Incremental Amendment Sample Contracts

Contract
Incremental Amendment • May 9th, 2017 • Windstream Services, LLC • Telephone communications (no radiotelephone) • New York

THIRD TRANCHE B-6 INCREMENTAL AMENDMENT (this “Incremental Amendment”) dated as of February 27, 2017, to the Sixth Amended and Restated Credit Agreement originally dated as of July 17, 2006 and amended and restated as of April 24, 2015 (as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof, the “Existing Credit Agreement”; the Existing Credit Agreement as amended hereby, the “Amended Credit Agreement”) among Windstream Services, LLC, a Delaware limited liability company (the “Borrower”), the lenders party thereto, JPMorgan Chase Bank, N.A. (“JPMCB”), as administrative agent and collateral agent (in such capacities, the “Administrative Agent”), and the other agents party thereto.

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INCREMENTAL AMENDMENT
Incremental Amendment • May 25th, 2012 • Amc Entertainment Inc • Services-motion picture theaters • New York

INCREMENTAL AMENDMENT, dated as of February 22, 2012 (this “Incremental Amendment”), by and among AMC Entertainment Inc., a Delaware corporation (the “Borrower”), Citicorp North America, Inc. as Administrative Agent (in such capacity, the “Administrative Agent”) under the Credit Agreement (as defined below) and Citicorp North America, Inc., as the Initial Term B-3 Lender (as defined below) and the other Loan Parties hereto.

INCREMENTAL AMENDMENT
Incremental Amendment • November 24th, 2010 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • New York

This amendment (this “Incremental Amendment”), dated as of April 22, 2010 is entered into among Radiation Therapy Services, Inc., (as successor to RTS Merger Co., Inc.), a Florida corporation (“Borrower”), Radiation Therapy Services Holdings, Inc., a Delaware Corporation (“Parent”), the Subsidiaries of the Borrower identified as “Guarantors” on the signature pages hereto (the “Subsidiary Guarantors” and, together with Parent, the “Guarantors”), Bank of America, N.A., as Incremental Revolving Lender (the “Incremental Revolving Lender”) and Wells Fargo Bank, N.A. (formerly known as Wachovia Bank, National Association), in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and amends the Credit Agreement dated as of February 21, 2008 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) entered into among the Borrower, the institutions from time to time party thereto as Lenders (the “Lenders”), the Admin

INCREMENTAL AMENDMENT
Incremental Amendment • February 4th, 2015 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York

This INCREMENTAL AMENDMENT (this “Amendment”) is dated as of June 18, 2013 (the “Incremental Amendment Effective Date”) and entered into by and among AVENTINE RENEWABLE ENERGY HOLDINGS, INC., a Delaware corporation (“Borrower”), each of the Lenders listed on the signature pages hereto, and acknowledged by CITIBANK, N.A., (“Citibank”), as administrative agent (in such capacity, “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent” and together with the Administrative Agent, each an “Agent” and collectively, the “Agents”). Capitalized terms used but not defined herein have the meanings given them in the Credit Agreement, hereinafter defined.

INCREMENTAL AMENDMENT
Incremental Amendment • November 5th, 2015 • Gramercy Property Trust Inc. • Real estate investment trusts • New York

This INCREMENTAL AMENDMENT, dated as of July 17, 2015 (this “Incremental Amendment”), is by and among GPT PROPERTY TRUST LP, a Delaware limited partnership (the “Borrower”), the Lenders party hereto and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (the “Administrative Agent”). Reference is made to that certain Revolving Credit and Term Loan Agreement, dated as of June 9, 2014 (as amended, modified, restated and supplemented, the “Credit Agreement”), by and among the Borrower, the Lenders referenced therein and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.

INCREMENTAL AMENDMENT
Incremental Amendment • November 7th, 2012 • Prestige Brands Holdings, Inc. • Pharmaceutical preparations • New York

This amendment (this “Incremental Amendment”), dated as of September 12, 2012 is entered into among Prestige Brands, Inc., a Delaware corporation (“Borrower”), Prestige Brands Holdings, Inc., a Delaware corporation (“Holdings”), the Subsidiaries of the Borrower identified as “Guarantors” on the signature pages hereto (the “Subsidiary Guarantors” and, together with Holdings, the “Guarantors”), the Incremental Lenders (as defined below) signatory hereto and Citibank, N.A., in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), and in its capacity as L/C Issuer and Swing Line Lender and amends that certain ABL Credit Agreement dated as of January 31, 2012 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) entered into among the Borrower, the institutions from time to time party thereto as Lenders (the “Lenders”), the Administrative Agent, L/C Issuer and the other agents and arrangers named therein. Ca

INCREMENTAL AMENDMENT Dated as of May 29, 2008 among WRIGHT EXPRESS CORPORATION, as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, The Incremental Lenders Party Hereto, BANC OF AMERICA SECURITIES LLC...
Incremental Amendment • June 3rd, 2008 • Wright Express CORP • Services-automotive repair, services & parking • New York

This Incremental Amendment, dated as of May 29, 2008 (this “Incremental Amendment”), is delivered pursuant to Section 2.14(b) of the Credit Agreement, dated as of May 22, 2007 (as amended from time to time, the “Credit Agreement”), among WRIGHT EXPRESS CORPORATION, a Delaware corporation (the “Borrower”), each lender from time to time party thereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer (in its capacity as administrative agent, the “Administrative Agent”). Capitalized terms not defined herein shall have the meanings given to such terms in the Credit Agreement.

