Incremental Commitment Agreement Sample Contracts

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Kar Auction Services Inc – INCREMENTAL COMMITMENT AGREEMENT AND SECOND AMENDMENT Dated as of May 31, 2017 (May 31st, 2017)

THIS AMENDED AND RESTATED CREDIT AGREEMENT, amended and restated as of March 11, 2014 and, amended by that certain First Amendment Agreement as of March 9, 2016 and amended by that certain Second Amendment Agreement as of May 31, 2017 (as amended, supplemented, restated or otherwise modified from time to time, this Agreement), is by and among, KAR Auction Services, Inc., a Delaware corporation (the Borrower), the several banks and other financial institutions or entities from time to time parties to this Agreement (the Lenders) and JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the Administrative Agent).

Kar Auction Services Inc – INCREMENTAL COMMITMENT AGREEMENT AND FIRST AMENDMENT Dated as of March 9, 2016 (March 9th, 2016)

THIS AMENDED AND RESTATED CREDIT AGREEMENT, amended and restated as of March 11, 2014 and amended by that certain First Amendment Agreement as of March 9, 2016 (as amended, supplemented, restated or otherwise modified from time to time, this "Agreement"), is by and among, KAR Auction Services, Inc., a Delaware corporation (the "Borrower"), the several banks and other financial institutions or entities from time to time parties to this Agreement (the "Lenders") and JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the "Administrative Agent").

American Midstreampartners Lp – First Amendment and Incremental Commitment Agreement (September 21st, 2015)

THIS FIRST AMENDMENT AND INCREMENTAL COMMITMENT AGREEMENT (this "Amendment") dated as of September 18, 2015, is by and among AMERICAN MIDSTREAM, LLC, a Delaware limited liability company (the "AMID Borrower"), BLACKWATER INVESTMENTS, INC., a Delaware corporation (the "Blackwater Borrower" and together with the AMID Borrower, the "Borrowers"), AMERICAN MIDSTREAM PARTNERS, LP, a Delaware limited partnership ("Parent"), BANK OF AMERICA, N.A., as administrative agent (in such capacity, together with its successors in such capacity, the "Administrative Agent") for the lenders party to the Credit Agreement referred to below (the "Existing Lenders"), and the other several banks and other financial institutions signatories hereto (the "New Lenders").

INCREMENTAL COMMITMENT AGREEMENT Dated as of August 11, 2015, Made by the INCREASING Lenders Party Hereto, as Increasing Lenders Relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT Dated as of May 8, 2014, Among ALCENTRA CAPITAL CORPORATION, as Borrower, the Lenders Parties Thereto, and ING CAPITAL LLC, as Administrative Agent and Collateral Agent (August 12th, 2015)

INCREMENTAL COMMITMENT AGREEMENT (this "Agreement"), dated as of August 11, 2015 and effective as of the Effective Date, by and among ALCENTRA CAPITAL CORPORATION (the "Borrower"), ALCENTRA BDC EQUITY HOLDINGS, LLC (the "Subsidiary Guarantor"), ING CAPITAL LLC, in its capacity as Administrative Agent (the "Administrative Agent"), and each of the banks and other financial institutions listed on Schedule 1 hereto, as increasing lenders (each an "Increasing Lender"), relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of May 8, 2014 (as amended by that certain Amendment No. 1 to Credit Agreement, dated as of December 19, 2014, that certain Amendment No. 2 to Credit Agreement, dated as of January 13, 2015, that certain Amendment No. 3 to Credit Agreement, dated as of the date hereof and as further amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among the Borrower, the Administrative Agent and the several banks and other financial inst

Targa Resources Partners LP – First Amendment, Waiver and Incremental Commitment Agreement (February 26th, 2015)

This FIRST AMENDMENT, WAIVER AND INCREMENTAL COMMITMENT AGREEMENT, dated as of February 23, 2015 (this Agreement), is entered into by and among TARGA RESOURCES PARTNERS LP, a Delaware limited partnership (the Borrower), each other Loan Party party hereto, BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the Administrative Agent), Collateral Agent (in such capacity, the Collateral Agent), Swing Line Lender and L/C Issuer, the several banks and other financial institutions signatories hereto (collectively, the Signing Lenders) and each Hedging Party party hereto. Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Credit Agreement (as defined below).

