The Borrower shall repay to the applicable Incremental Term Facility Lenders the aggregate amount of all Incremental Term Facility Loans made under an Incremental Term Facility at such times as may be set forth in the amendment or supplement to this Agreement executed in connection with such Incremental Term Facility.
The obligations of the Lenders hereunder to make Revolving Credit Loans and Incremental Term Facility Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 11.04(c) are several and not joint.
Section 2.05(a)(i) of the Credit Agreement is hereby amended by adding immediately prior to the last sentence thereof the following sentence: Notwithstanding anything to the contrary herein, upon the election of the Borrower in any such notice, provided that no Default then exists, any prepayment made pursuant to this Section 2.05(a)(i) may be applied in whole or in part to the prepayment of the 2012 Incremental Term Facility Loans without a pro rata prepayment of the Revolving Credit Loans.
Borrower shall use commercially reasonable efforts to obtain ratings from each of Moody's and S&P for the Term Facility Loans prior to the date that is 270 days after the Closing Date.
Except as set forth in this Agreement (including the Schedules hereto), the Extended Term Facility Loans shall otherwise be subject to the provisions of the Amended Credit Agreement and the other Credit Documents.