INCREMENTAL AMENDMENT
Incremental Amendment • January 25th, 2019 • Twin River Worldwide Holdings, Inc. • Hotels & motels • New York

THIS INCREMENTAL AMENDMENT (this “Incremental Amendment”) is entered into as of June 7, 2016, among TWIN RIVER MANAGEMENT GROUP, INC., a Delaware corporation (the “Borrower”), TWIN RIVER WORLDWIDE HOLDINGS, INC., a Delaware corporation (“Holdings”), each of the Subsidiary Guarantors (as defined in the Credit Agreement described below), each of the financial institutions party hereto as lenders, and DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not defined in this Incremental Amendment have the meanings given them in the Credit Agreement (defined below).

INCREMENTAL AMENDMENT
Incremental Amendment • January 22nd, 2015 • Travelport Worldwide LTD • Transportation services • New York

This INCREMENTAL AMENDMENT, dated as of January 16, 2015 (this “Agreement”), among TRAVELPORT FINANCE (LUXEMBOURG) S.À R.L., a private limited liability company (société à responsabilité limitée) incorporated and existing under the laws of Luxembourg, registered with the Luxembourg Trade and Companies Register under number RCS B B151012, having its registered office at 2-4, rue Eugène Ruppert, L-2453 Luxembourg and with a share capital of USD 180,000 (the “Borrower”), TRAVELPORT LIMITED, a company incorporated under the laws of Bermuda (“Holdings”), UBS AG, STAMFORD BRANCH, as an incremental revolving credit lender (the “Incremental Revolving Credit Lender”) and as the Additional L/C Issuer (as defined below), DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent and as Collateral Agent, and consented and agreed to by DEUTSCHE BANK AG NEW YORK BRANCH, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH and MORGAN STANLEY SENIOR FUNDING, INC., as the existing L/C Issuers.

INCREMENTAL AMENDMENT
Incremental Amendment • November 24th, 2010 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • New York

This amendment (this “Incremental Amendment”), dated as of April 22, 2010 is entered into among Radiation Therapy Services, Inc., (as successor to RTS Merger Co., Inc.), a Florida corporation (“Borrower”), Radiation Therapy Services Holdings, Inc., a Delaware Corporation (“Parent”), the Subsidiaries of the Borrower identified as “Guarantors” on the signature pages hereto (the “Subsidiary Guarantors” and, together with Parent, the “Guarantors”), Barclays Bank PLC, as Incremental Revolving Lender (the “Incremental Revolving Lender”) and Wells Fargo Bank, N.A. (formerly known as Wachovia Bank, National Association), in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and amends the Credit Agreement dated as of February 21, 2008 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) entered into among the Borrower, the institutions from time to time party thereto as Lenders (the “Lenders”), the Administr

INCREMENTAL AMENDMENT
Incremental Amendment • October 28th, 2021 • Northwest Pipe Co • Steel pipe & tubes • New York

This INCREMENTAL AMENDMENT, dated as of October 22, 2021 (this “Amendment”), is by and among NORTHWEST PIPE COMPANY, an Oregon corporation (“Administrative Borrower”), NWPC, LLC, a Delaware limited liability company (“NWPC”), GENEVA PIPE AND PRECAST COMPANY, a Utah corporation (“Geneva”), PARK ENVIRONMENTAL EQUIPMENT, LLC, a Texas limited liability company (“New Borrower” or “Park”, and together with Administrative Borrower, NWPC and Geneva, each a “Borrower” and jointly and severally as, the “Borrowers”), the other Credit Parties party hereto (“Reaffirming Guarantors”), each of the financial institutions with an Additional Revolving Commitment (as defined below) party hereto (the “Incremental Lenders” and each an “Incremental Lender”), each of the other Lenders party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, the “Administrative Agent”), Swingline Lender and Issuing Lender. Capitalized terms used herein and not otherwise defined here

INCREMENTAL AMENDMENT
Incremental Amendment • March 29th, 2019 • Twin River Worldwide Holdings, Inc. • Hotels & motels • New York

THIS INCREMENTAL AMENDMENT (this “Incremental Amendment”) is entered into as of March 26, 2019, among TWIN RIVER MANAGEMENT GROUP, INC., a Delaware corporation (the “Borrower”), TWIN RIVER WORLDWIDE HOLDINGS, INC., a Delaware corporation (“Holdings”), each of the Subsidiary Guarantors (as defined in the Credit Agreement described below), each of the financial institutions party hereto as lenders, and DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not defined in this Incremental Amendment have the meanings given them in the Credit Agreement (defined below).

