Common use of Incremental Term Facility Amendment Clause in Contracts

Incremental Term Facility Amendment. (a) For the avoidance of doubt, (i) this Incremental Term A Loan Facility Amendment constitutes an “Incremental Term Facility Amendment” pursuant to which a new Class of Incremental Term Loans is established pursuant to Section 2.14 of the Credit Agreement and (ii) from and after the Second Incremental Amendment Effective Date (as hereinafter defined), each reference to “Term Borrowing”, “Term Loan”, “Incremental Term Loans” and “Incremental Term A Loans” (and related terms as appropriate) in the Credit Agreement shall be deemed to also refer to, as applicable, the Incremental Term A Loans (or a Borrowing thereof, as appropriate) established by this Incremental Term A Loan Facility Amendment. (b) Subject to the terms and conditions set forth herein and the occurrence of the Second Incremental Amendment Effective Date, each Incremental Term A Lender agrees to make to the Borrower on the Second Incremental Amendment Effective Date term loans denominated in Dollars in an amount equal to the amount set forth opposite its name under the column entitled “Incremental Term A Commitments” on Annex I hereto (with respect to each Incremental Term A Lender, its “Incremental Term A Commitments”) (each such term loan, an “Incremental Term A Loan” and collectively, the “Incremental Term A Loans”). Amounts borrowed under this Section 2(b) and repaid or prepaid may not be reborrowed. (c) Each of the parties to this Incremental Term A Loan Facility Amendment hereby agrees that on the Second Incremental Amendment Effective Date, (i) this Incremental Term A Loan Facility Amendment shall create a new “Class” of Incremental Term Loans that constitute Incremental Term A Loans for all purposes of the Credit Agreement and the other Loan Documents, (ii) (A) each Incremental Term A Lender shall become a “Term Lender”, “Incremental Term A Loan Lender” and a “Lender” for all purposes of the Credit Agreement and the other Loan Documents, (B) the Incremental Term A Commitments of the Incremental Term A Lenders shall become “Incremental Term Commitments” and “Term Commitments” for all purposes of the Credit Agreement and the other Loan Documents and (C) the Incremental Term A Loans of the Incremental Term A Lenders shall become “Incremental Term Loans”, “Incremental Term A Loans” and “Term Loans” for all purposes of the Credit Agreement and the other Loan Documents and (iii) the Borrower shall deliver to each Incremental Term A Lender, upon its request, a promissory note of the Borrower payable to such Incremental Term A Lender or its registered assigns, in substantially the form of a Term B Note, in the amount of such Incremental Term A Lender’s Incremental Term A Loans.

Incremental Term Facility Amendment. (a) For the avoidance of doubt, (i) this Incremental Term A Loan Facility Amendment constitutes an “Incremental Term Facility Amendment” pursuant to which a new Class of Incremental Term Loans is established pursuant to Section 2.14 of the Credit Agreement and (ii) from and after the Second First Incremental Amendment Effective Date (as hereinafter defined), each reference to “Term Borrowing”, ” and “Term Loan”, “Incremental Term Loans” and “Incremental Term A Loans” (and related terms as appropriate) in the Credit Agreement shall be deemed to also refer to, as applicable, the Incremental Term A Loans (or a Borrowing thereof, as appropriate) established by this Incremental Term A Loan Facility Amendment. (b) Subject to the terms and conditions set forth herein and the occurrence of the Second First Incremental Amendment Effective Date, each the Incremental Term A Lender agrees to make to the Borrower on the Second First Incremental Amendment Effective Date term loans denominated in Dollars in an amount equal to the amount set forth opposite its name under the column entitled “Incremental Term A Commitments” on Annex I hereto (with respect to each the Incremental Term A Lender, its “Incremental Term A Commitments”) (each such term loan, an “Incremental Term A Loan” and collectively, the “Incremental Term A Loans”). Amounts borrowed under this Section 2(b) and repaid or prepaid may not be reborrowed. (c) Each of the parties to this Incremental Term A Loan Facility Amendment hereby agrees that on the Second First Incremental Amendment Effective Date, (i) this Incremental Term A Loan Facility Amendment shall create a new “Class” of Incremental Term Loans that constitute Incremental Term A Loans for all purposes of the Credit Agreement and the other Loan Documents, (ii) (A) each the Incremental Term A Lender shall become a “Term Lender”, “Incremental Term A Loan Lender” and a “Lender” for all purposes of the Credit Agreement and the other Loan Documents, (B) the Incremental Term A Commitments of the Incremental Term A Lenders Lender shall become “Incremental Term Commitments” and “Term Commitments” for all purposes of the Credit Agreement and the other Loan Documents and (C) the Incremental Term A Loans of the Incremental Term A Lenders Lender shall become “Incremental Term Loans”, “Incremental Term A Loans” and “Term Loans” for all purposes of the Credit Agreement and the other Loan Documents and (iii) the Borrower shall deliver to each the Incremental Term A Lender, upon its request, a promissory note of the Borrower payable to such the Incremental Term A Lender or its registered assigns, in substantially the form of a Term B Note, in the amount of such the Incremental Term A Lender’s Incremental Term A Loans. (d) Each of the parties to this Incremental Term Facility Amendment hereby agrees that the Incremental Term Loans established pursuant to this Incremental Term Facility Amendment shall have the “Interest Rates”, “Maturity Date”, “Issuance Price” and “Scheduled Amortization” set forth on Annex II hereto and that all other terms and conditions applicable to such Incremental Term Loans shall be the same as the corresponding terms and conditions applicable to the Term B Loans.