Common use of Terms of Incremental Commitments Clause in Contracts

Terms of Incremental Commitments. The Lender and the Borrower shall determine the effective date for such Incremental Facility pursuant to this Section (an “Incremental Commitment Effective Date”); provided that such date shall be a Business Day no more than three (3) Business Days after delivery of the request for such Incremental Facility and at least 30 days prior to the Maturity Date then in effect. In order to effect such Incremental Facility, the Borrower and the Lender shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the Lender, pursuant to which the Lender will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a Commitment, the Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans made by it on such Incremental Commitment Effective Date pursuant to this Section shall be Loans, for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender Facility Agent and the Borrower shall determine the effective date for such Incremental Facility increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day no more than three (3) at least ten Business Days after delivery of the request for such Incremental increase (unless otherwise approved by the Facility Agent) and at least 30 thirty (30) days prior to the Maturity latest Commitment Termination Date then in effect. In order to effect such Incremental Facilityincrease, the Borrower Borrower, the applicable Incremental Lender(s) and the Lender Facility Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderFacility Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this SectionSection 2.18, each Incremental Commitment shall be a CommitmentCommitment (and not a separate facility hereunder), the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section 2.18 shall be LoansBorrowings, for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender Administrative Agent and the Borrower shall determine the effective date for such Incremental Facility any increase of the Commitments pursuant to this Section (an “Incremental Commitment the "Increase Effective Date”)") and, if applicable, the final allocation of such increase among the Lenders providing such increase; provided that such date shall be a Business Day no more than three (3) at least ten Business Days after delivery of the request for such Incremental Facility increase (unless otherwise approved by the Administrative Agent) and at least 30 days be prior to the Maturity Date then in effectlast day of the Availability Period. In order to effect such Incremental Facilityincrease, the Borrower Borrower, the applicable Incremental Lender(s) and the Lender Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderAdministrative Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Increase Effective Date, subject to the terms and conditions set forth in this SectionSection 2.10, each Incremental Commitment shall be a CommitmentCommitment (and not a separate facility hereunder), the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans made by it on such Incremental Commitment Effective Date pursuant to this Section Facility Amount shall be Loans, for all purposes increased by an amount equal to the aggregate amount of this Agreementthe Incremental Commitments.

