Addition of New Lender. Pursuant to Section 2.20 of the Credit Agreement, the New Lender is hereby added to the Credit Agreement as a Lender with a Commitment of $________________. The New Lender specifies as its Domestic Lending Office and Eurodollar Lending Office the following:
Addition of New Lender. The parties hereto hereby confirm and agree that, from and after the date hereof, the New Lender shall be a Lender for all purposes of the Credit Agreement and the other Documents having the Commitment set forth opposite its name on Schedule A hereto and all references herein or therein to “Lenders” or a “Lender” shall be deemed to include the New Lender.
Addition of New Lender. By its execution hereof, the following is becoming a party to the Credit Agreement as a Lender as of the Amendment Effective Date: Associated Bank, N.A. (the “New Lender”). The New Lender shall evidence its entry into the Credit Agreement by its execution and delivery of signature pages to this Amendment. This Amendment shall not be given effect prior to receipt of the New Lender’s executed pages hereto. The New Lender agrees that it constitutes a Lender under the Credit Agreement and the other Loan Documents and shall be bound by the provisions of this Amendment, the Credit Agreement and the other Loan Documents. The New Lender’s Revolving Credit Commitment and 2020 Term Loan Commitment appears in Schedule 1 to the Credit Agreement. The New Lender acknowledges and agrees that it has received a copy of the Credit Agreement, together with copies of financial statements and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment and to become a Lender, which analysis and decision has been made independently of and without reliance upon the Administrative Agent or any other Lender. The New Lender confirms it will, independently and without reliance on the Administrative Agent, or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Credit Agreement and the Loan Documents, and it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Lender. The Administrative Agent shall make such reallocations, sales, assignments or other relevant actions in respect of each Lender’s credit exposure under the Credit Agreement (prior to giving effect to the Amendment) as are necessary in order that each such Lender’s credit exposure and outstanding Loans reflects such Lender’s ratable share of the outstanding aggregate credit exposure on the Amendment Effective Date. Notwithstanding anything to the contrary in Section 3.3 of the Credit Agreement or otherwise in the Credit Agreement, each Lender agrees to waive, and will not request, reimbursement or indemnification to which it may otherwise be entitled, for any losses, costs and expenses incurred by such Lender in connection with the sale and assignment of any Eurocurrency Loan and such reallocation described above. The B...
Addition of New Lender. The Company may at any time propose that a financial institution become an additional Lender hereunder other than by assignment of the Maximum Commitment of an existing Lender; provided, however, that such additional party shall be a financial institution with capital of at least $250,000,000 and shall be subject to the consent of the Administrative Agent, which consent shall not be unreasonably withheld. Upon the addition of any such party as an additional Lender hereunder, (i) this Agreement will be amended by the parties hereto and by the party becoming an additional Lender hereunder to reflect the addition of such party as a Lender hereunder, (ii) the Company will deliver an updated Commitment Schedule to the Administrative Agent and the Lenders reflecting the addition of such party as a Lender, (iii) the outstanding Loans will be reallocated among the Lenders (including the additional Lender) in accordance with such updated Commitment Schedule, and (iv) the Company will deliver a Note to such party.
Addition of New Lender. Subject to Article 3 hereof upon and after the Effective Date (defined below), the New Lender hereby assumes, adopts and agrees to become a party, as a Lender, to the Credit Agreement and to each other Loan Document to which the Lenders are parties and for all purposes thereof, with a Commitment Amount as stated in the amended Schedule 5 to the Credit Agreement attached hereto as Exhibit A, and the parties hereto, other than the New Lender, acknowledge and consent to such actions by the New Lender. Upon a nd after the Effective Date, the New Lender shall be a Lender under the Credit Agreement and the other Loan Documents to which the Lenders are parties and shall have all of the rights, privileges and benefits of a Lender under the Credit Agreement and the other Loan Documents, and all of the duties of a Lender thereunder, in each case as if the New Lender had been initially a party to the Credit Agreement. Upon the Effective Date (defined below), the New Lender shall make Loans as calculated by the Agent so that its outstanding Loans are equal to its respective Percentage Share of all Loans outstanding on such date and the Agent shall distribute the proceeds of such Loans to the other Lenders in accordance with their Percentage Share of all Loans outstanding on the Effective Date, in each case after giving effect to this Amendment, but prior to any additional Loans requested by the Company to be made on the Effective Date.