Energy Transfer Equity – Amendment and Incremental Commitment Agreement No. 3 (February 17th, 2015)

AMENDMENT AND INCREMENTAL COMMITMENT AGREEMENT NO. 3 (this "Agreement") dated as of February 10, 2015 is among Energy Transfer Equity, L.P., a Delaware limited partnership (the "Borrower"), the Restricted Persons party hereto, the several banks and other financial institutions signatories hereto (the "Incremental Commitment Lenders"), and Credit Suisse AG, Cayman Islands Branch, as Administrative Agent for the Lenders (the "Administrative Agent").

INCREMENTAL COMMITMENT AGREEMENT Dated as of December 19, 2014, Made by the INCREASING Lenders Party Hereto, as Increasing Lenders Relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT Dated as of May 8, 2014, Among ALCENTRA CAPITAL CORPORATION, as Borrower, the Lenders Parties Thereto, and ING CAPITAL LLC, as Administrative Agent and Collateral Agent (December 29th, 2014)

INCREMENTAL COMMITMENT AGREEMENT (this "Agreement"), dated as of December 19, 2014 and effective as of the Effective Date, by and among ALCENTRA CAPITAL CORPORATION (the "Borrower"), ALCENTRA BDC EQUITY HOLDINGS, LLC (the "Subsidiary Guarantor"), ING CAPITAL LLC, in its capacity as Administrative Agent (the "Administrative Agent"), and each of the banks and other financial institutions listed on Schedule 1 hereto, as increasing lenders (each an "Increasing Lender"), relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of May 8, 2014 (as amended by that certain Amendment No. 1 to Credit Agreement, dated as of December 19, 2014, and as further amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among the Borrower, the Administrative Agent and the several banks and other financial institutions or entities from time to time party to the Credit Agreement.

FIDUS INVESTMENT Corp – INCREMENTAL COMMITMENT AGREEMENT Dated as of December 19, 2014, Made by THE INCREASING LENDER PARTY HERETO, as the Increasing Lender Relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT Dated as of June 16, 2014, Among FIDUS INVESTMENT CORPORATION, as Borrower, the Lenders Parties Thereto, and ING CAPITAL LLC, as Administrative Agent, Arranger and Bookrunner (December 22nd, 2014)

INCREMENTAL COMMITMENT AGREEMENT (this Agreement), dated as of December 19, 2014 and effective as of the Effective Date, by and among FIDUS INVESTMENT CORPORATION (the Borrower), FIDUS INVESTMENT HOLDINGS, INC. (the Subsidiary Guarantor) ING CAPITAL LLC, in its capacity as Administrative Agent (the Administrative Agent), and the financial institution listed on Schedule 1 hereto, as the increasing lender (the Increasing Lender), relating to the SENIOR SECURED REVOLVING CREDIT AGREEMENT, dated as of June 16, 2014 (as may be amended, supplemented or otherwise modified from time to time, the Credit Agreement), among the Borrower, the Administrative Agent and the several banks and other financial institutions or entities from time to time party to the Credit Agreement.

INCREMENTAL COMMITMENT AGREEMENT DEUTSCHE BANK AG NEW YORK BRANCH 60 Wall Street New York, New York 10005 BARCLAYS 745 Seventh Avenue New York, New York 10019 (December 11th, 2014)

Reference is hereby made to the ABL Credit Agreement, dated as of February 22, 2012, among Mobile Mini, Inc. (US Company), the other Borrowers and Guarantors from time to time party thereto, the lenders from time to time party thereto (the Lenders) and Deutsche Bank AG New York Branch, as Administrative Agent (the Administrative Agent) (as amended, restated, modified or supplemented from time to time, the Credit Agreement). Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings set forth in the Credit Agreement. Each Lender (each an Incremental Lender) party to this letter agreement (this Agreement) hereby severally agrees to provide the Incremental Commitment set forth opposite its name on Annex I attached hereto (for each such Incremental Lender, its Incremental Commitment). Each Incremental Commitment provided pursuant to this Agreement shall be subject to all of the terms and conditions set forth in the Credit Agreement, including, without

Triangle Petroleum Corp. – Amendment No. 1 to Credit Agreement and Incremental Commitment Agreement (November 19th, 2014)

This AMENDMENT NO. 1 TO CREDIT AGREEMENT AND INCREMENTAL COMMITMENT AGREEMENT (this Amendment) dated as of November 13, 2014, is among ROCKPILE ENERGY SERVICES, LLC, a Delaware limited liability company (the Borrower), the persons named as Guarantors on the signature pages of this Amendment, the banks and other financial institutions signatories hereto (the Lenders), and CITIBANK, N.A., a national banking association, as Administrative Agent and Collateral Agent for the Lenders (in such capacities, the Administrative Agent).