Terms of Incremental Commitments. The Lender Facility Agent and the Borrower shall determine the effective date for such Incremental Facility increase pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day no more than three (3) at least ten Business Days after delivery of the request for such Incremental increase (unless otherwise approved by the Facility Agent) and at least 30 days prior to the Maturity Commitment Termination Date then in effect. In order to effect such Incremental Facilityincrease (i) the Borrower, the Borrower applicable Incremental Lender(s) and the Lender Facility Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderFacility Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s) or, at the sole discretion of the Facility Agent, (ii) the Borrower, the Lenders, the applicable Incremental Lender(s) and Facility Agent shall enter an amendment and restatement of this Agreement to provide for the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a CommitmentCommitment (and not a separate facility hereunder), the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section shall be LoansBorrowings, for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender and the Borrower Administrative Agent shall determine the effective date for such Incremental Facility increase pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day no more less than three ten (310) Business Days after delivery of the request for such Incremental Facility and at least 30 days prior to increase (unless otherwise agreed in writing by the Maturity Date then Administrative Agent). If applicable in effect. In order to effect such Incremental Facilityincrease, the Borrower Borrower, the Incremental Lender(s) and the Lender Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderAdministrative Agent, pursuant to which the Lender Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this SectionSection 2.11, each Incremental Commitment shall be a CommitmentCommitment (and not a separate facility hereunder), the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans made by it on such Incremental Commitment Effective Date pursuant to this Section shall be Loans, for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender Administrative Agent and the Borrower shall determine the effective date for such Incremental Facility increase pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day no more than three (3) at least 10 Business Days after delivery of the request for such Incremental Facility increase (unless otherwise approved by the Administrative Agent) and at least 30 days prior to the Maturity Date then in effectDate, provided further that the availability period for any Incremental Commitment consisting of a Revolving Loan Commitment shall end no later than the Maturity Date. In order to effect such Incremental Facilityincrease, the Borrower Borrower, the applicable Incremental Lender(s) and the Lender Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderAdministrative Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a CommitmentTerm Loan Commitment or Revolving Loan Commitment (and not a separate facility hereunder), the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Term Lender or a Revolving Lender, and the Loans made by it on such Incremental Commitment Effective Date pursuant to this Section shall be Loansas applicable, for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender Agent and the Borrower shall determine the effective date for such Incremental Facility increase pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day no more than three at least ten (310) Business Days after delivery of the request for such Incremental Facility increase (unless otherwise approved by the Agent) and at least 30 thirty (30) days prior to the Maturity Commitment Termination Date then in effect. In order to effect such Incremental Facilityincrease, the Borrower Borrower, the applicable Incremental Lender(s) and the Lender Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderAgent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a CommitmentCommitment (and not a separate facility hereunder), the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Revolving Loans made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section shall be Revolving Loans, for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender Administrative Agent and the Borrower Borrowers shall determine the effective date for such Incremental Facility increase pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such Incremental Commitments among the Persons providing such increase; provided that such date shall be a Business Day no more than three at least ten (310) Business Days after delivery of the request for such Incremental Facility increase (unless otherwise approved by Administrative Agent) and at least 30 thirty (30) days prior to the Maturity Term Loan Advancing Termination Date then in effect. In order to effect such Incremental Facilityincrease, Borrowers, the Borrower applicable Incremental Lender(s) and the Lender Administrative Agent (but no other Lenders or Persons) shall enter into one or more Incremental Lender Joinder Agreements, each in form and substance satisfactory to the Borrower Borrowers and the LenderAdministrative Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the applicable Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a CommitmentTerm Loan Commitment (and not a separate facility hereunder) and Schedule 2.1 shall be updated accordingly to reflect such Incremental Commitment and the increased Term Loan Maximum Amount, the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Term Loans made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section shall be Loans, Term Loans for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender Administrative Agent and the Borrower Representative shall determine the effective date for such an Incremental Facility pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such Incremental Commitments among the Persons providing such Incremental Facility; provided that such date shall be a Business Day no more than three (3) at least five Business Days after delivery of the request for such Incremental Facility and at least 30 days prior to (unless otherwise approved by the Maturity Date then in effectAdministrative Agent). In order to effect such Incremental Facility, the Borrower applicable Borrower(s), the applicable Incremental Lender(s) and the Lender Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each substantially in the form of Exhibit H and otherwise in form and substance reasonably satisfactory to the Borrower and the LenderAdministrative Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the applicable Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a Commitment (and a separate facility hereunder) and Schedule 1.1 or Schedule 1.2, as applicable, shall be updated accordingly to reflect such Incremental Commitment, the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans Extensions of Credit made by it on such Incremental Commitment Effective Date pursuant to this Section shall be Tranche A Loans or Tranche B Loans, as applicable, for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender Facility Agent and the Borrower shall determine the effective date for such Incremental Facility increase pursuant to this Section 2.18 (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day no more than three (3) at least ten Business Days after delivery of the request for such Incremental increase (unless otherwise approved by the Facility Agent) and at least 30 thirty (30) days prior to the Maturity latest Commitment Termination Date then in effect. In order to effect such Incremental Facilityincrease, the Borrower Borrower, the applicable Incremental Lender(s) and the Lender Facility Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderFacility Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this SectionSection 2.18, each Incremental Commitment shall be a CommitmentCommitment (and not a separate facility hereunder), the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans Borrowings made by it on such Incremental Commitment Effective Date pursuant to this Section shall be Loans, for all purposes of this Agreement.paragraph

Terms of Incremental Commitments. The Lender Facility Agent and the Borrower shall determine the effective date for such Incremental Facility increase pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day no more than three (3) at least ten Business Days after delivery of the request for such Incremental increase (unless otherwise approved by the Facility Agent) and at least 30 days prior to the Maturity Commitment Termination Date then in effect. In order to effect such Incremental Facilityincrease (i) the Borrower, the Borrower applicable Incremental Lender(s) and the Lender Facility Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderFacility Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s) or, at the sole discretion of the Facility Agent, (ii) the Borrower, the Lenders, the applicable Incremental Lender(s) and Facility Agent shall enter an amendment and restatement of this Agreement to provide for the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a Commitment, the Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans made by it on such Incremental Commitment Effective Date pursuant to this Section shall be Loans, for all purposes of this Agreement.106

