Incremental Loan Amendment Sample Clauses
Incremental Loan Amendment. (a) The Borrower and each Incremental Loan Lender referred to on the signatures pages hereto (the "2005 INCREMENTAL LOAN LENDERS") agrees that each 2005 Incremental Loan Lender shall severally make an Incremental Loan (collectively, the "2005 INCREMENTAL LOANS"), in up to two Series, to the Borrower during the period from and after the Consent and Amendment No. 1 Effective Date (as defined below) to the 2005 Incremental Loan Commitment Termination Date (as defined below), subject to the terms and conditions of the Credit Agreement (including Sections 4.02 and 4.03 thereof), in an aggregate principal amount not exceeding such Lender's Incremental Loan Commitment set forth on the lender addendum to Consent and Amendment No. 1 (the "2005 INCREMENTAL LOAN COMMITMENTS"). To the extent the 2005 Incremental Loans are made in an amount that is less than the 2005 Incremental Loan Commitments, each 2005 Incremental Loan Lender shall fund its pro rata percentage of such 2005 Incremental Loans based on the percentage that such 2005 Incremental Loan Lender's 2005 Incremental Loan Commitments bears to the total 2005 Incremental Loan Commitments. The 2005 Incremental Loans shall (i) have identical terms with, (ii) be deemed and treated as, and (iii) have the same rights and obligations under the Loan Documents as, the Term Loans, except (x) all 2005 Incremental Loans shall mature on February 1, 2012 (the "2005 INCREMENTAL LOAN MATURITY Date"), and (y) on the date of each Funding, the 2005 Incremental Loan Commitments shall be permanently reduced by an amount equal to the amount of such Funding and in any event will terminate no later than July 29, 2005 (the "2005 INCREMENTAL LOAN COMMITMENT TERMINATION DATE").
(b) Each 2005 Incremental Loan Lender that is not already a party to the Credit Agreement (i) confirms that it has received a copy of the Credit Agreement, together with copies of the financial statements referred to in Section 5.01 thereof and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Consent and Amendment No. 1; (ii) agrees 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 decisions in taking or not taking action under the Credit Agreement; (iii) represents and warrants that its name set forth on the signature page 1 hereto is ...
Incremental Loan Amendment. To effectuate the addition of an Incremental Facility, the Borrower, the Agents and each Lender or other approved financial institution agreeing to provide such Incremental Facility, shall execute an amendment (each, an “Incremental Loan Amendment”). Each such Incremental Loan Amendment shall provide that (i) the scheduled maturity date of the Incremental Facility shall not be sooner than the Maturity Date and (ii) the Incremental Facility shall be collateralized on the same basis as the Committed Loans. Notwithstanding Section 10.01, any waiver, consent or other amendment to any term or provision of this Agreement necessary or advisable to effectuate any Incremental Facility or any provisions thereof in accordance with the terms of, or the intent of, this Agreement, shall be effective when executed by the Borrower, the Agents and each Lender or other approved financial institution making such Incremental Facility. So long as any financial institution not theretofore a Lender which is providing an Incremental Facility shall have become a Lender under this Agreement pursuant to an Incremental Loan Amendment, the Incremental Facility being requested by the Borrower shall become effective under this Agreement upon the effectiveness of such Incremental Loan Amendment and the Lender or Lenders providing such Incremental Facility shall be deemed to have agreed, severally and not jointly, upon the terms and subject to the conditions of this Agreement, to make an Incremental Facility on the effective date of the applicable Incremental Loan Amendment.
Incremental Loan Amendment. This Amendment is an “Incremental Loan Amendment”, the Series A Incremental Loan Commitments are “Incremental Loan Commitments”, the Series A Incremental Loans are “Incremental Loans” and “Loans” and the Series A Incremental Loan Lenders are “Incremental Loan Lenders” and “Lenders”, each as defined in the Credit Agreement.
Incremental Loan Amendment. To effectuate the addition of an Incremental Facility, the Borrower, the Agents and each Lender or other approved financial institution agreeing to provide such Incremental Facility, shall execute an amendment (each, an