Energy Transfer Equity – Amendment and Incremental Commitment Agreement No. 2 (August 7th, 2014)

AMENDMENT AND INCREMENTAL COMMITMENT AGREEMENT NO. 2 (this "Agreement") dated as of May 6, 2014 is among Energy Transfer Equity, L.P., a Delaware limited partnership (the "Borrower"), the Restricted Persons party hereto, the several banks and other financial institutions signatories hereto (the "Incremental Commitment Lenders"), and Credit Suisse AG, Cayman Islands Branch, as Administrative Agent for the Lenders (the "Administrative Agent").

Incremental Commitment Agreement (July 9th, 2014)

Reference is hereby made to the Credit Agreement, dated as of March 29, 2011, among EnerSys (the "Borrower"), the lenders from time to time party thereto (the "Lenders"), Wells Fargo Bank, National Association, as Syndication Agent, RB International Finance (USA) LLC and PNC Bank, National Association, as Co-Documentation Agents and Co-Managers, and Bank of America, N.A., as Administrative Agent (the "Administrative Agent") (as amended, modified and/or supplemented from time to time, the "Credit Agreement"). Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings set forth in the Credit Agreement.

Physicians Realty Trust – Third Incremental Commitment Agreement and Fourth Amendment to Credit Agreement (June 23rd, 2014)

THIS THIRD INCREMENTAL COMMITMENT AGREEMENT AND FOURTH AMENDMENT TO CREDIT AGREEMENT (this Agreement) is made and entered into as of this 20th day of June, 2014 by and among PHYSICIANS REALTY L.P., a Delaware limited partnership (the Borrower), PHYSICIANS REALTY TRUST, a Maryland real estate investment trust (the Parent), the other Guarantors party hereto, the Lenders party hereto, and REGIONS BANK, as Administrative Agent for the benefit of the Lenders (in such capacity, the Administrative Agent), as Issuing Bank and as Swingline Lender.

Physicians Realty Trust – Second Incremental Commitment Agreement and Third Amendment to Credit Agreement (February 25th, 2014)

THIS SECOND INCREMENTAL COMMITMENT AGREEMENT AND THIRD AMENDMENT TO CREDIT AGREEMENT (this Agreement) is made and entered into as of this 21st day of February, 2014 by and among PHYSICIANS REALTY L.P., a Delaware limited partnership (the Borrower), PHYSICIANS REALTY TRUST, a Maryland real estate investment trust (the Parent), the other Guarantors party hereto, the Lenders party hereto, and REGIONS BANK, as Administrative Agent for the benefit of the Lenders (in such capacity, the Administrative Agent), as Issuing Bank and as Swingline Lender.

Incremental Commitment Agreement Nordea Bank Finland Plc, New York Branch (July 25th, 2013)

Reference is hereby made to that certain Credit Agreement, dated as of May 6, 2011, as amended as of November 23, 2011, as further amended on January 18, 2012 and as further amended on August 24, 2012, among Atwood Oceanics, Inc., a Texas corporation (the Parent), Atwood Offshore Worldwide Limited, a company formed under the laws of the Cayman Islands (the Borrower), the lenders from time to time party thereto (the Lenders) and Nordea Bank Finland plc, New York Branch, as Administrative Agent (in such capacity, the Administrative Agent) (as may be further amended, restated, amended and restated, supplemented or otherwise modified from time to time, the Credit Agreement). Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings set forth in the Credit Agreement.