Terms of Incremental Commitments. The Lender Administrative Agent and the Borrower shall determine the effective date for such Incremental Facility increase pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day no more than three (3) at least 10 Business Days after delivery of the request for such Incremental Facility increase (unless otherwise approved by the Administrative Agent) and at least 30 days prior to the Maturity Date then in effectDate, provided further that the availability period for any Incremental Commitment consisting of a Revolving Loan Commitment shall end no later than Revolving Loan Availability Termination Date. In order to effect such Incremental Facilityincrease, the Borrower Borrower, the applicable Incremental Lender(s) and the Lender Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderAdministrative Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a CommitmentTerm Loan Commitment or Revolving Loan Commitment (and not a separate facility hereunder), the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Term Lender or a Revolving Lender, and the Loans made by it on such Incremental Commitment Effective Date pursuant to this Section shall be Loansas applicable, for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender Facility Agent and the Borrower shall determine the effective date for such Incremental Facility increase pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day no more than three (3) at least ten Business Days after delivery of the request for such Incremental 105 increase (unless otherwise approved by the Facility Agent) and at least 30 days prior to the Maturity Commitment Termination Date then in effect. In order to effect such Incremental Facilityincrease (i) the Borrower, the Borrower applicable Incremental Lender(s) and the Lender Facility Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderFacility Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s) or, at the sole discretion of the Facility Agent, (ii) the Borrower, the Lenders, the applicable Incremental Lender(s) and Facility Agent shall enter an amendment and restatement of this Agreement to provide for the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a CommitmentCommitment (and not a separate facility hereunder), the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section shall be LoansBorrowings, for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender Administrative Agent and the Borrower shall determine the effective date for such Incremental Facility pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such Incremental Commitments among the Persons providing such Incremental Facility; provided that such date shall be a Business Day no more than three (3) at least [ten]50 Business Days after delivery of the request for such Incremental Facility (unless otherwise approved by the Administrative Agent) and at least 30 [30] days prior to the Maturity Date then in effect. In order to effect such Incremental Facility, the Borrower Borrower, the applicable Incremental Lender(s) and the Lender Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderAdministrative Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a Commitment and Schedule 2.01 shall be updated accordingly to reflect such Incremental Commitment, the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section shall be Loans, for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender Facility Agent and the Borrower shall determine the effective date for such Incremental Facility increase pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day no more than three (3) at least ten Business Days after delivery of the request for such Incremental increase (unless otherwise approved by the Facility Agent) and at least 30 days prior to the Maturity Commitment Termination Date then in effect. In order to effect such Incremental Facilityincrease, the Borrower Borrower, the applicable Incremental Lender(s) and the Lender Facility Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderFacility Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a CommitmentCommitment (and not a separate facility hereunder), the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section shall be LoansBorrowings, for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender Facility Agent and the Borrower shall determine the effective date for such Incremental Facility increase pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day no more than three (3) at least ten Business Days after delivery of the request for such Incremental increase (unless otherwise approved by the Facility Agent) and at least 30 days prior to the Maturity Commitment Termination Date then in effect. In order to effect such Incremental Facilityincrease (i) 105 the Borrower, the Borrower applicable Incremental Lender(s) and the Lender Facility Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderFacility Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s) or, at the sole discretion of the Facility Agent, (ii) the Borrower, the Lenders, the applicable Incremental Lender(s) and Facility Agent shall enter an amendment and restatement of this Agreement to provide for the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a CommitmentCommitment (and not a separate facility hereunder), the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section shall be LoansBorrowings, for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender Administrative Agent and the Borrower shall determine the effective date for such Incremental Facility increase pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such increase among the Persons providing such increase; provided that such date shall be a Business Day no more than three (3) at least ten Business Days after delivery of the request for such Incremental Facility increase (unless otherwise approved by the Administrative Agent) and at least 30 days prior to the Maturity Commitment Termination Date then in effect. ny-2725048 In order to effect such Incremental Facilityincrease, the Borrower Borrower, the applicable Incremental Lender(s) and the Lender Administrative Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderAdministrative Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a CommitmentCommitment (and not a separate facility hereunder), the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans made by it on such Incremental Commitment Effective Date pursuant to this Section shall be Loans, for all purposes of this Agreement.

Terms of Incremental Commitments. The Lender Facility Agent and the Borrower shall determine the effective date for such Incremental Facility increase pursuant to this Section (an “Incremental Commitment Effective Date”)) and, if applicable, the final allocation of such increase among the 4136-0362-9413.10 Persons providing such increase; provided that such date shall be a Business Day no more than three (3) at least ten Business Days after delivery of the request for such Incremental increase (unless otherwise approved by the Facility Agent) and at least 30 days prior to the Maturity Commitment Termination Date then in effect. In order to effect such Incremental Facilityincrease (i) the Borrower, the Borrower applicable Incremental Lender(s) and the Lender Facility Agent (but no other Lenders or Persons) shall enter into one or more Joinder Agreements, each in form and substance satisfactory to the Borrower and the LenderFacility Agent, pursuant to which the Lender applicable Incremental Lender(s) will provide the Incremental Commitment(s) or, at the sole discretion of the Facility Agent, (ii) the Borrower, the Lenders, the applicable Incremental Lender(s) and Facility Agent shall enter an amendment and restatement of this Agreement to provide for the Incremental Commitment(s). Effective as of the applicable Incremental Commitment Effective Date, subject to the terms and conditions set forth in this Section, each Incremental Commitment shall be a CommitmentCommitment (and not a separate facility hereunder), the each Incremental Lender providing such Incremental Commitment shall be, and have all the rights of, a Lender, and the Loans Borrowings made by it on such Incremental Commitment Effective Date pursuant to paragraph (e) of this Section shall be LoansBorrowings, for all purposes of this Agreement.