Addition of New Lender. The Company may at any time propose ---------------------- that a financial institution become an additional Lender hereunder other than by assignment of the Maximum Commitment of an existing Lender; provided, however, that such additional party shall be a financial institution with capital of at least $100,000,000 and shall be subject to the consent of the Administrative Agent, which consent shall not be unreasonably withheld. Upon the addition of any such party as an additional Lender hereunder, (i) this Agreement will be amended by the parties hereto and by the party becoming an additional Lender hereunder to reflect the addition of such party as a Lender hereunder, (ii) the Administrative Agent will deliver an updated Commitment Schedule to the Companies, the L/C Bank and the Lenders reflecting the addition of such party as a Lender, (iii) the outstanding Loans will be reallocated among the Lenders (including the additional Lender) in accordance with such updated Commitment Schedule, (iv) the Companies will deliver a Note to such party, and (v)(A) such additional Lender will execute and deliver to the L/C Bank a Participation Agreement in form and substance satisfactory to the L/C Bank, (B) all existing Participation Agreements shall be deemed concurrently amended to reflect the adjustment of the Percentage Shares of the Lenders, including the additional Lender, thereunder, and (C) the L/C Bank shall promptly issue a new Participation Certificate to each Lender, including the new Lender, reflecting such Lender's revised Participation Share (as defined in the Participation Agreement) in the L/C Obligations.
Addition of New Lender. Pursuant to Section 2.15 of the Credit Agreement, the New Lender is hereby added to the Credit Agreement as a Lender with a Commitment of $______________. The New Lender specifies as its Lending Office the following: ________________________________ ________________________________ ________________________________ Attention:______________________ Telephone:______________________ Telecopy:_______________________
Addition of New Lender. In accordance with Section 13.1 of the Credit Agreement, each of the Additional Lenders hereby acknowledges and agrees, with the consent of the Borrower, Agent, and the Existing Lender, that, from and after the effective date hereof, it shall be a party to the Credit Agreement and shall have the rights and obligations of a Lender under the Loan Documents as set forth therein and as modified hereby. Each of the Additional Lenders (a) represents and warrants to Borrower, Agent, and the Existing Lender that it is legally authorized to enter into this Amendment, (b) confirms that it has received a copy of the Credit Agreement, copies of the current financials, and such other documents and information as it deems appropriate to make its own credit analysis and decision to enter into this Agreement, (c) agrees with Borrower, Agent, and the Existing Lender that it shall independently and without reliance upon Agent, or any other Lender and based on such documents and information as it deems appropriate at the time continue to make its own credit decisions in taking or not taking action under the Loan Documents, (d) appoints and authorizes Agent to take such action as agent on its behalf and to exercise such powers under the Loan Documents as are delegated to Agent by the terms of the Loan Documents and all other reasonably incidental powers, (e) confirms, acknowledges, and agrees its Commitment Amount and Commitment Percentage is as set forth in Schedule 1 to the Credit Agreement, as modified hereby and from time to time hereafter, and (f) agrees with Borrower, Agent, and the other Lenders that it shall perform and comply with all provisions of the Loan Documents applicable to Lenders in accordance with their respective terms.
Addition of New Lender. Pursuant to Section 2.14 of the Credit Agreement, New Lender is hereby added to the Credit Agreement as a Lender with a Commitment of $ . New Lender specifies as its Applicable Lending Offices (and address for notices) the offices and notice address set forth in its Administrative Questionnaire or such other offices or notice address of New Lender as New Lender may from time to time specify to the Borrower and the Administrative Agent.
Addition of New Lender. Upon satisfaction of the conditions precedent set forth in Section 3 below, the Credit Agreement shall be and hereby is amended as follows:
1.1 Xxxxxxx Xxxxx Capital, a Division of Xxxxxxx Xxxxx Business Financial Services Inc., a Delaware corporation (the “New Lender”) shall be deemed a Lender signatory to the Credit Agreement and shall have all the rights, benefits, duties and obligations of a Lender under the Credit Agreement and the Loan Documents. Accordingly, all references in the Credit Agreement and the Loan Documents to the terms “Lender” and “Lenders” shall be deemed to include, and be a reference to, the New Lender. The New Lender agrees that it will perform all of the duties and obligations which by the terms of the Credit Agreement and the Loan Documents are required to be performed by it as a Lender with a Commitment of $20,000,000.