Incremental Commitment Agreement (Tranche C Term Facility) (November 9th, 2012)

INCREMENTAL COMMITMENT AGREEMENT, dated as of August 15, 2012 (this Agreement), among AVIS BUDGET HOLDINGS, LLC (Holdings), AVIS BUDGET CAR RENTAL, LLC (the Borrower), the Tranche C Term Lenders (as defined below) and JPMORGAN CHASE BANK, N.A., as administrative agent (the Administrative Agent). J.P. MORGAN SECURITIES LLC, BANK OF AMERICA MERRILL LYNCH, BARCLAYS CAPITAL and DEUTSCHE BANK SECURITIES are acting as joint lead arrangers and bookrunners in connection with the Tranche C Term Loans referred to below.

Endeavor International Corporation – INCREMENTAL COMMITMENT AGREEMENT Whitebox Credit Arbitrage Partners, LP, Pandora Select Partners, LP and Whitebox Multi-Strategy Partners, LP (November 8th, 2012)
Endeavor International Corporation – INCREMENTAL COMMITMENT AGREEMENT Farallon Capital Partners, L.P. Farallon Capital Institutional Partners, L.P. Farallon Capital Institutional Partners II, L.P. Farallon Capital Institutional Partners III, L.P. C/O Farallon Capital Management, L.L.C. One Maritime Plaza, Suite 2100 San Francisco, CA 94111 (November 8th, 2012)
INCREMENTAL COMMITMENT AGREEMENT Dated as of August 9, 2012, Among WATERS CORPORATION, as Borrower, the Subsidiary Guarantors Party Hereto, the Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, HSBC BANK USA, NATIONAL ASSOCIATION, RBS CITIZENS, N.A. And THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as Joint Lead Arrangers and Joint Bookrunners, and BANK OF AMERICA, N.A., HSBC BANK USA, NATIONAL ASSOCIATION, RBS CITIZENS, N.A. And THE BANK OF TOKYO- MITSUBISHI UFJ, LTD., as Syndication Agents (November 2nd, 2012)

INCREMENTAL COMMITMENT AGREEMENT dated as of August 9, 2012 (this Agreement), among WATERS CORPORATION, a Delaware corporation (the Company), the Subsidiary Guarantors party hereto, the INCREMENTAL REVOLVING LENDERS (as defined below) party hereto and JPMorgan Chase Bank, N.A. (JPMCB), in its capacity as Administrative Agent under the Credit Agreement referred to below.

INCREMENTAL COMMITMENT AGREEMENT Dated as of September 24, 2012, Among AETNA INC., as Borrower, the Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent (September 27th, 2012)

INCREMENTAL COMMITMENT AGREEMENT dated as of September 24, 2012 (this "Agreement"), among AETNA INC., a Pennsylvania corporation (the "Borrower"), the AUGMENTING LENDERS (as defined below) and other Lenders party hereto and JPMorgan Chase Bank, N.A. ("JPMCB"), in its capacity as Agent under the Credit Agreement referred to below.

Incremental Commitment Agreement (April 30th, 2012)

Reference is hereby made to the Credit Agreement, dated as of January 29, 2010 (as amended from time to time, the "Credit Agreement," capitalized terms defined therein being used herein as therein defined), among Vanguard Health Holding Company I, LLC, Vanguard Health Holding Company II, LLC (the "Borrower"), the lenders from time to time party thereto, Bank of America, N.A., as Administrative Agent, and the other parties thereto.

INCREMENTAL COMMITMENT AGREEMENT Deutsche Bank Trust Company Americas Flagstar Bank, FSB (February 8th, 2012)

Reference is hereby made to the ABL Credit Agreement, dated as of July 29, 2010, among Accuride Corporation ("Borrower"), each U.S. Subsidiary of the Borrower set forth on the signature pages thereto (together with the Borrower and any other entity that becomes a Co-Borrower pursuant to a joinder agreement, collectively, the "Co-Borrowers" and each, a "Co-Borrower"), the lenders from time to time party thereto (the "Lenders"), Deutsche Bank Securities Inc. ("DBSI") and Credit Suisse Securities (USA) LLC ("Credit Suisse") as joint lead arrangers and joint book runners (in such capacity, the "Lead Arrangers") for the Lender Parties, Deutsche Bank Trust Company Americas ("DBTCA"), as administrative agent and security agent for the Secured Parties (in such capacity, the "Administrative Agent"), DBTCA, SunTrust Bank and Wells Fargo Capital Finance, LLC as co-collateral agents (in such capacity, collectively the "Co-Collateral Agents" and each a "Co-Collateral Agent"), Credit Suisse, as synd

