Increase Joinder. A. This Increase Joinder is an “instrument of joinder” referenced in Section 2.22(c)(i) of the Credit Agreement. The Borrower, the Administrative Agent and the Incremental Lenders hereby agree that the Incremental Commitments shall become effective upon the satisfaction of the conditions set forth in Section 2 hereof (the date on which such conditions are satisfied, the “Increase Amount Date”).
Increase Joinder. The Incremental Commitments shall be effected by a joinder agreement (the “Increase Joinder”) executed by the Borrowers, the Administrative Agent and each Lender making such Incremental Commitment, in form attached hereto or otherwise in form and substance satisfactory to each of them. The Increase Joinder may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the opinion of the Administrative Agent, to effect the provisions of this Section 2.15. On any Increase Effective Date on which the Commitments are increased by Incremental Facility, the participations held by the Lenders in the Protective Advance Exposure and the L/C Obligations immediately prior to such increase will be reallocated so as to be held by the Lenders ratably in accordance with their respective Applicable Percentages after giving effect to such increase. If, on any Increase Effective Date, there are any Loans outstanding, the Borrowers shall prepay such Loans in accordance with this Agreement on such date to the extent necessary to effect such reallocation (but the Borrowers may finance such prepayment with a concurrent borrowing of Loans from the Lenders in accordance with their Applicable Percentages after giving effect to the Incremental Facility effected on such date).
Increase Joinder. The Incremental Term Loan Commitments shall be effected by a joinder agreement (the “Increase Joinder”) executed by Borrowers, Administrative Agent and each Lender making such Incremental Term Loan Commitment, in form and substance satisfactory to each of them. The Increase Joinder may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the opinion of Administrative Agent, to effect the provisions of this Section 2.40.
Increase Joinder. The Incremental Term Loan Commitments shall be effected by a joinder agreement (the “Increase Joinder”) executed by the Borrower, the Administrative Agent and each Lender making such Incremental Term Loan Commitment, in form attached hereto or otherwise in form and substance satisfactory to each of them. The Increase Joinder may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the opinion of the Administrative Agent, to effect the provisions of this Section 2.13, including amendments as deemed necessary by the Administrative Agent in its reasonable judgment, to (x) effect any lien or payment subordination and associated rights of the applicable Lenders to the extent any Incremental Term Loans are to rank junior in right of security or payment or to address technical issues relating to funding and payments and/or (y) so long as such amendments are not, in the reasonable opinion of the Administrative Agent, materially adverse to the Lenders, maintain the “fungibility” of any such Incremental Term Loans with any tranche of then-outstanding Loans hereunder. In addition, unless otherwise specifically provided herein or in the Increase Joinder, all references in Loan Documents to Term Loans shall be deemed, unless the context otherwise requires, to include references to Incremental Term Loans and unless otherwise specifically provided herein.
Increase Joinder. Each Increase Lender hereby agrees to provide Incremental Tranche B Commitments as set forth in Schedule 1 hereto and severally agrees (i) that it shall be considered a Lender for all purposes under the Loan Documents and agrees to be bound by the terms thereof; (ii) severally agrees to make its pro rata portion (based on the amount of such Increase Lender’s Incremental Tranche B Commitment divided by the Incremental Tranche B Commitments of all Increase Lenders) of the Incremental Tranche B Loans requested to be borrowed on any Drawing Date (as defined below) to the Borrower in accordance with the terms of this Increase Joinder; provided that no Increase Lender shall be required to make any Incremental Tranche B Loans in an amount in excess of its Incremental Commitment; (iii) appoints and authorizes the Agent to take such action as agent on its behalf and to exercise such powers under the Credit Agreement and the other Loan Documents as are delegated to the Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (iv) agrees that it will perform in accordance with their terms all of the obligations which by the terms of the Credit Agreement and this Increase Joinder are required to be performed by it as an Increase Lender. The terms and provisions of the Incremental Tranche B Loans shall, except as set forth below, be identical to the Tranche B Loans made on the Closing Date (the “Existing Tranche B Loans”). The aggregate amount of the Incremental Tranche B Loans made under this Increase Joinder shall not exceed $50,000,000.
Increase Joinder. Each Additional Lender committed to an Incremental Term Loan as set forth in Schedule 1 hereto severally agrees (i) that it shall be considered a Lender for all purposes under the Loan Documents and agrees to be bound by the terms thereof and (ii) to make its pro rata portion of the Incremental Term Loans to the Borrower in the aggregate amount set forth in the Borrowing Request for Incremental Term Loans delivered to the Administrative Agent no less than one Business Days prior to such proposed borrowing date. The terms and provisions of the Incremental Term Loans shall, except as set forth below, be identical to the Tranche B-1 Term Loans. The aggregate amount of all such Incremental Term Loans issued under this Increase Joinder shall not exceed $225,000,000. The Incremental Term Loans shall be repaid in installments on each Installment Payment Date, commencing on September 30, 2007, in an aggregate amount equal to (i) $562,500, on each March 31, June 30, September 30 and December 31 of each year, ending on (and including) December 31, 2012 and (ii) $212,625,000, on the Term Facility Maturity Date. The Applicable Margins of the Incremental Term Loans as well as the existing Term Loans are hereby increased by 0.25% above the rates in effect or immediately prior hereto for each category of the Pricing Grid. The Borrower shall use the proceeds of the Incremental Term Loans as set forth in the first recital to this Increase Joinder.
Increase Joinder. The Administrative Agent shall have received executed counterparts of this Increase Joinder from the Increase Lenders and the other parties hereto.
Increase Joinder. (a) This Increase Joinder is an “Increase Joinder” referenced in Section 2.09(e) of the Term Loan Agreement. Borrowers, the Administrative Agent and the No. 1B Incremental Term Lender hereby agree that the No. 1B Incremental Term Commitments shall become effective upon the satisfaction of the conditions set forth in Section 3 hereof (the date on which such conditions are satisfied, the “Increase Effective Date”). On the Increase Effective Date immediately after the establishment of the No. 1B Incremental Term Commitments, the No. 1B Incremental Term Lender shall make No. 1B Incremental Term Loans to the Borrowers in the amount of its No. 1B Incremental Term Commitments. The No. 1B Incremental Term Commitments shall be decreased to $0 immediately after giving effect to the No. 1B Incremental Term Loans as contemplated by the preceding sentence.
Increase Joinder. The Increase Joinder shall have been entered into by the parties thereto in form and substance reasonably satisfactory to the Initial Purchasers and the Increase Joinder shall be in full force and effect. Concurrently with the issuance of the Notes, an incremental term loan will be issued under the Existing Credit Agreement pursuant to the Increase Joinder.
Increase Joinder. The Incremental Term Commitments shall be effected by a joinder agreement (the “Increase Joinder”) executed by the Borrower, Agent and each Lender making such Incremental Term Commitment, in form and substance reasonably satisfactory to each of them; provided that, in the event the Agent shall not have received a fully executed Increase Joinder on or before the date that is 20 Business Days after the date on which the associated Incremental Request was delivered to Agent then such Incremental Request shall be deemed to have been revoked. Notwithstanding the provisions of Section 15.1.1, the Increase Joinder may, without the consent of any other Lenders, effect such amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the reasonable opinion of Agent, to effect the provisions of this Section 2.6. In addition, unless otherwise specifically provided herein, all references in Loan Documents to Loans shall be deemed, unless the context otherwise requires, to include references to Incremental Term Loans made pursuant to Incremental Term Commitments made pursuant to this Agreement. This Section 2.6.4 shall supersede any provisions in Section 13.5 or Section 15.1 to the contrary.
