unless required which, if and only to the extent agreed by the Lenders providing such Incremental Term Loan) the representations and warranties made by HoldingsLoans, the Borrower and each Guarantor contained herein and in the other Loan Documents are true and correct in all material respects on and as of such closing date, except shall be subject to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects, as of such specified earlier datecustomary “SunGard” or “certain funds” conditionality), and (Bz) no Specified Default has occurred and is continuing; and (v) The Borrower and Additional Lenders the Administrative Agent shall have delivered received a certificate to the effect that the requirements of clauses (i)(x) and (i)(y) have been complied with dated such other instruments, documents date and agreements as the Agent may reasonably have requested in order to effectuate the documentation executed by a Financial Officer of the foregoingBorrower Representative and (ii) the Administrative Agent shall have received documents consistent with those delivered on the Effective Date as to the corporate power and authority of the Borrowers to borrow hereunder after giving effect to such Incremental Term Loans.

Appears in 2 contracts

Sources: Credit Agreement (Chefs' Warehouse, Inc.), Credit Agreement (Chefs' Warehouse, Inc.)

No Incremental. Term Loans shall become effective unless and until each of the following conditions has been satisfied: (i) Any such Incremental Term Loan shall be in a minimum principal amount of $25,000,000 and in integral multiples of $1,000,000 in excess thereof, unless otherwise agreed by the Borrower and the Agent; (ii) The Borrower, the Agent, and any Additional Lender shall have executed and delivered an Incremental Term Amendment; (iii) The Borrower shall have paid such fees and other compensation to the Additional Lenders and to the Agent as the Borrower, the Agent and such Additional Lenders shall agree; (iv) The Borrower shall deliver on the closing date of any Incremental Term Loan a certificate certifying that (A) (other than with respect to an Incremental Term Loan in connection with an acquisition or any other Investment or refinancing, unless required by the Lenders providing such Incremental Term Loan) the representations and warranties made by Holdings, the Borrower and each Guarantor contained herein and in the other Loan Documents are true and correct in all material respects on and as of such closing date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respectsrespect, as of such specified earlier date, and (B) no Specified Default has occurred and is continuing; and (v) The Borrower and Additional Lenders shall have delivered such other instruments, documents and agreements as the Agent may reasonably have requested in order to effectuate the documentation of the foregoing.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (United Rentals North America Inc)