Addition of Lenders. With the prior written consent of the Administrative Agent in its sole discretion, at the request of one or more Borrowers, a new lender may join the Credit Facility as a Lender by delivering a Lender Joinder Agreement to the Administrative Agent, and such new Lender shall assume all rights and obligations of a Lender under this Credit Agreement and the other Loan Documents; provided that:
Addition of Lenders. In accordance with Section 2.14, at the request of the Borrowers, a new lender may join the Credit Facility as a Lender by delivering a Lender Joinder Agreement to the Administrative Agent, and such new Lender shall assume all rights and obligations of a Lender under this Credit Agreement and the other Loan Documents; provided that:
Addition of Lenders. The Borrower may, with written notice to the Administrative Agent and each Lender, add additional Persons as Lenders or cause an existing Lender to increase its Commitment; provided, however, that the Commitment of any existing Lender may only be increased with the prior written consent of such Lender. Each new Lender shall become a party hereto, by executing and delivering to the Administrative Agent and the Borrower, an assumption agreement (each, an “Assumption Agreement”) in the form of Exhibit D hereto.
Addition of Lenders. From time to time upon written request of the Trust addressed to the Liquidity Agent, the Trust may request that one or more bank(s) or other financial institution(s) having a long term unsecured debt rating of AA (low) or higher or a short term unsecured debt rating of R-1 (middle) or higher (or the equivalent ratings) by the Rating Agency be added as parties to this agreement with the (respective) Lender's Commitment(s) specified in the request. If such bank(s) or other financial institution(s) are acceptable to each of the Trust, the Liquidity Agent and the Rating Agency, this agreement will be amended to add such bank(s) or other financial institution(s) as Lender(s) with the (respective) Lender's Commitment(s) as may be agreed. Each additional Lender shall have the same rights and obligations had it been an original signatory to this agreement (except with respect to standby fees which may be different for different Lenders as specified in the agreements entered into between the Trust and the Liquidity Agent as specified in Section 5.1). For greater certainty, should the Liquidity Agent be holding any Notes for the benefit of the Lenders which have been purchased under this agreement at the time such bank(s) or other financial institution(s) becomes (or become) a Lender(s) under this agreement, the Liquidity Agent shall hold such Notes for the benefit of all the Lenders, including the additional Lender(s), pro rata (based on the respective Lender's Commitments after the addition of such bank(s) or other financial institution(s)). In such event, the additional Lender(s) shall pay to the Liquidity Agent, for distribution to the other Lenders pro rata (based on the respective Lender's Commitments of such other Lenders after the addition of such bank(s) or other financial institution(s)), an amount equal to the pro rata share (determined as provided above) of the additional Lender(s) in such Notes. The addition of bank(s) or other financial institution(s) shall become effective when the additional bank(s) or other financial institution(s) execute an agreement in a form satisfactory to the Trust and the Liquidity Agent agreeing to be bound by the terms of this agreement. Effective upon the date of such agreement, Schedule 1 hereto shall be amended to reflect the additional Lender(s) and the Lender's Commitment of each additional Lender, and the Liquidity Agent shall amend its books of account accordingly.
Addition of Lenders. Subject to Section 2.6 hereof, at the request of the Borrower, a new lender may join this Agreement as a Lender by delivering a lender joinder agreement to Borrower in substantially the form of Exhibit G, and such new Lender shall assume all rights and obligations of a Lender under this Agreement and the other Loan Documents; provided that:
Addition of Lenders. If the Borrowers shall request an increase in the Commitment Amount and all of the existing Lenders approve the increase of the Commitment Amount but do not want to commit for such increase for their own accounts, then, with the approval of all Lenders, new Lenders may be admitted under this Agreement. The aggregate amount of the Commitments of such new Lenders shall not exceed the lesser of (a) the addition to the Commitment Amount, or (b) the portion of the addition to the Commitment Amount that the existing Lenders do not want to take for their own accounts. At the time when any such new Lenders are added, each existing Lender shall assign to the Lenders a portion of its outstanding Advances that shall result in the new Lender's having a portion of the outstanding Advances that is the same as its Pro Rata Percentage of the Commitment Amount, as increased.
Addition of Lenders. (i) As of the Amendment No. 1 Effective Date (as such term is defined below), each Lender party to this Agreement who was not a party to the Financing Agreement on the Effective Date (each a “New Lender”) shall be a party to the Financing Agreement and have the rights and obligations of a Lender under the Financing Agreement.
Addition of Lenders. On the First Amendment Effective Date, each New Lender shall become a "Lender" under and for all purposes of the Credit Agreement, shall be bound by the Credit Agreement, and shall be entitled to the benefits of the Credit Agreement and each other Loan Document, and each Lender (including Bank of America Illinois) shall have a Total Percentage, a Revolving Commitment, a Revolving Percentage, a Term A Loan, a Term A Percentage, a Term B Loan and a Term B Percentage in the respective amounts and percentages set forth on Schedule 1.1 hereto. To facilitate the foregoing, each New Lender agrees that on the First Amendment Effective Date and after giving effect to the changes contemplated herein, it will remit to the Agent funds in an amount equal to its Revolving Percentage of all outstanding Revolving Loans plus its Term A Percentage of all outstanding Term A Loans plus its Term B Percentage of all outstanding Term B Loans, and the Agent agrees to immediately remit all of such funds received from each New Lender to Bank of America Illinois. Each New Lender agrees that all interest and fees accrued under the Credit Agreement prior to the First Amendment Effective Date are the property of Bank of America Illinois. By their signatures below (a) the Company confirms that the amounts of the Revolving Commitment, the Term A Loans and the Term B Loans set forth on Schedule 1.1 are true and correct and (b) Bank of America Illinois confirms that it has not sold or otherwise encumbered its rights under the Credit Agreement or its interest in any Loans prior to the syndication thereof pursuant to this Amendment.
Addition of Lenders. The Credit Agreement is amended to include each of Bank of America Illinois, The First National Bank of Boston, Bank of Montreal, The Fuji Bank, Limited, ABN AMRO Bank N.V., The Bank of New York and Deutsche Bank A.G. (collectively, the "Purchasing Lenders" and each individually a "Purchasing Lender") as a party to the Credit Agreement, as amended hereby (as so amended, the "Amended Credit Agreement"), and each such entity shall have all rights and obligations of a Lender under the Amended Credit Agreement.
Addition of Lenders. Upon execution of this Amendment, Borrower shall pay a fee of $12,500 each to U.S. Bank of Washington, National Association, and The Bank of Nova Scotia (the "New Lenders"); and the New Lenders shall each fund to Agent their respective Pro Rata Share of all outstanding Loans (with Agent to redistribute such funds to Lenders such that each Lender shall have 45 funded its Pro Rata Share of all outstanding Loans). All outstanding LIBOR Loans shall be deemed to have been prepaid on such date, and new LIBOR Loans funded, with Applicable Interest Periods to be designated by Borrower to Agent in writing. Lenders waive all prepayment fees with regard to the prepayment described in this paragraph only.