INCREMENTAL AMENDMENT
Incremental Amendment • October 3rd, 2011 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • New York

This amendment (this “Incremental Amendment”), dated as of September 30, 2011 is entered into among Radiation Therapy Services, Inc., a Florida corporation (“Borrower”), Radiation Therapy Services Holdings, Inc., a Delaware corporation (“Parent”), the Subsidiaries of the Borrower identified as “Guarantors” on the signature pages hereto (the “Subsidiary Guarantors” and, together with Parent, the “Guarantors”), the Incremental Revolving Lender signatory hereto and Wells Fargo Bank, National Association, in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and amends the Credit Agreement dated as of February 21, 2008 (as such credit agreement has been amended by Amendment No. 1 to the Credit Agreement, Amendment No. 2 to the Credit Agreement and Amendment No. 3 to the Credit Agreement on August 15, 2008, April 1, 2010 and May 3, 2010, respectively and as amended and restated on September 29, 2011, the “Credit Agreement”) entered into among

Contract
Incremental Amendment • February 26th, 2016 • Roper Technologies Inc • Industrial instruments for measurement, display, and control • New York

INCREMENTAL AMENDMENT (this "Amendment"), dated as of October 28, 2015, among ROPER TECHNOLOGIES, INC. (f/k/a ROPER INDUSTRIES, INC.) (the "Parent Borrower"), the Lenders party hereto (collectively, the "Incremental Lenders"), JPMORGAN CHASE BANK, N.A., as administrative agent (the "Administrative Agent") to the Credit Agreement, dated as of July 27, 2012 (as amended, supplemented, amended and restated or otherwise modified from time to time, the "Credit Agreement"), among the Parent Borrower, ROPER INDUSTRIES LIMITED, ROPER INDUSTRIES UK LIMITED, ROPER LUXEMBOURG HOLDINGS S.À.R.L. (each a Foreign Subsidiary Borrower and together with the Parent Borrower, the "Borrowers"), the Lenders from time to time party thereto, the Administrative Agent and the other parties thereto from time to time. Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement (as amended hereby).

INCREMENTAL AMENDMENT
Incremental Amendment • January 25th, 2019 • Twin River Worldwide Holdings, Inc. • Hotels & motels • New York

THIS INCREMENTAL AMENDMENT (this “Incremental Amendment”) is entered into as of October 14, 2016, among TWIN RIVER MANAGEMENT GROUP, INC., a Delaware corporation (the “Borrower”), TWIN RIVER WORLDWIDE HOLDINGS, INC., a Delaware corporation (“Holdings”), each of the Subsidiary Guarantors (as defined in the Credit Agreement described below), each of the financial institutions party hereto as lenders, and DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not defined in this Incremental Amendment have the meanings given them in the Credit Agreement (defined below).

INCREMENTAL AMENDMENT
Incremental Amendment • September 22nd, 2014 • Intrawest Resorts Holdings, Inc. • Services-miscellaneous amusement & recreation • New York

This INCREMENTAL AMENDMENT, dated as of September 19, 2014 (this “Amendment”), to the Credit Agreement referred to below is made among INTRAWEST OPERATIONS GROUP HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), INTRAWEST OPERATIONS GROUP, LLC, a Delaware limited liability company (the “Borrower”), the Lenders (as defined in the Credit Agreement referred to below; capitalized terms used but not defined herein shall have the meanings assigned to them in the Credit Agreement) or other Persons agreeing to provide the Incremental Term Loans provided for herein and GOLDMAN SACHS LENDING PARTNERS LLC, as administrative agent (in such capacity, the “Administrative Agent”).

INCREMENTAL AMENDMENT
Incremental Amendment • August 2nd, 2016 • Global Eagle Entertainment Inc. • Communications services, nec • New York

THIS INCREMENTAL AMENDMENT, dated as of June 29, 2016 (this “Agreement”), is made by and among (i) EMERGING MARKETS COMMUNICATIONS, LLC, a Delaware limited liability company (the “Borrower”), (ii) EMC ACQUISITION, LLC, a Delaware limited liability company (“Holdings”), and the other Guarantors party hereto, (iii) THE TORONTO-DOMINION BANK, NEW YORK BRANCH (the “Incremental Revolving Credit Lender”), and (iv) MORGAN STANLEY SENIOR FUNDING, INC., as administrative agent (in such capacity, the “Administrative Agent”).

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