Common use of Incremental Commitment Amendment Clause in Contracts

Incremental Commitment Amendment. (a) This Section 3 of this Amendment constitutes an Incremental Commitment Amendment pursuant to subsection 2.8(d) of the Existing Credit Agreement. The Borrower and the Administrative Agent hereby consent, pursuant to subsection 2.8(b) of the Existing Credit Agreement, to the inclusion as an “Additional Incremental Lender” of each New Money Lender that is not an existing Lender or an affiliate of an existing Lender. (b) The Initial Incremental Term Loans are hereby established as and shall constitute “Incremental Loans”, the New Term Loan Lenders shall constitute “Additional Incremental Lenders”, and the Initial Incremental Term Loan Commitments are hereby established as and shall constitute “Incremental Term Loan Commitments”, in each case pursuant to subsection 2.8 of the Existing Credit Agreement. The Existing Credit Agreement is hereby amended to effect the foregoing and to provide for the funding of the Initial Incremental Term Loans, as permitted by subsection 2.8 of the Existing Credit Agreement, as follows: (1) Subsection 1.1 of the Existing Credit Agreement is amended by adding the following new definitions, to appear in proper alphabetical order:

Incremental Commitment Amendment. (a) This Section 3 of this Amendment constitutes an Incremental Commitment Amendment pursuant to subsection 2.8(d2.5(c) of the Existing Credit Agreement. The Borrower and the Administrative Agent hereby consent, pursuant to subsection 2.8(b2.5(b) of the Existing Credit Agreement, to the inclusion as an “Additional Incremental Lender” of each New Money Lender that is not an existing Lender or an affiliate of an existing Lender. (b) The Initial Second Incremental Term Loans are hereby established as and shall constitute “Incremental Loans”, the New Term Loan Lenders shall constitute “Additional Incremental Lenders”, and the Initial Second Incremental Term Loan Commitments are hereby established as and shall constitute “Incremental Term Loan Commitments”, in each case pursuant to subsection 2.8 2.5 of the Existing Credit Agreement. The Existing Credit Agreement is hereby amended to effect the foregoing and to provide for the funding of the Initial Second Incremental Term Loans, as permitted by subsection 2.8 2.5 of the Existing Credit Agreement, as follows: (1) Subsection 1.1 of the Existing Credit Agreement is amended by adding the following new definitions, to appear in proper alphabetical order:

Incremental Commitment Amendment. (a) This Section 3 of this Amendment constitutes an Incremental Commitment Amendment pursuant to subsection 2.8(d2.5(c) of the Existing Credit Agreement. The Borrower and the Administrative Agent hereby consent, pursuant to subsection 2.8(b2.5(b) of the Existing Credit Agreement, to the inclusion as an “Additional Incremental Lender” of each New Money Lender that is not an existing Lender or an affiliate of an existing Lender. (b) The Initial Incremental Term Loans are hereby established as and shall constitute “Incremental Loans”, the New Term Loan Lenders shall constitute “Additional Incremental Lenders”, and the Initial Incremental Term Loan Commitments are hereby established as and shall constitute “Incremental Term Loan Commitments”, in each case pursuant to subsection 2.8 2.5 of the Existing Credit Agreement. The Existing Credit Agreement is hereby amended to effect the foregoing and to provide for the funding of the Initial Incremental Term Loans, as permitted by subsection 2.8 2.5 of the Existing Credit Agreement, as follows: (1) Subsection 1.1 of the Existing Credit Agreement is amended by adding the following new definitions, to appear in proper alphabetical order: