Incremental Commitment Request Requirements definition

Incremental Commitment Request Requirements means, with respect to any request for an Incremental Commitment made pursuant to Section 2.14, the satisfaction of each of the following conditions on the date of such request: (x) no Default or Event of Default then exists or would result therefrom (for purposes of such determination, assuming the relevant Loans in an aggregate principal amount equal to the full amount of Incremental Commitments then requested had been incurred, and the proposed Permitted Acquisition (if any) to be financed with the proceeds of such Loans had been consummated, on such date or request) and all of the representations and warranties contained herein and in the other Credit Documents are true and correct in all material respects at such time (unless stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); and (y) the Credit Parties shall be in compliance with the covenant contained in Section 10.08 determined as if a Compliance Period is then in existence, calculating the Fixed Charge Coverage Ratio therein based on the four Fiscal Quarter period ended with the last Fiscal Quarter for which financial statements have been delivered pursuant to Section 9.01(b) on or prior to the date of the request for Incremental Commitments, on a Pro Forma Basis, as if the relevant Loans to be made pursuant to such Incremental Commitments (assuming the full utilization thereof) had been incurred, and the proposed Permitted Acquisition (if any) to be financed with the proceeds of such Loans (as well as other Permitted Acquisition theretofore consummated after the first day of such four Fiscal Quarter period) had occurred, on the first day of such four Fiscal Quarter period.
Incremental Commitment Request Requirements means, with respect to any request for an Incremental Commitment made pursuant to Section 1.13, the satisfaction of each of the following conditions on the date of such request: (i) no Default or Event of Default then exists or would result therefrom and (ii) all of the representations and warranties contained herein and in the other Credit Documents are true and correct in all material respects at such time (unless stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date).
Incremental Commitment Request Requirements means, with respect to any request for an Incremental Commitment made pursuant to Section 2.23, the satisfaction of each of the following conditions on the date of such request: (i) no Default or Event of Default then exists or would result therefrom; and (ii) all of the representations and warranties contained herein and in the other Credit Documents are true and correct in all material respects at such time (it being understood and agreed that (x) any representation or warranty which by its terms is made as of a specified date shall be required to be true and correct in all material respects only as of such specified date and (y) any representation or warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct in all respects on such date.

More Definitions of Incremental Commitment Request Requirements

Incremental Commitment Request Requirements means, with respect to any request for an Incremental Commitment made pursuant to Section 2.13, the satisfaction of each of the following conditions on the date of such request:
Incremental Commitment Request Requirements appearing in Section 1.01 of the Credit Agreement is hereby amended to read in its entirety as follows:
Incremental Commitment Request Requirements means, with respect to any request for an Incremental Commitment made pursuant to Section 1.15 the satisfaction of each of the following conditions on the date of such request: (i) no Default or Event of Default then exists or would result therefrom and all of the representations and warranties contained herein and in the other Credit Documents are true and correct in all material respects at such time (unless stated to relate to a specific earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date) and (ii) DBNY and its relevant affiliates shall have completed to their reasonable satisfaction the primary syndication of this Agreement (and resulting addition of Persons as Lenders pursuant to Section 13.04(b)) and shall have notified Exide U.S. that such syndication has been completed to their reasonable satisfaction.

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