Cvr Energy Inc. – INCREMENTAL COMMITMENT AGREEMENT Deutsche Bank Trust Company Americas Barclays Bank PLC the Royal Bank of Scotland PLC SunTrust Bank Wells Fargo Bank, N.A. JP Morgan Chase Bank, N.A. PNC Bank, N.A. Capital One, N.A. Comerica Bank Flagstar Bank, FSB City National Bank (December 19th, 2011)

Reference is hereby made to the ABL Credit Agreement, dated as of February 22, 2011, among Coffeyville Pipeline, Inc., Coffeyville Refining & Marketing, Inc., Coffeyville Nitrogen Fertilizers, Inc., Coffeyville Crude Transportation, Inc., Coffeyville Terminal, Inc., CL JV Holdings, LLC, Coffeyville Resources, LLC (the Company), Coffeyville Resources Refining & Marketing, LLC, Coffeyville Resources Pipeline, LLC, Coffeyville Resources Crude Transportation, LLC, Coffeyville Resources Terminal, LLC, certain other Subsidiaries of the Holding Companies and the Company from time to time party thereto, the lenders from time to time party thereto, Deutsche Bank Trust Company Americas, JPMorgan Chase Bank, N.A. and Wells Fargo Capital Finance, LLC, as Co-ABL Collateral Agents, and Deutsche Bank Trust Company Americas, as Administrative Agent and Collateral Agent (as amended, restated, modified or supplemented from time to time, the Credit Agreement). Unless otherwise defined herein, capitalized

Incremental Commitment Agreement (May 10th, 2011)

This INCREMENTAL COMMITMENT AGREEMENT, dated as of May 10, 2011 (this Incremental Agreement), by and among METROPCS WIRELESS, INC., a Delaware corporation (the Borrower), the Guarantors, the financial institutions signatory hereto (the Incremental Lenders) and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (in such capacity and together with its successors in such capacity, the Administrative Agent).

INCREMENTAL COMMITMENT AGREEMENT Bank of America, N.A. KeyBank National Association Comerica Bank Regions Bank Bank of Arizona N.A. Capital One Leverage Finance Corp. (March 27th, 2008)

Ahern Rentals, Inc., as Borrower under the Loan and Security Agreement referred to below 4241 S. Arville Street Las Vegas, Nevada 89103 Attention: Chief Financial Officer

RCN Corporation – Incremental Commitment Agreement (November 19th, 2007)

Reference is hereby made to the Credit Agreement, dated as of May 25, 2007 (as amended, modified, restated or supplemented from time to time, the Credit Agreement), among RCN Corporation (the Borrower or you), the lenders from time to time party thereto (the Lenders) and Deutsche Bank Trust Company Americas, as Administrative Agent (in such capacity, together with any successor administrative agent, the Administrative Agent). Unless otherwise defined herein, capitalized terms used herein shall have the meanings set forth in the Credit Agreement.

Ameristar Casinos – Incremental Commitment Agreement (September 21st, 2007)

Reference is hereby made to the Credit Agreement, dated as of November 10, 2005 (as amended, modified or supplemented from time to time, the Credit Agreement), among Ameristar Casinos, Inc. (the Borrower), the lenders from time to time party thereto (the Lenders), Wells Fargo Bank, N.A., as Syndication Agent (the Syndication Agent), Deutsche Bank Securities Inc. and Wells Fargo Bank, N.A., as Joint Lead Arrangers (the Lead Arrangers), and Deutsche Bank Trust Company Americas, as Administrative Agent (the Administrative Agent). Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings set forth in the Credit Agreement.

Ameristar Casinos – Second Incremental Commitment Agreement (December 23rd, 2004)

Reference is hereby made to the Credit Agreement, dated as of December 20, 2000 (as amended, modified or supplemented from time to time, the Credit Agreement), among Ameristar Casinos, Inc. (the Borrower), the lenders from time to time party thereto (the Lenders), and Deutsche Bank Trust Company Americas (f/k/a Bankers Trust Company), as Administrative Agent (the Administrative Agent). Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings set forth in the Credit Agreement.