Incremental Lender Clause Samples

Incremental Lender. The Incremental Lender acknowledges and agrees that upon its execution of this Agreement and providing of Incremental Revolving Credit Commitments, that such Incremental Lender shall become an “Incremental Revolving Loan Lender” and shall continue to be a “2020 Additional Revolving Credit Lender”, a “Lender” and a “2020 Letter of Credit Issuer” under, and for all purposes of, the Credit Agreement and the other Credit Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of an Incremental Revolving Loan Lender, a 2020 Additional Revolving Credit Lender, a Lender and a 2020 Letter of Credit Issuer thereunder.

Incremental Lender. The Incremental Lender acknowledges and agrees that upon its execution of this Agreement and the providing of the Incremental Existing Tranche Revolving Commitments contemplated hereby, that the Incremental Lender shall become a “Lender” and a “Revolving Lender” under, and for all purposes of, the Credit Agreement and the other Credit Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender and a Revolving Lender thereunder. For purposes of this Agreement and the other Credit Documents, ▇▇▇▇▇▇▇▇▇ LLC and its Affiliates shall be deemed to be Affiliates of ▇▇▇▇▇▇▇▇▇ Finance LLC and its Affiliates.

Incremental Lender. CIT hereby agrees to make an Incremental Term Loan to Grand River in the amount of $25,000,000.

Incremental Lender. Notice from the Borrowers pursuant to this Section 2.15 shall set forth the requested amount and proposed terms of the Incremental Increase. The Incremental Increase may be provided by any existing Lender or by any other Persons (such Lender or other Person, an “Incremental Lender”); provided that the Agent, the Issuing Bank and/or the Swing Lender, as applicable, shall have consented (not to be unreasonably withheld or delayed) to the Incremental Lender providing the Incremental Increase to the extent any such consent would be required under Section 13.1 for an assignment of Loans or Commitments, as applicable, to the Incremental Lender. At the time of sending such notice, the Borrowers (in consultation with the Agent) shall specify the time period within which the proposed Incremental Lender is requested to respond, which shall in no event be less than ten (10) Business Days from the date of delivery of such notice to the proposed Incremental Lender (or such shorter period as agreed to by the Agent). Each proposed Incremental Lender may elect or decline, in its sole discretion, and shall notify the Agent within such time period whether it agrees, to provide an Incremental Increase and, if so, whether by an amount equal to, greater than or less than requested. Any Person not responding within such time period shall be deemed to have declined to provide the Incremental Increase.

Incremental Lender. Each Incremental Lender represents to the Agents that it has, independently and without reliance upon any Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness of the Loan Parties and their affiliates and made its own decision to provide its Revolving Credit Commitment Increase hereunder and enter into this Agreement and become a Revolving Credit Lender and a Lender under the Credit Agreement. Each Incremental Lender also represents that it will, independently and without reliance upon any Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under the Credit Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Loan Parties and their affiliates. Each Incremental Lender hereby (a) confirms that it has received a copy of the Credit Agreement and each other Loan Document and such other documents (including financial statements) and information as it deems appropriate to make its decision to enter into this Agreement, (b) agrees that it shall be bound by the terms of the Credit Agreement as a Revolving Credit Lender and a Lender thereunder and that it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Revolving Credit Lender and a Lender, (c) irrevocably designates and appoints the Agents as the agents of such Incremental Lender under the Credit Agreement and the other Loan Documents, and each Incremental Lender irrevocably authorizes each Agent, in such capacity, to take such action on its behalf under the provisions of the Credit Agreement and the other Loan Documents and to exercise such powers and perform such duties as are delegated to such Agent by the terms of the Credit Agreement and the other Loan Documents, together with such other powers as are reasonably incidental thereto and (d) specifies as its lending office and address for notices the offices set forth on the Administrative Questionnaire provided by it to the Administrative Agent prior to the date hereof.