Addition of New Borrowers. Any Fund may from time to time request in writing (each such request, an "Additional Borrower Request") that a separate affiliated mutual fund portfolio which is a portfolio of such Fund be included hereunder as an additional Borrower subject to the terms and conditions of this Agreement (any such separate mutual fund portfolio, an "Additional Borrower"). Such Additional Borrower Request shall be delivered to each of the Banks and the Administrative Agent and shall include (a) a certification by an authorized officer of such Fund that (i) the representations, warranties and agreements of the Borrowers contained in Section 6 are true and correct as if made on the date of such certification and on the date such Additional Borrower becomes a Borrower hereunder and (ii) no Default or Event of Default has occurred and is continuing or will occur as a result of such Additional Borrower becoming a Borrower hereunder and (b) true and correct copies of the most recent audited and unaudited financial statements of such Additional Borrower. Upon receipt of an Additional Borrower Request each Bank shall in its sole discretion determine whether it shall consent to such request, any such consent to be in writing and delivered to the Administrative Agent. Failure by any Bank to deliver such a consent within 30 days after receipt of such request shall be deemed a refusal to consent on the part of such Bank. To the extent the Administrative Agent receives written consents from all Banks with respect to a particular Additional Borrower Request, the Administrative Agent shall notify the Borrowers thereof, and such Additional Borrower shall become a Borrower hereunder (at which time Schedule I hereto shall be deemed to be amended to include such new Borrower) upon delivery to the Agents of (x) certified copies of documents relating to such Additional Borrower of the type referred to in Section 4.05 and (y) an executed counterpart hereof and/or an assumption agreement in form satisfactory to the Administrative Agent.
Addition of New Borrowers. By its execution and delivery of this Agreement, each New Borrower (a) acknowledges and agrees that, as of the Agreement Effective Date (as hereinafter defined), it is a “Borrower” under the Credit Agreement with the same force and effect as if originally named therein as a “Borrower,” (b) covenants with Administrative Agent and Lenders that it will observe and perform the terms and provisions of the Credit Agreement to the same extent as if it were an original party thereto, and (c) confirms that it has received a copy of the Credit Agreement. The parties hereto agree that each reference in the Credit Agreement and the other Credit Documents to “Borrower,” “Borrowers” or terms of similar import shall be deemed to include each New Borrower.
Addition of New Borrowers. New Borrowers are hereby added as co-borrowers under the Loan Agreement with the same force and effect as if New Borrowers had duly executed and delivered the Loan Agreement as Borrowers thereunder in addition to the Existing Borrowers. Without limiting the foregoing:
Addition of New Borrowers. Original Borrower and Lender agree that each New Borrower shall from and hereafter be a Borrower for all purposes of the Loan Agreement and other documents. Accordingly, each New Borrower hereby agrees to be bound by all of the conditions, covenants, representations, warranties, and other agreements set forth in the Loan Agreement, and hereby agrees to promptly execute all further documentation required by Lender to be executed by such New Borrower, consistent with the terms of the Loan Agreement. Lender hereby ratifies and consents to the formation of each New Borrower.
Addition of New Borrowers. (a) Subject to the Bank’s prior written consent, any Subsidiary of Xxxx (other than any Subsidiary of Xxxx which is incorporated in New Zealand) may become a Borrower for the purposes of this Agreement by: [*] Confidential Treatment Requested
Addition of New Borrowers. Subject to the satisfaction of each of the conditions set forth in Section 6.9(c) of the Credit Agreement, each of the Subsidiaries of ASC indicated as "New Subsidiary Borrowers" on the signature pages to this Amendment (the "New Subsidiary Borrowers") hereby becomes a Subsidiary Borrower under the Credit Agreement with the same force and effect as if originally named therein as a Subsidiary Borrower and, without limiting the generality of the foregoing, hereby expressly assumes all obligations and liabilities of a Subsidiary Borrower thereunder. Each New Subsidiary Borrower hereby represents and warrants that each of the representations and warranties contained in Section 4 of the Credit Agreement is true and correct on and as the date hereof (after giving effect to the terms of the Amendment) as if made on and as of such date, except for representations and warranties expressly stated to relate to a specific earlier date.
Addition of New Borrowers. (a) Each New Borrower is hereby added as a Borrower under the Loan Agreement and the Note. Each New Borrower hereby joins in the Loan Agreement and the Note, and agrees to be bound and obligated under the Loan Agreement and the Note with the other parties thereto, and hereby joins in all of the representations, warranties, covenants and grants of security interests by the Borrowers which are contained therein, and other provisions by which the Borrowers are bound which are contained therein, all with the same effect as if each New Borrower had executed the Loan Agreement and the Note as of September 30, 2011, except that all representations and warranties relating to the New Borrowers which are contained in this Agreement or are added by this Agreement to the Documents, shall be effective as of the date of this Agreement. All references in the Documents to the Borrowers under the Loan Agreement and the Note shall be deemed to include a reference to the New Borrowers. All of the Documents are hereby modified and amended to incorporate the foregoing provisions of this paragraph.
