Common use of Combined Facility Clause in Contracts

Combined Facility. The Combined Borrowers may, subject to the terms and conditions of this Section 13.1, at any time after the Agreement Date, execute and deliver to the Administrative Agent and the Lenders an Assumption Agreement pursuant to which the Credit Parties shall assume all “Obligations” (as defined in the Site Loan Agreement) of the Site Borrower under the Site Loan Agreement and pursuant to which the Site Borrower shall assume all Obligations of the AMT Borrowers hereunder; provided, however, that on the effective date of the Assumption Agreement, (i) the Combined Borrowers shall deliver evidence that, after giving pro forma effect to such combination, Total Debt as of such date as would be calculated hereunder if the Credit Parties hereunder included the “Credit Parties” under the Site Loan Agreement to Adjusted EBITDA as of the last day of the most recently completed fiscal quarter for which financial statements have been delivered pursuant to Section 6.1 or 6.2 hereof, as would be calculated hereunder if the Credit Parties hereunder included the “Credit Parties” under the Site Loan Agreement is no greater than 5.00 to 1.00; (ii) no Default or Event of Default shall exist under this Agreement or the Site Loan Agreement (before and after giving effect to the Assumption Agreement); and (iii) the Combined Borrowers’ Debt Ratings (in each case having a stable outlook) from at least two of the following rating agencies are: (a) Ba3 or better from ▇▇▇▇▇’▇, (b) BB- or better from Standard and Poor’s, and (c) BB- or better from Fitch. All parties hereto hereby acknowledge and agree that effective on the effective date of the Assumption Agreement, this Agreement shall be modified and amended as set forth in the Assumption Agreement and the Lenders, the Issuing Bank and the Syndication Agent hereby authorize the Administrative Agent to make or permit such further modifications and amendments to Exhibit D attached hereto and/or this Agreement as are otherwise necessary to give effect to the transactions contemplated hereby or thereby.

Combined Facility. The Combined Borrowers may, subject to the terms and conditions of this Section 13.1, at any time after the Agreement Date, execute and deliver to the Administrative Agent and the Lenders an Assumption Agreement pursuant to which the Credit Parties shall assume all “Obligations” (as defined in the Site AMT Loan Agreement) of the Site Borrower AMT Borrowers under the Site AMT Loan Agreement and pursuant to which the Site Borrower AMT Borrowers shall assume all Obligations of the AMT Borrowers Borrower hereunder; provided, however, that on the effective date of the Assumption Agreement, Agreement (i) the Combined Borrowers shall deliver evidence that, after giving pro forma effect to such combination, Total Debt as of such date as would be calculated hereunder if the Credit Parties hereunder included the “Credit Parties” under the Site AMT Loan Agreement to Adjusted EBITDA as of for the twelve (12) month period ending on the last day of the most recently completed fiscal quarter for which financial statements have been delivered pursuant to Section 6.1 or 6.2 hereof, as would be calculated hereunder if the Credit Parties hereunder included the “Credit Parties” under the Site AMT Loan Agreement is no greater than 5.00 to 1.00; (ii) no Default or Event of Default shall exist under this Agreement or the Site AMT Loan Agreement (before and after giving effect to the Assumption Agreement); and (iii) the Combined Borrowers’ Debt Ratings (in each case having a stable outlook) from at least two of the following rating agencies are: (a) Ba3 or better from ▇▇▇▇▇’▇, (b) BB- or better from Standard and Poor’s, and (c) BB- or better from Fitch. All parties hereto hereby acknowledge and agree that effective on the effective date of the Assumption Agreement, this Agreement shall be modified and amended as set forth in the Assumption Agreement and the The Lenders, the Issuing Bank and the Syndication Agent hereby authorize the Administrative Agent to make or permit such further modifications and amendments to Exhibit D C attached hereto and/or this Agreement as are otherwise necessary to give effect to the transactions contemplated hereby or thereby.